[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2810 Placed on Calendar Senate (PCS)]
Calendar No. 699
108th CONGRESS
2d Session
S. 2810
[Report No. 108-345]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2005, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2004
Mr. Specter, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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, 2005, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including rescission)
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
such Act; $2,914,662,000 plus reimbursements, of which $1,894,099,000
is available for obligation for the period July 1, 2005 through June
30, 2006; except that amounts determined by the Secretary of Labor to
be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act
shall be available from October 1, 2004 until expended; of which
$994,242,000 is available for obligation for the period April 1, 2005
through June 30, 2006, to carry out chapter 4 of the Act; and of which
$26,321,000 is available for the period July 1, 2005 through June 30,
2008 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, $283,371,000 shall be
for activities described in section 132(a)(2)(A) of such Act and
$1,196,048,000 shall be for activities described in section
132(a)(2)(B) of such Act: Provided further, That $250,000,000 shall be
available for the Community College Initiative, of which $125,000,000
shall be from funds reserved under section 132(a)(2)(A) of the
Workforce Investment Act: Provided further, That funds provided to
carry out section 132(a)(2)(A) of the Workforce Investment Act 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 $8,000,000 shall be for carrying out
section 172 of the Workforce Investment Act of 1998: Provided further,
That, notwithstanding any other provision of law or related regulation,
$76,874,000 shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $71,787,000 for formula grants,
$4,583,000 for migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $504,000 for other
discretionary purposes: 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 Act, 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, 2005 through June 30, 2006, and of which
$100,000,000 is available for the period October 1, 2005 through June
30, 2008, for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers.
Of the unobligated funds contained in the H-1B Nonimmigrant
Petitioner Account that are available to the Secretary of Labor
pursuant to section 286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)), $100,100,000 are rescinded.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as
amended, $440,200,000.
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), $1,057,300,000,
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, $141,797,000, together with
not to exceed $3,540,438,000 (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, 2005, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2007; of which $141,797,000, together with not to
exceed $763,724,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2005
through June 30, 2006, 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) 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 2005 is projected by the
Department of Labor to exceed 3,227,000, 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 under 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, 2006, $517,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2005, 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,
$117,576,000, together with not to exceed $60,039,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $132,345,000.
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, 2005 for such Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2005 shall be
available for obligations for administrative expenses in excess of
$266,330,000: 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, $403,812,000, together with
$2,058,000 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 $1,250,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain, and spend,
until expended, in the name of the Department of Labor, all sums of
money ordered to be paid to the Secretary of Labor, in accordance with
the terms of the Consent Judgment in Civil Action No. 91-0027 of the
United States District Court for the District of the Northern Mariana
Islands (May 21, 1992): Provided further, 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, $233,000,000, 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
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, 2004, 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, 2005: 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, $39,668,000
shall be made available to the Secretary as follows: (1) for
enhancement and maintenance of automated data processing systems and
telecommunications systems, $12,351,000; (2) for automated workload
processing operations, including document imaging, centralized mail
intake and medical bill processing, $14,221,000; (3) for periodic roll
management and medical review, $13,096,000; and (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''), $276,000,000,
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 2006, $81,000,000, 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, $40,821,000, 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 2005
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 account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
In fiscal year 2005 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 2005 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5):
$32,646,000 for transfer to the Employment Standards Administration,
``Salaries and Expenses''; $23,705,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $342,000 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, $468,645,000, including not to exceed $91,747,000 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; 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, 2005, 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, 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, 2005 to September 30, 2006, provided that a grantee has
demonstrated satisfactory performance.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $280,002,000, 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; 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; 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, $455,045,000,
together with not to exceed $78,473,000, 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).
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, $47,555,000.
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, $356,728,000, of which,
$15,000,000, to remain available until September 30, 2006, is for
Frances Perkins Building Security Enhancements, and $33,565,000 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 $322,000, which
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund: Provided, That no funds made available by
this Act may be used by the Solicitor of Labor to participate in a
review in any United States court of appeals of any decision made by
the Benefits Review Board under section 21 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 921) where such participation is
precluded by the decision of the United States Supreme Court in
Director, Office of Workers' Compensation Programs v. Newport News
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to
the contrary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available by this Act
may be used by the Secretary of Labor to review a decision under the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.)
that has been appealed and that has been pending before the Benefits
Review Board for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board for more than 1
year shall be considered affirmed by the Benefits Review Board on the
1-year anniversary of the filing of the appeal, and shall be considered
the final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these
provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).
veterans employment and training
Not to exceed $194,098,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2005, of which $2,000,000 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),
$32,683,000, of which $9,683,000 shall be available for obligation for
the period July 1, 2005 through June 30, 2006.
