[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 2833

Public Law 109-149
109th Congress

An Act


 
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies for the fiscal year ending
September 30, 2006, and for other purposes.  NOTE: Dec. 30,
2005 -  [H.R. 3010]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2006.  That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies for the fiscal year ending September 30, 2006, and for
other purposes, namely:

TITLE I--DEPARTMENT  NOTE: Department of Labor Appropriations Act,
2006.  OF LABOR

Employment and Training Administration


Training and Employment Services


(including rescissions)


For necessary expenses of the Workforce Investment Act of 1998, the
Denali Commission Act of 1998, and the Women in Apprenticeship and Non-
Traditional Occupations Act of 1992, including the purchase and hire of
passenger motor vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment Act of 1998;
$2,652,411,000 plus reimbursements, of which $1,688,411,000 is available
for obligation for the period July 1, 2006, through June 30, 2007;
except that amounts determined by the Secretary of Labor to be necessary
pursuant to sections 173(a)(4)(A) and 174(c) of the Workforce Investment
Act of 1998 shall be available from October 1, 2005, until expended; and
of which $950,000,000 is available for obligation for the period April
1, 2006, through June 30, 2007, to carry out chapter 4 of the Workforce
Investment Act of 1998; and of which $8,000,000 is available for the
period July 1, 2006, through June 30, 2009, for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps centers:
Provided, That notwithstanding any other provision of law, of the funds
provided herein under section 137(c) of the Workforce Investment Act of
1998, $282,800,000 shall be for activities described in section
132(a)(2)(A) of such Act and $1,193,264,000 shall be for activities
described in section 132(a)(2)(B) of such Act: Provided further, That
$125,000,000 shall be available for Community-Based Job Training Grants,
which shall be from funds reserved under section

[[Page 2834]]
119 STAT. 2834

132(a)(2)(A) of the Workforce Investment Act of 1998 and shall be used
to carry out such grants under section 171(d) of such Act, except that
the 10 percent limitation otherwise applicable to the amount of funds
that may be used to carry out section 171(d) shall not be applicable to
funds used for Community-Based Job Training grants: Provided further,
That funds provided to carry out section 132(a)(2)(A) of the Workforce
Investment Act of 1998 may be used to provide assistance to a State for
State-wide or local use in order to address cases where there have been
worker dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the State workforce
development plan with emerging economic development needs; and train
such eligible dislocated workers: Provided further, That $7,936,000
shall be for carrying out section 172 of the Workforce Investment Act of
1998: Provided further, That $982,000 shall be for carrying out Public
Law 102-530: Provided further, That, notwithstanding any other provision
of law or related regulation, $80,557,000 shall be for carrying out
section 167 of the Workforce Investment Act of 1998, including
$75,053,000 for formula grants, $5,000,000 for migrant and seasonal
housing (of which not less than 70 percent shall be for permanent
housing), and $504,000 for other discretionary purposes, and that the
Department shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services: Provided further,
That notwithstanding the transfer limitation under section 133(b)(4) of
such Act, up to 30 percent of such funds may be transferred by a local
board if approved by the Governor: Provided further, That funds provided
to carry out section 171(d) of the Workforce Investment Act of 1998 may
be used for demonstration projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided further, That
no funds from any other appropriation shall be used to provide meal
services at or for Job Corps centers.
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000 is
available for obligation for the period October 1, 2006, through June
30, 2007, and of which $100,000,000 is available for the period October
1, 2006, through June 30, 2009, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers.
Of the funds provided under this heading in Public Law 108-7 to
carry out section 173(a)(4)(A) of the Workforce Investment Act of 1998,
$20,000,000 are rescinded.
Of the funds provided under this heading in Public Law 107-117,
$5,000,000 are rescinded.
Of the funds provided under this heading in division F of Public Law
108-447 for Community-Based Job Training Grants, $125,000,000 is
rescinded.
The Secretary of Labor shall take no action to amend, through
regulatory or administration action, the definition established in 20
CFR 667.220 for functions and activities under title I of the Workforce
Investment Act of 1998, or to modify, through regulatory or
administrative action, the procedure for redesignation of local

[[Page 2835]]
119 STAT. 2835

areas as specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of that Act,
but notwithstanding the time limits specified in section 116(a)(3)(B) of
that Act), until such time as legislation reauthorizing the Act is
enacted. Nothing in the preceding sentence shall permit or require the
Secretary of Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure being used by
the Secretary in order to complete such redesignation for a State that
initiated the process of such redesignation by submitting any request
for such redesignation not later than October 26, 2005.


Community Service Employment for Older Americans


To carry out title V of the Older Americans Act of 1965, as amended,
$436,678,000.


Federal Unemployment Benefits and Allowances


For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II of chapter 2, title II of the
Trade Act of 1974 (including the benefits and services described under
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment Assistance
Reform Act of 2002, Public Law 107-210), $966,400,000, together with
such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.


State Unemployment Insurance and Employment Service Operations


For authorized administrative expenses, $125,312,000, together with
not to exceed $3,266,766,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund including the cost of
administering section 51 of the Internal Revenue Code of 1986, as
amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade
Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2006, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2008; of which $125,312,000, together with not to
exceed $700,000,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2006,
through June 30, 2007, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E)

[[Page 2836]]
119 STAT. 2836

made available to States in lieu of allotments for such purpose:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2006 is projected by the Department
of Labor to exceed 2,800,000, an additional $28,600,000 shall be
available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which are
used to support the national activities of the Federal-State
unemployment insurance or immigration programs, may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated in this Act for activities authorized
under the Wagner-Peyser Act, as amended, and title III of the Social
Security Act, may be used by the States to fund integrated Employment
Service and Unemployment Insurance automation efforts, notwithstanding
cost allocation principles prescribed under Office of Management and
Budget Circular A-87.


Advances to the Unemployment Trust Fund and Other Funds


For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2007, $465,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2006, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.


Program Administration


For expenses of administering employment and training programs,
$117,123,000, together with not to exceed $82,877,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.


Workers Compensation Programs


(rescission)


Of funds provided under this heading in the Emergency Supplemental
Appropriations Act, 2002 (Public Law 107-117, division B), $120,000,000
are rescinded.

Employee Benefits Security Administration


Salaries and Expenses


For necessary expenses for the Employee Benefits Security
Administration, $134,900,000.

[[Page 2837]]
119 STAT. 2837

Pension Benefit Guaranty Corporation


Pension Benefit Guaranty Corporation Fund


The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through September
30, 2006, for such Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2006 shall be available for
obligations for administrative expenses in excess of $296,978,000:
Provided further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget and the
Committees on Appropriations of the House and Senate.

Employment Standards Administration


Salaries and Expenses


For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $413,168,000, together with
$2,048,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).


Special Benefits


(including transfer of funds)


For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $237,000,000, together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not

[[Page 2838]]
119 STAT. 2838

the employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2005, shall remain available
until expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2006:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $53,695,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $13,305,000.
(2) For automated workload processing operations, including
document imaging, centralized mail intake and medical bill
processing, $27,148,000.
(3) For periodic roll management and medical review,
$13,242,000.
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:

Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under chapter 81 of title 5,
United States Code, or 33 U.S.C. 901 et seq., provide as part of such
notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.


Special Benefits for Disabled Coal Miners


For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275 (the ``Act''), $232,250,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Act, for costs incurred in
the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2007, $74,000,000, to remain available until expended.


Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund


(including transfer of funds)


For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $96,081,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may be necessary in fiscal year 2006
to carry out those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security

[[Page 2839]]
119 STAT. 2839

account number) as may be prescribed: Provided
further,  NOTE: Deadline.  That not later than 30 days after
enactment, in addition to other sums transferred by the Secretary of
Labor to the National Institute for Occupational Safety and Health
(``NIOSH'') for the administration of the Energy Employees Occupational
Illness Compensation Program (``EEOICPA''), the Secretary of Labor shall
transfer $4,500,000 to NIOSH from the funds appropriated to the Energy
Employees Occupational Illness Compensation Fund (42 U.S.C. 7384e), for
use by or in support of the Advisory Board on Radiation and Worker
Health (``the Board'') to carry out its statutory responsibilities under
EEOICPA (42 U.S.C. 7384n-q), including obtaining audits, technical
assistance and other support from the Board's audit contractor with
regard to radiation dose estimation and reconstruction efforts, site
profiles, procedures, and review of Special Exposure Cohort petitions
and evaluation reports.


Black Lung Disability Trust Fund


(including transfer of funds)


In fiscal year 2006  NOTE: 26 USC 9501 note.  and thereafter, such
sums as may be necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits authorized
by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
1954, as amended; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2006 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): $33,050,000 for transfer to the Employment Standards
Administration ``Salaries and Expenses''; $24,239,000 for transfer to
Departmental Management, ``Salaries and Expenses''; $344,000 for
transfer to Departmental Management ``Office of Inspector General''; and
$356,000 for payments into miscellaneous receipts for the expenses of
the Department of the Treasury.

