December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28005 shut-out victories on the way to their average home game attendance to 24,000 That the following sums are appropriated, out second MLS cup, and they outscored people this season. of any money in the Treasury not otherwise ap- their opponents in the playoffs by a The Los Angeles Galaxy deserves as many propriated, for the Departments of Labor, accolades for their heroic work off the field as Health and Human Services, and Education, margin of seven goals to just one. This and Related Agencies for the fiscal year ending was truly a dominating performance by they do for their gallant efforts on the field. September 30, 2006, and for other purposes, the Galaxy. They represented the City During the past several years, the Galaxy namely: of Los Angeles and their fans with Foundation has hosted the Foundation’s TITLE I—DEPARTMENT OF LABOR honor, and so I encourage this body to Feast, which provides Thanksgiving dinner for EMPLOYMENT AND TRAINING ADMINISTRATION recognize their accomplishments by 200 needy children and families. The Founda- TRAINING AND EMPLOYMENT SERVICES supporting this resolution. tion also hosts a special holiday shopping (INCLUDING RESCISSIONS) Mr. Speaker, I do not believe that I spree for children selected by several local For necessary expenses of the Workforce In- am going to have any other requests Salvation Army chapters. vestment Act of 1998, the Denali Commission Act for time, and I yield back the balance Mr. Speaker, I would like to thank Chairman of 1998, and the Women in Apprenticeship and of my time. TOM DAVIS, Ranking Member HENRY WAXMAN, Non-Traditional Occupations Act of 1992, in- Mr. CANNON. Mr. Speaker, I want to Congressman CHRIS CANNON, and Congress- cluding the purchase and hire of passenger motor vehicles, the construction, alteration, and thank the gentleman from California man DANNY DAVIS for their help in bringing H. repair of buildings and other facilities, and the (Mr. BECERRA) for having introduced Res. 574 to the floor today. purchase of real property for training centers as this bill, and I urge Members to sup- The Los Angeles Galaxy is a truly remark- authorized by the Workforce Investment Act of port adoption of House Resolution 574. able team whose high standards of excel- 1998; $2,652,411,000 plus reimbursements, of Mr. BECERRA. Mr. Speaker, I rise today to lence, professionalism, demonstrated courage, which $1,688,411,000 is available for obligation congratulate the players, coaches, staff, and sacrifice, and teamwork should be com- for the period July 1, 2006 through June 30, 2007; owners of the Los Angeles Galaxy for winning mended. Their passion continues to captivate except that amounts determined by the Sec- the 2005 Major League Soccer (MLS) Cup a growing and diverse fan base from all retary of Labor to be necessary pursuant to sec- Championship and to pay tribute to this his- across Southern California. tions 173(a)(4)(A) and 174(c) of the Workforce Investment Act of 1998 shall be available from toric feat. Mr. Speaker and fellow colleagues, please October 1, 2005 until expended; and of which On November 13, 2005 in Frisco, Texas, join me and all soccer fans from across the $950,000,000 is available for obligation for the the Galaxy became the 10th MLS Champion country and the around world in congratulating period April 1, 2006 through June 30, 2007, to by defeating the New England Revolution by a the 2005 Major League Soccer Cup Cham- carry out chapter 4 of the Workforce Investment score of 1–0 in extra time. This is the Galaxy’s pions Los Angeles Galaxy. Act of 1998; and of which $8,000,000 is available second MLS championship and represents Mr. CANNON. Mr. Speaker, I yield for the period July 1, 2006 through June 30, 2009 only the third time in league history that a back the balance of my time. for necessary expenses of construction, rehabili- tation, and acquisition of Job Corps centers: team has won the ‘‘domestic double’’—the The SPEAKER pro tempore. The question is on the motion offered by Provided, That notwithstanding any other pro- Lamar Hunt U.S. Open Cup and the MLS Cup vision of law, of the funds provided herein Championship in the same year. the gentleman from Utah (Mr. CANNON) under section 137(c) of the Workforce Invest- The team was challenged throughout the that the House suspend the rules and ment Act of 1998, $282,800,000 shall be for activi- entire season both from sustaining several in- agree to the House resolution, H. Res. ties described in section 132(a)(2)(A) of such Act juries and also player absences due to call- 574. and $1,193,264,000 shall be for activities de- ups by the United States Men’s National Team The question was taken; and (two- scribed in section 132(a)(2)(B) of such Act: Pro- The Galaxy’s ability to overcome these adver- thirds having voted in favor thereof) vided further, That $125,000,000 shall be avail- the rules were suspended and the reso- able for Community-Based Job Training Grants, sities is a testament to the skill of the coach- which shall be from funds reserved under sec- ing staff and the talent of players who never lution was agreed to. tion 132(a)(2)(A) of the Workforce Investment once compromised team cohesiveness for in- A motion to reconsider was laid on Act of 1998 and shall be used to carry out such dividual glory. the table. grants under section 171(d) of such Act, except Mr. Speaker, I would like to take a moment f that the 10 percent limitation otherwise applica- ble to the amount of funds that may be used to to recognize the individual players for their FURTHER CONFERENCE REPORT role in developing this championship team. carry out section 171(d) shall not be applicable ON H.R. 3010, DEPARTMENTS OF to funds used for Community-Based Job Train- This year’s superb squad was led by team LABOR, HEALTH AND HUMAN ing grants: Provided further, That funds pro- captain Peter Vagenas and a terrific line up SERVICES, AND EDUCATION, AND vided to carry out section 132(a)(2)(A) of the that included Chris Albright, Benjamin RELATED AGENCIES APPROPRIA- Workforce Investment Act of 1998 may be used Benditson, Pablo Chinchilla, Mubarike Chisoni, TIONS ACT, 2006 to provide assistance to a State for State-wide or Steve Cronin, Ednaldo da Conceicao, Landon local use in order to address cases where there Donovan, Todd Dunivant, Michael Enfield, Mr. REGULA submitted the fol- have been worker dislocations across multiple Josh Gardner, Herculez Gomez, Guillermo lowing further conference report and sectors or across multiple local areas and such Gonzalez, Alan Gordon, Ned Grabavoy, Kevin statement on the bill (H.R. 3010) mak- workers remain dislocated; coordinate the State ing appropriations for the Departments workforce development plan with emerging eco- Hartman, Ugo Ihemelu, David Johnson, Cobi nomic development needs; and train such eligi- Jones, Quavas Kirk, Tyrone Marshall, Paulo of Labor, Health and Human Services, and Education, and related agencies for ble dislocated workers: Provided further, That Nagamura, Joseph Ngwenya, Michael Nsien, $7,936,000 shall be for carrying out section 172 of Troy Roberts, Marcelo Saragosa, Josh Saun- the fiscal year ending September 30, the Workforce Investment Act of 1998: Provided ders, Michael Umana, and the 2005 MLS 2006, and for other purposes: further, That $982,000 shall be for carrying out Cup’s Most Valuable Player, midfielder Guil- CONFERENCE REPORT (H. REPT. 109–337) Public Law 102–530: Provided further, That, lermo ‘‘Pando’’ Ramirez. The committee of conference on the dis- notwithstanding any other provision of law or The coaching crew was also instrumental in agreeing votes of the two Houses on the related regulation, $80,557,000 shall be for car- rying out section 167 of the Workforce Invest- cultivating this triumphant team. The fantastic amendment of the Senate to the bill (H.R. 3010) ‘‘making appropriations for the Depart- ment Act of 1998, including $75,053,000 for for- staff was led by head coach Steve Sampson; ments of Labor, Health and Human Services, mula grants, $5,000,000 for migrant and seasonal assistant coaches Afshin Ghotbi, Billy McNicol, and Education, and Related Agencies for the housing (of which not less than 70 percent shall and Ignacio Hernandez; Head Athletic Trainer fiscal year ending September 30, 2006, and for be for permanent housing), and $504,000 for Ivan Pierra; Team Administrator Anthony Gar- other purposes’’, having met, after further other discretionary purposes, and that the De- cia; and Equipment Manager Raul Vargas. full and free conference, have agreed to rec- partment shall take no action limiting the num- Mr. Speaker, my hometown of Los Angeles ommend and do recommend to their respec- ber or proportion of eligible participants receiv- has the best fans any team can ask for. They tive Houses as follows: ing related assistance services or discouraging grantees from providing such services: Provided are more than just spectators, they are the That the House recede from its disagree- ment to the amendment of the Senate, and further, That notwithstanding the transfer limi- 12th player on the field—building momentum agree to the same with an amendment, as tation under section 133(b)(4) of such Act, up to and inspiring their team to fight on to victory. follows: 30 percent of such funds may be transferred by These devoted and spirited fans contributed to In lieu of the matter stricken and inserted a local board if approved by the Governor: Pro- eight sold out home games and brought the by said amendment, insert: vided further, That funds provided to carry out

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section 171(d) of the Workforce Investment Act cost of administering section 51 of the Internal EMPLOYEE BENEFITS SECURITY ADMINISTRATION of 1998 may be used for demonstration projects Revenue Code of 1986, as amended, section 7(d) SALARIES AND EXPENSES that provide assistance to new entrants in the of the Wagner-Peyser Act, as amended, the For necessary expenses for the Employee Ben- workforce and incumbent workers: Provided fur- Trade Act of 1974, as amended, the Immigration efits Security Administration, $134,900,000. ther, That no funds from any other appropria- Act of 1990, and the Immigration and Nation- tion shall be used to provide meal services at or ality Act, as amended, and of which the sums PENSION BENEFIT GUARANTY CORPORATION for Job Corps centers. available in the allocation for activities author- PENSION BENEFIT GUARANTY CORPORATION FUND For necessary expenses of the Workforce In- ized by title III of the Social Security Act, as The Pension Benefit Guaranty Corporation is vestment Act of 1998, including the purchase amended (42 U.S.C. 502–504), and the sums authorized to make such expenditures, includ- and hire of passenger motor vehicles, the con- available in the allocation for necessary admin- ing financial assistance authorized by section struction, alteration, and repair of buildings istrative expenses for carrying out 5 U.S.C. 8501– 104 of Public Law 96–364, within limits of funds and other facilities, and the purchase of real 8523, shall be available for obligation by the and borrowing authority available to such Cor- property for training centers as authorized by States through December 31, 2006, except that poration, and in accord with law, and to make the Act; $2,463,000,000 plus reimbursements, of funds used for automation acquisitions shall be such contracts and commitments without regard which $2,363,000,000 is available for obligation available for obligation by the States through to fiscal year limitations as provided by section for the period October 1, 2006 through June 30, September 30, 2008; of which $125,312,000, to- 104 of the Government Corporation Control Act, 2007, and of which $100,000,000 is available for gether with not to exceed $700,000,000 of the as amended (31 U.S.C. 9104), as may be nec- the period October 1, 2006 through June 30, 2009, amount which may be expended from said trust essary in carrying out the program, including for necessary expenses of construction, rehabili- fund, shall be available for obligation for the associated administrative expenses, through tation, and acquisition of Job Corps centers. period July 1, 2006 through June 30, 2007, to September 30, 2006 for such Corporation: Pro- Of the funds provided under this heading in fund activities under the Act of June 6, 1933, as vided, That none of the funds available to the Public Law 108–7 to carry out section amended, including the cost of penalty mail au- Corporation for fiscal year 2006 shall be avail- 173(a)(4)(A) of the Workforce Investment Act of thorized under 39 U.S.C. 3202(a)(1)(E) made able for obligations for administrative expenses 1998, $20,000,000 are rescinded. available to States in lieu of allotments for such in excess of $296,978,000: Provided further, That Of the funds provided under this heading in purpose: Provided, That to the extent that the obligations in excess of such amount may be in- Public Law 107–117, $5,000,000 are rescinded. Average Weekly Insured Unemployment (AWIU) curred after approval by the Office of Manage- Of the funds provided under this heading in for fiscal year 2006 is projected by the Depart- ment and Budget and the Committees on Appro- division F of Public Law 108–447 for Commu- ment of Labor to exceed 2,800,000, an additional priations of the House and Senate. nity-Based Job Training Grants, $125,000,000 is $28,600,000 shall be available for obligation for EMPLOYMENT STANDARDS ADMINISTRATION rescinded. every 100,000 increase in the AWIU level (in- SALARIES AND EXPENSES The Secretary of Labor shall take no action to cluding a pro rata amount for any increment For necessary expenses for the Employment amend, through regulatory or administration less than 100,000) from the Employment Security Standards Administration, including reimburse- action, the definition established in 20 CFR Administration Account of the Unemployment ment to State, Federal, and local agencies and 667.220 for functions and activities under title I Trust Fund: Provided further, That funds ap- their employees for inspection services rendered, of the Workforce Investment Act of 1998, or to propriated in this Act which are used to estab- $413,168,000, together with $2,048,000 which may modify, through regulatory or administrative lish a national one-stop career center system, or be expended from the Special Fund in accord- action, the procedure for redesignation of local which are used to support the national activities ance with sections 39(c), 44(d) and 44(j) of the areas as specified in subtitle B of title I of that of the Federal-State unemployment insurance or Longshore and Harbor Workers’ Compensation Act (including applying the standards specified immigration programs, may be obligated in con- Act: Provided, That the Secretary of Labor is in section 116(a)(3)(B) of that Act, but notwith- tracts, grants or agreements with non-State en- authorized to establish and, in accordance with standing the time limits specified in section tities: Provided further, That funds appro- 31 U.S.C. 3302, collect and deposit in the Treas- 116(a)(3)(B) of that Act), until such time as leg- priated in this Act for activities authorized ury fees for processing applications and issuing islation reauthorizing the Act is enacted. Noth- under the Wagner-Peyser Act, as amended, and certificates under sections 11(d) and 14 of the ing in the preceding sentence shall permit or re- title III of the Social Security Act, may be used Fair Labor Standards Act of 1938, as amended quire the Secretary of Labor to withdraw ap- by the States to fund integrated Employment (29 U.S.C. 211(d) and 214) and for processing ap- proval for such redesignation from a State that Service and Unemployment Insurance automa- plications and issuing registrations under title I received the approval not later than October 12, tion efforts, notwithstanding cost allocation of the Migrant and Seasonal Agricultural Work- 2005, or to revise action taken or modify the re- principles prescribed under Office of Manage- er Protection Act (29 U.S.C. 1801 et seq.). designation procedure being used by the Sec- ment and Budget Circular A–87. retary in order to complete such redesignation SPECIAL BENEFITS ADVANCES TO THE UNEMPLOYMENT TRUST FUND for a State that initiated the process of such re- (INCLUDING TRANSFER OF FUNDS) AND OTHER FUNDS designation by submitting any request for such For the payment of compensation, benefits, For repayable advances to the Unemployment redesignation not later than October 26, 2005. and expenses (except administrative expenses) Trust Fund as authorized by sections 905(d) and COMMUNITY SERVICE EMPLOYMENT FOR OLDER accruing during the current or any prior fiscal 1203 of the Social Security Act, as amended, and AMERICANS year authorized by title 5, chapter 81 of the to the Black Lung Disability Trust Fund as au- To carry out title V of the Older Americans United States Code; continuation of benefits as thorized by section 9501(c)(1) of the Internal Act of 1965, as amended, $436,678,000. provided for under the heading ‘‘Civilian War Revenue Code of 1954, as amended; and for non- FEDERAL UNEMPLOYMENT BENEFITS AND Benefits’’ in the Federal Security Agency Ap- repayable advances to the Unemployment Trust ALLOWANCES propriation Act, 1947; the Employees’ Compensa- Fund as authorized by section 8509 of title 5, For payments during the current fiscal year of tion Commission Appropriation Act, 1944; sec- United States Code, and to the ‘‘Federal unem- trade adjustment benefit payments and allow- tions 4(c) and 5(f) of the War Claims Act of 1948 ployment benefits and allowances’’ account, to ances under part I and section 246; and for (50 U.S.C. App. 2012); and 50 percent of the ad- remain available until September 30, 2007, training, allowances for job search and reloca- ditional compensation and benefits required by $465,000,000. tion, and related State administrative expenses section 10(h) of the Longshore and Harbor under part II of chapter 2, title II of the Trade In addition, for making repayable advances to Workers’ Compensation Act, as amended, Act of 1974 (including the benefits and services the Black Lung Disability Trust Fund in the $237,000,000, together with such amounts as may described under sections 123(c)(2) and 151(b) and current fiscal year after September 15, 2006, for be necessary to be charged to the subsequent (c) of the Trade Adjustment Assistance Reform costs incurred by the Black Lung Disability year appropriation for the payment of com- Act of 2002, Public Law 107–210), $966,400,000, Trust Fund in the current fiscal year, such sums pensation and other benefits for any period sub- together with such amounts as may be necessary as may be necessary. sequent to August 15 of the current year: Pro- to be charged to the subsequent appropriation PROGRAM ADMINISTRATION vided, That amounts appropriated may be used for payments for any period subsequent to Sep- For expenses of administering employment under section 8104 of title 5, United States Code, tember 15 of the current year. and training programs, $117,123,000, together by the Secretary of Labor to reimburse an em- STATE UNEMPLOYMENT INSURANCE AND with not to exceed $82,877,000, which may be ex- ployer, who is not the employer at the time of EMPLOYMENT SERVICE OPERATIONS pended from the Employment Security Adminis- injury, for portions of the salary of a reem- For authorized administrative expenses, tration Account in the Unemployment Trust ployed, disabled beneficiary: Provided further, $125,312,000, together with not to exceed Fund. That balances of reimbursements unobligated on $3,266,766,000 (including not to exceed $1,228,000 WORKERS COMPENSATION PROGRAMS September 30, 2005, shall remain available until which may be used for amortization payments to expended for the payment of compensation, ben- States which had independent retirement plans (RESCISSION) efits, and expenses: Provided further, That in in their State employment service agencies prior Of funds provided under this heading in the addition there shall be transferred to this appro- to 1980), which may be expended from the Em- Emergency Supplemental Appropriations Act, priation from the Postal Service and from any ployment Security Administration Account in 2002 (Public Law 107–117, division B), other corporation or instrumentality required the Unemployment Trust Fund including the $120,000,000 are rescinded. under section 8147(c) of title 5, United States

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28007 Code, to pay an amount for its fair share of the ability Trust Fund, to remain available until ex- (4) to take any action authorized by such Act cost of administration, such sums as the Sec- pended, for payment of all benefits authorized with respect to health hazards; retary determines to be the cost of administra- by section 9501(d)(1), (2), (4), and (7) of the In- (5) to take any action authorized by such Act tion for employees of such fair share entities ternal Revenue Code of 1954, as amended; and with respect to a report of an employment acci- through September 30, 2006: Provided further, interest on advances, as authorized by section dent which is fatal to one or more employees or That of those funds transferred to this account 9501(c)(2) of that Act. In addition, the following which results in hospitalization of two or more from the fair share entities to pay the cost of ad- amounts shall be available from the Fund for employees, and to take any action pursuant to ministration of the Federal Employees’ Com- fiscal year 2006 for expenses of operation and such investigation authorized by such Act; and pensation Act, $53,695,000 shall be made avail- administration of the Black Lung Benefits pro- (6) to take any action authorized by such Act able to the Secretary as follows: gram, as authorized by section 9501(d)(5): with respect to complaints of discrimination (1) for enhancement and maintenance of auto- $33,050,000 for transfer to the Employment against employees for exercising rights under mated data processing systems and tele- Standards Administration ‘‘Salaries and Ex- such Act: communications systems, $13,305,000; penses’’; $24,239,000 for transfer to Depart- Provided further, That the foregoing proviso (2) for automated workload processing oper- mental Management, ‘‘Salaries and Expenses’’; shall not apply to any person who is engaged in ations, including document imaging, centralized $344,000 for transfer to Departmental Manage- a farming operation which does not maintain a mail intake and medical bill processing, ment, ‘‘Office of Inspector General’’; and temporary labor camp and employs 10 or fewer $27,148,000; $356,000 for payments into miscellaneous re- employees: Provided further, That not less than (3) for periodic roll management and medical ceipts for the expenses of the Department of the $3,200,000 shall be used to extend funding for review, $13,242,000; and Treasury. the Institutional Competency Building training (4) the remaining funds shall be paid into the OCCUPATIONAL SAFETY AND HEALTH grants which commenced in September 2000, for Treasury as miscellaneous receipts: ADMINISTRATION program activities for the period of September Provided further, That the Secretary may re- SALARIES AND EXPENSES 30, 2006, to September 30, 2007, provided that a quire that any person filing a notice of injury or For necessary expenses for the Occupational grantee has demonstrated satisfactory perform- a claim for benefits under chapter 81 of title 5, Safety and Health Administration, $477,199,000, ance: Provided further, That none of the funds United States Code, or 33 U.S.C. 901 et seq., pro- including not to exceed $92,013,000 which shall appropriated under this paragraph shall be obli- vide as part of such notice and claim, such iden- be the maximum amount available for grants to gated or expended to administer or enforce the tifying information (including Social Security States under section 23(g) of the Occupational provisions of 29 CFR 1910.134(f)(2) (General In- account number) as such regulations may pre- Safety and Health Act (the ‘‘Act’’), which dustry Respiratory Protection Standard) to the scribe. grants shall be no less than 50 percent of the extent that such provisions require the annual SPECIAL BENEFITS FOR DISABLED COAL MINERS costs of State occupational safety and health fit testing (after the initial fit testing) of res- For carrying out title IV of the Federal Mine programs required to be incurred under plans pirators for occupational exposure to tuber- Safety and Health Act of 1977, as amended by approved by the Secretary under section 18 of culosis. Public Law 107–275, (the ‘‘Act’’), $232,250,000, to the Act; and, in addition, notwithstanding 31 MINE SAFETY AND HEALTH ADMINISTRATION remain available until expended. U.S.C. 3302, the Occupational Safety and SALARIES AND EXPENSES For making after July 31 of the current fiscal Health Administration may retain up to $750,000 For necessary expenses for the Mine Safety year, benefit payments to individuals under title per fiscal year of training institute course tui- and Health Administration, $280,490,000, includ- IV of the Act, for costs incurred in the current tion fees, otherwise authorized by law to be col- ing purchase and bestowal of certificates and fiscal year, such amounts as may be necessary. lected, and may utilize such sums for occupa- trophies in connection with mine rescue and For making benefit payments under title IV tional safety and health training and education first-aid work, and the hire of passenger motor for the first quarter of fiscal year 2007, grants: Provided, That, notwithstanding 31 vehicles, including up to $2,000,000 for mine res- $74,000,000, to remain available until expended. U.S.C. 3302, the Secretary of Labor is author- cue and recovery activities; in addition, not to ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES ized, during the fiscal year ending September 30, exceed $750,000 may be collected by the National OCCUPATIONAL ILLNESS COMPENSATION FUND 2006, to collect and retain fees for services pro- Mine Health and Safety Academy for room, (INCLUDING TRANSFER OF FUNDS) vided to Nationally Recognized Testing Labora- board, tuition, and the sale of training mate- For necessary expenses to administer the En- tories, and may utilize such sums, in accordance rials, otherwise authorized by law to be col- ergy Employees Occupational Illness Compensa- with the provisions of 29 U.S.C. 9a, to admin- lected, to be available for mine safety and tion Act, $96,081,000, to remain available until ister national and international laboratory rec- health education and training activities, not- expended: Provided, That the Secretary of ognition programs that ensure the safety of withstanding 31 U.S.C. 3302; and, in addition, Labor is authorized to transfer to any executive equipment and products used by workers in the the Mine Safety and Health Administration may agency with authority under the Energy Em- workplace: Provided further, That none of the retain up to $1,000,000 from fees collected for the ployees Occupational Illness Compensation Act, funds appropriated under this paragraph shall approval and certification of equipment, mate- including within the Department of Labor, such be obligated or expended to prescribe, issue, ad- rials, and explosives for use in mines, and may sums as may be necessary in fiscal year 2006 to minister, or enforce any standard, rule, regula- utilize such sums for such activities; the Sec- carry out those authorities: Provided further, tion, or order under the Act which is applicable retary is authorized to accept lands, buildings, That the Secretary may require that any person to any person who is engaged in a farming oper- equipment, and other contributions from public filing a claim for benefits under the Act provide ation which does not maintain a temporary and private sources and to prosecute projects in as part of such claim, such identifying informa- labor camp and employs 10 or fewer employees: cooperation with other agencies, Federal, State, tion (including Social Security account number) Provided further, That no funds appropriated or private; the Mine Safety and Health Adminis- as may be prescribed: Provided further, That under this paragraph shall be obligated or ex- tration is authorized to promote health and not later than 30 days after enactment, in addi- pended to administer or enforce any standard, safety education and training in the mining tion to other sums transferred by the Secretary rule, regulation, or order under the Act with re- community through cooperative programs with of Labor to the National Institute for Occupa- spect to any employer of 10 or fewer employees States, industry, and safety associations; the tional Safety and Health (‘‘NIOSH’’) for the ad- who is included within a category having a Secretary is authorized to recognize the Joseph ministration of the Energy Employees Occupa- Days Away, Restricted, or Transferred (DART) A. Holmes Safety Association as a principal tional Illness Compensation Program occupational injury and illness rate, at the most safety association and, notwithstanding any (‘‘EEOICPA’’), the Secretary of Labor shall precise industrial classification code for which other provision of law, may provide funds and, transfer $4,500,000 to NIOSH from the funds ap- such data are published, less than the national with or without reimbursement, personnel, in- propriated to the Energy Employees Occupa- average rate as such rates are most recently cluding service of Mine Safety and Health Ad- tional Illness Compensation Fund (42 U.S.C. published by the Secretary, acting through the ministration officials as officers in local chap- 7384e), for use by or in support of the Advisory Bureau of Labor Statistics, in accordance with ters or in the national organization; and any Board on Radiation and Worker Health (‘‘the section 24 of that Act (29 U.S.C. 673), except— funds available to the department may be used, Board’’) to carry out its statutory responsibil- (1) to provide, as authorized by such Act, con- with the approval of the Secretary, to provide ities under EEOICPA (42 U.S.C. 7384n–q), in- sultation, technical assistance, educational and for the costs of mine rescue and survival oper- cluding obtaining audits, technical assistance training services, and to conduct surveys and ations in the event of a major disaster. and other support from the Board’s audit con- studies; (2) to conduct an inspection or investigation BUREAU OF LABOR STATISTICS tractor with regard to radiation dose estimation in response to an employee complaint, to issue a SALARIES AND EXPENSES and reconstruction efforts, site profiles, proce- citation for violations found during such inspec- For necessary expenses for the Bureau of dures, and review of Special Exposure Cohort tion, and to assess a penalty for violations Labor Statistics, including advances or reim- petitions and evaluation reports. which are not corrected within a reasonable bursements to State, Federal, and local agencies BLACK LUNG DISABILITY TRUST FUND abatement period and for any willful violations and their employees for services rendered, (INCLUDING TRANSFER OF FUNDS) found; $464,678,000, together with not to exceed In fiscal year 2006 and thereafter, such sums (3) to take any action authorized by such Act $77,845,000, which may be expended from the as may be necessary from the Black Lung Dis- with respect to imminent dangers; Employment Security Administration Account in