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, $64,029,000, together with not to exceed $5,561,000, 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, $15,000,000.
General Provisions
Sec. 101. None of the funds appropriated in this title for the Job
Corps 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.
(transfer or reprogramming of funds)
Sec. 102. 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 or
reprogrammed 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 or reprogramming: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer, reprogramming request or
announcement of such transfer or reprogramming request.
Sec. 103. 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. 104. 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. 105. Not later than 30 days after the date of enactment of
this Act, the Secretary of Labor shall issue a monthly transit subsidy
of not less than the amount each of its employees of the National
Capital Region is eligible to receive, not to exceed a maximum of $100,
as directed by Executive Order 13150.
Sec. 106. The Department of Labor shall submit its fiscal year 2006
congressional budget justifications to the Committees on Appropriations
of the House of Representatives and the Senate using the identical
structure provided under this Act.
Sec. 107. None of the funds provided in this Act may be used by the
Department of Labor to implement or administer any change to
regulations regarding overtime compensation (contained in part 541 of
title 29, Code of Federal Regulations) in effect on July 14, 2004,
except those changes in the Department of Labor's final regulation
published in the Federal Register on April 23, 2004 at section 541.600
of such title 29.
Sec. 108. Overtime regulations promulgated by the Department of
Labor and in effect as of July 14, 2004 are reinstated, except for
salary requirements superseded by section 541.600 of the final overtime
regulation published in the Federal Register on April 23, 2004.
This title may be cited as the ``Department of Labor Appropriations
Act, 2005''.
TITLE II--DEPARTMENT 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 of the Social Security Act,
and sections 1128E, 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, and the Poison Control Center Enhancement and Awareness Act, as
amended, $6,941,280,000, of which $371,536,000 shall be available for
construction and renovation (including equipment) of health care and
other facilities and other health-related activities, and of which
$39,499,000 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: Provided, That of the funds made available under this
heading, $249,000 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 $31,000,000 of the funding provided for
community health centers shall be used for base grant adjustments for
existing centers: Provided further, That no more than $4,821,000 is
available until expended for carrying out the provisions of U.S.C.
Title 42 Section 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: Provided
further, That $9,941,000 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,
$308,283,000 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 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 $783,872,000 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 $122,530,000 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of
such Act.
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,
$3,270,000.
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 $3,176,000 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, and section 501
of the Refugee Education Assistance Act of 1980; including purchase and
insurance of official motor vehicles in foreign countries; and
purchase, hire, maintenance, and operation of aircraft, $4,538,592,000,
of which $294,500,000 shall remain available until expended for
equipment, and construction and renovation of facilities, and of which
$118,842,000 for international HIV/AIDS shall remain available until
September 30, 2006. 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) $4,974,000 for Public
Health Informatics evaluations; (5) $463,000 for Health Marketing
evaluations; (6) $35,000,000 to carry out Public Health Research; and
(7) $82,097,000 to carry out Research Tools and Approaches 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 $30,000,000 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 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 without regard to existing
statute, funds appropriated may be used to proceed, at the discretion
of the Centers for Disease Control and Prevention, with property
acquisition, including a long-term ground lease for construction on
non-Federal land, to support the construction of a replacement
laboratory in the Fort Collins, Colorado area: 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 the Director of the Centers for Disease Control and
Prevention may direct up to 1 percent of the amount made available for
any program, project or activity in this Act to the Centers for Disease
Control and Prevention to programs, projects, and activities the
Director may so designate: Provided further, That no such program,
project, or activity shall be decreased by more than 1 percent by any
such transfers: Provided further, That no such program, project, or
activity shall be increased by more than 3 percent and that Congress is
promptly notified of the transfer.
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, $4,894,900,000, 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.
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, $2,985,900,000.
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, $399,200,000.
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,
$1,739,100,000.
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,
$1,569,100,000.
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,
$4,456,300,000: Provided, That $149,115,000 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 $150,000,000 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, $1,975,500,000.
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,
$1,288,900,000.
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,
$680,300,000.
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,
$655,100,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,094,500,000.