Occupational Safety and Health Administration


Salaries and Expenses


For necessary expenses for the Occupational Safety and Health
Administration, $477,199,000, including not to exceed $92,013,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;  NOTE: 29
USC 670 note.  and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $750,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants: Provided,
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 2006, to collect
and retain fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a,

[[Page 2840]]
119 STAT. 2840

to administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:

Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period of
September 30, 2006, to September 30, 2007, provided that a grantee has
demonstrated satisfactory performance: Provided further, That none of
the funds appropriated under this paragraph shall be obligated or
expended to administer or enforce the provisions of 29 CFR
1910.134(f)(2) (General Industry Respiratory Protection Standard) to the
extent that such provisions require the annual fit testing (after the
initial fit testing) of respirators for occupational exposure to
tuberculosis.

[[Page 2841]]
119 STAT. 2841

Mine Safety and Health Administration


Salaries and Expenses


For necessary expenses for the Mine Safety and Health
Administration, $280,490,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health Administration
may retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities;  NOTE: 30 USC 962.  the
Secretary is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety associations; the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization; and any funds available to the department may be
used, with the approval of the Secretary, to provide for the costs of
mine rescue and survival operations in the event of a major disaster.

Bureau of Labor Statistics


Salaries and Expenses


For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $464,678,000, together with not
to exceed $77,845,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund, of which
$5,000,000 may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2): Provided, That
the Current Employment Survey shall maintain the content of the survey
issued prior to June 2005 with respect to the collection of data for the
women worker series.

Office of Disability Employment Policy


salaries and expenses


For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $27,934,000.

[[Page 2842]]
119 STAT. 2842

Departmental Management


Salaries and Expenses


For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation, through
contracts, grants or other arrangements of Departmental activities
conducted by or through the Bureau of International Labor Affairs,
including bilateral and multilateral technical assistance and other
international labor activities, $300,275,000, of which $6,944,000, to
remain available until September 30, 2007, is for Frances Perkins
Building Security Enhancements, and $29,760,000 is for the acquisition
of Departmental information technology, architecture, infrastructure,
equipment, software and related needs, which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; together with not to exceed $311,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.


Veterans Employment and Training


Not to exceed $194,834,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, and
Public Law 103-353, and which shall be available for obligation by the
States through December 31, 2006, of which $1,984,000 is for the
National Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and
the Veterans Workforce Investment Programs (29 U.S.C. 2913),
$29,500,000, of which $7,500,000 shall be available for obligation for
the period July 1, 2006, through June 30, 2007.


Office of Inspector General


For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $66,211,000, together with not to exceed $5,608,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund.

Working Capital Fund

For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastructure and
the costs associated with implementation thereof, $6,230,000.

General Provisions

Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the salary of an individual, either as direct
costs or any proration as an indirect cost, at a rate in excess of
Executive Level I.
Sec. 102.  NOTE: Deadline. Establishment. 29 USC 2883a.  Not later
than 90 days after the date of enactment of this Act, the Secretary of
Labor shall permanently establish and maintain an Office of Job Corps
within the Office of the

[[Page 2843]]
119 STAT. 2843

Secretary, in the Department of Labor, to carry out the functions
(including duties, responsibilities, and procedures) of subtitle C of
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et
seq.).  NOTE: Appointment.  The Secretary shall appoint a senior
member of the civil service to head that Office of Job Corps and carry
out subtitle C. The Secretary shall transfer funds appropriated for the
program carried out under that subtitle C, including the administration
of such program, to the head of that Office of Job Corps. The head of
that Office of Job Corps shall have contracting authority and shall
receive support as necessary from the Assistant Secretary for
Administration and Management with respect to contracting functions and
the Assistant Secretary for Policy with respect to research and
evaluation functions.


(transfer of funds)


Sec. 103. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Labor in this Act may be transferred between a
program, project, or activity, but no such program, project, or activity
shall be increased by more than 3 percent by any such transfer:
Provided, That a program, project, or activity may be increased by up to
an additional 2 percent subject to approval by the House and Senate
Committees on Appropriations: Provided further, That the transfer
authority granted by this section shall be available only to meet
emergency needs and shall not be used to create any new program or to
fund any project or activity for which no funds are provided in
this  NOTE: Notification. Deadline.  Act: Provided further, That the
Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.

Sec. 104.  NOTE: Child labor.  In accordance with Executive Order
No. 13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.

Sec. 105. There is authorized to be appropriated such sums as may be
necessary to the Denali Commission through the Department of Labor to
conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 106.  NOTE: New York.  For purposes of chapter 8 of division
B of the Department of Defense and Emergency Supplemental Appropriations
for Recovery from and Response to Terrorist Attacks on the United States
Act, 2002 (Public Law 107-117), payments made by the New York Workers'
Compensation Board to the New York Crime Victims Board and the New York
State Insurance Fund before the date of the enactment of this Act shall
be deemed to have been made for workers compensation programs.

Sec. 107.  NOTE: Budget.  The Department of Labor shall submit its
fiscal year 2007 congressional budget justifications to the Committees
on Appropriations of the House of Representatives and the Senate in the
format and level of detail used by the Department of Education in its
fiscal year 2006 congressional budget justifications.

Sec. 108.  NOTE: Deadline.  The Secretary shall prepare and submit
not later than July 1, 2006, to the Committees on Appropriations of the
Senate and of the House an operating plan that outlines the planned

[[Page 2844]]
119 STAT. 2844

allocation by major project and activity of fiscal year 2006 funds made
available for section 171 of the Workforce Investment Act.
This title may be cited as the ``Department of Labor Appropriations
Act, 2006''.

TITLE II--DEPARTMENT  NOTE: Department of Health and Human Services
Appropriations Act, 2006.  OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Health Resources and Services


For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and sections 1128E, and 711,
and 1820 of the Social Security Act, the Health Care Quality Improvement
Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988, as
amended, the Cardiac Arrest Survival Act of 2000, section 712 of the
American Jobs Creation Act of 2004, and for expenses necessary to
support activities related to countering potential biological, disease,
nuclear, radiological and chemical threats to civilian populations,
$6,629,661,000 of which $64,180,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act (of which $25,000,000 is
for a Delta health initiative Rural Health, Education, and Workforce
Infrastructure Demonstration Program which shall solicit and fund
proposals from local governments, hospitals, universities, and rural
public health-related entities and organizations for research
development, educational programs, job training, and construction of
public health-related facilities): Provided, That of the funds made
available under this heading, $222,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of the Social
Security Act, shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to carry out that
Act: Provided further, That no more than $40,000 is available until
expended for carrying out the provisions of 42 U.S.C. 233(o) including
associated administrative expenses: Provided further, That no more than
$45,000,000 is available until expended for carrying out the provisions
of Public Law 104-73 and for expenses incurred by the Department of
Health and Human Services pertaining to administrative claims made under
such law: Provided further, That $4,000,000 is available until expended
for the National Cord Blood Stem Cell Bank Program as described in House
Report 108-401: Provided further, That of the funds made available under
this heading, $285,963,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said projects under
such title shall not be

[[Page 2845]]
119 STAT. 2845

expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $797,521,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act: Provided
further, That in addition to amounts provided herein, $25,000,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out Parts A, B, C, and D of title XXVI of
the Public Health Service Act to fund section 2691 Special Projects of
National Significance: Provided further, That, notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $117,108,000 is
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act: Provided
further, That of the funds provided, $39,680,000 shall be provided to
the Denali Commission as a direct lump payment pursuant to Public Law
106-113.


Health Education Assistance Loans Program Account


Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act, as
amended. For administrative expenses to carry out the guaranteed loan
program, including section 709 of the Public Health Service Act,
$2,916,000.


Vaccine Injury Compensation Program Trust Fund


For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,600,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.