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The Sec- HEALTH RESOURCES AND SERVICES the content of the survey issued prior to June retary shall transfer funds appropriated for the For carrying out titles II, III, IV, VII, VIII, 2005 with respect to the collection of data for the program carried out under that subtitle C, in- X, XII, XIX, and XXVI of the Public Health women worker series. cluding the administration of such program, to Service Act, section 427(a) of the Federal Coal OFFICE OF DISABILITY EMPLOYMENT POLICY the head of that Office of Job Corps. The head Mine Health and Safety Act, title V and sec- of that Office of Job Corps shall have con- SALARIES AND EXPENSES tions 1128E, and 711, and 1820 of the Social Se- tracting authority and shall receive support as For necessary expenses for the Office of Dis- curity Act, the Health Care Quality Improve- necessary from the Assistant Secretary for Ad- ability Employment Policy to provide leadership, ment Act of 1986, as amended, the Native Ha- ministration and Management with respect to develop policy and initiatives, and award grants waiian Health Care Act of 1988, as amended, the contracting functions and the Assistant Sec- furthering the objective of eliminating barriers Cardiac Arrest Survival Act of 2000, section 712 retary for Policy with respect to research and to the training and employment of people with of the American Jobs Creation Act of 2004, and evaluation functions. disabilities, $27,934,000. for expenses necessary to support activities re- lated to countering potential biological, disease, DEPARTMENTAL MANAGEMENT (TRANSFER OF FUNDS) nuclear, radiological and chemical threats to ci- SALARIES AND EXPENSES SEC. 103. Not to exceed 1 percent of any discre- vilian populations, $6,629,661,000 of which For necessary expenses for Departmental tionary funds (pursuant to the Balanced Budget $64,180,000 from general revenues, notwith- Management, including the hire of three sedans, and Emergency Deficit Control Act of 1985, as standing section 1820(j) of the Social Security and including the management or operation, amended) which are appropriated for the cur- Act, shall be available for carrying out the through contracts, grants or other arrangements rent fiscal year for the Department of Labor in Medicare rural hospital flexibility grants pro- of Departmental activities conducted by or this Act may be transferred between a program, gram under section 1820 of such Act (of which through the Bureau of International Labor Af- project, or activity, but no such program, $25,000,000 is for a Delta health initiative Rural fairs, including bilateral and multilateral tech- project, or activity shall be increased by more Health, Education, and Workforce Infrastruc- nical assistance and other international labor than 3 percent by any such transfer: Provided, ture Demonstration Program which shall solicit activities, $300,275,000, of which $6,944,000, to re- That a program, project, or activity may be in- and fund proposals from local governments, hos- main available until September 30, 2007, is for creased by up to an additional 2 percent subject pitals, universities, and rural public health-re- Frances Perkins Building Security Enhance- to approval by the House and Senate Commit- lated entities and organizations for research de- ments, and $29,760,000 is for the acquisition of tees on Appropriations: Provided further, That velopment, educational programs, job training, Departmental information technology, architec- the transfer authority granted by this section and construction of public health-related facili- ture, infrastructure, equipment, software and shall be available only to meet emergency needs ties): Provided, That of the funds made avail- related needs, which will be allocated by the De- and shall not be used to create any new pro- able under this heading, $222,000 shall be avail- partment’s Chief Information Officer in accord- gram or to fund any project or activity for able until expended for facilities renovations at ance with the Department’s capital investment which no funds are provided in this Act: Pro- the Gillis W. Long Hansen’s Disease Center: management process to assure a sound invest- vided further, That the Appropriations Commit- Provided further, That in addition to fees au- ment strategy; together with not to exceed tees of both Houses of Congress are notified at thorized by section 427(b) of the Health Care $311,000, which may be expended from the Em- least 15 days in advance of any transfer. Quality Improvement Act of 1986, fees shall be ployment Security Administration Account in SEC. 104. In accordance with Executive Order collected for the full disclosure of information the Unemployment Trust Fund. No. 13126, none of the funds appropriated or under the Act sufficient to recover the full costs VETERANS EMPLOYMENT AND TRAINING otherwise made available pursuant to this Act of operating the National Practitioner Data Not to exceed $194,834,000 may be derived from shall be obligated or expended for the procure- Bank, and shall remain available until ex- the Employment Security Administration Ac- ment of goods mined, produced, manufactured, pended to carry out that Act: Provided further, count in the Unemployment Trust Fund to carry or harvested or services rendered, whole or in That fees collected for the full disclosure of in- out the provisions of 38 U.S.C. 4100–4113, 4211– part, by forced or indentured child labor in in- formation under the ‘‘Health Care Fraud and 4215, and 4321–4327, and Public Law 103–353, dustries and host countries already identified by Abuse Data Collection Program’’, authorized by and which shall be available for obligation by the United States Department of Labor prior to section 1128E(d)(2) of the Social Security Act, the States through December 31, 2006, of which enactment of this Act. shall be sufficient to recover the full costs of op- $1,984,000 is for the National Veterans’ Employ- erating the program, and shall remain available SEC. 105. There is authorized to be appro- ment and Training Services Institute. To carry until expended to carry out that Act: Provided priated such sums as may be necessary to the out the Homeless Veterans Reintegration Pro- further, That no more than $40,000 is available Denali Commission through the Department of grams (38 U.S.C. 2021) and the Veterans Work- until expended for carrying out the provisions of Labor to conduct job training of the local work- force Investment Programs (29 U.S.C. 2913), 42 U.S.C. 233(o) including associated adminis- force where Denali Commission projects will be $29,500,000, of which $7,500,000 shall be avail- trative expenses: Provided further, That no more constructed. able for obligation for the period July 1, 2006 than $45,000,000 is available until expended for through June 30, 2007. SEC. 106. For purposes of chapter 8 of division carrying out the provisions of Public Law 104– OFFICE OF INSPECTOR GENERAL B of the Department of Defense and Emergency 73 and for expenses incurred by the Department For salaries and expenses of the Office of In- Supplemental Appropriations for Recovery from of Health and Human Services pertaining to ad- spector General in carrying out the provisions of and Response to Terrorist Attacks on the United ministrative claims made under such law: Pro- the Inspector General Act of 1978, as amended, States Act, 2002 (Public Law 107–117), payments vided further, That $4,000,000 is available until $66,211,000, together with not to exceed made by the New York Workers’ Compensation expended for the National Cord Blood Stem Cell $5,608,000, which may be expended from the Em- Board to the New York Crime Victims Board Bank Program as described in House Report ployment Security Administration Account in and the New York State Insurance Fund before 108–401: Provided further, That of the funds the Unemployment Trust Fund. the date of the enactment of this Act shall be made available under this heading, $285,963,000 deemed to have been made for workers com- shall be for the program under title X of the WORKING CAPITAL FUND pensation programs. Public Health Service Act to provide for vol- For the acquisition of a new core accounting SEC. 107. The Department of Labor shall sub- untary family planning projects: Provided fur- system for the Department of Labor, including ther, That amounts provided to said projects hardware and software infrastructure and the mit its fiscal year 2007 congressional budget jus- tifications to the Committees on Appropriations under such title shall not be expended for abor- costs associated with implementation thereof, tions, that all pregnancy counseling shall be $6,230,000. of the House of Representatives and the Senate in the format and level of detail used by the De- nondirective, and that such amounts shall not GENERAL PROVISIONS partment of Education in its fiscal year 2006 be expended for any activity (including the pub- SEC. 101. None of the funds appropriated in congressional budget justifications. lication or distribution of literature) that in any this title for the Job Corps shall be used to pay way tends to promote public support or opposi- the salary of an individual, either as direct costs SEC. 108. The Secretary shall prepare and sub- tion to any legislative proposal or candidate for or any proration as an indirect cost, at a rate in mit not later than July 1, 2006 to the Committees public office: Provided further, That $797,521,000 excess of Executive Level I. on Appropriations of the Senate and of the shall be for State AIDS Drug Assistance Pro- SEC. 102. Not later than 90 days after the date House an operating plan that outlines the grams authorized by section 2616 of the Public of enactment of this Act, the Secretary of Labor planned allocation by major project and activity Health Service Act: Provided further, That in shall permanently establish and maintain an of fiscal year 2006 funds made available for sec- addition to amounts provided herein, $25,000,000 Office of Job Corps within the Office of the Sec- tion 171 of the Workforce Investment Act. shall be available from amounts available under retary, in the Department of Labor, to carry out This title may be cited as the ‘‘Department of section 241 of the Public Health Service Act to the functions (including duties, responsibilities, Labor Appropriations Act, 2006’’. carry out Parts A, B, C, and D of title XXVI of

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the Public Health Service Act to fund section vidual Learning Accounts for full-time equiva- NATIONAL INSTITUTE OF GENERAL MEDICAL 2691 Special Projects of National Significance: lent employees of the Centers for Disease Con- SCIENCES Provided further, That, notwithstanding section trol and Prevention: Provided further, That the For carrying out section 301 and title IV of 502(a)(1) of the Social Security Act, not to ex- Director may redirect the total amount made the Public Health Service Act with respect to ceed $117,108,000 is available for carrying out available under authority of Public Law 101– general medical sciences, $1,955,170,000. special projects of regional and national signifi- 502, section 3, dated November 3, 1990, to activi- NATIONAL INSTITUTE OF CHILD HEALTH AND cance pursuant to section 501(a)(2) of such Act: ties the Director may so designate: Provided fur- HUMAN DEVELOPMENT Provided further, That of the funds provided, ther, That the Congress is to be notified prompt- $39,680,000 shall be provided to the Denali Com- ly of any such transfer: Provided further, That For carrying out section 301 and title IV of mission as a direct lump payment pursuant to not to exceed $12,500,000 may be available for the Public Health Service Act with respect to Public Law 106–113. making grants under section 1509 of the Public child health and human development, $1,277,544,000. HEALTH EDUCATION ASSISTANCE LOANS PROGRAM Health Service Act to not more than 15 States, ACCOUNT tribes, or tribal organizations: Provided further, NATIONAL EYE INSTITUTE Such sums as may be necessary to carry out That notwithstanding any other provision of For carrying out section 301 and title IV of the purpose of the program, as authorized by law, a single contract or related contracts for the Public Health Service Act with respect to eye title VII of the Public Health Service Act, as development and construction of facilities may diseases and visual disorders, $673,491,000. amended. For administrative expenses to carry be employed which collectively include the full NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH out the guaranteed loan program, including sec- scope of the project: Provided further, That the SCIENCES solicitation and contract shall contain the tion 709 of the Public Health Service Act, For carrying out sections 301 and 311 and title clause ‘‘availability of funds’’ found at 48 CFR $2,916,000. IV of the Public Health Service Act with respect 52.232–18: Provided further, That of the funds VACCINE INJURY COMPENSATION PROGRAM TRUST to environmental health sciences, $647,608,000. FUND appropriated, $10,000 is for official reception NATIONAL INSTITUTE ON AGING For payments from the Vaccine Injury Com- and representation expenses when specifically For carrying out section 301 and title IV of pensation Program Trust Fund, such sums as approved by the Director of the Centers for Dis- the Public Health Service Act with respect to may be necessary for claims associated with vac- ease Control and Prevention: Provided further, aging, $1,057,203,000. cine-related injury or death with respect to vac- That employees of the Centers for Disease Con- cines administered after September 30, 1988, pur- trol and Prevention or the Public Health Serv- NATIONAL INSTITUTE OF ARTHRITIS AND suant to subtitle 2 of title XXI of the Public ice, both civilian and Commissioned Officers, de- MUSCULOSKELETAL AND SKIN DISEASES Health Service Act, to remain available until ex- tailed to States, municipalities, or other organi- For carrying out section 301 and title IV of pended: Provided, That for necessary adminis- zations under authority of section 214 of the the Public Health Service Act with respect to ar- trative expenses, not to exceed $3,600,000 shall Public Health Service Act, shall be treated as thritis and musculoskeletal and skin diseases, be available from the Trust Fund to the Sec- non-Federal employees for reporting purposes $513,063,000. only and shall not be included within any per- retary of Health and Human Services. NATIONAL INSTITUTE ON DEAFNESS AND OTHER sonnel ceiling applicable to the Agency, Service, COMMUNICATION DISORDERS CENTERS FOR DISEASE CONTROL AND or the Department of Health and Human Serv- PREVENTION ices during the period of detail or assignment. For carrying out section 301 and title IV of DISEASE CONTROL, RESEARCH, AND TRAINING the Public Health Service Act with respect to NATIONAL INSTITUTES OF HEALTH To carry out titles II, III, VII, XI, XV, XVII, deafness and other communication disorders, XIX, XXI, and XXVI of the Public Health Serv- NATIONAL CANCER INSTITUTE $397,432,000. ice Act, sections 101, 102, 103, 201, 202, 203, 301, For carrying out section 301 and title IV of NATIONAL INSTITUTE OF NURSING RESEARCH and 501 of the Federal Mine Safety and Health the Public Health Service Act with respect to For carrying out section 301 and title IV of Act of 1977, sections 20, 21, and 22 of the Occu- cancer, $4,841,774,000, of which up to $8,000,000 the Public Health Service Act with respect to pational Safety and Health Act of 1970, title IV may be used for facilities repairs and improve- nursing research, $138,729,000. of the Immigration and Nationality Act, section ments at the NCI-Frederick Federally Funded NATIONAL INSTITUTE ON ALCOHOL ABUSE AND 501 of the Refugee Education Assistance Act of Research and Development Center in Frederick, ALCOHOLISM 1980, and for expenses necessary to support ac- Maryland. For carrying out section 301 and title IV of tivities related to countering potential biologi- NATIONAL HEART, LUNG, AND BLOOD INSTITUTE cal, disease, nuclear, radiological, and chemical the Public Health Service Act with respect to al- For carrying out section 301 and title IV of threats to civilian populations; including pur- cohol abuse and alcoholism, $440,333,000. the Public Health Service Act with respect to chase and insurance of official motor vehicles in NATIONAL INSTITUTE ON DRUG ABUSE cardiovascular, lung, and blood diseases, and foreign countries; and purchase, hire, mainte- For carrying out section 301 and title IV of blood and blood products, $2,951,270,000. nance, and operation of aircraft, $5,884,934,000, the Public Health Service Act with respect to of which $160,000,000 shall remain available NATIONAL INSTITUTE OF DENTAL AND drug abuse, $1,010,130,000. CRANIOFACIAL RESEARCH until expended for equipment, construction and NATIONAL INSTITUTE OF MENTAL HEALTH renovation of facilities; of which $30,000,000 of For carrying out section 301 and title IV of For carrying out section 301 and title IV of the amounts available for immunization activi- the Public Health Service Act with respect to the Public Health Service Act with respect to ties shall remain available until expended; of dental disease, $393,269,000. mental health, $1,417,692,000. which $530,000,000 shall remain available until NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE NATIONAL HUMAN GENOME RESEARCH INSTITUTE expended for the Strategic National Stockpile; AND KIDNEY DISEASES and of which $123,883,000 for international HIV/ For carrying out section 301 and title IV of AIDS shall remain available until September 30, For carrying out section 301 and title IV of the Public Health Service Act with respect to 2007. In addition, such sums as may be derived the Public Health Service Act with respect to di- human genome research, $490,959,000. abetes and digestive and kidney disease, from authorized user fees, which shall be cred- NATIONAL INSTITUTE OF BIOMEDICAL IMAGING $1,722,146,000. ited to this account: Provided, That in addition AND BIOENGINEERING to amounts provided herein, the following NATIONAL INSTITUTE OF NEUROLOGICAL For carrying out section 301 and title IV of amounts shall be available from amounts avail- DISORDERS AND STROKE the Public Health Service Act with respect to able under section 241 of the Public Health Serv- For carrying out section 301 and title IV of biomedical imaging and bioengineering research, ice Act: (1) $12,794,000 to carry out the National the Public Health Service Act with respect to $299,808,000. Immunization Surveys; (2) $109,021,000 to carry neurological disorders and stroke, $1,550,260,000. NATIONAL CENTER FOR RESEARCH RESOURCES out the National Center for Health Statistics NATIONAL INSTITUTE OF ALLERGY AND For carrying out section 301 and title IV of surveys; (3) $24,751,000 to carry out information INFECTIOUS DISEASES systems standards development and architecture the Public Health Service Act with respect to re- and applications-based research used at local (INCLUDING TRANSFER OF FUNDS) search resources and general research support public health levels; (4) $463,000 for Health Mar- For carrying out section 301 and title IV of grants, $1,110,203,000: Provided, That none of keting evaluations; (5) $31,000,000 to carry out the Public Health Service Act with respect to al- these funds shall be used to pay recipients of Public Health Research; and (6) $87,071,000 to lergy and infectious diseases, $4,459,395,000: the general research support grants program carry out research activities within the National Provided, That $100,000,000 may be made avail- any amount for indirect expenses in connection Occupational Research Agenda: Provided fur- able to International Assistance Programs with such grants. ther, That none of the funds made available for ‘‘Global Fund to Fight HIV/AIDS, Malaria, and NATIONAL CENTER FOR COMPLEMENTARY AND injury prevention and control at the Centers for Tuberculosis’’, to remain available until ex- ALTERNATIVE MEDICINE Disease Control and Prevention may be used, in pended: Provided further, That up to $30,000,000 For carrying out section 301 and title IV of whole or in part, to advocate or promote gun shall be for extramural facilities construction the Public Health Service Act with respect to control: Provided further, That up to $31,800,000 grants to enhance the Nation’s capability to do complementary and alternative medicine, shall be made available until expended for Indi- research on biological and other agents. $122,692,000.