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, $520,900,000.
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,
$399,000,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $140,200,000.
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, $444,900,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,026,200,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,436,800,000.
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, $496,400,000.
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, $300,800,000.
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, $1,213,400,000: 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: Provided further, That $119,220,000 shall be for extramural
facilities construction grants.
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,
$121,900,000.
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, $197,900,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $67,600,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$316,900,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2005,
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, $364,100,000, of which up to
$10,000,000 shall be used to carry out section 218 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
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 1 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.
buildings and facilities
(including transfer of funds)
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, $114,500,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, single contracts or related contracts, which
collectively include the full scope of the project, may be employed for
the development and construction of the first and second phases of the
John Edward Porter Neuroscience Research Center: Provided further, That
the solicitations and contracts shall contain the clause ``availability
of funds'' found at 48 CFR 52.232-18.
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
with respect to substance abuse and mental health services, the
Protection and Advocacy for Individuals with Mental Illness Act, and
section 301 of the Public Health Service Act with respect to program
management, $3,361,426,000: 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)
$79,200,000 to carry out subpart II of title XIX of the Public Health
Service 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 title
XIX; (2) $21,803,000 to carry out subpart I of Part B of title XIX of
the Public Health Service Act to fund section 1920(b) technical
assistance, data collection and program 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; (4) $2,000,000 for mental health data
collection; and (5) $4,300,000 to evaluate substance abuse treatment
programs.
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.
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, $119,124,488,000, to remain available until
expended.
For making, after May 31, 2005, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2005 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 2006, $58,517,290,000, 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,
$114,608,900,000. To ensure prompt payments of Medicare prescription
drug benefits as provided under section 1860 D-16 of the Social
Security Act, $5,216,900,000, to become available on October 1, 2005
for fiscal year 2006.
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 $2,756,644,000, 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 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 $24,400,000, to remain available until September 30,
2006, is for contract costs for CMS's Systems Revitalization Plan:
Provided further, That $78,300,000, to remain available until September
30, 2006, is for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That not more than
$13,000,000 shall be available for the Healthy Start, Grow Smart
program: Provided further, That not less than $129,000,000 shall be for
proceessing Medicare appeals, of which up to $50,000,000 shall be
transferred to the Social Security Administration for processing
Medicare appeals: Provided further, That the Secretary of Health and
Human Services is directed to collect fees in fiscal year 2005 from
Medicare+Choice 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 processing unit costs are projected by the Centers for
Medicare and Medicaid Services to exceed $0.87 for Part A claims and/or
$0.63 for Part B claims, up to an additional $18,000,000 may be
available for obligation for every $0.04 increase in Medicare claims
processing unit costs from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds. The calculation of
projected unit costs shall be derived in the same manner in which the
estimated unit costs were calculated for the Federal budget estimate
for the fiscal year.
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 2005, 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. ch. 9), $2,873,802,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2006, $1,200,000,000, to remain available until
expended.
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. ch. 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, $1,901,090,000, of which $500,000 may be
available for evaluation purposes.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $99,410,000, to remain available until
expended: Provided, That these funds are for the unanticipated home
energy assistance needs of one or more States, as authorized by section
2604(e) of the Act, and notwithstanding the designation requirement of
section 2602(e).
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 section 5 of the Torture Victims Relief Act of 2003 (Public Law
108-179), $477,239,000, of which up to $10,000,000 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 2005 shall be
available for the costs of assistance provided and other activities, to
remain available through September 30, 2007.
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), $2,099,729,000 shall be used to supplement, not supplant
state general revenue funds for child care assistance for low-income
families: Provided, That $19,120,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 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, $272,672,000 shall be
reserved by the States for activities authorized under section 658G, of
which $100,000,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $10,000,000 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
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, the Early Learning Opportunities Act, 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, 474, 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. ch. 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, section 5 of the Torture Victims Relief Act of 1998
(Public Law 105-320), sections 40155, 40211, and 40241 of Public Law
103-322, and section 126 and titles IV and V of Public Law 100-485,
$9,094,146,000, of which $32,103,000, to remain available until
September 30, 2006, 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, 2005: Provided further, That
$6,935,452,000 shall be for making payments under the Head Start Act,
of which $1,400,000,000 shall become available October 1, 2005 and
remain available through September 30, 2006: Provided further, That
$727,650,000 shall be for making payments under the Community Services
Block Grant Act: Provided further, That not less than $7,500,000 shall
be for section 680(3)(B) of the Community Services Block Grant Act, as
amended: Provided further, That not less than $2,000,000 shall be for
neighborhood innovation projects under section 608(a)(4) of the
Community Services Block Grant Act, as amended: 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
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, 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 $47,702,000 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 $14,912,000 shall be for
activities authorized by the Help America Vote Act of 2002, of which
$10,000,000 shall be for payments to States to promote access for
voters with disabilities, and of which $4,912,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $100,000,000 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 the abstinence education was provided: Provided further, That in
addition to amounts provided herein for abstinence education to
adolescents, $4,500,000 shall be available from amounts available under
section 241 of the Public Health Services 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.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $99,383,000.