Centers for Disease Control and Prevention


Disease Control, Research, and Training


To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
301, and 501 of the Federal Mine Safety and Health Act of 1977, sections
20, 21, and 22 of the Occupational Safety and Health Act of 1970, title
IV of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, and for expenses necessary to support
activities related to countering potential biological, disease, nuclear,
radiological, and chemical threats to civilian populations; including
purchase and insurance of official motor vehicles in foreign countries;
and purchase, hire, maintenance, and operation of aircraft,
$5,884,934,000, of which $160,000,000 shall remain available until
expended for equipment, construction and renovation of facilities; of
which $30,000,000 of the amounts available for immunization activities
shall remain available until expended; of which $530,000,000 shall
remain available until expended for the Strategic National Stockpile;
and of

[[Page 2846]]
119 STAT. 2846

which $123,883,000 for international HIV/AIDS shall remain available
until September 30, 2007. In addition, such sums as may be derived from
authorized user fees, which shall be credited to this account: Provided,
That in addition to amounts provided herein, the following amounts shall
be available from amounts available under section 241 of the Public
Health Service Act: (1) $12,794,000 to carry out the National
Immunization Surveys; (2) $109,021,000 to carry out the National Center
for Health Statistics surveys; (3) $24,751,000 to carry out information
systems standards development and architecture and applications-based
research used at local public health levels; (4) $463,000 for Health
Marketing evaluations; (5) $31,000,000 to carry out Public Health
Research; and (6) $87,071,000 to carry out research activities within
the National Occupational Research Agenda: Provided further, That none
of the funds made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used, in whole or in
part, to advocate or promote gun control: Provided further, That up to
$31,800,000 shall be made available until expended for Individual
Learning Accounts for full-time equivalent employees of the Centers for
Disease Control and Prevention: Provided further, That the Director may
redirect the total amount made available under authority of Public Law
101-502, section 3, dated November 3, 1990, to activities the Director
may so  NOTE: Notification.  designate: Provided further, That the
Congress is to be notified promptly of any such transfer: Provided
further, That not to exceed $12,500,000 may be available for making
grants under section 1509 of the Public Health Service Act to not more
than 15 States, tribes, or tribal organizations: Provided further, That
notwithstanding any other provision of law, a single contract or related
contracts for development and construction of facilities may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18: Provided further,
That of the funds appropriated, $10,000 is for official reception and
representation expenses when specifically approved by the Director of
the Centers for Disease Control and Prevention: Provided further, That
employees of the Centers for Disease Control and Prevention or the
Public Health Service, both civilian and Commissioned Officers, detailed
to States, municipalities, or other organizations under authority of
section 214 of the Public Health Service Act, shall be treated as non-
Federal employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service, or the
Department of Health and Human Services during the period of detail or
assignment.

National Institutes of Health


National Cancer Institute


For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,841,774,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
NCI-Frederick Federally Funded Research and Development Center in
Frederick, Maryland.

[[Page 2847]]
119 STAT. 2847

National Heart, Lung, and Blood Institute


For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,951,270,000.


National Institute of Dental and Craniofacial Research


For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $393,269,000.


National Institute of Diabetes and Digestive and Kidney Diseases


For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,722,146,000.


National Institute of Neurological Disorders and Stroke


For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,550,260,000.


National Institute of Allergy and Infectious Diseases


(including transfer of funds)


For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,459,395,000: Provided, That $100,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended:
Provided further, That up to $30,000,000 shall be for extramural
facilities construction grants to enhance the Nation's capability to do
research on biological and other agents.


National Institute of General Medical Sciences


For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,955,170,000.


National Institute of Child Health and Human Development


For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,277,544,000.


National Eye Institute


For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$673,491,000.


National Institute of Environmental Health Sciences


For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$647,608,000.

[[Page 2848]]
119 STAT. 2848

National Institute on Aging


For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,057,203,000.


National Institute of Arthritis and Musculoskeletal and Skin Diseases


For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $513,063,000.


National Institute on Deafness and Other Communication Disorders


For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$397,432,000.


National Institute of Nursing Research


For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $138,729,000.


National Institute on Alcohol Abuse and Alcoholism


For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $440,333,000.


National Institute on Drug Abuse


For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,010,130,000.


National Institute of Mental Health


For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,417,692,000.


National Human Genome Research Institute


For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $490,959,000.


National Institute of Biomedical Imaging and Bioengineering


For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $299,808,000.


National Center for Research Resources


For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,110,203,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants.

[[Page 2849]]
119 STAT. 2849

National Center for Complementary and Alternative Medicine


For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$122,692,000.


National Center on Minority Health and Health Disparities


For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $197,379,000.


John E. Fogarty International Center


For carrying out the activities at the John E. Fogarty International
Center, $67,048,000.


National Library of Medicine


For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$318,091,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2006,
the Library may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health: Provided further,
That in addition to amounts provided herein, $8,200,000 shall be
available from amounts available under section 241 of the Public Health
Service Act to carry out National Information Center on Health Services
Research and Health Care Technology and related health services.


Office of the Director


(including transfer of funds)


For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $482,895,000, of which up to $10,000,000
shall be used to carry out section 217 of this Act: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may
so  NOTE: Notification.  designate: Provided further, That no such
appropriation shall be decreased by more than 1 percent by any such
transfers and that the Congress is promptly notified of the transfer:
Provided further, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical services that
are incurred in National Institutes of Health research facilities and
that such payments shall be credited to the National Institutes of
Health Management Fund: Provided further, That all funds credited to the
National Institutes of Health Management Fund shall remain available for
one fiscal year after the fiscal year in which they are deposited:
Provided further, That up to $500,000 shall be available to carry out
section 499 of the Public Health Service Act: Provided further, That in
addition to the transfer authority provided above, a uniform percentage
of the amounts appropriated

[[Page 2850]]
119 STAT. 2850

in this Act to each Institute and Center may be transferred and utilized
for the National Institutes of Health Roadmap for Medical Research:
Provided further, That the amount utilized under the preceding proviso
shall not exceed $250,000,000 without prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts transferred and utilized under
the preceding two provisos shall be in addition to amounts made
available for the Roadmap for Medical Research from the Director's
Discretionary Fund and to any amounts allocated to activities related to
the Roadmap through the normal research priority-setting process of
individual Institutes and Centers: Provided further, That of the funds
provided $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of NIH: Provided
further, That the Office of AIDS Research within the Office of the
Director, NIH may spend up to $4,000,000 to make grants for construction
or renovation of facilities as provided for in section 2354(a)(5)(B) of
the Public Health Service Act: Provided further, That of the funds
provided $97,000,000 shall be for expenses necessary to support
activities related to countering potential nuclear, radiological and
chemical threats to civilian populations.


Buildings and Facilities


For the study of, construction of, renovation of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $81,900,000, to
remain available until expended.

Substance Abuse and Mental Health Services Administration


substance abuse and mental health services


For carrying out titles V and XIX of the Public Health Service Act
(``PHS Act'') with respect to substance abuse and mental health
services, the Protection and Advocacy for Individuals with Mental
Illness Act, and section 301 of the PHS Act with respect to program
management, $3,237,813,000: Provided, That notwithstanding section
520A(f)(2) of the PHS Act, no funds appropriated for carrying out
section 520A are available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein, the
following amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX of the
PHS Act to fund section 1935(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B of title
XIX; (2) $21,803,000 to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B of title
XIX; (3) $16,000,000 to carry out national surveys on drug abuse; and
(4) $4,300,000 to evaluate substance abuse treatment programs.

[[Page 2851]]
119 STAT. 2851

Agency for Healthcare Research and Quality


Healthcare Research and Quality


For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, amounts received from
Freedom of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this appropriation
and shall remain available until expended: Provided, That the amount
made available pursuant to section 927(c) of the Public Health Service
Act shall not exceed $318,695,000: Provided further, That not more than
$50,000,000 of these funds shall be for the development of scientific
evidence that supports the implementation and evaluation of health care
information technology systems.

Centers for Medicare and Medicaid Services


Grants to States for Medicaid


For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $156,954,419,000, to remain available until
expended.
For making, after May 31, 2006, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2006 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2007, $62,783,825,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.


Payments to Health Care Trust Funds


For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844, 1860D-16, and 1860D-31 of the Social Security Act, sections 103(c)
and 111(d) of the Social Security Amendments of 1965, section 278(d) of
Public Law 97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $177,742,200,000.
In addition, for making matching payments under section 1844, and
benefit payments under sections 1860D-16 and 1860D-31, of the Social
Security Act, not anticipated in budget estimates, such sums as may be
necessary.


Program Management


For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $3,170,927,000, to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with

[[Page 2852]]
119 STAT. 2852

all funds collected in accordance with section 353 of the Public Health
Service Act and section 1857(e)(2) of the Social Security Act, and such
sums as may be collected from authorized user fees and the sale of data,
which shall remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the Public Health Service Act shall be credited to
and available for carrying out the purposes of this appropriation:
Provided further, That $24,205,000, to remain available until September
30, 2007, is for contract costs for the Centers for Medicare and
Medicaid Services Systems Revitalization Plan: Provided further, That
$79,934,000, to remain available until September 30, 2007, is for
contract costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That funds appropriated under this heading are
available for the Healthy Start, Grow Smart program under which the
Centers for Medicare and Medicaid Services may, directly or through
grants, contracts, or cooperative agreements, produce and distribute
informational materials including, but not limited to, pamphlets and
brochures on infant and toddler health care to expectant parents
enrolled in the Medicaid program and to parents and guardians enrolled
in such program with infants and children: Provided
further,  NOTE: Fees.  That the Secretary of Health and Human Services
is directed to collect fees in fiscal year 2006 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That to the extent Medicare claims volume is projected
by the Centers for Medicare and Medicaid Services (CMS) to exceed
200,000,000 Part A claims and/or 1,022,100,000 Part B claims, an
additional $32,500,000 shall be available for obligation for every
50,000,000 increase in Medicare claims volume (including a pro rata
amount for any increment less than 50,000,000) from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust Funds.


Health Maintenance Organization Loan and Loan Guarantee Fund


For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 2006, no
commitments for direct loans or loan guarantees shall be made.