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NATIONAL CENTER ON MINORITY HEALTH AND facilities as provided for in section 2354(a)(5)(B) amendment in effect during such quarter, if sub- HEALTH DISPARITIES of the Public Health Service Act: Provided fur- mitted in or prior to such quarter and approved For carrying out section 301 and title IV of ther, That of the funds provided $97,000,000 in that or any subsequent quarter. the Public Health Service Act with respect to mi- shall be for expenses necessary to support activi- PAYMENTS TO HEALTH CARE TRUST FUNDS nority health and health disparities research, ties related to countering potential nuclear, ra- For payment to the Federal Hospital Insur- $197,379,000. diological and chemical threats to civilian popu- ance and the Federal Supplementary Medical JOHN E. FOGARTY INTERNATIONAL CENTER lations. Insurance Trust Funds, as provided under sec- For carrying out the activities at the John E. BUILDINGS AND FACILITIES tion 1844, 1860D–16, and 1860D–31 of the Social Fogarty International Center, $67,048,000. For the study of, construction of, renovation Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section NATIONAL LIBRARY OF MEDICINE of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, in- 278(d) of Public Law 97–248, and for administra- For carrying out section 301 and title IV of cluding the acquisition of real property, tive expenses incurred pursuant to section 201(g) the Public Health Service Act with respect to $81,900,000, to remain available until expended. of the Social Security Act, $177,742,200,000. health information communications, In addition, for making matching payments $318,091,000, of which $4,000,000 shall be avail- SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION under section 1844, and benefit payments under able until expended for improvement of informa- 1860D–16 and 1860D–31, of the Social Security SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES tion systems: Provided, That in fiscal year 2006, Act, not anticipated in budget estimates, such For carrying out titles V and XIX of the Pub- the Library may enter into personal services sums as may be necessary. contracts for the provision of services in facili- lic Health Service Act (‘‘PHS Act’’) with respect PROGRAM MANAGEMENT to substance abuse and mental health services, ties owned, operated, or constructed under the For carrying out, except as otherwise pro- the Protection and Advocacy for Individuals jurisdiction of the National Institutes of Health: vided, titles XI, XVIII, XIX, and XXI of the So- with Mental Illness Act, and section 301 of the Provided further, That in addition to amounts cial Security Act, titles XIII and XXVII of the PHS Act with respect to program management, provided herein, $8,200,000 shall be available Public Health Service Act, and the Clinical Lab- $3,237,813,000: Provided, That notwithstanding from amounts available under section 241 of the oratory Improvement Amendments of 1988, not section 520A(f)(2) of the PHS Act, no funds ap- Public Health Service Act to carry out National to exceed $3,170,927,000, to be transferred from propriated for carrying out section 520A are Information Center on Health Services Research the Federal Hospital Insurance and the Federal available for carrying out section 1971 of the and Health Care Technology and related health Supplementary Medical Insurance Trust Funds, PHS Act: Provided further, That in addition to services. as authorized by section 201(g) of the Social Se- amounts provided herein, the following amounts OFFICE OF THE DIRECTOR curity Act; together with all funds collected in shall be available under section 241 of the PHS (INCLUDING TRANSFER OF FUNDS) accordance with section 353 of the Public Health Act: (1) $79,200,000 to carry out subpart II of For carrying out the responsibilities of the Of- Service Act and section 1857(e)(2) of the Social part B of title XIX of the PHS Act to fund sec- fice of the Director, National Institutes of Security Act, and such sums as may be collected tion 1935(b) technical assistance, national data, Health, $482,895,000, of which up to $10,000,000 from authorized user fees and the sale of data, data collection and evaluation activities, and shall be used to carry out section 217 of this Act: which shall remain available until expended: further that the total available under this Act Provided, That funding shall be available for Provided, That all funds derived in accordance for section 1935(b) activities shall not exceed 5 the purchase of not to exceed 29 passenger motor with 31 U.S.C. 9701 from organizations estab- percent of the amounts appropriated for subpart vehicles for replacement only: Provided further, lished under title XIII of the Public Health II of part B of title XIX; (2) $21,803,000 to carry That the Director may direct up to 1 percent of Service Act shall be credited to and available for out subpart I of part B of title XIX of the PHS the total amount made available in this or any carrying out the purposes of this appropriation: Act to fund section 1920(b) technical assistance, other Act to all National Institutes of Health Provided further, That $24,205,000, to remain national data, data collection and evaluation appropriations to activities the Director may so available until September 30, 2007, is for con- activities, and further that the total available designate: Provided further, That no such ap- tract costs for the Centers for Medicare and under this Act for section 1920(b) activities shall propriation shall be decreased by more than 1 Medicaid Services Systems Revitalization Plan: not exceed 5 percent of the amounts appro- percent by any such transfers and that the Con- Provided further, That $79,934,000, to remain priated for subpart I of part B of title XIX; (3) gress is promptly notified of the transfer: Pro- available until September 30, 2007, is for con- $16,000,000 to carry out national surveys on vided further, That the National Institutes of tract costs for the Healthcare Integrated Gen- drug abuse; and (4) $4,300,000 to evaluate sub- Health is authorized to collect third party pay- eral Ledger Accounting System: Provided fur- stance abuse treatment programs. ments for the cost of clinical services that are ther, That funds appropriated under this head- incurred in National Institutes of Health re- AGENCY FOR HEALTHCARE RESEARCH AND ing are available for the Healthy Start, Grow search facilities and that such payments shall QUALITY Smart program under which the Centers for be credited to the National Institutes of Health HEALTHCARE RESEARCH AND QUALITY Medicare and Medicaid Services may, directly or Management Fund: Provided further, That all For carrying out titles III and IX of the Pub- through grants, contracts, or cooperative agree- funds credited to the National Institutes of lic Health Service Act, and part A of title XI of ments, produce and distribute informational ma- Health Management Fund shall remain avail- the Social Security Act, amounts received from terials including, but not limited to, pamphlets able for one fiscal year after the fiscal year in Freedom of Information Act fees, reimbursable and brochures on infant and toddler health care which they are deposited: Provided further, and interagency agreements, and the sale of to expectant parents enrolled in the Medicaid That up to $500,000 shall be available to carry data shall be credited to this appropriation and program and to parents and guardians enrolled out section 499 of the Public Health Service Act: shall remain available until expended: Provided, in such program with infants and children: Pro- Provided further, That in addition to the trans- That the amount made available pursuant to vided further, That the Secretary of Health and fer authority provided above, a uniform percent- section 927(c) of the Public Health Service Act Human Services is directed to collect fees in fis- age of the amounts appropriated in this Act to shall not exceed $318,695,000: Provided further, cal year 2006 from Medicare Advantage organi- each Institute and Center may be transferred That not more than $50,000,000 of these funds zations pursuant to section 1857(e)(2) of the So- and utilized for the National Institutes of shall be for the development of scientific evi- cial Security Act and from eligible organizations Health Roadmap for Medical Research: Pro- dence that supports the implementation and with risk-sharing contracts under section 1876 of vided further, That the amount utilized under evaluation of health care information tech- that Act pursuant to section 1876(k)(4)(D) of the preceding proviso shall not exceed nology systems. that Act: Provided further, That to the extent $250,000,000 without prior notification to the CENTERS FOR MEDICARE AND MEDICAID SERVICES Medicare claims volume is projected by the Cen- Committees on Appropriations of the House of GRANTS TO STATES FOR MEDICAID ters for Medicare and Medicaid Services (CMS) Representatives and the Senate: Provided fur- For carrying out, except as otherwise pro- to exceed 200,000,000 Part A claims and/or ther, That amounts transferred and utilized vided, titles XI and XIX of the Social Security 1,022,100,000 Part B claims, an additional under the preceding two provisos shall be in ad- Act, $156,954,419,000, to remain available until $32,500,000 shall be available for obligation for dition to amounts made available for the Road- expended. every 50,000,000 increase in Medicare claims vol- map for Medical Research from the Director’s For making, after May 31, 2006, payments to ume (including a pro rata amount for any incre- Discretionary Fund and to any amounts allo- States under title XIX of the Social Security Act ment less than 50,000,000) from the Federal Hos- cated to activities related to the Roadmap for the last quarter of fiscal year 2006 for unan- pital Insurance and the Federal Supplementary through the normal research priority-setting ticipated costs, incurred for the current fiscal Medical Insurance Trust Funds. process of individual Institutes and Centers: year, such sums as may be necessary. HEALTH MAINTENANCE ORGANIZATION LOAN AND Provided further, That of the funds provided For making payments to States or in the case LOAN GUARANTEE FUND $10,000 shall be for official reception and rep- of section 1928 on behalf of States under title For carrying out subsections (d) and (e) of resentation expenses when specifically approved XIX of the Social Security Act for the first quar- section 1308 of the Public Health Service Act, by the Director of NIH: Provided further, That ter of fiscal year 2007, $62,783,825,000, to remain any amounts received by the Secretary in con- the Office of AIDS Research within the Office of available until expended. nection with loans and loan guarantees under the Director, NIH may spend up to $4,000,000 to Payment under title XIX may be made for any title XIII of the Public Health Service Act, to be make grants for construction or renovation of quarter with respect to a State plan or plan available without fiscal year limitation for the

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28011 payment of outstanding obligations. During fis- to the amounts required to be reserved by the property of such grantees after a period of not cal year 2006, no commitments for direct loans or States under section 658G, $270,490,624 shall be more than 12 years after the end of the grant for loan guarantees shall be made. reserved by the States for activities authorized purposes and uses consistent with the original ADMINISTRATION FOR CHILDREN AND FAMILIES under section 658G, of which $99,200,000 shall be grant: Provided further, That funds appro- for activities that improve the quality of infant priated for section 680(a)(2) of the Community PAYMENTS TO STATES FOR CHILD SUPPORT and toddler care: Provided further, That Services Block Grant Act, as amended, shall be ENFORCEMENT AND FAMILY SUPPORT PROGRAMS $9,920,000 shall be for use by the Secretary for available for financing construction and reha- For making payments to States or other non- child care research, demonstration, and evalua- bilitation and loans or investments in private Federal entities under titles I, IV–D, X, XI, tion activities. business enterprises owned by community devel- XIV, and XVI of the Social Security Act and the SOCIAL SERVICES BLOCK GRANT opment corporations: Provided further, That Act of July 5, 1960 (24 U.S.C. ch. 9), For making grants to States pursuant to sec- $65,000,000 is for a compassion capital fund to $2,121,643,000, to remain available until ex- tion 2002 of the Social Security Act, provide grants to charitable organizations to pended; and for such purposes for the first $1,700,000,000: Provided, That notwithstanding emulate model social service programs and to quarter of fiscal year 2007, $1,200,000,000, to re- subparagraph (B) of section 404(d)(2) of such encourage research on the best practices of so- main available until expended. Act, the applicable percent specified under such cial service organizations: Provided further, For making payments to each State for car- subparagraph for a State to carry out State pro- That $15,879,000 shall be for activities author- rying out the program of Aid to Families with grams pursuant to title XX of such Act shall be ized by the Help America Vote Act of 2002, of Dependent Children under title IV–A of the So- 10 percent. which $11,000,000 shall be for payments to States cial Security Act before the effective date of the CHILDREN AND FAMILIES SERVICES PROGRAMS to promote access for voters with disabilities, program of Temporary Assistance for Needy (INCLUDING RESCISSION OF FUNDS) and of which $4,879,000 shall be for payments to Families (TANF) with respect to such State, States for protection and advocacy systems for such sums as may be necessary: Provided, That For carrying out, except as otherwise pro- voters with disabilities: Provided further, That the sum of the amounts available to a State with vided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and $110,000,000 shall be for making competitive respect to expenditures under such title IV–A in Bill of Rights Act, the Head Start Act, the Child grants to provide abstinence education (as de- fiscal year 1997 under this appropriation and Abuse Prevention and Treatment Act, sections fined by section 510(b)(2) of the Social Security under such title IV–A as amended by the Per- 310 and 316 of the Family Violence Prevention Act) to adolescents, and for Federal costs of ad- sonal Responsibility and Work Opportunity and Services Act, as amended, the Native Amer- ministering the grant: Provided further, That Reconciliation Act of 1996 shall not exceed the ican Programs Act of 1974, title II of Public Law grants under the immediately preceding proviso limitations under section 116(b) of such Act. 95–266 (adoption opportunities), the Adoption For making, after May 31 of the current fiscal shall be made only to public and private entities and Safe Families Act of 1997 (Public Law 105– year, payments to States or other non-Federal which agree that, with respect to an adolescent 89), sections 1201 and 1211 of the Children’s entities under titles I, IV–D, X, XI, XIV, and to whom the entities provide abstinence edu- Health Act of 2000, the Abandoned Infants As- XVI of the Social Security Act and the Act of cation under such grant, the entities will not sistance Act of 1988, sections 261 and 291 of the July 5, 1960 (24 U.S.C. ch. 9), for the last 3 provide to that adolescent any other education Help America Vote Act of 2002, part B(1) of title months of the current fiscal year for unantici- regarding sexual conduct, except that, in the IV and sections 413, 429A, 1110, and 1115 of the pated costs, incurred for the current fiscal year, case of an entity expressly required by law to Social Security Act, and sections 40155, 40211, such sums as may be necessary. provide health information or services the ado- and 40241 of Public Law 103–322; for making lescent shall not be precluded from seeking LOW-INCOME HOME ENERGY ASSISTANCE payments under the Community Services Block health information or services from the entity in For making payments under title XXVI of the Grant Act, sections 439(h), 473A, and 477(i) of a different setting than the setting in which ab- Omnibus Budget Reconciliation Act of 1981, the Social Security Act, and title IV of Public stinence education was provided: Provided fur- $2,000,000,000. Law 105–285, and for necessary administrative ther, That within amounts provided herein for For making payments under title XXVI of the expenses to carry out said Acts and titles I, IV, abstinence education for adolescents, up to Omnibus Budget Reconciliation Act of 1981, V, X, XI, XIV, XVI, and XX of the Social Secu- $10,000,000 may be available for a national ab- $183,000,000, to remain available until September rity Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), stinence education campaign: Provided further, 30, 2006: Provided, That these funds are for the the Omnibus Budget Reconciliation Act of 1981, That in addition to amounts provided herein for unanticipated home energy assistance needs of title IV of the Immigration and Nationality Act, abstinence education for adolescents, $4,500,000 one or more States, as authorized by section section 501 of the Refugee Education Assistance shall be available from amounts available under 2604(e) of such Act, and notwithstanding the Act of 1980, sections 40155, 40211, and 40241 of section 241 of the Public Health Service Act to designation requirement of section 2602(e) of Public Law 103–322, and section 126 and titles carry out evaluations (including longitudinal such Act. IV and V of Public Law 100–485, $8,922,213,000, evaluations) of adolescent pregnancy prevention REFUGEE AND ENTRANT ASSISTANCE of which $18,000,000, to remain available until approaches: Provided further, That $2,000,000 For necessary expenses for refugee and en- September 30, 2007, shall be for grants to States shall be for improving the Public Assistance Re- trant assistance activities and for costs associ- for adoption incentive payments, as authorized porting Information System, including grants to ated with the care and placement of unaccom- by section 473A of title IV of the Social Security States to support data collection for a study of panied alien children authorized by title IV of Act (42 U.S.C. 670–679) and may be made for the system’s effectiveness. the Immigration and Nationality Act and sec- adoptions completed before September 30, 2006: Of the funds provided under this heading in tion 501 of the Refugee Education Assistance Provided, That $6,843,114,000 shall be for mak- Public Law 108–447 to carry out section 473A of Act of 1980 (Public Law 96–422), for carrying out ing payments under the Head Start Act, of title IV of the Social Security Act (42 U.S.C. 670– section 462 of the Homeland Security Act of 2002 which $1,388,800,000 shall become available Oc- 679), $22,500,000 are rescinded. (Public Law 107–296), and for carrying out the tober 1, 2006, and remain available through Sep- PROMOTING SAFE AND STABLE FAMILIES Torture Victims Relief Act of 2003 (Public Law tember 30, 2007: Provided further, That For carrying out section 436 of the Social Se- 108–179), $575,579,000, of which up to $9,915,000 $701,590,000 shall be for making payments under curity Act, $305,000,000 and for section 437, shall be available to carry out the Trafficking the Community Services Block Grant Act: Pro- $90,000,000. Victims Protection Act of 2003 (Public Law 108– vided further, That not less than $7,367,000 shall PAYMENTS TO STATES FOR FOSTER CARE AND 193): Provided, That funds appropriated under be for section 680(3)(B) of the Community Serv- ADOPTION ASSISTANCE this heading pursuant to section 414(a) of the ices Block Grant Act: Provided further, That in Immigration and Nationality Act and section For making payments to States or other non- addition to amounts provided herein, $6,000,000 Federal entities under title IV–E of the Social 462 of the Homeland Security Act of 2002 for fis- shall be available from amounts available under cal year 2006 shall be available for the costs of Security Act, $4,852,800,000. section 241 of the Public Health Service Act to For making payments to States or other non- assistance provided and other activities to re- carry out the provisions of section 1110 of the main available through September 30, 2008. Federal entities under title IV–E of the Act, for Social Security Act: Provided further, That to the first quarter of fiscal year 2007, PAYMENTS TO STATES FOR THE CHILD CARE AND the extent Community Services Block Grant $1,730,000,000. DEVELOPMENT BLOCK GRANT funds are distributed as grant funds by a State For making, after May 31 of the current fiscal For carrying out sections 658A through 658R to an eligible entity as provided under the Act, year, payments to States or other non-Federal of the Omnibus Budget Reconciliation Act of and have not been expended by such entity, entities under section 474 of title IV–E, for the 1981 (The Child Care and Development Block they shall remain with such entity for carryover last 3 months of the current fiscal year for un- Grant Act of 1990), $2,082,910,000 shall be used into the next fiscal year for expenditure by such anticipated costs, incurred for the current fiscal to supplement, not supplant State general rev- entity consistent with program purposes: Pro- year, such sums as may be necessary. enue funds for child care assistance for low-in- vided further, That the Secretary shall establish come families: Provided, That $18,967,040 shall procedures regarding the disposition of intan- ADMINISTRATION ON AGING be available for child care resource and referral gible property which permits grant funds, or in- AGING SERVICES PROGRAMS and school-aged child care activities, of which tangible assets acquired with funds authorized For carrying out, to the extent not otherwise $992,000 shall be for the Child Care Aware toll- under section 680 of the Community Services provided, the Older Americans Act of 1965, as free hotline: Provided further, That, in addition Block Grant Act, as amended, to become the sole amended, and section 398 of the Public Health

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Service Act, $1,376,624,000, of which $5,500,000 cases for which non-payment is a Federal of- (TRANSFER OF FUNDS) shall be available for activities regarding medi- fense under 18 U.S.C. 228. SEC. 208. Not to exceed 1 percent of any discre- cation management, screening, and education to OFFICE FOR CIVIL RIGHTS tionary funds (pursuant to the Balanced Budget prevent incorrect medication and adverse drug For expenses necessary for the Office for Civil and Emergency Deficit Control Act of 1985, as reactions. Rights, $31,682,000, together with not to exceed amended) which are appropriated for the cur- OFFICE OF THE SECRETARY $3,314,000 to be transferred and expended as au- rent fiscal year for the Department of Health GENERAL DEPARTMENTAL MANAGEMENT thorized by section 201(g)(1) of the Social Secu- and Human Services in this Act may be trans- For necessary expenses, not otherwise pro- rity Act from the Hospital Insurance Trust ferred between a program, project, or activity, vided, for general departmental management, Fund and the Supplemental Medical Insurance but no such program, project, or activity shall including hire of six sedans, and for carrying Trust Fund. be increased by more than 3 percent by any such transfer: Provided, That a program, project, or out titles III, XVII, XX, and XXI of the Public RETIREMENT PAY AND MEDICAL BENEFITS FOR activity may be increased by up to an additional Health Service Act, the United States-Mexico COMMISSIONED OFFICERS 2 percent subject to approval by the House and Border Health Commission Act, and research For retirement pay and medical benefits of studies under section 1110 of the Social Security Senate Committees on Appropriations: Provided Public Health Service Commissioned Officers as further, That the transfer authority granted by Act, $352,703,000, together with $5,851,000 to be authorized by law, for payments under the Re- transferred and expended as authorized by sec- this section shall be available only to meet emer- tired Serviceman’s Family Protection Plan and gency needs and shall not be used to create any tion 201(g)(1) of the Social Security Act from the Survivor Benefit Plan, for medical care of de- Hospital Insurance Trust Fund and the Supple- new program or to fund any project or activity pendents and retired personnel under the De- for which no funds are provided in this Act: mental Medical Insurance Trust Fund, and pendents’ Medical Care Act (10 U.S.C. chapter $39,552,000 from the amounts available under Provided further, That the Appropriations Com- 55), such amounts as may be required during the mittees of both Houses of Congress are notified section 241 of the Public Health Service Act to current fiscal year. carry out national health or human services re- at least 15 days in advance of any transfer. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY search and evaluation activities: Provided, That (TRANSFER OF FUNDS) FUND of the funds made available under this heading SEC. 209. The Director of the National Insti- for carrying out title XX of the Public Health For expenses necessary to support activities tutes of Health, jointly with the Director of the Service Act, $13,120,000 shall be for activities related to countering potential biological, dis- Office of AIDS Research, may transfer up to 3 specified under section 2003(b)(2), all of which ease, nuclear, radiological and chemical threats percent among institutes and centers from the shall be for prevention service demonstration to civilian populations, and to ensure a year- total amounts identified by these two Directors grants under section 510(b)(2) of title V of the round influenza vaccine production capacity, as funding for research pertaining to the human Social Security Act, as amended, without appli- the development and implementation of rapidly immunodeficiency virus: Provided, That the cation of the limitation of section 2010(c) of said expandable influenza vaccine production tech- Congress is promptly notified of the transfer. title XX: Provided further, That of this amount, nologies, and if determined necessary by the (TRANSFER OF FUNDS) $52,415,000 shall be for minority AIDS preven- Secretary, the purchase of influenza vaccine, SEC. 210. Of the amounts made available in tion and treatment activities; and $5,952,000 $63,589,000. this Act for the National Institutes of Health, shall be to assist Afghanistan in the develop- GENERAL PROVISIONS the amount for research related to the human immunodeficiency virus, as jointly determined ment of maternal and child health clinics, con- SEC. 201. Funds appropriated in this title shall by the Director of the National Institutes of sistent with section 103(a)(4)(H) of the Afghani- be available for not to exceed $50,000 for official Health and the Director of the Office of AIDS stan Freedom Support Act of 2002: Provided fur- reception and representation expenses when Research, shall be made available to the ‘‘Office ther, That specific information requests from the specifically approved by the Secretary. of AIDS Research’’ account. The Director of the chairmen and ranking members of the Sub- SEC. 202. The Secretary shall make available Office of AIDS Research shall transfer from committees on Labor, Health and Human Serv- through assignment not more than 60 employees such account amounts necessary to carry out ices, and Education, and Related Agencies, on of the Public Health Service to assist in child section 2353(d)(3) of the Public Health Service scientific research or any other matter, shall be survival activities and to work in AIDS pro- Act. transmitted to the Committees on Appropria- grams through and with funds provided by the tions in a prompt professional manner and with- SEC. 211. None of the funds appropriated in Agency for International Development, the this Act may be made available to any entity in the time frame specified in the request: Pro- United Nations International Children’s Emer- vided further, That scientific information re- under title X of the Public Health Service Act gency Fund or the World Health Organization. unless the applicant for the award certifies to quested by the Committees on Appropriations SEC. 203. None of the funds appropriated in and prepared by government researchers and the Secretary that it encourages family partici- this Act may be used to implement section pation in the decision of minors to seek family scientists shall be transmitted to the Committees 399F(b) of the Public Health Service Act or sec- on Appropriations, uncensored and without planning services and that it provides coun- tion 1503 of the National Institutes of Health seling to minors on how to resist attempts to co- delay. Revitalization Act of 1993, Public Law 103–43. OFFICE OF MEDICARE HEARINGS AND APPEALS erce minors into engaging in sexual activities. SEC. 204. None of the funds appropriated in SEC. 212. None of the funds appropriated by For expenses necessary for administrative law this Act for the National Institutes of Health, this Act (including funds appropriated to any judges responsible for hearing cases under title the Agency for Healthcare Research and Qual- trust fund) may be used to carry out the Medi- XVIII of the Social Security Act (and related ity, and the Substance Abuse and Mental care Advantage program if the Secretary denies provisions of title XI of such Act), $60,000,000, to Health Services Administration shall be used to participation in such program to an otherwise be transferred in appropriate part from the Fed- pay the salary of an individual, through a eligible entity (including a Provider Sponsored eral Hospital Insurance and the Federal Supple- grant or other extramural mechanism, at a rate Organization) because the entity informs the mentary Medical Insurance Trust Funds. in excess of Executive Level I. Secretary that it will not provide, pay for, pro- OFFICE OF THE NATIONAL COORDINATOR FOR SEC. 205. None of the funds appropriated in vide coverage of, or provide referrals for abor- HEALTH INFORMATION TECHNOLOGY this title for Head Start shall be used to pay the tions: Provided, That the Secretary shall make For expenses necessary for the Office of the compensation of an individual, either as direct appropriate prospective adjustments to the capi- National Coordinator for Health Information costs or any proration as an indirect cost, at a tation payment to such an entity (based on an Technology, including grants, contracts and co- rate in excess of Executive Level II. actuarially sound estimate of the expected costs operative agreements for the development and SEC. 206. None of the funds appropriated in of providing the service to such entity’s enroll- advancement of an interoperable national this Act may be expended pursuant to section ees): Provided further, That nothing in this sec- health information technology infrastructure, 241 of the Public Health Service Act, except for tion shall be construed to change the Medicare $42,800,000: Provided, That in addition to funds specifically provided for in this Act, or for program’s coverage for such services and a amounts provided herein, $18,900,000 shall be other taps and assessments made by any office Medicare Advantage organization described in available from amounts available under section located in the Department of Health and Human this section shall be responsible for informing 241 of the Public Health Service Act to carry out Services, prior to the Secretary’s preparation enrollees where to obtain information about all health information technology network develop- and submission of a report to the Committee on Medicare covered services. ment. Appropriations of the Senate and of the House SEC. 213. Notwithstanding any other provision OFFICE OF INSPECTOR GENERAL detailing the planned uses of such funds. of law, no provider of services under title X of For expenses necessary for the Office of In- SEC. 207. Notwithstanding section 241(a) of the Public Health Service Act shall be exempt spector General, including the hire of passenger the Public Health Service Act, such portion as from any State law requiring notification or the motor vehicles for investigations, in carrying out the Secretary shall determine, but not more than reporting of child abuse, child molestation, sex- the provisions of the Inspector General Act of 2.4 percent, of any amounts appropriated for ual abuse, rape, or incest. 1978, as amended, $39,813,000: Provided, That of programs authorized under said Act shall be SEC. 214. (a) Except as provided by subsection such amount, necessary sums are available for made available for the evaluation (directly, or (e) none of the funds appropriated by this Act providing protective services to the Secretary by grants or contracts) of the implementation may be used to withhold substance abuse fund- and investigating non-payment of child support and effectiveness of such programs. ing from a State pursuant to section 1926 of the