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, $5,037,900,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2006,
$1,767,200,000.
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, $1,395,117,000, of which $4,558,000 shall remain available
until September 30, 2007, for the White House Conference on Aging.
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, and
the United States-Mexico Border Health Commission Act, $376,704,000,
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:
Provided, That of the funds made available under this heading for
carrying out title XX of the Public Health Service Act, $16,891,000
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, $52,838,000 shall be for
minority AIDS prevention and treatment activities; $14,847,000 shall be
for an Information Technology Security and Innovation Fund for
Department-wide activities involving cybersecurity, information
technology security, and related innovation projects; $2,500,000 shall
be for a national abstinence education campaign; and $6,000,000 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 no more than
$2,754,000 shall be available for the Office of the Assistant Secretary
for Legislation.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $40,323,000: 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,
$32,043,000, 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.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title III of
the Public Health Service Act, $28,750,000, which shall be available
from 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 the expenditure of any funds
available under section 241 of the Public Health Service Act are
subject to the requirements of section 205 of this Act.
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. ch. 55 and 56), and for
payments pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during the current
fiscal year. The following are definitions for the medical benefits of
the Public Health Service Commissioned Officers that apply to 10 U.S.C.
chapter 56, section 1116(c). The source of funds for the monthly
accrual payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund shall be the Retirement Pay and Medical
Benefits for Commissioned Officers account. For purposes of this Act,
the term ``pay of members'' shall be construed to be synonymous with
retirement payments to United States Public Health Service officers who
are retired for age, disability, or length of service; payments to
survivors of deceased officers; medical care to active duty and retired
members and dependents and beneficiaries; and for payments to the
Social Security Administration for military service credits; all of
which payments are provided for by the Retirement Pay and Medical
Benefits for Commissioned Officers account.
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, $2,255,058,000: Provided, That this
amount is distributed as follows: Centers for Disease Control and
Prevention, $1,239,571,000; Office of the Secretary, $64,438,000;
Strategic National Stockpile, $400,000,000, to remain available until
expended; National Institutes of Health, $47,400,000; and Health
Resources and Services Administration, $503,649,000: 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 for purposes
related to homeland security, 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.
In addition, for activities to ensure a year-round influenza
vaccine production capacity; the development and implementation of
rapidly expandable influenza vaccine production technologies; and if
determined necessary by the Secretary, the purchase of influenza
vaccine, $75,000,000, to remain available until expended.
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. 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 under 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 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. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not
more than 2.5 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 or reprogramming of funds)
Sec. 207. 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 or reprogrammed 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 or reprogramming: Provided, That a
program, project or activity may be increased by up to an additional 2
percent subject to written approval by the House and Senate Committees
on Appropriations: Provided further, That the Appropriations Committees
of both Houses of Congress are notified at least 15 days in advance of
any transfer, reprogramming request or announcement of such transfer or
reprogramming request.
Sec. 208. 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, centers, and divisions from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
Sec. 209. 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. 210. 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. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice 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+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. 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. 213. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, 2000, 2001, 2002, 2003, and 2004'' and inserting
``1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, and
2005''; and
(B) in subsection (e), by striking ``October 1,
2004'' each place it appears and inserting ``October 1,
2005'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who, as
members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality,
membership in a particular social group, or political
opinion.''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2004'' and inserting
``September 30, 2005''.
Sec. 214. (a) 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, 2005 that the State
will commit additional State funds, in accordance with subsection (b),
to ensure compliance with State 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 2005
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 2004, and adding to that level the
additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
fiscal year 2004 State expenditures and all fiscal year 2005
obligations for tobacco prevention and compliance activities by program
activity by July 31, 2005.