Administration for Children and Families


Payments to States for Child Support Enforcement and Family Support
Programs


For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. chapter 9), $2,121,643,000, to remain
available until expended; and for such purposes for the first quarter of
fiscal year 2007, $1,200,000,000, to remain available until expended.

[[Page 2853]]
119 STAT. 2853

For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. chapter 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.


low-income home energy assistance


For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $2,000,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $183,000,000, to remain available until
September 30, 2006: Provided, That these funds are for the unanticipated
home energy assistance needs of one or more States, as authorized by
section 2604(e) of such Act, and notwithstanding the designation
requirement of section 2602(e) of such Act.


Refugee and Entrant Assistance


For necessary expenses for refugee and entrant assistance activities
and for costs associated with the care and placement of unaccompanied
alien children authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980
(Public Law 96-422), for carrying out section 462 of the Homeland
Security Act of 2002 (Public Law 107-296), and for carrying out the
Torture Victims Relief Act of 2003 (Public Law 108-179), $575,579,000,
of which up to $9,915,000 shall be available to carry out the
Trafficking Victims Protection Act of 2003 (Public Law 108-193):
Provided, That funds appropriated under this heading pursuant to section
414(a) of the Immigration and Nationality Act and section 462 of the
Homeland Security Act of 2002 for fiscal year 2006 shall be available
for the costs of assistance provided and other activities to remain
available through September 30, 2008.


Payments to States for the Child Care and Development Block Grant


For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $2,082,910,000 shall be used to supplement, not supplant
State general revenue funds for child care assistance for low-income
families: Provided, That $18,967,040 shall be available for child care
resource and referral and school-aged child care activities, of which
$992,000 shall be for the Child Care Aware toll-free hotline: Provided
further, That, in addition to the amounts required to be reserved by the
States under section 658G,

[[Page 2854]]
119 STAT. 2854

$270,490,624 shall be reserved by the States for activities authorized
under section 658G, of which $99,200,000 shall be for activities that
improve the quality of infant and toddler care: Provided further, That
$9,920,000 shall be for use by the Secretary for child care research,
demonstration, and evaluation activities.


Social Services Block Grant


For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.


Children and Families Services Programs


(including rescission of funds)


For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption and
Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 1211 of
the Children's Health Act of 2000, the Abandoned Infants Assistance Act
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, part
B(1) of title IV and sections 413, 429A, 1110, and 1115 of the Social
Security Act, and sections 40155, 40211, and 40241 of Public Law 103-
322; for making payments under the Community Services Block Grant Act,
sections 439(h), 473A, and 477(i) of the Social Security Act, and title
IV of Public Law 105-285, and for necessary administrative expenses to
carry out said Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the
Social Security Act, the Act of July 5, 1960 (24 U.S.C. chapter 9), the
Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance Act
of 1980, sections 40155, 40211, and 40241 of Public Law 103-322, and
section 126 and titles IV and V of Public Law 100-485, $8,922,213,000,
of which $18,000,000, to remain available until September 30, 2007,
shall be for grants to States for adoption incentive payments, as
authorized by section 473A of title IV of the Social Security Act (42
U.S.C. 670-679) and may be made for adoptions completed before September
30, 2006: Provided, That $6,843,114,000 shall be for making payments
under the Head Start Act, of which $1,388,800,000 shall become available
October 1, 2006, and remain available through September 30, 2007:
Provided further, That $701,590,000 shall be for making payments under
the Community Services Block Grant Act: Provided further, That not less
than $7,367,000 shall be for section 680(3)(B) of the Community Services
Block Grant Act: Provided further, That in addition to amounts provided
herein, $6,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out the provisions
of section 1110 of the Social Security Act: Provided further, That to
the extent Community Services Block Grant funds are distributed as grant
funds by a State to an eligible

[[Page 2855]]
119 STAT. 2855

entity as provided under the Act, and have not been expended by such
entity, they shall remain with such entity for carryover into the next
fiscal year for expenditure by such entity consistent with program
purposes: Provided further,  NOTE: Procedures. Grants. 42 USC 9921
note.  That the Secretary shall establish procedures regarding the
disposition of intangible property which permits grant funds, or
intangible assets acquired with funds authorized under section 680 of
the Community Services Block Grant Act, as amended, to become the sole
property of such grantees after a period of not more than 12 years after
the end of the grant for purposes and uses consistent with the original
grant: Provided further, That funds appropriated for section 680(a)(2)
of the Community Services Block Grant Act, as amended, shall be
available for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $65,000,000 is for a
compassion capital fund to provide grants to charitable organizations to
emulate model social service programs and to encourage research on the
best practices of social service organizations: Provided further, That
$15,879,000 shall be for activities authorized by the Help America Vote
Act of 2002, of which $11,000,000 shall be for payments to States to
promote access for voters with disabilities, and of which $4,879,000
shall be for payments to States for protection and advocacy systems for
voters with disabilities: Provided
further,  NOTE: Grants. Abstinence.  That $110,000,000 shall be for
making competitive grants to provide abstinence education (as defined by
section 510(b)(2) of the Social Security Act) to adolescents, and for
Federal costs of administering the grant: Provided further, That grants
under the immediately preceding proviso shall be made only to public and
private entities which agree that, with respect to an adolescent to whom
the entities provide abstinence education under such grant, the entities
will not provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required by law
to provide health information or services the adolescent shall not be
precluded from seeking health information or services from the entity in
a different setting than the setting in which abstinence education was
provided: Provided further, That within amounts provided herein for
abstinence education for adolescents, up to $10,000,000 may be available
for a national abstinence education campaign: Provided further, That in
addition to amounts provided herein for abstinence education for
adolescents, $4,500,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out evaluations
(including longitudinal evaluations) of adolescent pregnancy prevention
approaches: Provided further, That $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness.

Of the funds provided under this heading in Public Law 108-447 to
carry out section 473A of title IV of the Social Security Act (42 U.S.C.
670-679), $22,500,000 are rescinded.


Promoting Safe and Stable Families


For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $90,000,000.

[[Page 2856]]
119 STAT. 2856

Payments to States for Foster Care and Adoption Assistance


For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,852,800,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2007,
$1,730,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.

Administration on Aging


Aging Services Programs


For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,376,624,000, of which $5,500,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions.

Office of the Secretary


General Departmental Management


For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act, the
United States-Mexico Border Health Commission Act, and research studies
under section 1110 of the Social Security Act, $352,703,000, together
with $5,851,000 to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund, and $39,552,000
from the amounts available under section 241 of the Public Health
Service Act to carry out national health or human services research and
evaluation activities: Provided, That of the funds made available under
this heading for carrying out title XX of the Public Health Service Act,
$13,120,000 shall be for activities specified under section 2003(b)(2),
all of which shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX: Provided further, That of this amount, $52,415,000 shall be for
minority AIDS prevention and treatment activities; and $5,952,000 shall
be to assist Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the Afghanistan Freedom
Support Act of 2002: Provided further, That specific information
requests from the chairmen and ranking members of the Subcommittees on
Labor, Health and Human Services, and Education, and Related Agencies,
on scientific research or any other matter, shall be transmitted to the
Committees on Appropriations in a prompt professional manner and within
the time frame specified in the request: Provided further, That
scientific information requested by the Committees on Appropriations and
prepared by government researchers and

[[Page 2857]]
119 STAT. 2857

scientists shall be transmitted to the Committees on Appropriations,
uncensored and without delay.


Office of Medicare Hearings and Appeals


For expenses necessary for administrative law judges responsible for
hearing cases under title XVIII of the Social Security Act (and related
provisions of title XI of such Act), $60,000,000, to be transferred in
appropriate part from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds.


Office of the National Coordinator for Health Information Technology


For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts and
cooperative agreements for the development and advancement of an
interoperable national health information technology infrastructure,
$42,800,000: Provided, That in addition to amounts provided herein,
$18,900,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out health information
technology network development.


Office of Inspector General


For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,813,000: Provided, That of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.


Office for Civil Rights


For expenses necessary for the Office for Civil Rights, $31,682,000,
together with not to exceed $3,314,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.


Retirement Pay and Medical Benefits for Commissioned Officers


For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as may
be required during the current fiscal year.


Public Health and Social Services Emergency Fund


For expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, and to ensure a year-round influenza
vaccine production capacity, the development and implementation of
rapidly expandable influenza vaccine production

[[Page 2858]]
119 STAT. 2858

technologies, and if determined necessary by the Secretary, the purchase
of influenza vaccine, $63,589,000.

General Provisions

Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202.  NOTE: Children and youth. HIV/AIDS.  The Secretary
shall make available through assignment not more than 60 employees of
the Public Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International Children's
Emergency Fund or the World Health Organization.

Sec. 203. None of the funds appropriated in this Act may be used to
implement section 399F(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of Executive
Level I.
Sec. 205. None of the funds appropriated in this title for Head
Start shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
Sec. 206. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 207. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not more
than 2.4 percent, of any amounts appropriated for programs authorized
under said Act shall be made available for the evaluation (directly, or
by grants or contracts) of the implementation and effectiveness of such
programs.