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28013 Public Health Service Act (42 U.S.C. 300x–26) if agement/administrative and occupational health priations for fiscal year 2006 to carry out the such State certifies to the Secretary of Health professionals. Head Start Act, whichever date is earlier. and Human Services by May 1, 2006, that the SEC. 217. (a) AUTHORITY.—Notwithstanding SEC. 224. Section 1310.12(a) of title 45 of the State will commit additional State funds, in ac- any other provision of law, the Director of the Code of Federal Regulations (October 1, 2004) cordance with subsection (b), to ensure compli- National Institutes of Health may use funds shall not be effective until June 30, 2006 or 60 ance with State laws prohibiting the sale of to- available under section 402(i) of the Public days after the date of the enactment of a statute bacco products to individuals under 18 years of Health Service Act (42 U.S.C. 282(i)) to enter that authorizes appropriations for fiscal year age. into transactions (other than contracts, cooper- 2006 to carry out the Head Start Act, whichever (b) The amount of funds to be committed by a ative agreements, or grants) to carry out re- date is earlier. State under subsection (a) shall be equal to 1 search in support of the NIH Roadmap for Med- (RESCISSION) percent of such State’s substance abuse block ical Research. SEC. 225. The unobligated balance of the grant allocation for each percentage point by (b) PEER REVIEW.—In entering into trans- Health Professions Student Loan program au- which the State misses the retailer compliance actions under subsection (a), the Director of the thorized in Subpart II, Federally-Supported Stu- rate goal established by the Secretary of Health National Institutes of Health may utilize such dent Loan Funds, of title VII of the Public and Human Services under section 1926 of such peer review procedures (including consultation Health Services Act is rescinded. Act. with appropriate scientific experts) as the Direc- (RESCISSION) (c) The State is to maintain State expenditures tor determines to be appropriate to obtain as- SEC. 226. The unobligated balance of the Nurs- in fiscal year 2006 for tobacco prevention pro- sessments of scientific and technical merit. Such ing Student Loan program authorized by section grams and for compliance activities at a level procedures shall apply to such transactions in 835 of the Public Health Services Act is re- that is not less than the level of such expendi- lieu of the peer review and advisory council re- scinded. tures maintained by the State for fiscal year view procedures that would otherwise be re- SEC. 227. In addition to any other amounts 2005, and adding to that level the additional quired under sections 301(a)(3), 405(b)(1)(B), available for such travel, and notwithstanding funds for tobacco compliance activities required 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public any other provision of law, amounts available under subsection (a). The State is to submit a Health Service Act (42 U.S.C. 241, 284(b)(1)(B), from this or any other appropriation for the report to the Secretary on all fiscal year 2005 284(b)(2), 284a(a)(3)(A), 289a, and 289c). purchase, hire, maintenance, or operation of State expenditures and all fiscal year 2006 obli- SEC. 218. Funds which are available for Indi- aircraft by the Centers for Disease Control and gations for tobacco prevention and compliance vidual Learning Accounts for employees of the Prevention shall be available for travel by the activities by program activity by July 31, 2006. Centers for Disease Control and Prevention and Secretary of Health and Human Services, the (d) The Secretary shall exercise discretion in the Agency for Toxic Substances and Disease Director of the Centers for Disease Control and enforcing the timing of the State obligation of Registry may be transferred to ‘‘Disease Control, Prevention, and employees of the Department of the additional funds required by the certifi- Research, and Training,’’ to be available only Health and Human Services accompanying the cation described in subsection (a) as late as July for Individual Learning Accounts: Provided, Secretary or the Director during such travel. 31, 2006. That such funds may be used for any individual This title may be cited as the ‘‘Department of (e) None of the funds appropriated by this Act full-time equivalent employee while such em- Health and Human Services Appropriations Act, may be used to withhold substance abuse fund- ployee is employed either by CDC or ATSDR. 2006’’. ing pursuant to section 1926 from a territory SEC. 219. Notwithstanding any other provi- TITLE III—DEPARTMENT OF EDUCATION that receives less than $1,000,000. sions of law, funds made available in this Act EDUCATION FOR THE DISADVANTAGED SEC. 215. In order for the Centers for Disease may be used to continue operating the Council Control and Prevention to carry out inter- on Graduate Medical Education established by For carrying out title I of the Elementary and national health activities, including HIV/AIDS section 301 of Public Law 102–408. Secondary Education Act of 1965 (‘‘ESEA’’) and and other infectious disease, chronic and envi- (RESCISSION OF FUNDS) section 418A of the Higher Education Act of 1965, $14,627,435,000, of which $7,073,126,000 ronmental disease, and other health activities SEC. 220. The unobligated balance in the shall become available on July 1, 2006, and shall abroad during fiscal year 2006, the Secretary of amount of $10,000,000 appropriated by Public remain available through September 30, 2007, Health and Human Services— Law 108–11 under the heading ‘‘Public Health and of which $7,383,301,000 shall become avail- (1) may exercise authority equivalent to that and Social Services Emergency Fund’’ are re- able on October 1, 2006, and shall remain avail- available to the Secretary of State in section 2(c) scinded. able through September 30, 2007 for academic of the State Department Basic Authorities Act of SEC. 221. (a) The Headquarters and Emer- year 2006–2007: Provided, That $6,934,854,000 1956 (22 U.S.C. 2669(c)). The Secretary of Health gency Operations Center Building (Building 21) shall be for basic grants under section 1124: Pro- and Human Services shall consult with the Sec- at the Centers for Disease Control and Preven- vided further, That up to $3,472,000 of these retary of State and relevant Chief of Mission to tion is hereby renamed as the Arlen Specter funds shall be available to the Secretary of Edu- ensure that the authority provided in this sec- Headquarters and Emergency Operations Cen- cation on October 1, 2005, to obtain annually tion is exercised in a manner consistent with ter. updated educational-agency-level census pov- section 207 of the Foreign Service Act of 1980 (22 (b) The Global Communications Center Build- erty data from the Bureau of the Census: Pro- U.S.C. 3927) and other applicable statutes ad- ing (Building 19) at the Centers for Disease Con- vided further, That $1,365,031,000 shall be for ministered by the Department of State, and trol and Prevention is hereby renamed as the concentration grants under section 1124A: Pro- (2) is authorized to provide such funds by ad- Thomas R. Harkin Global Communications Cen- vided further, That $2,269,843,000 shall be for vance or reimbursement to the Secretary of State ter. targeted grants under section 1125: Provided as may be necessary to pay the costs of acquisi- SEC. 222. None of the funds made available tion, lease, alteration, renovation, and manage- under this Act may be used to implement or en- further, That $2,269,843,000 shall be for edu- ment of facilities outside of the United States for force the interim final rule published in the Fed- cation finance incentive grants under section the use of the Department of Health and Human eral Register by the Centers for Medicare & 1125A: Provided further, That $9,424,000 shall be Services. The Department of State shall cooper- Medicaid Services on August 26, 2005 (70 Fed. to carry out part E of title I: Provided further, ate fully with the Secretary of Health and Reg. 50940) prior to April 1, 2006. That $8,000,000 shall be available for section 1608 of the ESEA, of which $1,465,000 shall be Human Services to ensure that the Department SEC. 223. (a) For fiscal year 2006 and subject of Health and Human Services has secure, safe, to subsection (b), the Secretary of Health and available for a continuation award for the com- functional facilities that comply with applicable Human Services may waive the requirements of prehensive school reform clearinghouse pre- regulation governing location, setback, and regulations promulgated under the Head Start viously funded under the heading ‘‘Innovation other facilities requirements and serve the pur- Act (42 U.S.C. 9831 et seq.), for one or more vehi- and Improvement’’ in title III of division F of poses established by this Act. The Secretary of cles used by a Head Start agency or an Early Public Law 108–447. Health and Human Services is authorized, in Head Start entity (or the designee of either) in IMPACT AID consultation with the Secretary of State, transporting children enrolled in a Head Start For carrying out programs of financial assist- through grant or cooperative agreement, to program or an Early Head Start program if— ance to federally affected schools authorized by make available to public or nonprofit private in- (1) such requirements pertain to child re- title VIII of the Elementary and Secondary Edu- stitutions or agencies in participating foreign straint systems or vehicle monitors; cation Act of 1965, $1,240,862,000, of which countries, funds to acquire, lease, alter, or ren- (2) the agency or entity demonstrates that $1,102,896,000 shall be for basic support pay- ovate facilities in those countries as necessary to compliance with such requirements will result in ments under section 8003(b), $49,966,000 shall be conduct programs of assistance for international a significant disruption to the Head Start pro- for payments for children with disabilities under health activities, including activities relating to gram or the Early Head Start program; and section 8003(d), $18,000,000 shall be for construc- HIV/AIDS and other infectious diseases, chronic (3) waiving such requirements is in the best tion under section 8007(a), $65,000,000 shall be and environmental diseases, and other health interest of the children involved. for Federal property payments under section activities abroad. (b) The Secretary of Health and Human Serv- 8002, and $5,000,000, to remain available until SEC. 216. The Division of Federal Occupa- ices may not issue any waiver under subsection expended, shall be for facilities maintenance tional Health hereafter may utilize personal (a) after September 30, 2006, or the date of the under section 8008: Provided, That for purposes services contracting to employ professional man- enactment of a statute that authorizes appro- of computing the amount of a payment for an

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 28014 CONGRESSIONAL RECORD—HOUSE December 13, 2005 eligible local educational agency under section Departments of Labor, Health and Human Serv- Center for Civic Education to implement a com- 8003(a) of the Elementary and Secondary Edu- ices, and Education for such services. prehensive program to improve public knowl- cation Act (20 U.S.C. 7703(a)) for school year INDIAN EDUCATION edge, understanding, and support of the Con- 2005–2006, children enrolled in a school of such For expenses necessary to carry out, to the ex- gress and the State legislatures. agency that would otherwise be eligible for pay- tent not otherwise provided, title VII, part A of ENGLISH LANGUAGE ACQUISITION ment under section 8003(a)(1)(B) of such Act, the Elementary and Secondary Education Act of For carrying out part A of title III of the but due to the deployment of both parents or 1965, $119,889,000. ESEA, $675,765,000, which shall become avail- legal guardians, or a parent or legal guardian INNOVATION AND IMPROVEMENT able on July 1, 2006, and shall remain available having sole custody of such children, or due to through September 30, 2007, except that 6.5 per- the death of a military parent or legal guardian For carrying out activities authorized by parts G and H of title I, subpart 5 of part A and parts cent of such amount shall be available on Octo- while on active duty (so long as such children ber 1, 2005 and shall remain available through reside on Federal property as described in sec- C and D of title II, parts B, C, and D of title V, and section 1504 of the Elementary and Sec- September 30, 2007, to carry out activities under tion 8003(a)(1)(B)), are no longer eligible under section 3111(c)(1)(C). such section, shall be considered as eligible stu- ondary Education Act of 1965 (‘‘ESEA’’), dents under such section, provided such stu- $945,947,000, of which $95,000,000 shall become SPECIAL EDUCATION dents remain in average daily attendance at a available on July 1, 2006 and remain available For carrying out the Individuals with Disabil- school in the same local educational agency until September 30, 2007: Provided, That ities Education Act, $11,770,607,000, of which they attended prior to their change in eligibility $16,864,000 shall be available to carry out sec- $6,141,604,000 shall become available on July 1, status. tion 2151(c) of the ESEA, of which not less than 2006, and shall remain available through Sep- $9,920,000 shall be provided to the National tember 30, 2007, and of which $5,424,200,000 shall SCHOOL IMPROVEMENT PROGRAMS Board for Professional Teaching Standards, and become available on October 1, 2006, and shall For carrying out school improvement activities not less than $6,944,000 shall be provided to the remain available through September 30, 2007, for authorized by title II, part B of title IV, part A American Board for the Certification of Teacher academic year 2006–2007: Provided, That and subparts 6 and 9 of part D of title V, parts Excellence: Provided further, That from funds $12,000,000 shall be for Recording for the Blind A and B of title VI, and parts B and C of title for subpart 4, part C of title II, up to 3 percent and Dyslexic, Inc., to support the development, VII of the Elementary and Secondary Education shall be available to the Secretary for technical production, and circulation of recorded edu- Act of 1965 (‘‘ESEA’’); the McKinney-Vento assistance and dissemination of information: cational materials: Provided further, That Homeless Assistance Act; section 203 of the Edu- Provided further, That $36,981,000 shall be for $1,500,000 shall be for the recipient of funds pro- cational Technical Assistance Act of 2002; the subpart 2 of part B of title V: Provided further, vided by Public Law 105–78 under section Compact of Free Association Amendments Act of That $260,111,000 shall be available to carry out 687(b)(2)(G) of the Act (as in effect prior to the 2003; and the Civil Rights Act of 1964, part D of title V of the ESEA, of which enactment of the Individuals with Disabilities $5,308,564,000, of which $3,676,482,000 shall be- $100,000,000 of the funds for subpart 1 shall be Education Improvement Act of 2004) to provide come available on July 1, 2006, and remain for competitive grants to local educational agen- information on diagnosis, intervention, and available through September 30, 2007, and of cies, including charter schools that are local teaching strategies for children with disabilities: which $1,435,000,000 shall become available on educational agencies, or States, or partnerships Provided further, That the amount for section October 1, 2006, and shall remain available of (1) a local educational agency, a State, or 611(b)(2) of the Act shall be equal to the amount through September 30, 2007, for academic year both and (2) at least one non-profit organiza- available for that activity during fiscal year 2006–2007: Provided, That funds made available tion to develop and implement performance- 2005, increased by the amount of inflation as to carry out part B of title VII of the ESEA may based teacher and principal compensation sys- specified in section 619(d)(2)(B) of the Act. be used for construction, renovation and mod- tems in high-need schools: Provided further, REHABILITATION SERVICES AND DISABILITY ernization of any elementary school, secondary That such performance-based compensation sys- RESEARCH tems must consider gains in student academic school, or structure related to an elementary For carrying out, to the extent not otherwise achievement as well as classroom evaluations school or secondary school, run by the Depart- provided, the Rehabilitation Act of 1973, the As- conducted multiple times during each school ment of Education of the State of Hawaii, that sistive Technology Act of 1998 (‘‘the AT Act’’), year among other factors and provide educators serves a predominantly Native Hawaiian stu- and the Helen Keller National Center Act, with incentives to take on additional respon- dent body: Provided further, That from the $3,129,638,000, of which $1,000,000 shall be sibilities and leadership roles: Provided further, funds referred to in the preceding proviso, not awarded to the American Academy of Orthotists That five percent of such funds for competitive less than $1,250,000 shall be for a grant to the and Prosthetists for activities that further the grants shall become available on October 1, 2005 Department of Education of the State of Hawaii purposes of the grant received by the Academy for technical assistance, training, peer review of for the activities described in such proviso, and for the period beginning October 1, 2003, includ- applications, program outreach and evaluation $1,250,000 shall be for a grant to the University ing activities to meet the demand for orthotic activities and that 95 percent shall become of Hawaii School of Law for a Center of Excel- and prosthetic provider services and improve pa- available on July 1, 2006 and remain available lence in Native Hawaiian law: Provided further, tient care: Provided, That $30,760,000 shall be through September 30, 2007 for competitive That funds made available to carry out part C used for carrying out the AT Act, including grants. of title VII of the ESEA may be used for con- $4,385,000 for State grants for protection and ad- structions: Provided further, That up to 100 per- SAFE SCHOOLS AND CITIZENSHIP EDUCATION vocacy under section 5 of the AT Act and cent of the funds available to a State edu- For carrying out activities authorized by sub- $3,760,000 shall be for alternative financing pro- cational agency under part D of title II of the part 3 of part C of title II, part A of title IV, and grams under section 4(b)(2)(D) of the AT Act: ESEA may be used for subgrants described in subparts 2, 3 and 10 of part D of title V of the Provided further, That the Federal share of section 2412(a)(2)(B) of such Act: Provided fur- Elementary and Secondary Education Act of grants for alternative financing programs shall ther, That $411,680,000 shall be for State assess- 1965 (‘‘ESEA’’), $736,886,000, of which not exceed 75 percent, and the requirements in ments and related activities authorized under $350,000,000 shall become available on July 1, section 301(c)(2) and section 302 of the AT Act sections 6111 and 6112 of the ESEA: Provided 2006 and remain available through September 30, (as in effect on the day before the date of enact- further, That $56,825,000 shall be available to 2007: Provided, That of the amount available for ment of the Assistive Technology Act of 2004) carry out section 203 of the Educational Tech- subpart 2 of part A of title IV of the ESEA, shall not apply to such grants. nical Assistance Act of 2002: Provided further, $850,000 shall be used to continue the National SPECIAL INSTITUTIONS FOR PERSONS WITH That $31,693,000 shall be available to carry out Recognition Awards program under the same DISABILITIES part D of title V of the ESEA: Provided further, guidelines outlined by section 120(f) of Public That no funds appropriated under this heading Law 105–244: Provided further, That $350,000,000 AMERICAN PRINTING HOUSE FOR THE BLIND may be used to carry out section 5494 under the shall be available for subpart 1 of part A of title For carrying out the Act of March 3, 1879, as ESEA: Provided further, That $12,132,000 shall IV and $224,580,000 shall be available for sub- amended (20 U.S.C. 101 et seq.), $17,750,000. be available to carry out the Supplemental Edu- part 2 of part A of title IV, of which not less NATIONAL TECHNICAL INSTITUTE FOR THE DEAF cation Grants program for the Federated States than $1,449,000, to remain available until ex- For the National Technical Institute for the of Micronesia, and $6,051,000 shall be available pended, shall be for the Project School Emer- Deaf under titles I and II of the Education of to carry out the Supplemental Education Grants gency Response to Violence program to provide the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), program for the Republic of the Marshall Is- education-related services to local educational $56,708,000, of which $800,000 shall be for con- lands: Provided further, That up to 5 percent of agencies in which the learning environment has struction and shall remain available until ex- these amounts may be reserved by the Federated been disrupted due to a violent or traumatic cri- pended: Provided, That from the total amount States of Micronesia and the Republic of the sis: Provided further, That $132,901,000 shall be available, the Institute may at its discretion use Marshall Islands to administer the Supple- available to carry out part D of title V of the funds for the endowment program as authorized mental Education Grants programs and to ob- ESEA: Provided further, That of the funds under section 207. tain technical assistance, oversight and available to carry out subpart 3 of part C of title GALLAUDET UNIVERSITY consultancy services in the administration of II, up to $12,194,000 may be used to carry out For the Kendall Demonstration Elementary these grants and to reimburse the United States section 2345 and $3,025,000 shall be used by the School, the Model Secondary School for the

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Deaf, and the partial support of Gallaudet Uni- HIGHER EDUCATION provided to carry out title I, parts B and D of versity under titles I and II of the Education of For carrying out, to the extent not otherwise Public Law 107–279, not less than $25,257,000 the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), provided, titles II, III, IV, V, VI, and VII of the shall be for the national research and develop- $108,079,000: Provided, That from the total Higher Education Act of 1965 (‘‘HEA’’), as ment centers authorized under section 133(c). amount available, the University may at its dis- amended, section 1543 of the Higher Education DEPARTMENTAL MANAGEMENT cretion use funds for the endowment program as Amendments of 1992, the Mutual Educational authorized under section 207. PROGRAM ADMINISTRATION and Cultural Exchange Act of 1961, title VIII of For carrying out, to the extent not otherwise VOCATIONAL AND ADULT EDUCATION the Higher Education Amendments of 1998, and provided, the Department of Education Organi- For carrying out, to the extent not otherwise section 117 of the Carl D. Perkins Vocational zation Act, including rental of conference rooms provided, the Carl D. Perkins Vocational and and Technical Education Act, $1,970,760,000: in the District of Columbia and hire of three Technical Education Act of 1998, the Adult Edu- Provided, That $9,797,000, to remain available passenger motor vehicles, $415,303,000. cation and Family Literacy Act, title VIII–D of through September 30, 2007, shall be available to the Higher Education Amendments of 1998, and fund fellowships for academic year 2007–2008 OFFICE FOR CIVIL RIGHTS subpart 4 of part D of title V of the Elementary under part A, subpart 1 of title VII of said Act, For expenses necessary for the Office for Civil and Secondary Education Act of 1965 under the terms and conditions of part A, sub- Rights, as authorized by section 203 of the De- (‘‘ESEA’’), $2,012,282,000, of which $1,216,558,000 part 1: Provided further, That notwithstanding partment of Education Organization Act, shall become available on July 1, 2006 and shall any other provision of law or any regulation, $91,526,000. remain available through September 30, 2007 and the Secretary of Education shall not require the OFFICE OF THE INSPECTOR GENERAL of which $791,000,000 shall become available on use of a restricted indirect cost rate for grants For expenses necessary for the Office of the October 1, 2006 and shall remain available issued pursuant to section 117 of the Carl D. Inspector General, as authorized by section 212 through September 30, 2007: Provided, That of Perkins Vocational and Technical Education of the Department of Education Organization the amount provided for Adult Education State Act of 1998: Provided further, That $980,000 is Act, $49,000,000. Grants, $68,582,000 shall be made available for for data collection and evaluation activities for GENERAL PROVISIONS integrated English literacy and civics education programs under the HEA, including such activi- SEC. 301. No funds appropriated in this Act services to immigrants and other limited English ties needed to comply with the Government Per- may be used for the transportation of students proficient populations: Provided further, That formance and Results Act of 1993: Provided fur- or teachers (or for the purchase of equipment for of the amount reserved for integrated English ther, That notwithstanding any other provision such transportation) in order to overcome racial literacy and civics education, notwithstanding of law, funds made available in this Act to carry imbalance in any school or school system, or for section 211 of the Adult Education and Family out title VI of the HEA and section 102(b)(6) of the transportation of students or teachers (or Literacy Act, 65 percent shall be allocated to the Mutual Educational and Cultural Exchange for the purchase of equipment for such trans- States based on a State’s absolute need as deter- Act of 1961 may be used to support visits and portation) in order to carry out a plan of racial mined by calculating each State’s share of a 10- study in foreign countries by individuals who desegregation of any school or school system. year average of the Immigration and Natu- are participating in advanced foreign language SEC. 302. None of the funds contained in this ralization Service data for immigrants admitted training and international studies in areas that Act shall be used to require, directly or indi- for legal permanent residence for the 10 most re- are vital to United States national security and rectly, the transportation of any student to a cent years, and 35 percent allocated to States who plan to apply their language skills and school other than the school which is nearest that experienced growth as measured by the av- knowledge of these countries in the fields of the student’s home, except for a student requir- erage of the 3 most recent years for which Immi- government, the professions, or international ing special education, to the school offering gration and Naturalization Service data for im- development: Provided further, That of the such special education, in order to comply with migrants admitted for legal permanent residence funds referred to in the preceding proviso up to title VI of the Civil Rights Act of 1964. For the are available, except that no State shall be allo- 1 percent may be used for program evaluation, purpose of this section an indirect requirement cated an amount less than $60,000: Provided fur- national outreach, and information dissemina- of transportation of students includes the trans- ther, That of the amounts made available for tion activities: Provided further, That the funds the Adult Education and Family Literacy Act, portation of students to carry out a plan involv- provided for title II of the HEA shall be allo- $9,096,000 shall be for national leadership activi- ing the reorganization of the grade structure of cated notwithstanding section 210 of such Act. ties under section 243 and $6,638,000 shall be for schools, the pairing of schools, or the clustering the National Institute for Literacy under section HOWARD UNIVERSITY of schools, or any combination of grade restruc- 242: Provided further, That $94,476,000 shall be For partial support of Howard University (20 turing, pairing or clustering. The prohibition available to support the activities authorized U.S.C. 121 et seq.), $239,790,000, of which not described in this section does not include the es- under subpart 4 of part D of title V of the Ele- less than $3,562,000 shall be for a matching en- tablishment of magnet schools. mentary and Secondary Education Act of 1965, dowment grant pursuant to the Howard Univer- SEC. 303. No funds appropriated in this Act of which up to 5 percent shall become available sity Endowment Act (Public Law 98–480) and may be used to prevent the implementation of October 1, 2005 and shall remain available shall remain available until expended. programs of voluntary prayer and meditation in through September 30, 2007, for evaluation, COLLEGE HOUSING AND ACADEMIC FACILITIES the public schools. technical assistance, school networks, peer re- LOANS PROGRAM (TRANSFER OF FUNDS) view of applications, and program outreach ac- For Federal administrative expenses to carry SEC. 304. Not to exceed 1 percent of any discre- tivities, and of which not less than 95 percent out activities related to existing facility loans tionary funds (pursuant to the Balanced Budget shall become available on July 1, 2006, and re- pursuant to section 121 of the Higher Education and Emergency Deficit Control Act of 1985, as main available through September 30, 2007, for Act of 1965, as amended $573,000. amended) which are appropriated for the De- grants to local educational agencies: Provided partment of Education in this Act may be trans- further, That funds made available to local edu- HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING PROGRAM ACCOUNT ferred between appropriations, but no such ap- cational agencies under this subpart shall be propriation shall be increased by more than 3 used only for activities related to establishing The aggregate principal amount of out- percent by any such transfer: Provided, That smaller learning communities within large high standing bonds insured pursuant to section 344 the Appropriations Committees of both Houses schools or small high schools that provide alter- of title III, part D of the Higher Education Act of Congress are notified at least 15 days in ad- natives for students enrolled in large high of 1965, shall not exceed $357,000,000, and the vance of any transfer. schools: Provided further, That $23,000,000 shall cost, as defined in section 502 of the Congres- SEC. 305. For an additional amount to carry be for Youth Offender Grants. sional Budget Act of 1974, of such bonds shall out subpart 1 of part A of title IV of the Higher STUDENT FINANCIAL ASSISTANCE not exceed zero. Education Act of 1965 for the purpose of elimi- For administrative expenses to carry out the For carrying out subparts 1, 3, and 4 of part nating the estimated accumulated shortfall of Historically Black College and University Cap- A, part C and part E of title IV of the Higher budget authority for such subpart, ital Financing Program entered into pursuant to Education Act of 1965, as amended, $4,300,000,000, pursuant to section 303 of H. Con. title III, part D of the Higher Education Act of $15,077,752,000, which shall remain available Res. 95 (109th Congress), the concurrent resolu- 1965, as amended, $210,000. through September 30, 2007. tion on the budget for fiscal year 2006. The maximum Pell Grant for which a student INSTITUTE OF EDUCATION SCIENCES SEC. 306. Subpart 12 of part D of title V of the shall be eligible during award year 2006–2007 For carrying out activities authorized by the Elementary and Secondary Education Act of shall be $4,050. Education Sciences Reform Act of 2002, as 1965 (20 U.S.C. 7265 et seq.) is amended— STUDENT AID ADMINISTRATION amended, the National Assessment of Edu- (1) in section 5522(b), (20 U.S.C. 7265a(b)), by For Federal administrative expenses (in addi- cational Progress Authorization Act, section 208 adding at the end the following: tion to funds made available under section 458), of the Educational Technical Assistance Act of ‘‘(4) To authorize and develop cultural and to carry out part D of title I, and subparts 1, 3, 2002, and section 664 of the Individuals with educational programs relating to any Federally and 4 of part A, and parts B, C, D and E of title Disabilities Education Act, $522,695,000, of recognized Indian tribe in Mississippi.’’; IV of the Higher Education Act of 1965, as which $271,560,000 shall be available until Sep- (2) in section 5523 (20 U.S.C. 7265b)— amended, $120,000,000. tember 30, 2007: Provided, That of the amount (A) in subsection (a)—