(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, 2005.
(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 disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2005, 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. 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 infectious diseases, chronic and environmental
diseases, and other health activities abroad.
Sec. 216. The Division of Federal Occupational Health may utilize
personal services contracting to employ professional management/
administrative and occupational health professionals.
Sec. 217. Notwithstanding any other provisions of law, funds made
available under this heading may be used to continue operating the
Council on Graduate Medical Education established by section 301 of
Public Law 102-408.
Sec. 218. (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 Initiative of the Director.
(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 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. 219. Notwithstanding limitations in section 399G(i)(2)(B) and
section 499(m) of the Public Health Service Act, $10,000 of the amount
provided herein may be made available to each authority under section
399G and section 499 of said act for official reception and
representation expenses when specifically approved by the agents
designated under section 399G(h)(8) and section 499(d)(1)(B)(iii) of
said act.
Sec. 220. The unobligated balance of $199,900,000 appropriated by
section 1897(g) of the Social Security Act, as added by section 1016 of
the Medicare Prescription Drug, Improvement, and Modernization Act of
2003 (Public Law 108-173), is rescinded.
Sec. 221. None of the funds provided in this Act may be expended by
the Secretary of Health and Human Services or by a medicare fiscal
intermediary or administrative contractor to apply the criteria
(commonly known as the ``75 percent rule'') that are used to determine
whether a hospital or unit of a hospital is an inpatient rehabilitation
facility, as defined in Department of Health and Human Services,
Centers for Medicare and Medicaid Services, ``Medicare Program; Final
Rule; Changes to the Criteria for Being Classified as an Inpatient
Rehabilitation Facility'', 69 Federal Register 25751 et seq. (May 7,
2004).
Sec. 222. Summer Health Career Introductory Programs. (a)
Findings.--Congress finds that--
(1) the success of the health care system is dependent on
qualified personnel;
(2) hospitals and health facilities across the United
States have been deeply impacted by declines among nurses,
pharmacists, radiology and laboratory technicians, and other
workers;
(3) the health care workforce shortage is not a short term
problem and such workforce shortages can be expected for many
years; and
(4) most States are looking for ways to address such
shortages.
(b) Grants.--The Secretary of Health and Human Services, acting
through the Bureau of Health Professions of the Health Resources and
Services Administration, may award not to exceed 5 grants for the
establishment of summer health career introductory programs for middle
and high school students.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b) an entity shall--
(1) be an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)); and
(2) prepare and submit to the Secretary of Health and Human
Services an application at such time, in such manner, and
containing such information as the Secretary may require.
(d) Duration.--The term of a grant under subsection (b) shall not
exceed 4 years.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for fiscal year 2005.
Sec. 223. In addition to funds appropriated to the Office of
Inspector General of the Department of Health and Human Services under
Public Law 104-191 and this Act, $35,000,000 shall be transferred from
amounts appropriated under section 1015(a)(1) of Public Law 108-173 for
activities by the Office of Inspector General of the Department of
Health and Human Services relating to oversight of programs established
or revised by Public Law 108-173.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2005''.
TITLE III--DEPARTMENT 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, $15,500,684,000, of which $7,840,439,000 shall become available
on July 1, 2005, and shall remain available through September 30, 2006,
and of which $7,383,301,000 shall become available on October 1, 2005,
and shall remain available through September 30, 2006, for academic
year 2005-2006: Provided, That $7,104,447,000 shall be available for
basic grants under section 1124: Provided further, That up to
$3,500,000 of these funds shall be available to the Secretary of
Education on October 1, 2004, 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 available for
concentration grants under section 1124A: Provided further, That
$2,231,954,000 shall be available for targeted grants under section
1125: Provided further, That $2,756,175,000 shall be available for
education finance incentive grants under section 1125A: Provided
further, That $9,500,000 shall be available to carry out part E of
title I: Provided further, That from the funds available to carry out
part E of title I, up to $1,000,000 shall be available to the Secretary
of Education to provide technical assistance to state and local
educational agencies concerning part A of title I: Provided further,
That $233,613,000 shall be available for comprehensive school reform
grants under part F of the ESEA.