(transfer of funds)


Sec. 208. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Health and Human Services in this Act may be
transferred between a program, project, or activity, but no such
program, project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That a program, project, or activity may
be increased by up to an additional 2 percent subject to approval by the
House and Senate Committees on Appropriations: Provided further, That
the transfer authority granted by this section shall be available only
to meet emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are provided in

[[Page 2859]]
119 STAT. 2859

this Act: Provided further,  NOTE: Notification. Deadline.  That the
Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.


(transfer of funds)


Sec. 209. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the human
immunodeficiency  NOTE: Notification.  virus: Provided, That the
Congress is promptly notified of the transfer.


(transfer of funds)


Sec. 210.  NOTE: HIV/AIDS.  Of the amounts made available in this
Act for the National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.

Sec. 211. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 212. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 213. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 214. (a)  NOTE: Certification. Deadline. Tobacco and tobacco
products.  Except as provided by subsection (e) none of the funds
appropriated by this Act may be used to withhold substance abuse funding
from a State pursuant to section 1926 of the Public Health Service Act
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health
and Human Services by May 1, 2006, that the State will commit additional
State funds, in accordance with subsection (b), to ensure compliance
with State

[[Page 2860]]
119 STAT. 2860

laws prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2006
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for fiscal year 2005, and adding to that level the additional
funds for tobacco compliance activities required under subsection
(a).  NOTE: Reports. Deadline.  The State is to submit a report to the
Secretary on all fiscal year 2005 State expenditures and all fiscal year
2006 obligations for tobacco prevention and compliance activities by
program activity by July 31, 2006.

(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2006.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious diseases, chronic and environmental diseases,
and other health activities abroad during fiscal year 2006, the
Secretary of Health and Human Services--
(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) and other applicable statutes administered by the
Department of State; and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary to
pay the costs of acquisition, lease, alteration, renovation, and
management of facilities outside of the United States for the
use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and serve
the purposes established by this Act.  NOTE: Grants.  The
Secretary of Health and Human Services is authorized, in
consultation with the Secretary of State, through grant or
cooperative agreement, to make available to public or nonprofit
private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other

[[Page 2861]]
119 STAT. 2861

infectious diseases, chronic and environmental diseases, and
other health activities abroad.

Sec. 216.  NOTE: 42 USC 209 note.  The Division of Federal
Occupational Health hereafter may utilize personal services contracting
to employ professional management/administrative and occupational health
professionals.

Sec. 217. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health may use funds
available under section 402(i) of the Public Health Service Act (42
U.S.C. 282(i)) to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research in support of
the NIH Roadmap for Medical Research.
(b) Peer Review.--In entering into transactions under subsection
(a), the Director of the National Institutes of Health may utilize such
peer review procedures (including consultation with appropriate
scientific experts) as the Director determines to be appropriate to
obtain assessments of scientific and technical merit.
Such  NOTE: Applicability.  procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health
Service Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A),
289a, and 289c).

Sec. 218. Funds which are available for Individual Learning Accounts
for employees of the Centers for Disease Control and Prevention and the
Agency for Toxic Substances and Disease Registry may be transferred to
``Disease Control, Research, and Training'', to be available only for
Individual Learning Accounts: Provided, That such funds may be used for
any individual full-time equivalent employee while such employee is
employed either by CDC or ATSDR.
Sec. 219.  NOTE: 42 USC 2940 note.  Notwithstanding any other
provisions of law, funds made available in this Act may be used to
continue operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.


(rescission of funds)


Sec. 220. The unobligated balance in the amount of $10,000,000
appropriated by Public Law 108-11 under the heading ``Public Health and
Social Services Emergency Fund'' are rescinded.
Sec. 221. (a)  NOTE: Federal buildings and facilities.  The
Headquarters and Emergency Operations Center Building (Building 21) at
the Centers for Disease Control and Prevention is hereby renamed as the
Arlen Specter Headquarters and Emergency Operations Center.

(b) The Global Communications Center Building (Building 19) at the
Centers for Disease Control and Prevention is hereby renamed as the
Thomas R. Harkin Global Communications Center.
Sec. 222. None of the funds made available under this Act may be
used to implement or enforce the interim final rule published in the
Federal Register by the Centers for Medicare & Medicaid Services on
August 26, 2005 (70 Fed. Reg. 50940) prior to April 1, 2006.
Sec. 223. (a) For fiscal year 2006 and subject to subsection (b),
the Secretary of Health and Human Services may waive the requirements of
regulations promulgated under the Head Start Act (42 U.S.C. 9831 et
seq.), for one or more vehicles used by a Head Start agency or an Early
Head Start entity (or the designee

[[Page 2862]]
119 STAT. 2862

of either) in transporting children enrolled in a Head Start program or
an Early Head Start program if--
(1) such requirements pertain to child restraint systems or
vehicle monitors;
(2) the agency or entity demonstrates that compliance with
such requirements will result in a significant disruption to the
Head Start program or the Early Head Start program; and
(3) waiving such requirements is in the best interest of the
children involved.

(b) The Secretary of Health and Human Services may not issue any
waiver under subsection (a) after September 30, 2006, or the date of the
enactment of a statute that authorizes appropriations for fiscal year
2006 to carry out the Head Start Act, whichever date is earlier.
Sec. 224.  NOTE: Effective date.  Section 1310.12(a) of title 45
of the Code of Federal Regulations (October 1, 2004) shall not be
effective until June 30, 2006, or 60 days after the date of the
enactment of a statute that authorizes appropriations for fiscal year
2006 to carry out the Head Start Act, whichever date is earlier.


(rescission)


Sec. 225. The unobligated balance of the Health Professions Student
Loan program authorized in Subpart II, Federally-Supported Student Loan
Funds, of title VII of the Public Health Service Act is rescinded.


(rescission)


Sec. 226. The unobligated balance of the Nursing Student Loan
program authorized by section 835 of the Public Health Service Act is
rescinded.
Sec. 227. In addition to any other amounts available for such
travel, and notwithstanding any other provision of law, amounts
available from this or any other appropriation for the purchase, hire,
maintenance, or operation of aircraft by the Centers for Disease Control
and Prevention shall be available for travel by the Secretary of Health
and Human Services, the Director of the Centers for Disease Control and
Prevention, and employees of the Department of Health and Human Services
accompanying the Secretary or the Director during such travel.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2006''.

TITLE III--DEPARTMENT  NOTE: Department of Education Appropriations
Act, 2006.  OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $14,627,435,000, of which $7,073,126,000 shall become available on
July 1, 2006, and shall remain available through September 30, 2007, and
of which $7,383,301,000 shall become available on October 1, 2006, and
shall remain available through September 30, 2007, for academic year
2006-2007: Provided, That $6,934,854,000 shall be for basic grants under
section 1124: Provided further, That up to $3,472,000 of these funds
shall

[[Page 2863]]
119 STAT. 2863

be available to the Secretary of Education on October 1, 2005, to obtain
annually updated educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,365,031,000 shall be for
concentration grants under section 1124A: Provided further, That
$2,269,843,000 shall be for targeted grants under section 1125: Provided
further, That $2,269,843,000 shall be for education finance incentive
grants under section 1125A: Provided further, That $9,424,000 shall be
to carry out part E of title I: Provided further, That $8,000,000 shall
be available for section 1608 of the ESEA, of which $1,465,000 shall be
available for a continuation award for the comprehensive school reform
clearinghouse previously funded under the heading ``Innovation and
Improvement'' in title III of division F of Public Law 108-447.

Impact Aid

For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,240,862,000, of which $1,102,896,000
shall be for basic support payments under section 8003(b), $49,966,000
shall be for payments for children with disabilities under section
8003(d), $18,000,000 shall be for construction under section 8007(a),
$65,000,000 shall be for Federal property payments under section 8002,
and $5,000,000, to remain available until expended, shall be for
facilities maintenance under section 8008: Provided, That for purposes
of computing the amount of a payment for an eligible local educational
agency under section 8003(a) of the Elementary and Secondary Education
Act (20 U.S.C. 7703(a)) for school year 2005-2006, children enrolled in
a school of such agency that would otherwise be eligible for payment
under section 8003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian having
sole custody of such children, or due to the death of a military parent
or legal guardian while on active duty (so long as such children reside
on Federal property as described in section 8003(a)(1)(B)), are no
longer eligible under such section, shall be considered as eligible
students under such section, provided such students remain in average
daily attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.