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(i) by redesignating paragraphs (6) through from the amount provided under the first pro- SALARIES AND EXPENSES (8) as paragraphs (7) through (9), respectively; viso, to the National Service Trust authorized For necessary expenses of administration as and under subtitle D of title I of the Act (42 U.S.C. provided under section 501(a)(4) of the National (ii) by inserting after paragraph (5) the fol- 12601) upon determination that such transfer is and Community Service Act of 1990 (42 U.S.C. lowing: necessary to support the activities of national 12501 et seq.) and under section 504(a) of the ‘‘(6) The Mississippi Band of Choctaw Indians service participants and after notice is trans- Domestic Volunteer Service Act of 1973, includ- in Choctaw, Mississippi.’’; and mitted to Congress: Provided further, That of ing payment of salaries, authorized travel, hire (B) in subsection (b), by adding at the end the the amount provided under this heading for of passenger motor vehicles, the rental of con- following: grants under the National Service Trust pro- ference rooms in the District of Columbia, the ‘‘(7) Cultural and educational programs relat- gram authorized under subtitle C of title I of the employment of experts and consultants author- ing to any Federally recognized Indian tribe in Act, not more than $55,000,000 may be used to ized under 5 U.S.C. 3109, and not to exceed Mississippi.’’; and administer, reimburse, or support any national $2,500 for official reception and representation (3) in section 5525(1) (20 U.S.C. 7265d(1))— service program authorized under section expenses, $66,750,000. (A) in subparagraph (a), by striking ‘‘and’’ 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): OFFICE OF INSPECTOR GENERAL after the semicolon; Provided further, That not more than For necessary expenses of the Office of In- (B) in subparagraph (B), by striking the pe- $16,445,000 shall be available for quality and in- spector General in carrying out the Inspector General Act of 1978, as amended, $6,000,000, to riod and inserting ‘‘; and’’; and novation activities authorized under subtitle H remain available until September 30, 2007. (C) by adding at the end the following: of title I of the Act (42 U.S.C. 12853 et seq.): Pro- ‘‘(C) the Mississippi Band of Choctaw Indians ADMINISTRATIVE PROVISIONS vided further, That notwithstanding subtitle H in Choctaw, Mississippi.’’. Notwithstanding any other provision of law, of title I of the Act (42 U.S.C. 12853), none of the This title may be cited as the ‘‘Department of the term ‘‘qualified student loan’’ with respect funds provided under the previous proviso shall Education Appropriations Act, 2006’’. to national service education awards shall mean be used to support salaries and related expenses any loan determined by an institution of higher TITLE IV—RELATED AGENCIES (including travel) attributable to Corporation education to be necessary to cover a student’s COMMITTEE FOR PURCHASE FROM PEOPLE WHO employees: Provided further, That to the max- cost of attendance at such institution and made, ARE BLIND OR SEVERELY DISABLED imum extent feasible, funds appropriated under insured, or guaranteed directly to a student by SALARIES AND EXPENSES subtitle C of title I of the Act shall be provided a State agency, in addition to other meanings For expenses necessary of the Committee for in a manner that is consistent with the rec- under section 148(b)(7) of the National and Com- Purchase From People Who Are Blind or Se- ommendations of peer review panels in order to munity Service Act. verely Disabled established by Public Law 92–28, ensure that priority is given to programs that Notwithstanding any other provision of law, $4,669,000. demonstrate quality, innovation, replicability, funds made available under section 129(d)(5)(B) CORPORATION FOR NATIONAL AND COMMUNITY and sustainability: Provided further, That of the National and Community Service Act to SERVICE $27,000,000 of the funds made available under assist entities in placing applicants who are in- this heading shall be available for the Civilian dividuals with disabilities may be provided to DOMESTIC VOLUNTEER SERVICE PROGRAMS, Community Corps authorized under subtitle E of any entity that receives a grant under section OPERATING EXPENSES title I of the Act (42 U.S.C. 12611 et seq.): Pro- 121 of the Act. For expenses necessary for the Corporation vided further, That $37,500,000 shall be available The Inspector General of the Corporation for for National and Community Service to carry for school-based and community-based service- National and Community Service shall conduct out the provisions of the Domestic Volunteer learning programs authorized under subtitle B random audits of the grantees that administer Service Act of 1973, as amended, $316,212,000: of title I of the Act (42 U.S.C. 12521 et seq.): Pro- activities under the AmeriCorps programs and Provided, That none of the funds made avail- vided further, That $4,000,000 shall be available shall levy sanctions in accordance with stand- able to the Corporation for National and Com- for audits and other evaluations authorized ard Inspector General audit resolution proce- munity Service in this Act for activities author- under section 179 of the Act (42 U.S.C. 12639): dures which include, but are not limited to, de- ized by section 122 of part C of title I and part Provided further, That $10,000,000 of the funds barment of any grantee (or successor in interest E of title II of the Domestic Volunteer Service made available under this heading shall be or any entity with substantially the same person Act of 1973 shall be used to provide stipends or or persons in control) that has been determined other monetary incentives to volunteers or vol- made available for the Points of Light Founda- tion for activities authorized under title III of to have committed any substantial violations of unteer leaders whose incomes exceed 125 percent the requirements of the AmeriCorps programs, of the national poverty level. the Act (42 U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to support an including any grantee that has been determined NATIONAL AND COMMUNITY SERVICE PROGRAMS, endowment fund, the corpus of which shall re- to have violated the prohibition of using Federal OPERATING EXPENSES main intact and the interest income from which funds to lobby the Congress: Provided, That the Inspector General shall obtain reimbursements (INCLUDING TRANSFER OF FUNDS) shall be used to support activities described in in the amount of any misused funds from any For necessary expenses for the Corporation title III of the Act, provided that the Founda- grantee that has been determined to have com- for National and Community Service (the ‘‘Cor- tion may invest the corpus and income in feder- mitted any substantial violations of the require- poration’’) in carrying out programs, activities, ally insured bank savings accounts or com- and initiatives under the National and Commu- ments of the AmeriCorps programs. parable interest bearing accounts, certificates of For fiscal year 2006, the Corporation shall nity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. deposit, money market funds, mutual funds, ob- 12501 et seq.), $520,087,000, to remain available make any significant changes to program re- ligations of the United States, and other market quirements or policy only through public notice until September 30, 2007: Provided, That not instruments and securities but not in real estate more than $267,500,000 of the amount provided and comment rulemaking. For fiscal year 2006, investments: Provided further, That no funds under this heading shall be available for grants during any grant selection process, no officer or shall be available for national service programs under the National Service Trust Program au- employee of the Corporation shall knowingly run by Federal agencies authorized under sec- thorized under subtitle C of title I of the Act (42 disclose any covered grant selection information tion 121(b) of such Act (42 U.S.C. 12571(b)): Pro- U.S.C. 12571 et seq.) (relating to activities of the regarding such selection, directly or indirectly, vided further, That $5,000,000 of the funds made AmeriCorps program), including grants to orga- to any person other than an officer or employee nizations operating projects under the available under this heading shall be made of the Corporation that is authorized by the AmeriCorps Education Awards Program (with- available to America’s Promise—The Alliance Corporation to receive such information. out regard to the requirements of sections 121(d) for Youth, Inc.: Provided further, That to the CORPORATION FOR PUBLIC BROADCASTING and (e), section 131(e), section 132, and sections maximum extent practicable, the Corporation For payment to the Corporation for Public 140(a), (d), and (e) of the Act: Provided further, shall increase significantly the level of matching Broadcasting, as authorized by the Communica- That not less than $140,000,000 of the amount funds and in-kind contributions provided by the tions Act of 1934, an amount which shall be provided under this heading, to remain avail- private sector, and shall reduce the total Fed- available within limitations specified by that able without fiscal year limitation, shall be eral costs per participant in all programs: Pro- Act, for the fiscal year 2008, $400,000,000: Pro- transferred to the National Service Trust for vided further, That notwithstanding section vided, That no funds made available to the Cor- educational awards authorized under subtitle D 501(a)(4) of the Act, of the funds provided under poration for Public Broadcasting by this Act of title I of the Act (42 U.S.C. 12601), of which this heading, not more than $12,642,000 shall be shall be used to pay for receptions, parties, or up to $4,000,000 shall be available to support na- made available to provide assistance to state similar forms of entertainment for Government tional service scholarships for high school stu- commissions on national and community service officials or employees: Provided further, That dents performing community service, and of under section 126(a) of the Act: Provided fur- none of the funds contained in this paragraph which $7,000,000 shall be held in reserve as de- ther, That the Corporation may use up to 1 per- shall be available or used to aid or support any fined in Public Law 108–45: Provided further, cent of program grant funds made available program or activity from which any person is That in addition to amounts otherwise provided under this heading to defray its costs of con- excluded, or is denied benefits, or is discrimi- to the National Service Trust under the second ducting grant application reviews, including the nated against, on the basis of race, color, na- proviso, the Corporation may transfer funds use of outside peer reviewers. tional origin, religion, or sex: Provided further,

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28017 That for fiscal year 2006, in addition to the Rehabilitation Act of 1973, as amended, funds made available in any other paragraph of amounts provided above, $30,000,000 shall be for $3,144,000. this Act may be transferred to the Office; used costs related to digital program production, de- NATIONAL LABOR RELATIONS BOARD to carry out any such transfer; used to provide velopment, and distribution, associated with the any office space, equipment, office supplies, SALARIES AND EXPENSES transition of public broadcasting to digital communications facilities or services, mainte- For expenses necessary for the National Labor broadcasting, to be awarded as determined by nance services, or administrative services for the Relations Board to carry out the functions vest- the Corporation in consultation with public Office; used to pay any salary, benefit, or ed in it by the Labor-Management Relations radio and television licensees or permittees, or award for any personnel of the Office; used to Act, 1947, as amended (29 U.S.C. 141–167), and their designated representatives: Provided fur- pay any other operating expense of the Office; other laws, $252,268,000: Provided, That no part ther, That for fiscal year 2006, in addition to the or used to reimburse the Office for any service of this appropriation shall be available to orga- amounts provided above, $35,000,000 shall be for provided, or expense incurred, by the Office. nize or assist in organizing agricultural laborers the costs associated with replacement and up- or used in connection with investigations, hear- SOCIAL SECURITY ADMINISTRATION grade of the public television interconnection ings, directives, or orders concerning bargaining PAYMENTS TO SOCIAL SECURITY TRUST FUNDS system: Provided further, That none of the units composed of agricultural laborers as re- funds made available to the Corporation for For payment to the Federal Old-Age and Sur- ferred to in section 2(3) of the Act of July 5, 1935 Public Broadcasting by this Act, Public Law vivors Insurance and the Federal Disability In- (29 U.S.C. 152), and as amended by the Labor- 108–199 or Public Law 108–7, shall be used to surance trust funds, as provided under sections Management Relations Act, 1947, as amended, support the Television Future Fund or any simi- 201(m), 228(g), and 1131(b)(2) of the Social Secu- and as defined in section 3(f) of the Act of June lar purpose. rity Act, $20,470,000. 25, 1938 (29 U.S.C. 203), and including in said SUPPLEMENTAL SECURITY INCOME PROGRAM FEDERAL MEDIATION AND CONCILIATION SERVICE definition employees engaged in the mainte- For carrying out titles XI and XVI of the So- SALARIES AND EXPENSES nance and operation of ditches, canals, res- cial Security Act, section 401 of Public Law 92– For expenses necessary for the Federal Medi- ervoirs, and waterways when maintained or op- 603, section 212 of Public Law 93–66, as amend- ation and Conciliation Service to carry out the erated on a mutual, nonprofit basis and at least ed, and section 405 of Public Law 95–216, includ- functions vested in it by the Labor Management 95 percent of the water stored or supplied there- ing payment to the Social Security trust funds Relations Act, 1947 (29 U.S.C. 171–180, 182–183), by is used for farming purposes. for administrative expenses incurred pursuant including hire of passenger motor vehicles; for NATIONAL MEDIATION BOARD to section 201(g)(1) of the Social Security Act, expenses necessary for the Labor-Management $29,369,174,000, to remain available until ex- Cooperation Act of 1978 (29 U.S.C. 175a); and for SALARIES AND EXPENSES pended: Provided, That any portion of the expenses necessary for the Service to carry out For expenses necessary to carry out the provi- funds provided to a State in the current fiscal the functions vested in it by the Civil Service sions of the Railway Labor Act, as amended (45 year and not obligated by the State during that Reform Act, Public Law 95–454 (5 U.S.C. ch. 71), U.S.C. 151–188), including emergency boards ap- year shall be returned to the Treasury. $43,031,000, including $400,000, to remain avail- pointed by the President, $11,628,000. For making, after June 15 of the current fiscal able through September 30, 2007, for activities OCCUPATIONAL SAFETY AND HEALTH REVIEW year, benefit payments to individuals under title authorized by the Labor-Management Coopera- COMMISSION XVI of the Social Security Act, for unantici- tion Act of 1978 (29 U.S.C. 175a): Provided, That SALARIES AND EXPENSES pated costs incurred for the current fiscal year, notwithstanding 31 U.S.C. 3302, fees charged, up For expenses necessary for the Occupational such sums as may be necessary. to full-cost recovery, for special training activi- Safety and Health Review Commission (29 For making benefit payments under title XVI ties and other conflict resolution services and U.S.C. 661), $10,510,000. of the Social Security Act for the first quarter of technical assistance, including those provided to fiscal year 2007, $11,110,000,000, to remain avail- foreign governments and international organi- RAILROAD RETIREMENT BOARD able until expended. zations, and for arbitration services shall be DUAL BENEFITS PAYMENTS ACCOUNT credited to and merged with this account, and For payment to the Dual Benefits Payments LIMITATION ON ADMINISTRATIVE EXPENSES shall remain available until expended: Provided Account, authorized under section 15(d) of the For necessary expenses, including the hire of further, That fees for arbitration services shall Railroad Retirement Act of 1974, $97,000,000, two passenger motor vehicles, and not to exceed be available only for education, training, and which shall include amounts becoming available $15,000 for official reception and representation professional development of the agency work- in fiscal year 2006 pursuant to section expenses, not more than $9,079,400,000 may be force: Provided further, That the Director of the 224(c)(1)(B) of Public Law 98–76; and in addi- expended, as authorized by section 201(g)(1) of Service is authorized to accept and use on be- tion, an amount, not to exceed 2 percent of the the Social Security Act, from any one or all of half of the United States gifts of services and amount provided herein, shall be available pro- the trust funds referred to therein: Provided, real, personal, or other property in the aid of portional to the amount by which the product of That not less than $2,000,000 shall be for the So- any projects or functions within the Director’s recipients and the average benefit received ex- cial Security Advisory Board: Provided further, jurisdiction. ceeds $97,000,000: Provided, That the total That unobligated balances of funds provided under this paragraph at the end of fiscal year FEDERAL MINE SAFETY AND HEALTH REVIEW amount provided herein shall be credited in 12 2006 not needed for fiscal year 2006 shall remain COMMISSION approximately equal amounts on the first day of each month in the fiscal year. available until expended to invest in the Social SALARIES AND EXPENSES Security Administration information technology FEDERAL PAYMENTS TO THE RAILROAD For expenses necessary for the Federal Mine and telecommunications hardware and software RETIREMENT ACCOUNTS Safety and Health Review Commission (30 infrastructure, including related equipment and For payment to the accounts established in U.S.C. 801 et seq.), $7,809,000. non-payroll administrative expenses associated the Treasury for the payment of benefits under INSTITUTE OF MUSEUM AND LIBRARY SERVICES solely with this information technology and the Railroad Retirement Act for interest earned OFFICE OF MUSEUM AND LIBRARY SERVICES: telecommunications infrastructure: Provided on unnegotiated checks, $150,000, to remain GRANTS AND ADMINISTRATION further, That reimbursement to the trust funds available through September 30, 2007, which For carrying out the Museum and Library under this heading for expenditures for official shall be the maximum amount available for pay- Services Act of 1996, $249,640,000, to remain time for employees of the Social Security Admin- ment pursuant to section 417 of Public Law 98– available until expended. istration pursuant to section 7131 of title 5, 76. MEDICARE PAYMENT ADVISORY COMMISSION United States Code, and for facilities or support LIMITATION ON ADMINISTRATION SALARIES AND EXPENSES services for labor organizations pursuant to For necessary expenses for the Railroad Re- For expenses necessary to carry out section policies, regulations, or procedures referred to in tirement Board for administration of the Rail- 1805 of the Social Security Act, $10,168,000, to be section 7135(b) of such title shall be made by the road Retirement Act and the Railroad Unem- transferred to this appropriation from the Fed- Secretary of the Treasury, with interest, from ployment Insurance Act, $102,543,000, to be de- eral Hospital Insurance and the Federal Supple- amounts in the general fund not otherwise ap- rived in such amounts as determined by the mentary Medical Insurance Trust Funds. propriated, as soon as possible after such ex- Board from the railroad retirement accounts penditures are made. NATIONAL COMMISSION ON LIBRARIES AND and from moneys credited to the railroad unem- In addition, $119,000,000 to be derived from INFORMATION SCIENCE ployment insurance administration fund. administration fees in excess of $5.00 per supple- SALARIES AND EXPENSES LIMITATION ON THE OFFICE OF INSPECTOR mentary payment collected pursuant to section For necessary expenses for the National Com- GENERAL 1616(d) of the Social Security Act or section mission on Libraries and Information Science, For expenses necessary for the Office of In- 212(b)(3) of Public Law 93–66, which shall re- established by the Act of July 20, 1970 (Public spector General for audit, investigatory and re- main available until expended. To the extent Law 91–345, as amended), $993,000. view activities, as authorized by the Inspector that the amounts collected pursuant to such sec- NATIONAL COUNCIL ON DISABILITY General Act of 1978, as amended, not more than tion 1616(d) or 212(b)(3) in fiscal year 2006 ex- SALARIES AND EXPENSES $7,196,000, to be derived from the railroad retire- ceed $119,000,000, the amounts shall be available For expenses necessary for the National Coun- ment accounts and railroad unemployment in- in fiscal year 2007 only to the extent provided in cil on Disability as authorized by title IV of the surance account: Provided, That none of the advance in appropriations Acts.