From the amount made available for basic grants under the previous
paragraph, $71,557,000, which shall become available on October 1,
2004, shall be for additional amounts to carry out subpart 2 of part A
of title I of the Elementary and Secondary Education Act of 1965 in
academic year 2004-2005: Provided, That these funds shall be allocated,
notwithstanding any other provision of law, only to those States that
received funds under that subpart for fiscal year 2004 that were less
than those States received under that subpart for fiscal year 2003:
Provided further, That the Secretary of Education shall use these
additional funds to increase those States' fiscal year 2004 allocations
under that subpart up to the amount they received under that subpart
for fiscal year 2003: Provided further, That each such State shall use
the funds appropriated under this paragraph to ratably increase the
amount of funds for each local educational agency in the State that
received less under that subpart in fiscal year 2004 than it received
under that subpart in fiscal year 2003: Provided further, That the
Secretary shall not take into account the funds made available under
this paragraph in determining State allocations under any other program
administered by the Secretary in any fiscal year.
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, $1,229,527,000, of which
$1,063,687,000 shall be for basic support payments under section
8003(b), $50,369,000 shall be for payments for children with
disabilities under section 8003(d), $45,936,000 shall be for
construction under section 8007 and shall remain available through
September 30, 2006, $61,634,000 shall be for Federal property payments
under section 8002, and $7,901,000, to remain available until expended,
shall be for facilities maintenance under section 8008.
School Improvement Programs
For carrying out school improvement activities authorized by titles
II, part B of title IV, part A and subparts 6 and 9 of part D of title
V, part 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; sections 203 and 208 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,770,632,000, of which $4,095,967,000 shall become available on July
1, 2005, and remain available through September 30, 2006, and of which
$1,435,000,000 shall become available on October 1, 2005, and shall
remain available through September 30, 2006, for academic year 2005-
2006: 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 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
$1,000,000 shall be for a grant to the Department of Education of the
State of Hawaii for the activities described in such proviso: 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
$420,000,000 shall be for State assessments and related activities
authorized under sections 6111 and 6112 of the ESEA: Provided further,
That $57,283,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002: Provided further, That
$31,111,000 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 $17,214,000 shall be available to carry out section
105(f)(1)(B)(iii) of the Compact of Free Association Amendments Act of
2003 (Public Law 108-188; hereafter the ``Compact Act''): Provided
further, That these funds shall be transferred to the Secretary of the
Interior in the amount of $11,717,000 for the Federated States of
Micronesia (FSM) and $5,497,000 for the Republic of the Marshall
Islands (RMI) to supplement the education grants under section
211(a)(1) of the U.S.-FSM Compact and section 211(a)(1) of the U.S.-RMI
Compact, respectively: Provided further, That up to 10 percent of these
amounts may be reserved by the Department of the Interior to provide
technical assistance, oversight, and consultancy services in the
administration of these supplemental education grants and to reimburse
the Departments of Labor, Health and Human Services, and Education for
such services: Provided further, That the government, institutions, and
individuals of the Republic of Palau shall continue to be eligible for
the programs specified in sections 105(f)(1)(B)(ii) and (iii) of the
Compact Act, to the extent, and subject to the conditions under which,
they were eligible in fiscal year 2003.
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, $120,856,000.
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, and parts B, C, and
D of title V, and section 1504 of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $1,144,346,000: Provided, That
$74,073,000 for continuing and new grants to demonstrate effective
approaches to comprehensive school reform shall become available on
July 1, 2005, and remain available through September 30, 2006, and
shall be allocated and expended in the same manner as the funds
provided under the Fund for the Improvement of Education for this
purpose were allocated and expended in fiscal year 2003: Provided
further, That $17,000,000 shall be available to carry out section
2151(c) of the ESEA, of which not less than $10,000,000 shall be
provided to the National Board for Professional Teaching Standards, and
not less than $7,000,000 shall be provided to the American Board for
the Certification of Teacher Excellence: Provided further, That
$37,279,000 shall be for subpart 2 of part B of title V: Provided
further, That $446,746,000 shall be available to carry out part D of
title V of the ESEA.
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, 10 and 14 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998,
and Public Law 102-73, $902,008,000, of which $468,908,000, shall
become available on July 1, 2005 and remain available through September
30, 2006: 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
$440,908,000 shall be available for subpart 1 of part A of title IV and
$256,219,000 shall be available for subpart 2 of part A of title IV:
Provided further, That $146,239,000 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
$12,672,000 may be used to carry out section 2345 and $3,170,000 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: Provided further, That $28,000,000
shall be for Youth Offender Grants, of which $5,000,000 shall be used
in accordance with section 601 of Public Law 102-73 as that section was
in effect prior to enactment of Public Law 105-220: Provided further,
That of the funds available to carry out subpart 10 of part D of title
V, up to $2,000,000 may be used to support the Special Olympics
National Summer Games.