School Improvement Programs

For carrying out school improvement activities authorized by title
II, part B of title IV, part A and subparts 6 and 9 of part D of title
V, parts A and B of title VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney-
Vento Homeless Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association Amendments Act
of 2003; and the Civil Rights Act of 1964, $5,308,564,000, of which
$3,676,482,000 shall become available on July 1, 2006, and remain
available through September 30, 2007, and of which $1,435,000,000 shall
become available on October 1, 2006, and shall remain available through
September 30, 2007, for academic year 2006-2007: Provided, That funds
made available to carry out part B of title VII of the ESEA may be used
for construction, renovation and modernization of any elementary school,
secondary school, or structure related to

[[Page 2864]]
119 STAT. 2864

an elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That from the funds referred to
in the preceding proviso, not less than $1,250,000 shall be for a grant
to the Department of Education of the State of Hawaii for the activities
described in such proviso, and $1,250,000 shall be for a grant to the
University of Hawaii School of Law for a Center of Excellence in Native
Hawaiian law: Provided further, That funds made available to carry out
part C of title VII of the ESEA may be used for construction: Provided
further, That up to 100 percent of the funds available to a State
educational agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act: Provided
further, That $411,680,000 shall be for State assessments and related
activities authorized under sections 6111 and 6112 of the ESEA: Provided
further, That $56,825,000 shall be available to carry out section 203 of
the Educational Technical Assistance Act of 2002: Provided further, That
$31,693,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That no funds appropriated under this heading
may be used to carry out section 5494 under the ESEA: Provided further,
That $12,132,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of Micronesia, and
$6,051,000 shall be available to carry out the Supplemental Education
Grants program for the Republic of the Marshall Islands: Provided
further, That up to 5 percent of these amounts may be reserved by the
Federated States of Micronesia and the Republic of the Marshall Islands
to administer the Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United States
Departments of Labor, Health and Human Services, and Education for such
services.

Indian Education

For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $119,889,000.

Innovation and Improvement

For carrying out activities authorized by parts G and H of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V, and section 1504 of the Elementary and Secondary Education Act
of 1965 (``ESEA''), $945,947,000, of which $95,000,000 shall become
available on July 1, 2006, and remain available until September 30,
2007: Provided, That $16,864,000 shall be available to carry out section
2151(c) of the ESEA, of which not less than $9,920,000 shall be provided
to the National Board for Professional Teaching Standards, and not less
than $6,944,000 shall be provided to the American Board for the
Certification of Teacher Excellence: Provided further, That from funds
for subpart 4, part C of title II, up to 3 percent shall be available to
the Secretary for technical assistance and dissemination of information:
Provided further, That $36,981,000 shall be for subpart 2 of part B of
title V: Provided further, That $260,111,000 shall be available to carry
out part D of title V of the ESEA, of which $100,000,000 of the funds
for subpart 1 shall be for competitive

[[Page 2865]]
119 STAT. 2865

grants to local educational agencies, including charter schools that are
local educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one non-profit
organization to develop and implement performance-based teacher and
principal compensation systems in high-need schools: Provided further,
That such performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations conducted
multiple times during each school year among other factors and provide
educators with incentives to take on additional responsibilities and
leadership roles: Provided further, That five percent of such funds for
competitive grants shall become available on October 1, 2005, for
technical assistance, training, peer review of applications, program
outreach and evaluation activities and that 95 percent shall become
available on July 1, 2006, and remain available through September 30,
2007, for competitive grants.

Safe Schools and Citizenship Education

For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3, and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $736,886,000, of which $350,000,000 shall become available
on July 1, 2006, and remain available through September 30, 2007:
Provided, That of the amount available for subpart 2 of part A of title
IV of the ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined by section
120(f) of Public Law 105-244: Provided further, That $350,000,000 shall
be available for subpart 1 of part A of title IV and $224,580,000 shall
be available for subpart 2 of part A of title IV, of which not less than
$1,449,000, to remain available until expended, shall be for the Project
School Emergency Response to Violence program to provide education-
related services to local educational agencies in which the learning
environment has been disrupted due to a violent or traumatic crisis:
Provided further, That $132,901,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That of the funds available
to carry out subpart 3 of part C of title II, up to $12,194,000 may be
used to carry out section 2345 and $3,025,000 shall be used by the
Center for Civic Education to implement a comprehensive program to
improve public knowledge, understanding, and support of the Congress and
the State legislatures.

English Language Acquisition

For carrying out part A of title III of the ESEA, $675,765,000,
which shall become available on July 1, 2006, and shall remain available
through September 30, 2007, except that 6.5 percent of such amount shall
be available on October 1, 2005, and shall remain available through
September 30, 2007, to carry out activities under section 3111(c)(1)(C).

Special Education

For carrying out the Individuals with Disabilities Education Act,
$11,770,607,000, of which $6,141,604,000 shall become available on July
1, 2006, and shall remain available through September

[[Page 2866]]
119 STAT. 2866

30, 2007, and of which $5,424,200,000 shall become available on October
1, 2006, and shall remain available through September 30, 2007, for
academic year 2006-2007: Provided, That $12,000,000 shall be for
Recording for the Blind and Dyslexic, Inc., to support the development,
production, and circulation of recorded educational materials: Provided
further, That $1,500,000 shall be for the recipient of funds provided by
Public Law 105-78 under section 687(b)(2)(G) of the Act (as in effect
prior to the enactment of the Individuals with Disabilities Education
Improvement Act of 2004) to provide information on diagnosis,
intervention, and teaching strategies for children with disabilities:
Provided further, That the amount for section 611(b)(2) of the Act shall
be equal to the amount available for that activity during fiscal year
2005, increased by the amount of inflation as specified in section
619(d)(2)(B) of the Act.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the
AT Act''), and the Helen Keller National Center Act, $3,129,638,000, of
which $1,000,000 shall be awarded to the American Academy of Orthotists
and Prosthetists for activities that further the purposes of the grant
received by the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and prosthetic
provider services and improve patient care: Provided, That $30,760,000
shall be used for carrying out the AT Act, including $4,385,000 for
State grants for protection and advocacy under section 5 of the AT Act
and $3,760,000 shall be for alternative financing programs under section
4(b)(2)(D) of the AT Act: Provided further, That the Federal share of
grants for alternative financing programs shall not exceed 75 percent,
and the requirements in section 301(c)(2) and section 302 of the AT Act
(as in effect on the day before the date of enactment of the Assistive
Technology Act of 2004) shall not apply to such grants.

Special Institutions for Persons With Disabilities


american printing house for the blind


For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $17,750,000.


National Technical Institute for the Deaf


For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$56,708,000, of which $800,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.


Gallaudet University


For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf

[[Page 2867]]
119 STAT. 2867

Act of 1986 (20 U.S.C. 4301 et seq.), $108,079,000: Provided, That from
the total amount available, the University may at its discretion use
funds for the endowment program as authorized under section 207.

Vocational and Adult Education

For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act of 1998, the Adult
Education and Family Literacy Act, title VIII-D of the Higher Education
Amendments of 1998, and subpart 4 of part D of title V of the Elementary
and Secondary Education Act of 1965 (``ESEA''), $2,012,282,000, of which
$1,216,558,000 shall become available on July 1, 2006, and shall remain
available through September 30, 2007, and of which $791,000,000 shall
become available on October 1, 2006, and shall remain available through
September 30, 2007: Provided, That of the amount provided for Adult
Education State Grants, $68,582,000 shall be made available for
integrated English literacy and civics education services to immigrants
and other limited English proficient populations: Provided further, That
of the amount reserved for integrated English literacy and civics
education, notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share of a 10-
year average of the Immigration and Naturalization Service data for
immigrants admitted for legal permanent residence for the 10 most recent
years, and 35 percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which Immigration
and Naturalization Service data for immigrants admitted for legal
permanent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further, That of the
amounts made available for the Adult Education and Family Literacy Act,
$9,096,000 shall be for national leadership activities under section 243
and $6,638,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $94,476,000 shall be available to
support the activities authorized under subpart 4 of part D of title V
of the Elementary and Secondary Education Act of 1965, of which up to 5
percent shall become available October 1, 2005, and shall remain
available through September 30, 2007, for evaluation, technical
assistance, school networks, peer review of applications, and program
outreach activities, and of which not less than 95 percent shall become
available on July 1, 2006, and remain available through September 30,
2007, for grants to local educational agencies: Provided further, That
funds made available to local educational agencies under this subpart
shall be used only for activities related to establishing smaller
learning communities within large high schools or small high schools
that provide alternatives for students enrolled in large high schools:
Provided further, That $23,000,000 shall be for Youth Offender Grants.

Student Financial Assistance

For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$15,077,752,000, which shall remain available through September 30,
2007.

[[Page 2868]]
119 STAT. 2868

The  NOTE: 20 USC 1070a note.  maximum Pell Grant for which a
student shall be eligible during award year 2006-2007 shall be $4,050.

Student Aid Administration

For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of
the Higher Education Act of 1965, as amended, $120,000,000.