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In addition, up to $1,000,000 to be derived from money, all grantees receiving Federal funds in- SEC. 510. (a) None of the funds made available fees collected pursuant to section 303(c) of the cluded in this Act, including but not limited to in this Act may be used for any activity that Social Security Protection Act (Public Law 108– State and local governments and recipients of promotes the legalization of any drug or other 203), which shall remain available until ex- Federal research grants, shall clearly state— substance included in schedule I of the sched- pended. (1) the percentage of the total costs of the pro- ules of controlled substances established by sec- OFFICE OF INSPECTOR GENERAL gram or project which will be financed with tion 202 of the Controlled Substances Act (21 (INCLUDING TRANSFER OF FUNDS) Federal money; U.S.C. 812). (2) the dollar amount of Federal funds for the (b) The limitation in subsection (a) shall not For expenses necessary for the Office of In- project or program; and apply when there is significant medical evidence spector General in carrying out the provisions of (3) percentage and dollar amount of the total of a therapeutic advantage to the use of such the Inspector General Act of 1978, as amended, costs of the project or program that will be fi- drug or other substance or that federally spon- $26,000,000, together with not to exceed nanced by non-governmental sources. sored clinical trials are being conducted to de- $66,400,000, to be transferred and expended as SEC. 507. (a) None of the funds appropriated termine therapeutic advantage. authorized by section 201(g)(1) of the Social Se- in this Act, and none of the funds in any trust SEC. 511. None of the funds made available in curity Act from the Federal Old-Age and Sur- fund to which funds are appropriated in this this Act may be used to promulgate or adopt vivors Insurance Trust Fund and the Federal Act, shall be expended for any abortion. any final standard under section 1173(b) of the Disability Insurance Trust Fund. (b) None of the funds appropriated in this Social Security Act (42 U.S.C. 1320d–2(b)) pro- In addition, an amount not to exceed 3 per- Act, and none of the funds in any trust fund to viding for, or providing for the assignment of, a cent of the total provided in this appropriation which funds are appropriated in this Act, shall unique health identifier for an individual (ex- may be transferred from the ‘‘Limitation on Ad- be expended for health benefits coverage that cept in an individual’s capacity as an employer ministrative Expenses’’, Social Security Admin- includes coverage of abortion. or a health care provider), until legislation is istration, to be merged with this account, to be (c) The term ‘‘health benefits coverage’’ means enacted specifically approving the standard. available for the time and purposes for which the package of services covered by a managed SEC. 512. None of the funds made available in this account is available: Provided, That notice care provider or organization pursuant to a con- this Act may be obligated or expended to enter of such transfers shall be transmitted promptly tract or other arrangement. into or renew a contract with an entity if— to the Committees on Appropriations of the SEC. 508. (a) The limitations established in the (1) such entity is otherwise a contractor with House and Senate. preceding section shall not apply to an abor- the United States and is subject to the require- TITLE V—GENERAL PROVISIONS tion— ment in section 4212(d) of title 38, United States SEC. 501. The Secretaries of Labor, Health and (1) if the pregnancy is the result of an act of Code, regarding submission of an annual report Human Services, and Education are authorized rape or incest; or to the Secretary of Labor concerning employ- to transfer unexpended balances of prior appro- (2) in the case where a woman suffers from a ment of certain veterans; and priations to accounts corresponding to current physical disorder, physical injury, or physical (2) such entity has not submitted a report as appropriations provided in this Act: Provided, illness, including a life-endangering physical required by that section for the most recent year That such transferred balances are used for the condition caused by or arising from the preg- for which such requirement was applicable to same purpose, and for the same periods of time, nancy itself, that would, as certified by a physi- such entity. for which they were originally appropriated. cian, place the woman in danger of death unless SEC. 513. None of the funds made available in SEC. 502. No part of any appropriation con- an abortion is performed. this Act may be transferred to any department, tained in this Act shall remain available for ob- (b) Nothing in the preceding section shall be agency, or instrumentality of the United States ligation beyond the current fiscal year unless construed as prohibiting the expenditure by a Government, except pursuant to a transfer made expressly so provided herein. State, locality, entity, or private person of State, by, or transfer authority provided in, this Act or SEC. 503. (a) No part of any appropriation local, or private funds (other than a State’s or any other appropriation Act. contained in this Act shall be used, other than locality’s contribution of Medicaid matching SEC. 514. None of the funds made available by for normal and recognized executive-legislative funds). this Act to carry out the Library Services and relationships, for publicity or propaganda pur- (c) Nothing in the preceding section shall be Technology Act may be made available to any poses, for the preparation, distribution, or use of construed as restricting the ability of any man- library covered by paragraph (1) of section any kit, pamphlet, booklet, publication, radio, aged care provider from offering abortion cov- 224(f) of such Act (20 U.S.C. 9134(f)), as amend- television, or video presentation designed to sup- erage or the ability of a State or locality to con- ed by the Children’s Internet Protections Act, port or defeat legislation pending before the tract separately with such a provider for such unless such library has made the certifications Congress or any State legislature, except in coverage with State funds (other than a State’s required by paragraph (4) of such section. presentation to the Congress or any State legis- or locality’s contribution of Medicaid matching SEC. 515. None of the funds made available by lature itself. funds). this Act to carry out part D of title II of the Ele- (b) No part of any appropriation contained in (d)(1) None of the funds made available in mentary and Secondary Education Act of 1965 this Act shall be used to pay the salary or ex- this Act may be made available to a Federal may be made available to any elementary or sec- penses of any grant or contract recipient, or agency or program, or to a State or local govern- ondary school covered by paragraph (1) of sec- agent acting for such recipient, related to any ment, if such agency, program, or government tion 2441(a) of such Act (20 U.S.C. 6777(a)), as activity designed to influence legislation or ap- subjects any institutional or individual health amended by the Children’s Internet Protections propriations pending before the Congress or any care entity to discrimination on the basis that Act and the No Child Left Behind Act, unless State legislature. the health care entity does not provide, pay for, the local educational agency with responsibility SEC. 504. The Secretaries of Labor and Edu- provide coverage of, or refer for abortions. for such covered school has made the certifi- cation are authorized to make available not to (2) In this subsection, the term ‘‘health care cations required by paragraph (2) of such sec- exceed $28,000 and $20,000, respectively, from entity’’ includes an individual physician or tion. funds available for salaries and expenses under other health care professional, a hospital, a pro- SEC. 516. None of the funds appropriated in titles I and III, respectively, for official recep- vider-sponsored organization, a health mainte- this Act may be used to enter into an arrange- tion and representation expenses; the Director nance organization, a health insurance plan, or ment under section 7(b)(4) of the Railroad Re- of the Federal Mediation and Conciliation Serv- any other kind of health care facility, organiza- tirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a ice is authorized to make available for official tion, or plan. nongovernmental financial institution to serve reception and representation expenses not to ex- SEC. 509. (a) None of the funds made available as disbursing agent for benefits payable under ceed $5,000 from the funds available for ‘‘Sala- in this Act may be used for— the Railroad Retirement Act of 1974. ries and expenses, Federal Mediation and Con- (1) the creation of a human embryo or em- SEC. 517. (a) None of the funds provided under ciliation Service’’; and the Chairman of the Na- bryos for research purposes; or this Act, or provided under previous appropria- tional Mediation Board is authorized to make (2) research in which a human embryo or em- tions Acts to the agencies funded by this Act available for official reception and representa- bryos are destroyed, discarded, or knowingly that remain available for obligation or expendi- tion expenses not to exceed $5,000 from funds subjected to risk of injury or death greater than ture in fiscal year 2006, or provided from any ac- available for ‘‘Salaries and expenses, National that allowed for research on fetuses in utero counts in the Treasury of the United States de- Mediation Board’’. under 45 CFR 46.204(b) and section 498(b) of the rived by the collection of fees available to the SEC. 505. Notwithstanding any other provision Public Health Service Act (42 U.S.C. 289g(b)). agencies funded by this Act, shall be available of this Act, no funds appropriated in this Act (b) For purposes of this section, the term for obligation or expenditure through a re- shall be used to carry out any program of dis- ‘‘human embryo or embryos’’ includes any orga- programming of funds that— tributing sterile needles or syringes for the nism, not protected as a human subject under 45 (1) creates new programs; hypodermic injection of any illegal drug. CFR 46 as of the date of the enactment of this (2) eliminates a program, project, or activity; SEC. 506. When issuing statements, press re- Act, that is derived by fertilization, par- (3) increases funds or personnel by any means leases, requests for proposals, bid solicitations thenogenesis, cloning, or any other means from for any project or activity for which funds have and other documents describing projects or pro- one or more human gametes or human diploid been denied or restricted; grams funded in whole or in part with Federal cells. (4) relocates an office or employees;

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28019 (5) reorganizes or renames offices; political issues not directly related to and nec- prior to reprogramming, or to the announce- (6) reorganizes programs or activities; or essary for the work of the committee involved. ment of intent to reprogram, funds in excess (7) contracts out or privatizes any functions (b) None of the funds made available in this of 10 percent, or $500,000, whichever is less, or activities presently performed by Federal em- Act may be used to disseminate scientific infor- between programs, projects and activities. ployees; mation that is deliberately false or misleading. Finally, the conferees request that state- unless the Appropriations Committees of both SEC. 520. The $3,170,927,000 made available ments on the effect of this appropriation Act Houses of Congress are notified 15 days in ad- under this Act under the heading Program on the Departments and agencies funded in vance of such reprogramming or of an an- Management under the heading Centers for this Act be submitted to the Committees nouncement of intent relating to such re- Medicare and Medicaid Services shall be re- within 45 days of enactment of this Act. The programming, whichever occurs earlier. duced by $60,000,000: Provided, That none of the conferees expect that these statements will (b) None of the funds provided under this Act, reduction shall be taken from research, dem- provide sufficient detail to show the alloca- or provided under previous appropriations Acts onstration, and evaluation activities or from tion of funds among programs, projects and to the agencies funded by this Act that remain State survey and certification activities: Pro- activities, particularly in accounts where available for obligation or expenditure in fiscal vided further, That notwithstanding the the final appropriation is different than that year 2006, or provided from any accounts in the amounts specified under such heading for the of the budget request. Furthermore, the con- Treasury of the United States derived by the Centers for Medicare and Medicaid Services Sys- ferees request the statements to also include collection of fees available to the agencies fund- tem Revitalization Plan and for contract costs the effect of the appropriation on any new ed by this Act, shall be available for obligation for the Healthcare Integrated General Ledger activities or major initiatives discussed in or expenditure through a reprogramming of Accounting System, such amounts may be re- the budget justifications accompanying the funds in excess of $500,000 or 10 percent, which- duced by the Secretary. fiscal year 2006 budget. ever is less, that— This Act may be cited as the ‘‘Departments of The Departments of Labor, Health and (1) augments existing programs, projects (in- Labor, Health and Human Services, and Edu- Human Services, and Education, and Related cluding construction projects), or activities; cation, and Related Agencies Appropriations Agencies Appropriations Act, 2006, put in (2) reduces by 10 percent funding for any ex- Act, 2006’’. place by this bill, incorporates the following isting program, project, or activity, or numbers And the Senate agree to the same. agreements of the managers: TITLE I—DEPARTMENT OF LABOR of personnel by 10 percent as approved by Con- RALPH REGULA, gress; or ERNEST ISTOOK, Jr., EMPLOYMENT AND TRAINING ADMINISTRATION (3) results from any general savings from a re- ROGER F. WICKER, TRAINING AND EMPLOYMENT SERVICES duction in personnel which would result in a ANNE M. NORTHUP, (INCLUDING RESCISSIONS) change in existing programs, activities, or KAY GRANGER, The conference agreement includes projects as approved by Congress; JOHN E. PETERSON, $5,115,411,000 for training and employment unless the Appropriations Committees of both DON SHERWOOD, services, instead of $5,121,792,000 as proposed Houses of Congress are notified 15 days in ad- DAVE WELDON, by the House and $5,250,806,000 as proposed by vance of such reprogramming or of an an- JAMES T. WALSH, the Senate. Of the amount appropriated, nouncement of intent relating to such re- JERRY LEWIS, $2,463,000,000 is an advance appropriation for programming, whichever occurs earlier. Managers on the Part of the House. fiscal year 2007, as proposed by the House and SEC. 518. (a) Section 316 of the Immigration ARLEN SPECTER, the Senate. and Nationality Act (8 U.S.C. 1427), is amended The conference agreement includes bill THAD COCHRAN, by adding at the end the following: language as proposed by the Senate requir- JUDD GREGG, ‘‘(g)(1) The continuous residency requirement ing that the Secretary of Labor take no ac- LARRY E. CRAIG, under subsection (a) may be reduced to 3 years tion to amend the definition established in 20 KAY BAILEY HUTCHISON, for an applicant for naturalization if— CFR 667.220 for functions and activities TED STEVENS, ‘‘(A) the applicant is the beneficiary of an ap- under title I of the Workforce Investment MIKE DEWINE, proved petition for classification under section Act of 1998, or to modify the procedure for RICHARD C. SHELBY, 204(a)(1)(E); designation of local areas as specified in that ‘‘(B) the applicant has been approved for ad- PETE V. DOMENICI, Managers on the Part of the Senate. Act until such time as legislation reauthor- justment of status under section 245(a); and izing the Act is enacted. The House bill con- ‘‘(C) such reduction is necessary for the appli- JOINT EXPLANATORY STATEMENT OF tained a similar provision. cant to represent the United States at an inter- THE COMMITTEE OF CONFERENCE For Adult Employment and Training Ac- national event. The managers on the part of the House and tivities, the conference agreement includes ‘‘(2) The Secretary of Homeland Security shall Senate at the conference on the disagreeing $865,736,000 as proposed by the House, instead adjudicate an application for naturalization votes of the two Houses on the amendment of $893,618,000 as proposed by the Senate. under this section not later than 30 days after of the Senate to the bill (H.R. 3010) making For Youth Training, the conference agree- the submission of such application if the appli- appropriations for the Departments of Labor, ment includes $950,000,000 as proposed by the cant— Health and Human Services, and Education, House instead of $986,288,000 as proposed by ‘‘(A) requests such expedited adjudication in and Related Agencies for the fiscal year end- the Senate. order to represent the United States at an inter- ing September 30, 2006, and for other pur- The conference agreement includes national event; and poses, submit the following joint statement $1,476,064,000 for the Dislocated Worker pro- ‘‘(B) demonstrates that such expedited adju- of the House and Senate in explanation of gram, as proposed by the Senate, instead of dication is related to such representation. the effect of the action agreed upon by the $1,405,264,000 as proposed by the House. The ‘‘(3) An applicant is ineligible for expedited managers and recommended in the accom- conferees override the formula that provides adjudication under paragraph (2) if the Sec- panying conference report. that 80 percent of the funds provided will be retary of Homeland Security determines that In implementing this agreement, the De- used for State formula grants and 20 percent such expedited adjudication poses a risk to na- partments and agencies should be guided by in a National Reserve Account. For program tional security. Such a determination by the the language and instructions set forth in year 2006 the conferees provide $1,193,264,000 Secretary shall not be subject to review. House Report 109–143 and Senate Report 109– for the State formula grants and $282,800,000 ‘‘(4)(A) In addition to any other fee author- 103 accompanying the bill, H.R. 3010. for the National Reserve Account. ized by law, the Secretary of Homeland Security In the cases where the language and in- The conferees direct that the Department shall charge and collect a $1,000 premium proc- structions in either report specifically ad- submit a quarterly report beginning in Janu- essing fee from each applicant described in this dress the allocation of funds, each has been ary, 2006 to the House and Senate Appropria- subsection to offset the additional costs incurred reviewed by the conferees and those that are tions Committees on the status of H–1B and to expedite the processing of applications under jointly concurred in have been endorsed in National Emergency Grant awards. This this subsection. this joint statement. quarterly report shall be submitted to the ‘‘(B) The fee collected under subparagraph In the cases in which the House or the Sen- House and Senate Committees on Appropria- (A) shall be deposited as offsetting collections in ate reports request or direct the submission tions no later than 15 days after the end of the Immigration Examinations Fee Account.’’. of a report, such report is to be submitted to each quarter and shall summarize the fol- (b) The amendment made by subsection (a) is both the House and Senate Committees on lowing information: total available funds for repealed on January 1, 2006. Appropriations. the current program year, funding requests SEC. 519. (a) None of the funds made available The conferees note that section 517 sets made, funding comments made, and amounts in this Act may be used to request that a can- forth the reprogramming requirements and actually awarded for the quarter and for the didate for appointment to a Federal scientific limitations for the Departments and agen- current program year, total outstanding advisory committee disclose the political affili- cies funded through this Act, including the funding commitments from all program ation or voting history of the candidate or the requirement to make a written request to years, and total unpaid funding commit- position that the candidate holds with respect to the chairmen of the Committees 15 days ments from all program years. The report

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 28020 CONGRESSIONAL RECORD—HOUSE December 13, 2005 shall also include a list of each award (both the new independent Office of Job Corps is the Community-Based Job Training initia- new awards and modifications to existing established. tive include One Stop Career Centers as eli- awards) made during the quarter, including For Migrant and Seasonal Farmworkers, gible applicants. The conference agreement the grantee, funding commitment, amount the conference agreement includes a total of rescinds $125,000,000 in funds provided in fis- released, and unpaid commitment for each $80,557,000 as proposed by the Senate, instead cal year 2005 for this program, as proposed by award, and the number of workers to be of $75,795,000 as proposed by the House. With- the House; the Senate bill contained no simi- trained. in the total, $75,053,000 is for State service lar provision. The conferees direct that the Department area grants, including $3,840,000 to fund For the Denali Commission, the conference submit a quarterly report beginning in Janu- grantees in States impacted by formula re- agreement provides $6,944,000 as proposed by ary 2006 to the House and Senate Appropria- ductions below the amount they were allot- the Senate for job training services. The tions Committees on the status of awards ted in program year 2004. The conference also House recommendation did not include funds made under the High-Growth Job Training includes $5,000,000 for housing grants. The for this activity. Initiative. This quarterly report shall be sub- agreement also includes bill language not STATE UNEMPLOYMENT INSURANCE AND mitted to the House and Senate Committees contained in House or Senate bills which EMPLOYMENT SERVICE OPERATIONS on Appropriations no later than 15 days after prohibits the Department from restricting The conference agreement includes the end of each quarter and shall summarize the provision of ‘‘related assistance’’ services $3,392,078,000 for State Unemployment Insur- by funding source (dislocated worker dem- by grantees. Such services are often critical ance and Employment Service Operations, onstration funds, community college initia- to the stabilization and availability of the instead of $3,470,366,000 as proposed by the tive, H–1B fees, pilots and demonstrations, farm labor workforce. House and $3,361,779,000 as proposed by the etc.) the total amount allocated to the High- The conference agreement provides Senate. For unemployment insurance serv- Growth Job Training Initiative for the quar- $2,000,000 for other National Activities as ices, the bill provides $2,533,000,000 instead of ter and the program year. This report shall proposed by the House, instead of $3,458,000 $2,632,915,000 as proposed by the House and also include a list of all awards made during as proposed by the Senate. Of this amount, $2,485,000,000 as proposed by the Senate. The the quarter and for each award shall include $982,000 is for carrying out Public Law 102– conference agreement includes $2,523,000,000 the grantee, the amount of the award, the 530, the Women in Apprenticeship and Non- for UI State Operations instead of funding source of the award, whether the Traditional Occupations Act of 1992, and $2,622,499,000 as proposed by the House and award was made competitively or by sole $504,000 is to be used for training, technical $2,475,000,000 as proposed by the Senate. The source and, if sole source, the justification, assistance and related activities, including agreement includes a contingency reserve the purpose of the award, the number of migrant rest center activities, authorized amount should the unemployment workload workers to be trained, and other expected under section 167 of the Workforce Invest- exceed an average weekly insured claims vol- outcomes. ment Act of 1998. ume of 2,800,000 instead of 2,984,000 as pro- The conference agreement includes bill For Pilots, Demonstrations and Research, posed by the House. The conference agree- language as proposed by the Senate giving the conference agreement includes ment does not include language, similar in the Secretary of Labor authority to use dis- $30,000,000, instead of $74,000,000 as proposed both House and Senate bills, providing located worker national reserve funds to pro- by the House and $90,367,000 as proposed by $40,000,000 for new unemployment insurance vide assistance to a State for statewide or the Senate. administrative activities. local use in order to address cases where The conferees encourage the Department For the Employment Service grants to there have been worker dislocations across of Labor to establish a pilot grant program States, the agreement includes $723,114,000 multiple sectors or across multiple local under 171(b) of the Workforce Investment instead of $696,000,000 as proposed by the areas. The House bill contained no similar Act of 1998 to award competitive placement House and $746,302,000 as proposed by the provision. The conferees urge the Secretary, and retention grants to qualified nonprofit Senate. This includes $23,114,000 in general when determining competitive awards under organizations that offer low income individ- funds as proposed by the Senate instead of this authority, to give favorable consider- uals’ intensive assessment, education and $23,300,000 as proposed by the House and ation to the applications of assistance to training, placement, and retention services, $700,000,000 from the ‘‘Employment Security States that have sustained worker disloca- including job coaching. The employment Administration’’ account of the unemploy- tion in such a manner and can demonstrate should provide the low income individuals ment trust fund instead of $672,700,000 as pro- the capacity to respond effectively in a co- with an annual salary at least twice the pov- posed by the House and $723,188,000 as pro- ordinated fashion across multiple sectors or erty line applicable to the individual. After posed by the Senate. The conference agree- local areas. placement, such organizations shall be eligi- ment does not include funding to continue The conference agreement includes ble for retention grants once low income in- Reemployment Services Grants. $1,573,000,000 for Job Corps, instead of dividuals remain with the same employer for The conference agreement includes $1,542,019,000 as proposed by the House and a period of one year, taking into account the $17,856,000 for the work opportunity tax cred- $1,582,000,000 as proposed by the Senate. benefits received by the federal government it program as proposed by the Senate. The Within the total, $1,465,000,000 is provided for and the community from the individuals’ House report contained no similar provision. continuing operations of the program and employment. PROGRAM ADMINISTRATION $108,000,000 is for renovation and construc- The conference agreement includes The conference agreement includes tion of Job Corps centers. The conference $49,600,000 for Responsible Reintegration of $200,000,000 for Program Administration as agreement includes $8,000,000 for second year Youthful Offenders, instead of $50,000,000 as proposed by the Senate, instead of funding of Job Corps expansion. This is in proposed by the Senate. The House did not $206,111,000 as proposed by the House. The de- addition to $10,000,000 previously appro- recommend funds for this activity. tailed table at the end of this joint state- priated. In the selection process to award The conference agreement includes ment reflects the activity distribution these and the previously appropriated funds $125,000,000 to carry out the Community Col- agreed to by the conferees. for incremental expansion of Job Corps, the lege/Community-Based Job Training Grant The conference agreement deletes lan- Department is directed to follow guidance initiative. The conference agreement in- guage proposed by the House specifying that provided in Senate Report 109–103 and in the cludes bill language as proposed by the Sen- not to exceed $3,000,000 shall be available for report accompanying Public Law 108–199 re- ate which provides that this amount is to be contracts that are not competitively bid. garding the priority for States that cur- allocated from National Emergency Grant The Senate bill contained no similar provi- rently do not have a center and for a new funds available under section 132(a)(2)(A) of sion. site that can be quickly launched as a sat- the Workforce Investment Act of 1998, over- EMPLOYEE BENEFITS SECURITY ellite (residential or non-residential) of a Job riding the limitation otherwise imposed ADMINISTRATION Corps center that is serving an entire State under section 171(d). The House bill con- SALARIES AND EXPENSES or region, and then later be converted to a tained no similar provision. The conferees The conference agreement includes stand-alone facility. expect the Secretary to initially use re- $134,900,000 as proposed by the Senate, in- The conferees strongly urge the Director of sources from the National Emergency Grants stead of $137,000,000 as proposed by the Job Corps to extend the work of the Appa- account for these awards that are designated House. The detailed table at the end of this lachian Council for career transition support for non-emergencies under sections 171(d) joint statement reflects the activity dis- services, and implement through the NJCA and 170(b) of the Workforce Investment Act tribution agreed to by the conferees. Foundation for Youth Opportunities, founda- of 1998. Community-Based Job Training tion initiated and nationally coordinated Grant awards will also be subject to the limi- EMPLOYMENT STANDARDS ADMINISTRATION programs and services that raise public tations of sections 171(c)(4)(A) through SALARIES AND EXPENSES awareness and support for at-risk youth. The 171(c)(4)(C) of the Workforce Investment Act The conference agreement includes conferees expect the Director of Job Corps to of 1998 to ensure that these grants are award- $415,216,000 for the Employment Standards implement these awards by no later than ed competitively. The conferees direct that Administration, salaries and expenses, in- January 31, 2006, or as soon thereafter that future solicitations for grant applications for stead of $416,332,000 as proposed by the House