English Language Acquisition
For carrying out part A of title III of the ESEA, $700,000,000, of
which $614,500,000 shall become available on July 1, 2005, and shall
remain available through September 30, 2006: Provided, That funds
reserved under section 3111(c)(1)(D) of the ESEA that are not used in
accordance with section 3111(c)(2) may be added to the funds that are
available July 1, 2005 through September 30, 2006 for State allotments
under section 3111(c)(3).
Special Education
For carrying out parts B, C, and D of the Individuals with
Disabilities Education Act, $12,406,516,000, of which $6,701,405,000
shall become available for obligation on July 1, 2005, and shall remain
available through September 30, 2006, and of which $5,413,000,000 shall
become available on October 1, 2005, and shall remain available through
September 30, 2006, for academic year 2005-2006: Provided, That
$11,400,000 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 to provide information on diagnosis,
intervention, and teaching strategies for children with disabilities:
Provided further, That the amount for section 611(c) of the Act shall
be equal to the amount available for that section during fiscal year
2004, increased by the amount of inflation as specified in section
611(f)(1)(B)(ii) 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, $3,077,328,000, 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 the funds
provided for title I of the AT Act shall be allocated notwithstanding
section 105(b)(1) of the AT Act: Provided further, That section 101(f)
of the AT Act shall not limit the award of an extension grant to three
years or prohibit such awards after September 30, 2004: Provided
further, That no State or outlying area awarded funds under section 101
shall receive less than the amount received in fiscal year 2004:
Provided further, That not less than $5,495,000 shall be for grants to
States under title III of the AT Act: Provided further, That the
Federal share of such grants shall not exceed 75 percent, and the
requirements in sections 301(c)(2) and 302 of the AT Act 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.), $17,000,000.
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.), $55,790,000, of which $1,685,000 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 Act of
1986 (20 U.S.C. 4301 et seq.), $105,400,000: 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, and subparts 4 and 11 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $2,102,086,000, of which $1,300,086,000 shall become
available on July 1, 2005 and shall remain available through September
30, 2006 and of which $791,000,000 shall become available on October 1,
2005 and shall remain available through September 30, 2006: Provided,
That of the amount provided for Adult Education State Grants,
$69,135,000 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, $9,169,000
shall be for national leadership activities under section 243 and
$6,692,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $184,967,000 shall be available to
carry out part D of title V of the ESEA: Provided further, That
$173,967,000 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, 2004 and shall remain available through September 30, 2006,
for evaluation, technical assistance, school networking, peer review of
applications, and program outreach activities, and of which not less
than 95 percent shall become available on July 1, 2005, and remain
available through September 30, 2006, for grants to local educational
agencies: Provided further, That funds made available to local
education agencies under this subpart shall be used only for activities
related to establishing smaller learning communities in high schools.
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,
$14,859,694,000, which shall remain available through September 30,
2006.
The maximum Pell Grant for which a student shall be eligible during
award year 2005-2006 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, $121,000,000.
Higher Education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965 (``HEA''), as amended, title VIII of the Higher Education
Amendments of 1998, section 117 of the Carl D. Perkins Vocational and
Technical Education Act, and the Mutual Educational and Cultural
Exchange Act of 1961, $2,148,458,000, of which $1,500,000 for interest
subsidies authorized by section 121 of the HEA shall remain available
until expended: Provided, That $9,876,000, to remain available through
September 30, 2006, shall be available to fund fellowships for academic
year 2006-2007 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 $988,000 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 up to
one percent of the funds referred to in the preceding proviso may be
used for program evaluation, national outreach, and information
dissemination activities.
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$239,763,000, of which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
College Housing and Academic Facilities Loans Program Account
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $578,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
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,
$212,000.
Institute of Education Sciences
For carrying out activities authorized by Public Law 107-279,
$418,679,000: Provided, That, of the amount appropriated, $165,518,000
shall be available for obligation through September 30, 2006.
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, $420,379,000.
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, $92,801,000.
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, $50,576,000.
General Provisions
Sec. 301. 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 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. No funds appropriated under 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 transfer: Provided, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of any
transfer.