Higher Education

For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''),
as amended, section 1543 of the Higher Education Amendments of 1992, the
Mutual Educational and Cultural Exchange Act of 1961, title VIII of the
Higher Education Amendments of 1998, and section 117 of the Carl D.
Perkins Vocational and Technical Education Act, $1,970,760,000:
Provided, That $9,797,000, to remain available through September 30,
2007, shall be available to fund fellowships for academic year 2007-2008
under part A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That notwithstanding
any other provision of law or any regulation, the Secretary of Education
shall not require the use of a restricted indirect cost rate for grants
issued pursuant to section 117 of the Carl D. Perkins Vocational and
Technical Education Act of 1998: Provided further, That $980,000 is for
data collection and evaluation activities for programs under the HEA,
including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made available in this
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these countries
in the fields of government, the professions, or international
development: Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program evaluation,
national outreach, and information dissemination activities: Provided
further, That the funds provided for title II of the HEA shall be
allocated notwithstanding section 210 of such Act.

Howard University

For partial support of Howard University (20 U.S.C. 121 et seq.),
$239,790,000, of which not less than $3,562,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.

[[Page 2869]]
119 STAT. 2869

College Housing and Academic Facilities Loans Program

For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, as amended $573,000.

Historically Black College and University Capital Financing Program
Account

The aggregate principal amount of outstanding bonds insured pursuant
to section 344 of title III, part D of the Higher Education Act of 1965,
shall not exceed $357,000,000, and the cost, as defined in section 502
of the Congressional Budget Act of 1974, of such bonds shall not exceed
zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$210,000.

Institute of Education Sciences

For carrying out activities authorized by the Education Sciences
Reform Act of 2002, as amended, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $522,695,000, of which $271,560,000 shall be
available until September 30, 2007: Provided, That of the amount
provided to carry out title I, parts B and D of Public Law 107-279, not
less than $25,257,000 shall be for the national research and development
centers authorized under section 133(c).

Departmental Management


Program Administration


For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $415,303,000.


Office for Civil Rights


For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $91,526,000.


Office of the Inspector General


For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $49,000,000.

General Provisions

Sec. 301.  NOTE: School busing.  No funds appropriated in this Act
may be used for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation

[[Page 2870]]
119 STAT. 2870

of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303.  NOTE: Voluntary prayer. Meditation.  No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.


(transfer of funds)


Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any
such  NOTE: Notification. Deadline.  transfer: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.

Sec. 305. For an additional amount to carry out subpart 1 of part A
of title IV of the Higher Education Act of 1965 for the purpose of
eliminating the estimated accumulated shortfall of budget authority for
such subpart, $4,300,000,000, pursuant to section 303 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for fiscal
year 2006.
Sec. 306. Subpart 12 of part D of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7265 et seq.) is amended--
(1) in section 5522(b) (20 U.S.C. 7265a(b)), by adding at
the end the following:
``(4) To authorize and develop cultural and educational
programs relating to any Federally recognized Indian tribe in
Mississippi.'';
(2) in section 5523 (20 U.S.C. 7265b)--
(A) in subsection (a)--
(i) by redesignating paragraphs (6) through
(8) as paragraphs (7) through (9), respectively;
and
(ii) by inserting after paragraph (5) the
following:
``(6) The Mississippi Band of Choctaw Indians in Choctaw,
Mississippi.''; and
(B) in subsection (b), by adding at the end the
following:
``(7) Cultural and educational programs relating to any
Federally recognized Indian tribe in Mississippi.''; and
(3) in section 5525(1) (20 U.S.C. 7265d(1))--
(A) in subparagraph (a), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and

[[Page 2871]]
119 STAT. 2871

(C) by adding at the end the following:
``(C) the Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.''.

This title may be cited as the ``Department of Education
Appropriations Act, 2006''.

TITLE IV--RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled


Salaries and Expenses


For expenses necessary of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by Public Law 92-28,
$4,669,000.

Corporation for National and Community Service


Domestic Volunteer Service Programs, Operating Expenses


For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $316,212,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by section 122 of part C
of title I and part E of title II of the Domestic Volunteer Service Act
of 1973 shall be used to provide stipends or other monetary incentives
to volunteers or volunteer leaders whose incomes exceed 125 percent of
the national poverty level.


National and Community Service Programs, Operating Expenses


(INCLUDING TRANSFER OF FUNDS)


For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service Act
of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $520,087,000, to remain
available until September 30, 2007: Provided, That not more than
$267,500,000 of the amount provided under this heading shall be
available for grants under the National Service Trust Program authorized
under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.)
(relating to activities of the AmeriCorps program), including grants to
organizations operating projects under the AmeriCorps Education Awards
Program (without regard to the requirements of sections 121(d) and (e),
section 131(e), section 132, and sections 140(a), (d), and (e) of the
Act: Provided further, That not less than $140,000,000 of the amount
provided under this heading, to remain available without fiscal year
limitation, shall be transferred to the National Service Trust for
educational awards authorized under subtitle D of title I of the Act (42
U.S.C. 12601), of which up to $4,000,000 shall be available to support
national service scholarships for high school students performing
community service, and of which $7,000,000 shall be held in reserve as
defined in Public Law 108-45: Provided further, That in addition to
amounts otherwise provided to the National

[[Page 2872]]
119 STAT. 2872

Service Trust under the second proviso, the Corporation may transfer
funds from the amount provided under the first proviso, to the National
Service Trust authorized under subtitle D of title I of the Act (42
U.S.C. 12601) upon determination that such transfer is necessary to
support the activities of national service participants and after notice
is transmitted to Congress: Provided further, That of the amount
provided under this heading for grants under the National Service Trust
program authorized under subtitle C of title I of the Act, not more than
$55,000,000 may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of such Act
(42 U.S.C. 12581(d)(2)): Provided further, That not more than
$16,445,000 shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
seq.): Provided further, That notwithstanding subtitle H of title I of
the Act (42 U.S.C. 12853), none of the funds provided under the previous
proviso shall be used to support salaries and related expenses
(including travel) attributable to Corporation employees: Provided
further, That to the maximum extent feasible, funds appropriated under
subtitle C of title I of the Act shall be provided in a manner that is
consistent with the recommendations of peer review panels in order to
ensure that priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided further, That
$27,000,000 of the funds made available under this heading shall be
available for the Civilian Community Corps authorized under subtitle E
of title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That
$37,500,000 shall be available for school-based and community-based
service-learning programs authorized under subtitle B of title I of the
Act (42 U.S.C. 12521 et seq.): Provided further, That $4,000,000 shall
be available for audits and other evaluations authorized under section
179 of the Act (42 U.S.C. 12639): Provided further, That $10,000,000 of
the funds made available under this heading shall be made available for
the Points of Light Foundation for activities authorized under title III
of the Act (42 U.S.C. 12661 et seq.), of which not more than $2,500,000
may be used to support an endowment fund, the corpus of which shall
remain intact and the interest income from which shall be used to
support activities described in title III of the Act, provided that the
Foundation may invest the corpus and income in federally insured bank
savings accounts or comparable interest bearing accounts, certificates
of deposit, money market funds, mutual funds, obligations of the United
States, and other market instruments and securities but not in real
estate investments: Provided further, That no funds shall be available
for national service programs run by Federal agencies authorized under
section 121(b) of such Act (42 U.S.C. 12571(b)): Provided further, That
$5,000,000 of the funds made available under this heading shall be made
available to America's Promise--The Alliance for Youth, Inc.: Provided
further, That to the maximum extent practicable, the Corporation shall
increase significantly the level of matching funds and in-kind
contributions provided by the private sector, and shall reduce the total
Federal costs per participant in all programs: Provided further, That
notwithstanding section 501(a)(4) of the Act, of the funds provided
under this heading, not more than $12,642,000 shall be made available to
provide assistance to state commissions on national and community
service

[[Page 2873]]
119 STAT. 2873

under section 126(a) of the Act: Provided further, That the Corporation
may use up to 1 percent of program grant funds made available under this
heading to defray its costs of conducting grant application reviews,
including the use of outside peer reviewers.


SALARIES AND EXPENSES


For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) and under section 504(a) of the Domestic Volunteer
Service Act of 1973, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference rooms in the
District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official
reception and representation expenses, $66,750,000.


OFFICE OF INSPECTOR GENERAL


For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $6,000,000,
to remain available until September 30, 2007.


ADMINISTRATIVE PROVISIONS


Notwithstanding any other provision of law, the term ``qualified
student loan'' with respect to national service education awards shall
mean any loan determined by an institution of higher education to be
necessary to cover a student's cost of attendance at such institution
and made, insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
The Inspector General of the  NOTE: Audits.  Corporation for
National and Community Service shall conduct random audits of the
grantees that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector General audit
resolution procedures which include, but are not limited to, debarment
of any grantee (or successor in interest or any entity with
substantially the same person or persons in control) that has been
determined to have committed any substantial violations of the
requirements of the AmeriCorps programs, including any grantee that has
been determined to have violated the prohibition of using Federal funds
to lobby the Congress: Provided, That the Inspector General shall obtain
reimbursements in the amount of any misused funds from any grantee that
has been determined to have committed any substantial violations of the
requirements of the AmeriCorps programs.