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28021 and $412,616,000 as proposed by the Senate. from the Current Employment Survey as and Harbor Worker’s Compensation Act Within the amount for Program Direction proposed by the Senate. The House bill con- claims are reached in a timely manner. The and Support the conference agreement in- tained no similar provision. House bill did not include similar provisions. cludes $2,000,000 as proposed by the Senate to OFFICE OF DISABILITY EMPLOYMENT POLICY Carried in previous years, the provisos are no make available personnel and other re- longer considered necessary to avoid delays. SALARIES AND EXPENSES sources to facilitate the expeditious startup The conferees do not retain language in of a system to resolve the claims of injury The conference agreement includes the House report regarding employee benefit caused by asbestos exposure. The detailed $27,934,000 for the Office of Disability Em- products covered by the Employee Retire- table at the end of this joint statement re- ployment Policy as proposed by the House, ment Income Security Act. flects the activity distribution agreed to by instead of $47,164,000 as proposed by the Sen- VETERANS EMPLOYMENT AND TRAINING the conferees. ate. The conference agreement deletes lan- Within the total, the conferees have in- The conference agreement includes guage proposed by the Senate authorizing cluded $5,000,000 for a national initiative fo- $224,334,000 for Veterans Employment and the Secretary of Labor to accept, retain, and cusing on self-employment as an option for Training as proposed by the Senate, instead spend all sums of money ordered to be paid persons with disabilities, to be allocated ac- of $229,334,000 as proposed by the House. The in accordance with the Consent Judgment in cording to the conditions in Senate Report detailed table at the end of this joint state- the case with the Northern Mariana Islands. 109–103. In addition, the conferees concur ment reflects the activity distribution This provision, carried in the bill in prior with the Senate in directing that the exist- agreed to by the conferees. years, is no longer necessary. The House bill ing, structured ‘‘Public Service Internship The conferees are pleased by the number of contained no similar provision. Program for Students with Disabilities’’ be programs being undertaken by a variety of The conferees note that the Employment continued through fiscal year 2006 at no less federal agencies, including the Centers for Standards Administration’s most recent reg- than current appropriations levels. The Medicare and Medicaid Services and the In- ulatory plan indicates that the Employment House recommendation contained no similar ternal Revenue Service, to employ persons Standards Administration plans to issue in provisions. with disabilities in telework occupations. December 2005 a notice of proposed rule- DEPARTMENTAL MANAGEMENT With a significant number of veterans com- making on the Family and Medical Leave ing home with physical impairments, the SALARIES AND EXPENSES Act (FMLA). The conferees urge that the conferees urge the department to pursue Employment Standards Administration con- The conference agreement includes interagency efforts to help disabled veterans sider providing ample time (more than the 60 $300,586,000 for Departmental Management, achieve employment in the federal govern- days indicated in the regulatory plan) for salaries and expenses, instead of $239,783,000 ment through telework and other innovative careful consideration of any proposed as proposed by the House and $320,561,000 as programs. changes to the FMLA regulations. proposed by the Senate. The detailed table at OFFICE OF INSPECTOR GENERAL SPECIAL BENEFITS the end of this joint statement reflects the The conference agreement includes (INCLUDING TRANSFER OF FUNDS) activity distribution agreed to by the con- ferees. $71,819,000 for the Office of Inspector General, Within the total transferred to this ac- instead of $70,819,000 as proposed by the count from fair share entities to pay the cost The conference agreement includes $73,248,000 for the Bureau of International House and $72,819,000 as proposed by the Sen- of administration of the Federal Employees’ ate. Compensation Act, the conference agree- Labor Affairs (ILAB), instead of $12,419,000 as ment provides that $27,148,000 shall be made proposed by the House and $93,248,000 as pro- GENERAL PROVISIONS available for automated workload processing posed by the Senate. Of this amount, the JOB CORPS conferees’ recommendation includes operations, including document imaging, The conference agreement includes lan- $38,000,000 for the U.S. contribution to the centralized mail intake and medical bill guage that prohibits the use of funds for the ILO’s International Program for the Elimi- processing, as proposed by the Senate, in- Job Corps to pay the salary of any indi- nation of Child Labor [IPEC] and $23,000,000 stead of $18,454,000 as proposed by the House. vidual, either as direct costs or any pro-ra- for bilateral assistance to improve access to ADMINISTRATIVE EXPENSES, ENERGY tion as an indirect cost, at a rate in excess basic education in international areas with a EMPLOYEES of Executive Level I, instead of Executive high rate of abusive and exploitative child Level II as proposed by the House. The Sen- OCCUPATIONAL ILLNESS COMPENSATION FUND labor. The conferees concur with the Senate ate bill did not contain a similar provision. (INCLUDING TRANSFER OF FUNDS) directive that $4,500,000 of the basic edu- The conference agreement includes lan- Within the total, the conference agreement cation funds be distributed in a 3-year grant guage not contained in House or Senate bills includes a proviso transferring $4,500,000 to to a human rights center at a major univer- directing the Secretary to establish and the National Institute for Occupational Safe- sity with expertise in African studies, child maintain an Office of Job Corps within the ty and Health for use by the Advisory Board labor and business ethics to provide critical Office of the Secretary of Labor. The Sec- on Radiation and Worker Health, as proposed oversight of both the public and private in- retary is directed to transfer current Job by the Senate. The House bill contained no vestment. The conferees expect that any Corps functions and staff from the Employ- similar provision. grant or contract to provide this oversight ment and Training Administration to the OCCUPATIONAL SAFETY AND HEALTH will include annual reporting requirements Job Corps office established in the Office of ADMINISTRATION to both the Congress and the Department by the Secretary. To ensure continuity, the the end of each federal fiscal year. That re- SALARIES AND EXPENSES Secretary is further directed to staff the new port should cite progress made on key points The conference agreement includes agency with the staff in place as of October of the protocol including: development of a $477,199,000 for the Occupational Safety and 1, 2005 and at a level of FTE approved as of child labor monitoring system by industry, Health Administration as proposed by the October 31, 2005. House instead of $477,491,000 as proposed by the elimination of the worst forms of child ONE PERCENT TRANSFER AUTHORITY the Senate. The detailed table at the end of labor in the supply chain, and the develop- this joint statement reflects the activity dis- ment of an industry-wide, public, trans- The conference agreement includes a pro- tribution agreed to by the conferees. parent certification system covering at least vision as proposed by the Senate limiting the The conference agreement includes a limi- 50 percent of the growing area in the Ivory authority to transfer or reprogram funds be- tation regarding OSHA’s enforcement of the Coast and Ghana. tween a program, project or activity and re- Respiratory Standard as it applies to tuber- For other ILAB programs, including 125 quiring a 15 day notification of any re- culosis, as proposed by the House. The Sen- FTE for Federal Administration, the con- programming request or announcement of ate bill contained no similar provision. ferees have included $12,248,000. Within this such transfer or reprogramming request. The MINE SAFETY AND HEALTH ADMINISTRATION amount, the conferees have included suffi- House bill contained a similar provision. cient funding for the compilation of the SALARIES AND EXPENSES DENALI COMMISSION statutorily required report tracking the The conference agreement includes a pro- The conference agreement includes a pro- progress of countries that are designated as vision as proposed by the Senate that au- vision that authorizes the Secretary to rec- beneficiaries under the U.S. Generalized Sys- ognize the Joseph A. Holmes Safety Associa- thorizes to be appropriated such sums as tem of Preferences [GSP] or former GSP re- tion as a principal safety association and to may be necessary to the Denali Commission cipients who achieved a free trade agreement provide funds and personnel to the organiza- to conduct job training where Denali Com- over the preceding two years. The conferees tion, as proposed by the House. The Senate mission projects will be constructed. The concur with a Senate mandate that the 2006 bill contained no similar provision. House bill contained no similar provision. report shall be transmitted to the Congress BUREAU OF LABOR STATISTICS no later than September 1, 2006. CONGRESSIONAL JUSTIFICATIONS SALARIES AND EXPENSES The conference agreement does not include The conference agreement includes bill The conference agreement includes a pro- provisos in the Senate bill intended to en- language proposed by the Senate requiring vision maintaining the women worker series sure that decisions on appeals of Longshore the Department of Labor to submit its fiscal

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 28022 CONGRESSIONAL RECORD—HOUSE December 13, 2005 year 2007 congressional budget justifications vided by the Senate. The House bill provided amount will be used to continue the oral in the format and level of detail used by the $39,180,000. Within the total provided, the health demonstration programs and activi- Department of Education in its fiscal year conferees have included bill language similar ties in the States. The House and Senate 2006 congressional budget justifications. The to that contained in the Senate bill creating both proposed $5,000,000 for this program. House bill contained no similar provision. the authority and identifying $25,000,000 for a The conference agreement also includes NEW YORK RESCISSION Delta health initiative rural health, edu- within the SPRANS set-aside $1,552,000 to cation, and workforce infrastructure pro- continue mental health programs and activi- The conference agreement does not include gram. The House bill had no similar provi- ties in the States, $2,910,000 to continue the language as proposed by the Senate making sion. The conferees urge HRSA to implement epilepsy demonstration, and $1,940,000 to con- $125,000,000 available to the New York State this program by a competitive grant to a tinue newborn and child screening for heri- Uninsured Employers Fund and to the Cen- non-Federal, not-for-profit alliance of no less table disorders. The conferees provide ters for Disease Control and Prevention for than four academic institutions who have a $1,000,000 for a fetal alcohol syndrome dem- purposes related to the September 11, 2001 history of collaboration, along with their onstration program as described in the Sen- terrorist attacks. The House bill contained State Medical Association and State Hos- ate report. The House and Senate had both no similar provision. pital Association, for the purpose of address- proposed $3,000,000 for the epilepsy dem- OPERATING PLAN ing longstanding, unmet health needs in the onstration. The House had proposed $3,000,000 The conferees note that the Department Mississippi Delta, including health edu- for the heritable disorders screening pro- failed to submit a fiscal year 2005 operating cation, access and research, and job training. gram; the Senate had proposed $2,000,000. The plan for pilots, demonstrations and research Alliance partners should include an aca- Senate proposed $3,000,000 for the mental activities as requested last year in House Re- demic health center, at least two regional health programs, while the House had not port 108–792. This plan is nearly six months universities, a school of nursing, and a rela- proposed funding for this program. The Sen- late. Accordingly, the conferees have in- tionship with a strong economic develop- ate proposed $1,000,000 for the fetal alcohol cluded bill language directing the Depart- ment entity. The alliance should have expe- syndrome demonstration, while the House ment to provide not later than July 1, 2006 rience working with Federally qualified had not proposed funding for this program. an operating plan that outlines the planned health centers and local health departments. The conference agreement includes bill allocation by major project and activity of The alliance should have experience in diabe- language as proposed by the Senate pro- fiscal year 2006 funds for pilot, demonstra- tes education and management, promoting viding $39,680,000 to the Denali Commission tion, multi-service, research and multi-state healthy communities, health education and as a direct lump payment pursuant to P.L. projects. The conferees direct that the De- wellness. 106–113. The House did not include funding partment submit a quarterly report begin- The conferees have not included either bill for the Commission. The conferees concur ning in January 2006 to the House and Senate language proposed by the Senate identifying with the Senate report language regarding Appropriations Committees on the status of $20,000,000 for base grant adjustments for ex- the allocation of Denali funds to a mix of fa- awards made for pilot, demonstration, multi- isting community health centers or a similar cilities. service, research, and multi-state projects directive included in the House report. The conference agreement provides under section 171 of the Workforce Invest- The conference agreement includes bill $14,100,000 for Native Hawaiian health care ment Act. This quarterly report shall be sub- language identifying $40,000 for malpractice activities within the consolidated health mitted to the House and Senate Committees insurance for volunteer physicians who prac- centers program as proposed by the Senate. on Appropriations no later than 45 days after tice at free clinics, including administrative The House did not identify specific funding the end of each quarter and shall include the expenses, instead of $99,000 as proposed by for Native Hawaiian activities. following information: a list of all awards the Senate. The House did not provide fund- The conference agreement provides made during the quarter and for each award ing for this program. The conferees under- $4,000,000 for allied health training programs, shall include the grantee or contractor, the stand that claims against the Federal mal- of which $2,000,000 is allocated to the chiro- amount of the award, the funding source for practice insurance are not likely to appear practic-medical school demonstration grant the award, whether the award was made until at least fiscal year 2007, but want to and $2,000,000 is designated for the graduate competitively or by sole source and, if sole signal the intent to continue the program. psychology training program. The Senate source, the justification, the purpose of the The conference agreement does not include provided $11,753,000 for allied health pro- award, and expected outcomes. bill language identifying funding for commu- grams. The House did not provide funding. TITLE II—DEPARTMENT OF HEALTH AND nity health centers in high-need counties. The conferees concur in the Senate report HUMAN SERVICES The Senate bill identified $13,000,000 for this language identifying $3,000,000 within trau- purpose; the House bill identified $26,000,000. matic brain injury funding for protection HEALTH RESOURCES AND SERVICES The conferees direct that the increase in and advocacy services. The House report did ADMINISTRATION funding provided for community health cen- not have similar language. HEALTH RESOURCES AND SERVICES ters be allocated for the center applications The conferees concur with the Senate re- The conference agreement includes that have already been approved and an- port language regarding the recompetition of $6,654,661,000 for health resources and serv- nounced in April 2005. The House and Senate Healthy Start programs. ices, of which $6,629,661,000 is provided as reports had similar references to pre-ap- Within funds provided to the Office of the budget authority and $25,000,000 is made proved awards. Advancement of Telehealth, $3,000,000 has available from the Public Health Service pol- The conference agreement includes bill been included to carry out programs and ac- icy evaluation set-aside, instead of language contained in the Senate bill per- tivities under the Health Care Safety Net $6,468,437,000 as proposed by the House and mitting funding appropriated for the com- Amendments of 2002 (Public Law 107–251). Of $7,396,534,000 as proposed by the Senate. munity health centers Federal malpractice that amount, the conferees intend that Funds for the individual HRSA programs are claims program to be used for administrative $1,500,000 be used to fund telehealth resource displayed in the table at the end of the state- expenses. The House bill included no similar centers that provide assistance with respect ment of the managers. Funding levels that provision. to technical, legal, regulatory service deliv- were in disagreement but not displayed on The conference agreement includes bill ery or other related barriers to the develop- the table are discussed in this statement. language providing $4,000,000 to remain avail- ment of telehealth technologies. The con- The conference agreement includes a tech- able until expended for the National Cord ferees intend that HRSA place a high pri- nical bill language change to eliminate an Blood Stem Cell Bank Program. The Senate ority on the needs of rural States with popu- unnecessary citation of the Poison Control bill provided $9,859,000. The House did not lations of less than 1,500,000 individuals in Center Act which was included in both bills. provide funding for this program. the award and geographical placement of the The conference agreement includes a cita- The conference agreement includes bill telehealth resource grants. The conferees in- tion for section 712 of the American Jobs language designating $117,108,000 out of the tend that $750,000 will be used for network Creation Act of 2004 for authority for the funds provided for the maternal and child grants and demonstration or pilot projects sickle cell demonstration program. The health block grant to be for special projects for telehomecare and that $750,000 will be House bill did not include a similar citation. of regional and national significance used for grants to carry out the licensure The conference agreement does not include (SPRANS). The Senate bill provided provisions in Section 102 of Public Law 107– bill language proposed by the Senate pro- $121,396,250 for this purpose; the House pro- 251. viding $393,051,000 for construction and ren- vided $116,124,000. It is intended that The conferees agree that family planning ovation of health care and other facilities $3,880,000 of the SPRANS amount will be funds should be distributed to regional of- and other health-related activities. The used to continue the sickle cell newborn fices in the same manner and time frame as House bill included no similar language. screening program and its locally based out- in fiscal year 2005. In addition, conferees in- The conference agreement includes bill reach and counseling efforts. The House and tend that the same percentage of appro- language identifying $64,180,000 for the rural Senate both proposed $4,000,000 for this pro- priated family planning funds be used for hospital flexibility grants program, as pro- gram. In addition, $4,850,000 of the SPRANS clinical services as in fiscal year 2005.

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28023 Within the funds provided for bioterrorism $12,794,000—National Immunization Sur- for HIV/AIDS, STD and TB prevention, the grants to States, the conference agreement veys; same as proposed by the House and $713,000 includes $475,000,000 for State grants, $109,021,000—National Center for Health below the amount proposed by the Senate. $21,000,000 for education incentives for med- Statistics Surveys; Included is $657,694,000 for domestic HIV/ ical school curriculum, and $4,000,000 to con- $24,751,000—Information systems standards AIDS activities; $159,633,000 for STD activi- tinue the credentialing emergency system development and architecture and applica- ties; and $138,811,000 for TB activities. for advance registration of volunteer health tions-based research used at local public Within the total for HIV/AIDS, the con- professionals. The conferees do not provide health levels; ferees intend that the activities that are tar- funding for a medical surge capacity dem- $463,000—Health Marketing evaluations; geted to address the growing HIV/AIDS epi- onstration as requested by the Administra- $31,000,000—Public Health Research; and demic and its disparate impact on commu- tion. The House provided $464,479,000 for $87,071,000—Research Tools and Approaches nities of color, including African Americans, State grants; $8,000,000 for credentialing; within the National Occupational Research Latinos, Native Americans, Asian Ameri- $27,521,000 for training; and no funding for a Agenda. cans, Native Hawaiians, and Pacific Island- The conference agreement includes bill surge capacity demonstration. The Senate ers be supported at not less than the fiscal language providing that up to $31,800,000 is provided $458,000,000 for State grants, indi- year 2005 level, as proposed by the House. available until expended for individual learn- cating that credentialing, deployable mass The conferees intend that CDC follow the re- ing accounts, as proposed by the Senate. The casualty units and increases to the medical port accompanying the Labor, HHS and Edu- House bill had included $30,000,000 for the reserve corps could be supported within that cation and Related Agencies Appropriations same purpose. total; $27,500,000 for training; and $25,000,000 Act, 2002 regarding the disbursement of these The conference agreement includes bill funds, including continuing support for the for a national surge capacity demonstration. language carried in prior years to allow the The conference agreement includes Directly Funded Minority Community-Based CDC to enter into a single contract or re- $145,992,000 for program management instead Organization Program. lated contracts for the full scope of develop- of $143,992,000 as provided by the Senate and ment and construction of facilities as pro- IMMUNIZATION $143,072,000 as provided by the House. The posed by both the House and the Senate. The Within the total for Infectious Diseases, conference agreement includes $2,000,000 agreement does not include language pro- the conference agreement includes a discre- within this activity for dental workforce posed by the Senate to allow funds appro- tionary program level of $524,994,000 for im- programs authorized in section 340G of the priated to the CDC to be used to enter into munization, instead of $526,500,000 as pro- Public Health Service Act. The Senate pro- a long-term ground lease for construction on posed by the House and $523,500,000 as pro- vided $5,000,000 for this activity; the House non-Federal land. The conferees understand posed by the Senate. Of the amount pro- did not propose funding for the program. that this language is no longer necessary for vided, $12,794,000 is for national immuniza- VACCINE INJURY COMPENSATION PROGRAM the completion of the laboratory in the Fort tion surveys to be derived from section 241 TRUST FUND Collins, Colorado area. evaluation set-aside funds, the same as pro- The conference agreement provides Given the full-scope contract authority, posed by both the House and Senate. $3,600,000 for administration for the Trust the conferees understand that sufficient The conferees note, that subsequent to Fund as proposed by the Senate instead of funds are available from within amounts pro- House action, $5,214,000 was reallocated to $3,500,000 as proposed by the House. vided for buildings and facilities for Global Immunization activities within Glob- CENTERS FOR DISEASE CONTROL AND unabated progress on the B&F Master Plan al Health to more accurately reflect immu- PREVENTION and to support the new data center recovery nization program levels prior to CDC’s re- site, including the center’s operations and cent reorganization. DISEASE CONTROL, RESEARCH, AND TRAINING maintenance services. In addition, the Vaccines for Children The conference agreement includes The conference agreement includes bill (VFC) program funded through the Medicaid $5,884,934,000 for disease control, research, language providing that employees of the program includes $1,502,333,000 in vaccine and training at the Centers for Disease Con- CDC or the Public Health Service, detailed purchases and distribution support for fiscal trol and Prevention (CDC), instead of to States, municipalities, or other organiza- year 2006, yielding a total domestic immuni- $5,945,991,000 as proposed by the House and tions under authority of section 214 of the zation program level of $2,027,327,000. $6,064,115,000 as proposed by the Senate. In Public Health Service Act shall be treated as Included in the amount provided is addition, $265,100,000 is made available under non-Federal employees for reporting pur- $461,478,000 for immunization assistance to section 241 of the Public Health Service Act. poses only and shall not be included within states and localities under the section 317 The House bill proposed that $159,595,000 and any personnel ceiling applicable to the Agen- immunization program, $4,960,000 for vaccine the Senate bill proposed that $265,100,000 be cy. The House bill included similar language tracking, and $58,556,000 for prevention ac- derived from section 241 authority. but limited to employees detailed for pur- tivities. The conferees intend that the The conference agreement includes bill poses related to homeland security. $1,494,000 provided above the request for pre- language earmarking $160,000,000 for equip- INFECTIOUS DISEASES vention activities support expanded vaccine ment, construction, and renovation of facili- The conference agreement includes safety research as outlined in the House Re- ties, including the new data center and re- $1,697,397,000 for Infectious Diseases, instead port. covery site to ensure availability of critical of $1,704,529,000 as proposed by the House and HEALTH PROMOTION systems and data supporting CDC’s home- $1,696,567,000 as proposed by the Senate. In land security and public health emergency The conference agreement includes addition, $12,794,000 is available to carry out responsibilities, instead of $30,000,000 as pro- $971,157,000 for Health Promotion, instead of National Immunization Surveys to be de- posed by the House and $225,000,000 as pro- $983,647,000 as proposed by the House and rived from section 241 evaluation set-aside posed by the Senate. Within this total, $974,080,000 as proposed by the Senate. funds. The conferees note that unless otherwise $136,000,000 is for continuation of CDC’s pro- The conferees note that unless otherwise specified, the sub-budget activity amounts gram to upgrade and replace facilities in At- specified, the sub-budget activity amounts provided for Health Promotion are at the lanta and $24,000,000 is to continue construc- provided are at the levels recommended in levels recommended in the budget request. tion and purchase equipment for the replace- the budget request. The conference agreement does not include ment of CDC’s infectious disease laboratory INFECTIOUS DISEASE CONTROL $2,421,000 for a new program to award grants in Fort Collins, Colorado. to organizations in the area of chronic dis- The conference agreement includes bill Within the total for Infectious Diseases, ease prevention and birth defects and devel- language providing that within the amount the conference agreement includes opmental disabilities as proposed by the Sen- available, $530,000,000 shall remain available $229,059,000 for infectious disease control ac- ate. until expended for the Strategic National tivities instead of $229,471,000 as proposed by Stockpile, the same as proposed by the the House and $229,010,000 as proposed by the CHRONIC DISEASE PREVENTION, HEALTH House. The Senate bill included $542,000,000 Senate. PROMOTION, AND GENOMICS for this purpose. Within the total, $102,650,000 is for areas of Within the amount for Health Promotion, The conference agreement includes bill highest scientific and programmatic priority the conference agreement includes language to earmark $123,883,000 for inter- for preparing and responding to present and $845,135,000 for chronic disease prevention national HIV/AIDS, the same as proposed by emerging infectious disease threats. and health promotion instead of $856,468,000 both the House and the Senate. Within the total provided, $5,500,000 is to as proposed by the House and $845,845,000 as The conference agreement includes bill expand and improve surveillance, research, proposed by the Senate. language as proposed by the Senate, and and prevention activities on prion disease, The conference agreement includes the fol- similar to language proposed by the House, including the work of the National Prion lowing amounts: designating that the following amounts shall Disease Pathology Surveillance Center. be available under section 241 (Public Health HIV/AIDS, STD AND TB PREVENTION Budget activity ($ in thou- sands) Service Act evaluation set-aside) for the Within the total for Infectious Diseases the specified activities: conference agreement includes $956,138,000 Heart Disease and Stroke ...... 44,918