Sec. 305. The Secretary of Education shall not implement or enforce
for the award year 2005-2006 the annual update to the allowances for
State and other taxes in the tables used in the Federal needs analysis
methodology, as prescribed by the Secretary on May 30, 2003 (68 Fed.
Reg. 32473).
This title may be cited as the ``Department of Education
Appropriations Act, 2005''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington and
the Armed Forces Retirement Home--Gulfport, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund, $61,195,000,
of which $4,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed Forces
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.
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, $357,814,000: 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.
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
2007, $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, 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 2005, in addition to the amounts provided above,
$49,705,000 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 2005, in addition to the amounts provided
above, $50,000,000 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. ch. 71),
$44,464,000, including $1,500,000, to remain available through
September 30, 2006, 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.
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.), $7,813,000.
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,
$262,240,000, 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, $9,905,000, 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), $994,000.
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,
$3,371,000.
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,
$250,000,000: Provided, 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.
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, $11,635,000.
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), $10,516,000.
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, $108,000,000,
which shall include amounts becoming available in fiscal year 2005
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 $108,000,000:
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, 2006, 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, $102,600,000, 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 $7,200,000, 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 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: Provided further, That funds made available
under the heading in this Act, or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts, may be used for any audit, investigation, or
review of the Medicare Program.
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, $20,454,000.
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,
$25,327,949,000, 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 2006, $14,130,000,000, to
remain available until expended: Provided, That, notwithstanding the
provisions of section 708(a) of the Social Security Act (42 U.S.C.
908(a)), the day designated for delivery of benefit payments under
title XVI of such Act for October 2005 shall be the third day of such
month.
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 $8,498,818,000 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 2005 not needed for fiscal
year 2005 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.
In addition, $124,000,000 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 2005 exceed $124,000,000, the amounts shall be available in
fiscal year 2006 only to the extent provided in advance in
appropriations Acts.
From funds previously appropriated for Federal-State Partnerships,
any unobligated balances at the end of fiscal year 2004 shall be
transferred to the Supplemental Security Income Program and remain
available until expended to promote Medicare buy-in programs targeted
to elderly and disabled individuals under titles XVIII and XIX of the
Social Security Act.
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 $66,000,000, 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, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $22,099,000.
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) 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 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 under 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. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 507. 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. 508. (a) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under 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. 509. (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).
Sec. 510. (a) 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 46.208(a)(2) 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. 511. (a) 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. 512. 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 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. 514. 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.
Sec. 515. No funds appropriated by this Act may be expended by the
Railroad Retirement Board for purposes of entering into an arrangement
with a nongovernmental financial institution to serve as disbursing
agent, notwithstanding the requirements of section 231f(b)(4)(A) of
title 45, United States Code.
Sec. 516. The course of dealings between the United States and the
Native Hawaiian people, and the enactment of Public Law 67-34 (the
Hawaiian Homes Commission Act), Public Law 83-3 (the Hawaii Admissions
Act), Public Law 89-10 (the Native Hawaiian Education Act), Public Law
100-579 (the Native Hawaiian Health Care Improvement Act), Public Law
103-150 (the Native Hawaiian Apology Resolution), Public Law 104-42
(the Hawaiian Homelands Recovery Act), and Public Law 106-569 (the
Native American Housing Assistance and Self-Determination Act) have
established a special relationship between the United States and the
Native Hawaiian people, and accordingly, pursuant to the terms and
conditions of S. 344, Senate Calendar No. 185, amendment 3576, upon the
election of the officers of the Native Hawaiian governing entity and
the certifications by the Secretary of the Interior, the United States
shall extend Federal recognition to the Native Hawaiian governing
entity as the representative governing body of the Native Hawaiian
people.
Sec. 517. Notwithstanding any other provision of law or regulation,
the United States Government's interest in the property at 1818 W.
Northern Lights Boulevard in Anchorage, Alaska, with legal description:
T13N R4W Section 25, NE \1/4\ NW \1/4\ Portion W135 E953 N350,
Anchorage Recording District shall be conveyed to Southcentral
Foundation for a replacement Head Start facility.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2005''.
Calendar No. 699
108th CONGRESS
2d Session
S. 2810
[Report No. 108-345]
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A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2005, and for other purposes.
_______________________________________________________________________
September 15, 2004
Read twice and placed on the calendar