For fiscal year 2006, the  NOTE: Public notice and
comments.  Corporation shall make any significant changes to program
requirements or policy only through public notice and comment
rulemaking. For fiscal year 2006, during any grant selection process, no
officer or employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection, directly
or indirectly, to any person other

[[Page 2874]]
119 STAT. 2874

than an officer or employee of the Corporation that is authorized by the
Corporation to receive such information.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2008, $400,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further,  NOTE: Discrimination.  That
none of the funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any person is
excluded, or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex: Provided
further, That for fiscal year 2006, in addition to the amounts provided
above, $30,000,000 shall be for costs related to digital program
production, development, and distribution, associated with the
transition of public broadcasting to digital broadcasting, to be awarded
as determined by the Corporation in consultation with public radio and
television licensees or permittees, or their designated representatives:
Provided further, That for fiscal year 2006, in addition to the amounts
provided above, $35,000,000 shall be for the costs associated with
replacement and upgrade of the public television interconnection system:
Provided further, That none of the funds made available to the
Corporation for Public Broadcasting by this Act, Public Law 108-199 or
Public Law 108-7, shall be used to support the Television Future Fund or
any similar purpose.

Federal Mediation and Conciliation Service


Salaries and Expenses


For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71),
$43,031,000, including $400,000, to remain available through September
30, 2007, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the Director
of the Service is authorized to accept and use on behalf of the United
States gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's jurisdiction.

[[Page 2875]]
119 STAT. 2875

Federal Mine Safety and Health Review Commission


Salaries and Expenses


For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $7,809,000.

Institute of Museum and Library Services


Office of Museum and Library Services: Grants and Administration


For carrying out the Museum and Library Services Act of 1996,
$249,640,000, to remain available until expended.

Medicare Payment Advisory Commission


salaries and expenses


For expenses necessary to carry out section 1805 of the Social
Security Act, $10,168,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.

National Commission on Libraries and Information Science


Salaries and Expenses


For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $993,000.

National Council on Disability


Salaries and Expenses


For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$3,144,000.

National Labor Relations Board


Salaries and Expenses


For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $252,268,000:
Provided,  NOTE: Agricultural laborers.  That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management
Relations Act, 1947, as amended, and as defined in section 3(f) of the
Act of June 25, 1938 (29 U.S.C. 203), and including in said definition
employees engaged in the maintenance and operation of ditches, canals,
reservoirs, and waterways when maintained or operated on a mutual,
nonprofit basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.

[[Page 2876]]
119 STAT. 2876

National Mediation Board


Salaries and Expenses


For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $11,628,000.

Occupational Safety and Health Review Commission


Salaries and Expenses


For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $10,510,000.

Railroad Retirement Board


Dual Benefits Payments Account


For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $97,000,000, which
shall include amounts becoming available in fiscal year 2006 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds $97,000,000: Provided, That the
total amount provided herein shall be credited in 12 approximately equal
amounts on the first day of each month in the fiscal year.


Federal Payments to the Railroad Retirement Accounts


For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2007, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.


Limitation on Administration


For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $102,543,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.


Limitation on the Office of Inspector General


For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $7,196,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or

[[Page 2877]]
119 STAT. 2877

award for any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office.

Social Security Administration


Payments to Social Security Trust Funds


For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,470,000.


Supplemental Security Income Program


For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$29,369,174,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2007, $11,110,000,000, to
remain available until expended.


limitation on administrative expenses


For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $9,079,400,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $2,000,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2006 not needed for fiscal year 2006
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.

[[Page 2878]]
119 STAT. 2878

In addition, $119,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2006 exceed $119,000,000, the amounts shall be available in
fiscal year 2007 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act (Public
Law 108-203), which shall remain available until expended.


Office of Inspector General


(including transfer of funds)


For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $26,000,000, together with not to exceed $66,400,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided,  NOTE: Notice.  That notice of
such transfers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.

TITLE V--GENERAL PROVISIONS

Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a)  NOTE: Lobbying.  No part of any appropriation
contained in this Act shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, radio, television, or video
presentation designed to support or defeat legislation pending before
the Congress or any State legislature, except in presentation to the
Congress or any State legislature itself.

(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles

[[Page 2879]]
119 STAT. 2879

I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation Service
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available
for ``Salaries and expenses, Federal Mediation and Conciliation
Service''; and the Chairman of the National Mediation Board is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from funds available for ``Salaries and
expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated in this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
Sec. 506. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.

Sec. 507. (a)  NOTE: Abortion.  None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.

(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.

(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State

[[Page 2880]]
119 STAT. 2880

or local government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a)  NOTE: Human embryos.  None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).

(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 510. (a)  NOTE: Drugs and drug abuse.  None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established by section 202 of the
Controlled Substances Act (21 U.S.C. 812).

(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 511.  NOTE: Health identifier.  None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act (42 U.S.C.
1320d-2(b)) providing for, or providing for the assignment of, a unique
health identifier for an individual (except in an individual's capacity
as an employer or a health care provider), until legislation is enacted
specifically approving the standard.

Sec. 512.  NOTE: Contracts.  None of the funds made available in
this Act may be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.

Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.

[[Page 2881]]
119 STAT. 2881

Sec. 514. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act (20
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act,
unless such library has made the certifications required by paragraph
(4) of such section.
Sec. 515. None of the funds made available by this Act to carry out
part D of title II of the Elementary and Secondary Education Act of 1965
may be made available to any elementary or secondary school covered by
paragraph (1) of section 2441(a) of such Act (20 U.S.C. 6777(a)), as
amended by the Children's Internet Protections Act and the No Child Left
Behind Act, unless the local educational agency with responsibility for
such covered school has made the certifications required by paragraph
(2) of such section.
Sec. 516. None of the funds appropriated in this Act may be used to
enter into an arrangement under section 7(b)(4) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental
financial institution to serve as disbursing agent for benefits payable
under the Railroad Retirement Act of 1974.
Sec. 517. (a)  NOTE: Notifications. Deadlines.  None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;

unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming or of an announcement
of intent relating to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2006, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;

[[Page 2882]]
119 STAT. 2882

unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming or of an announcement
of intent relating to such reprogramming, whichever occurs earlier.
Sec. 518. (a) Section 316 of the Immigration and Nationality Act (8
U.S.C. 1427), is amended by adding at the end the following:
``(g)(1) The continuous residency requirement under subsection (a)
may be reduced to 3 years for an applicant for naturalization if--
``(A) the applicant is the beneficiary of an approved
petition for classification under section 204(a)(1)(E);
``(B) the applicant has been approved for adjustment of
status under section 245(a); and
``(C) such reduction is necessary for the applicant to
represent the United States at an international event.

``(2)  NOTE: Deadline.  The Secretary of Homeland Security shall
adjudicate an application for naturalization under this section not
later than 30 days after the submission of such application if the
applicant--
``(A) requests such expedited adjudication in order to
represent the United States at an international event; and
``(B) demonstrates that such expedited adjudication is
related to such representation.

``(3) An applicant is ineligible for expedited adjudication under
paragraph (2) if the Secretary of Homeland Security determines that such
expedited adjudication poses a risk to national security. Such a
determination by the Secretary shall not be subject to review.
``(4)(A)  NOTE: Fees.  In addition to any other fee authorized by
law, the Secretary of Homeland Security shall charge and collect a
$1,000 premium processing fee from each applicant described in this
subsection to offset the additional costs incurred to expedite the
processing of applications under this subsection.

``(B) The fee collected under subparagraph (A) shall be deposited as
offsetting collections in the Immigration Examinations Fee Account.''.
(b)  NOTE: Repeal. 8 USC 1427 and note.  The amendment made by
subsection (a) is repealed on January 1, 2006.

Sec. 519. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal scientific
advisory committee disclose the political affiliation or voting history
of the candidate or the position that the candidate holds with respect
to political issues not directly related to and necessary for the work
of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate scientific information that is deliberately false or
misleading.
Sec. 520. The $3,170,927,000 made available under this Act under the
heading Program Management under the heading Centers for Medicare and
Medicaid Services shall be reduced by $60,000,000: Provided, That none
of the reduction shall be taken from research, demonstration, and
evaluation activities or from State survey and certification activities:
Provided further, That notwithstanding the amounts specified under such
heading for the Centers for Medicare and Medicaid Services System
Revitalization Plan and for contract costs for the Healthcare Integrated
General Ledger Accounting System, such amounts may be reduced by the
Secretary.

[[Page 2883]]
119 STAT. 2883

This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2006''.

Approved December 30, 2005.

LEGISLATIVE HISTORY--H.R. 3010:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-143 (Comm. on Appropriations) and 109-300 and
109-337 (both from Comm. of Conference).
SENATE REPORTS: No. 109-103 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 23, 24, considered and passed House.
Oct. 21, 24-27, considered and passed Senate, amended.
Nov. 17, House rejected conference report.
Dec. 14, House agreed to conference report.
Dec. 15, 21, Senate considered and agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Dec. 30, Presidential statement.