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($ in thou- the harmful effects of excessive consumption $285,721,000 as proposed by the House and Budget activity sands) of soft drinks. $288,982,000 as proposed by the Senate. Within the funds for Genomics, $2,546,000 is The conferees note that unless otherwise Diabetes ...... 63,757 Cancer Prevention and Control ...... 311,023 provided to support and expand activities re- specified, the sub-budget activity amounts Arthritis and Other Chronic Diseases ...... 22,693 lated to Primary Immune Deficiency Syn- provided for Environment Health and Injury Tobacco ...... 105,858 drome implemented in the same manner as Prevention are at the levels recommended in Nutrition, Physical Activity, and Obesity ...... 41,939 Health Promotion ...... 27,721 in fiscal year 2005 and as outlined in the Sen- the budget request. School Health ...... 56,760 ate report. ENVIRONMENTAL HEALTH Safe Motherhood/Infant Health ...... 44,740 BIRTH DEFECTS Oral Health ...... 11,800 Within the funds available for Environ- Prevention Centers ...... 30,000 Within the amount available for Health mental Health and Injury Prevention, the Steps to a Healthier U.S...... 44,300 Promotion, the conference agreement in- conference agreement includes $147,293,000 Racial and Ethnic Approach to Community Health (REACH) ... 34,605 Genomics ...... 5,022 cludes $126,022,000 for birth defects, develop- for environmental health instead of mental disabilities, disability and health in- $147,483,000 as proposed by the House and Within the amount provided for Cancer stead of $127,179,000 as proposed by the House $147,417,000 as proposed by the Senate. Prevention and Control the conference and $125,815,000 as proposed by the Senate. Within the total, $900,000 is provided to agreement includes $17,113,000 for com- Within the total, the following amounts begin a nationwide Amyotrophic Lateral prehensive cancer activities, including are provided for the specified activities: Sclerosis (ALS) registry as recommended in $100,000 for a national education campaign the Senate report. ($ in thou- The conferees also urge the CDC to main- concerning gynecologic cancer. The con- Budget activity sands) ferees urge that the CDC coordinate this ef- tain support for the Environmental and fort both with the Office of Women’s Health, Folic Acid ...... 2,300 Health Outcome Tracking Network and the within the Office of the Secretary, and quali- Tourette Syndrome ...... 1,800 Landmine Survivor Network at not less than Early Hearing Detection and Intervention ...... 6,600 the fiscal year 2005 level. fied non-profit private sector organizations. Muscular Dystrophy ...... 6,500 The conferees also reiterate their support Special Olympics Healthy Athletes ...... 5,700 INJURY PREVENTION AND CONTROL for the CDC’s partnership with the Lance Paralysis Resource Center (Christopher Reeve) ...... 6,000 Within the funds provided for Environ- Spina Bifida ...... 5,100 Armstrong Foundation and have provided Autism ...... 15,300 mental Health and Injury Prevention, the sufficient funds to continue support of the conference agreement includes $140,440,000 National Cancer Survivorship Resource Cen- The conferees strongly support the activi- for injury control, instead of $138,237,000 as ter at not less than the fiscal year 2005 level. ties of both the National Folic Acid Edu- proposed by the House and $141,565,000 as pro- Within the amount provided for Arthritis cation and Prevention Program and National posed by the Senate. and Other Chronic Diseases, $7,762,000 is Spina Bifida Program and believe the activi- Within the total for injury prevention and available for epilepsy activities. ties are complementary. The National Folic control, $105,083,000 is for intentional injury The conferees concur that the increase pro- Acid Education Program’s goal is primary prevention activities, including $24,379,000 vided for tobacco activities is for an en- prevention through the promotion of the for Youth Violence Prevention as outlined in hanced counter-marketing program to re- consumption of folic acid to prevent Spina the Senate report (of which $12,028,000 is for duce underage tobacco use, as proposed by Bifida and other neural tube defects. The Na- youth violence base funding), and not less the Senate. The conferees expect that this tional Spina Bifida Program works to im- than the fiscal year 2005 level is for the Na- effort will be carried out by a private sector prove the quality of life for individuals af- tional Violent Death Reporting System. organization that will match federal dollars fected by Spina Bifida and reduce and pre- In addition, $35,357,000 of the amounts for at least equally and has demonstrated effec- vent the occurrence of, and suffering from injury prevention and control is for uninten- tiveness in this area. this birth defect. The conferees have pro- tional injury. The conferees are agreed that The conferees understand that the Centers vided $7,400,000 for these activities. In order sufficient funds are provided to support the for Disease Control and Prevention (CDC) is to achieve budget transparency, prevent any existing Injury Control Research Centers at now the lead federal agency for the National overlap of effort, ensure the continued prop- not less than the fiscal year 2005 level. 5 A Day Program and that funding will be er balance between primary prevention and OCCUPATIONAL SAFETY AND HEALTH transferred for fiscal year 2006 from the pre- quality of life activities, and to maximize The conference agreement provides a total vious lead federal agency, the National Can- the effectiveness of these funds, the con- program level of $256,971,000 for occupational cer Institute, to CDC. ferees request that CDC develop a com- safety and health, instead of $251,241,000 as The conferees urge CDC to set up a 5 A Day prehensive strategic plan whose goal is to es- proposed by the House and $257,121,000 as pro- Program with a distinct program identity tablish a unified program to be housed in the posed by the Senate. Within that amount, within its Division of Nutrition and Physical Human Development and Disability Division $87,071,000 is available to carry out research Activity, and that this program receive the and to be prepared to report on the feasi- tools and approaches activities within the necessary resources, both fiscal and des- bility of such a unified program during fiscal National Occupational Research Agenda ignated full time equivalents (FTEs), to en- year 2007 budget hearings. (NORA) to be derived from section 241 eval- sure that the CDC provides national leader- Within the amount for activities related to uation set-aside funds. ship, strong technical assistance and train- Duchenne and Becker Muscular Dystrophy, The conference agreement includes suffi- ing to State 5 A Day programs, effective $750,000 is to enhance the coordinated edu- cient funds to maintain staffing levels at the communications, and other activities to en- cation and outreach initiative through the Morgantown facility as proposed by the Sen- courage Americans to eat more fruits and Parent Project Muscular Dystrophy. In addi- ate. vegetables and move closer to meeting the tion, the conferees concur in the directive in Within the amount provided, $1,000,000 is recommendations of the 2005 Dietary Guide- the Senate report for CDC to develop and for the establishment of a National Mesothe- lines for Americans. submit a strategic plan for the Duchenne and lioma Registry and Tissue Bank as described The conferees encourage CDC to collabo- Becker Muscular Dystrophy program by May in the Senate report. The conferees strongly rate with the West Virginia Department of 1, 2006. encourage NIOSH to work closely with the Health and Human Resources to develop a Within the amount for Autism activities, mesothelioma research and patient commu- model obesity prevention program that could $14,750,000 is for surveillance and research nity in developing the registry and tissue be replicated nationwide. and $550,000 is to continue and expand the na- bank to maximize the effectiveness of data The conferees provide the following tional autism awareness campaign. collection and allow researchers real time amounts from within funds provided for access to clinical data associated with tissue Community Health Promotion: HEALTH INFORMATION AND SERVICE The conference agreement includes specimens from the registry. Organizations eligible to implement the ($ in thou- $89,564,000 for Health Information and Serv- Budget activity registry and tissue bank should have a dem- sands) ice, the same as proposed by the Senate. The onstrated history of collaborative mesothe- House had included $195,069,000. In addition, Mind-Body Institute ...... 1,800 lioma research and experience working with, Glaucoma ...... 3,500 $134,235,000, to be derived from section 241 and access to, the patient population. Eligi- Visual Screening Education ...... 2,500 evaluation set-aside funds, is included to Alzheimer’s Disease ...... 1,650 ble applicants should share the goal of devel- carry out National Center for Health Statis- Inflammatory Bowel Disease ...... 700 oping a cost-effective infrastructure and Interstitial Cystitis ...... 690 tics surveys, Public Health Informatics eval- have a data-sharing plan that will ensure the Pioneering Healthier Communities (YMCA) ...... 1,450 uations, and health marketing evaluations. Kidney Disease ...... 1,800 registry and tissue bank will be used to ex- ENVIRONMENTAL HEALTH AND INJURY pand scientific discovery and effective treat- The conferees concur with language in the PREVENTION ments to benefit the mesothelioma research Senate report providing that $50,000 from The conference agreement includes and patient community. within Oral Health be used to develop an in- $287,733,000 for Environmental Health and In- The agreement also includes $150,000 above structional video for school age children on jury Prevention activities, instead of the budget request to expand support for the

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This (INCLUDING TRANSFER OF FUNDS) program was initiated in the Department of support to the Director’s Discretionary Fund The conference agreement includes Labor to encourage all miners to obtain free upon notification of the Committees on Ap- $4,459,395,000 for the National Institute of Al- and confidential chest x-rays to obtain more propriations in the House and Senate. lergy and Infectious Diseases instead of data on the prevalence of Coal Workers’ The conferees also request that CDC con- $4,359,395,000 as proposed by the House and Pneumonconiosis in support of development tinue to include at least the level of detail $4,547,136,000 as proposed by the Senate. of new respirable coal dust rules. provided in past years in the Justification of Estimates for the Appropriations Commit- The conference agreement includes bill GLOBAL HEALTH tees, including the functional tables for each language permitting the transfer of The conference agreement provides budget activity, the mechanism table by ac- $100,000,000 to International Assistance Pro- $313,340,000 for Global Health activities, in- tivity, and the crosswalks of funding be- grams, Global Fund to Fight HIV/AIDS, Ma- stead of $309,076,000 as proposed by the House tween programs and CDC organizations. laria, and Tuberculosis as proposed by the and $313,227,000 as proposed by the Senate. The conferees also request that the CDC Senate. The House bill did not permit a Within the total: prepare and submit a report to the House and transfer. $123,883,000 is for Global HIV/AIDS; Senate Committees on Appropriations de- NATIONAL INSTITUTE OF GENERAL MEDICAL $144,455,000 is for Global Immunization, in- tailing intramural and extramural funding SCIENCES cluding $101,254,000 for Polio Eradication and splits by sub-budget activity by no later The conference agreement includes $43,201,000 for other global immunization ac- than March 1, 2006. The report should include $1,955,170,000 for the National Institute of tivities; actual splits for fiscal years 2004 and 2005, as General Medical Sciences as proposed by the $9,113,000 is for Global Malaria; and well as estimates for fiscal years 2006 and House instead of $2,002,622,000 as proposed by $33,503,000 is for Global Disease Detection. 2007. the Senate. The conferees note, that subsequent to The conferees continue to support partner- NATIONAL INSTITUTE OF CHILD HEALTH AND House action, $5,214,000 was reallocated from ships between CDC and the minority health HUMAN DEVELOPMENT the domestic immunization program to professions community. The conference agreement includes Global Immunization activities. This re- NATIONAL INSTITUTES OF HEALTH $1,277,544,000 for the National Institute of allocation more accurately reflects immuni- NATIONAL CANCER INSTITUTE zation program levels prior to CDC’s recent Child Health and Human Development as The conference agreement includes reorganization. proposed by the House instead of $4,841,774,000 for the National Cancer Insti- $1,310,989,000 as proposed by the Senate. PUBLIC HEALTH RESEARCH tute as proposed by the House instead of NATIONAL EYE INSTITUTE The conference agreement includes $4,960,828,000 as proposed by the Senate. The conference agreement includes $31,000,000, to be derived from section 241 The conferees urge the NCI to respond to $673,491,000 for the National Eye Institute as evaluation set-aside funds, for Public Health the Bladder and Kidney Research Progress proposed by the House instead of $693,559,000 Research. Review Group report and encourage appro- as proposed by the Senate. PUBLIC HEALTH IMPROVEMENT AND LEADERSHIP priate funding for bladder and kidney cancer research. NATIONAL INSTITUTE OF ENVIRONMENTAL The conference agreement includes NATIONAL HEART, LUNG AND BLOOD INSTITUTE HEALTH SCIENCES $206,535,000 for Public Health Improvement The conference agreement includes The conference agreement includes and Leadership instead of $258,541,000 as pro- $647,608,000 for the National Institute of En- posed by the House and $344,055,000 as pro- $2,951,270,000 for the National Heart, Lung and Blood Institute as proposed by the House vironmental Health Sciences as proposed by posed by the Senate. the House instead of $667,372,000 as proposed Within the total, $7,930,000 is included for a instead of $3,023,381,000 as proposed by the Senate. by the Senate. Director’s Discretionary Fund to support ac- The conferees urge NIEHS to work with NATIONAL INSTITUTE OF DENTAL AND tivities deemed by the Director as having CDC and expert independent researchers on CRANIOFACIAL RESEARCH high scientific and programmatic priority research that could identify or rule out any and to respond to emergency public health The conference agreement includes association between thimerosal exposure in requirements. The conferees concur with lan- $393,269,000 for the National Institute of Den- pediatric vaccines and increased rates of au- guage in the Senate report regarding the Di- tal and Craniofacial Research as proposed by tism. The conferees believe that the Vaccine rector’s authority to reallocate management the House instead of $405,269,000 as proposed Safety Datalink (VSD), a CDC-constructed savings to the Director’s Discretionary Fund by the Senate. database that follows 7 million immunized upon notification of the Committees on Ap- NATIONAL INSTITUTE OF DIABETES AND children from 1990 to present, could be help- propriations in the House and Senate. DIGESTIVE AND KIDNEY DISEASES ful in the research, especially regarding pre- PREVENTIVE HEALTH SERVICES BLOCK GRANT The conference agreement includes 2001 VSD data and post-2000 VSD data, since The conference agreement includes $1,722,146,000 for the National Institute of Di- thimerosal was removed from most child- $100,000,000 for the Preventive Health Serv- abetes and Digestive and Kidney Diseases as hood vaccines in 2001. The conferees urge ices Block Grant, the same as proposed by proposed by the House instead of NIEHS and CDC to organize a workshop by the Senate and the House. $1,767,919,000 as proposed by the Senate. An May 2006 to explore the research possibilities amount of $150,000,000 is also available to the and scientific feasibility of such a study and TERRORISM AND PUBLIC HEALTH PREPAREDNESS Institute through a permanent appropriation report back to the House and Senate Appro- The conference agreement includes for juvenile diabetes. priations Committees soon after. $1,593,189,000 for activities related to ter- The conferees urge NIDDK to continue to NATIONAL INSTITUTE ON AGING rorism and public health preparedness, in- support and develop the ‘‘Urologic Diseases The conference agreement includes stead of $1,616,723,000 as proposed by the in America’’ report and to include urological $1,057,203,000 for the National Institute on House and $1,566,471,000 as proposed by the complications as well as diabetes and obesity Aging as proposed by the House instead of Senate. research initiatives. The conferees further $1,090,600,000 as proposed by the Senate. Within the total, $831,994,000 is for Upgrad- encourage the Institute to continue the Uri- ing State and Local Capacity; $137,972,000 is nary Incontinence Treatment Network and NATIONAL INSTITUTE OF ARTHRITIS AND for Upgrading CDC Capacity; $14,000,000 is for to convene an external strategic planning MUSCULOSKELETAL AND SKIN DISEASES Anthrax Studies; $79,223,000 is for the Bio- group to develop future urology clinical The conference agreement includes surveillance Initiative; and $530,000,000 is for trials. The conferees also encourage the In- $513,063,000 for the National Institute of Ar- the Strategic National Stockpile. stitute to convene a Strategic Planning thritis and Musculoskeletal and Skin Dis- Of the funds available for Upgrading State Group to make recommendations on basic eases as proposed by the House instead of and Local Capacity, the conference agree- and clinical research in men’s health, includ- $525,758,000 as proposed by the Senate. ment includes: $768,695,000 for bioterrorism ing the development of biomarkers to distin- NATIONAL INSTITUTE ON DEAFNESS AND OTHER cooperative agreements; $31,000,000 for Cen- guish benign prostatic hyperplasia from COMMUNICATION DISORDERS ters for Public Health Preparedness; and prostate cancer. The conference agreement includes $5,400,000 for Advanced Practice Centers. NATIONAL INSTITUTE OF NEUROLOGICAL $397,432,000 for the National Institute on BUSINESS SERVICES SUPPORT DISORDERS AND STROKE Deafness and Other Communication Dis- The conference agreement includes The conference agreement includes orders as proposed by the House instead of $296,119,000 for Business Services Support, as $1,550,260,000 for the National Institute of $409,432,000 as proposed by the Senate.

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NATIONAL INSTITUTE OF NURSING RESEARCH ity Health and Health Disparities as pro- portfolio and funding responsibility among The conference agreement includes posed by the House instead of $203,367,000 as the affected ICs, and should encourage co- $138,729,000 for the National Institute of proposed by the Senate. funded trans-Institute research initiatives. Nursing Research as proposed by the House JOHN E. FOGARTY INTERNATIONAL CENTER The conferees request a report to the House instead of $142,549,000 as proposed by the Sen- The conference agreement includes and Senate Appropriations Committees de- ate. $67,048,000 for the John E. Fogarty Inter- scribing the new framework and its relation- NATIONAL INSTITUTE ON ALCOHOL ABUSE AND national Center as proposed by the House in- ship to the Office of Portfolio Analysis and ALCOHOLISM stead of $68,745,000 as proposed by the Senate. Strategic Initiatives by May 1, 2006. BUILDINGS AND FACILITIES The conference agreement includes NATIONAL LIBRARY OF MEDICINE $440,333,000 for the National Institute on Al- The conference agreement provides The conference agreement includes cohol Abuse and Alcoholism as proposed by $318,091,000 for the National Library of Medi- $81,900,000 for buildings and facilities as pro- the House instead of $452,271,000 as proposed cine as proposed by the House instead of posed by the House instead of $113,626,000 as by the Senate. $327,222,000 as proposed by the Senate. In ad- proposed by the Senate. The conference agreement does not include NATIONAL INSTITUTE ON DRUG ABUSE dition, $8,200,000 is provided from section 241 bill language granting full scope authority The conference agreement includes authority as proposed by both the House and for the contracting of construction of the $1,010,130,000 for the National Institute on Senate. Drug Abuse as proposed by the House instead first and second phases of the John E. Porter OFFICE OF THE DIRECTOR of $1,035,167,000 as proposed by the Senate. Neurosciences Building as proposed by the The conferees encourage NIDA to move ex- (INCLUDING TRANSFER OF FUNDS) Senate. The House bill contained no similar peditiously on a cooperative research and de- The conference agreement includes provision. velopment agreement (CRADA) regarding $482,895,000 for the Office of the Director in- SUBSTANCE ABUSE AND MENTAL HEALTH the use of vigabatrin for the treatment of co- stead of $482,216,000 as proposed by the House SERVICES ADMINISTRATION caine and methamphetamine addiction. and $487,434,000 as proposed by the Senate. SUBSTANCE ABUSE AND MENTAL HEALTH The conference agreement includes bill NATIONAL INSTITUTE OF MENTAL HEALTH SERVICES The conference agreement includes language permitting the Office of AIDS Re- search (OAR) to use its funding to make The conference agreement includes $1,417,692,000 for the National Institute of $3,359,116,000 for substance abuse and mental Mental Health as proposed by the House in- grants for construction or renovation of fa- cilities, as provided for in section health services, of which $3,237,813,000 is pro- stead of $1,460,393,000 as proposed by the Sen- vided through budget authority and ate. 2354(a)(5)(B) of the Public Health Service Act. This language was not included in ei- $121,303,000 is provided through the evalua- NATIONAL HUMAN GENOME RESEARCH INSTITUTE ther the House or Senate bill. The conferees tion set-aside. The House bill proposed The conference agreement includes support the efforts of OAR to expand a breed- $3,352,047,000 for SAMHSA, of which $490,959,000 for the National Human Genome ing colony that will serve as a new national $121,303,000 was from the evaluation set-aside Research Institute as proposed by the House resource to breed non-human primates for and the Senate bill proposed $3,398,086,000, of instead of $502,804,000 as proposed by the Sen- which $123,303,000 was from the evaluation ate. AIDS research. The conferees understand that this breeding colony is designed to rep- set-aside. The detailed table at the end of NATIONAL INSTITUTE OF BIOMEDICAL IMAGING resent a collaboration of several National this joint statement reflects the activity dis- AND BIOENGINEERING Primate Research Centers (NPRCs). These tribution agreed to by the conferees. Within the total provided, the conference The conference agreement includes resources will further the progress in identi- agreement includes funding at no less than $299,808,000 for the National Institute of Bio- fying approaches to halt the transmission of the fiscal year 2005 level, as proposed by the medical Imaging and Bioengineering as pro- HIV, slow disease progression, and treat House, for activities throughout SAMHSA posed by the House instead of $309,091,000 as those who are HIV-infected both in the that are targeted to address the growing proposed by the Senate. United States and globally. NATIONAL CENTER FOR RESEARCH RESOURCES The conference agreement includes bill HIV/AIDS epidemic and its disparate impact The conference agreement includes language identifying $97,000,000 for bio- on communities of color, including African $1,110,203,000 for the National Center for Re- defense countermeasures that was not in- Americans, Latinos, Native Americans, search Resources instead of $1,100,203,000 as cluded in either the House or Senate bill. Asian Americans, Native Hawaiians, and Pa- proposed by the House and $1,188,079,000 as The House and Senate both included report cific Islanders. The Senate did not include proposed by the Senate. language identifying $97,021,000 for this pur- similar language. Within the total provided, the conference The conference agreement does not include pose. bill language to earmark extramural facili- The conferees believe, that to the extent agreement also includes funding at no less ties construction grants, as proposed by the resources allow, NIH should follow its cost than the fiscal year 2005 level for activities House. The Senate bill proposed $30,000,000 management plan principles, which will help throughout SAMHSA addressing the needs of for this purpose. NIH continue to maintain the purchasing the homeless as proposed by the Senate. The The conference agreement provides power of the research in which it invests. House did not include similar language. Spe- $326,000,000 from NCRR and Roadmap funds The Senate indicated that sufficient funds cifically, the conference agreement has pro- for general clinical research centers and the were included to fully pay committed levels vided funding at last year’s level for pro- clinical and translational science awards on existing grants and to provide a 3.2 per- grams directed at chronic homelessness and (CTSA) combined. The Senate provided cent increase in the average cost of new for programs directed at providing mental $327,000,000 for the combined awards; the grants. The House did not include a similar health and substance abuse treatment serv- House did not include similar language. As provision. ices to homeless individuals. indicated in the Senate report, the total The conferees encourage NCI, NIDDK and Center for Mental Health Services number of awards for the combined programs NIBIB to conduct a multi-institute study fo- The conference agreement includes should remain at 79 in fiscal year 2006. When cusing on: developing information on the his- $265,922,000 for programs of regional and na- making the CTSA awards, consideration tory of polyps, including size and other tional significance instead of $253,257,000 as must be given to the units and functions cur- histopathologic characteristics, which may proposed by the House and $287,297,000 as pro- rently carried out through the MO1 mecha- serve as indicators of future colorectal can- posed by the Senate. nism. cer; the extent to which polyps can be mon- Within the total provided, the conference The conference agreement provides agreement provides no less than last year’s $222,208,000 for the Institutional Develop- itored including colonoscopic and ment Award (IdeA) program, as proposed by colonography or other screening techniques; level of funding, $94,240,000, for programs for the House. The Senate had included and the optimal time in the course of polyp prevention of youth violence, including the $230,000,000 for this program. development when removal becomes essen- Safe Schools/Healthy Students interdepart- tial to minimize the onset of colorectal can- mental program, as proposed by the Senate. NATIONAL CENTER FOR COMPLEMENTARY AND cer. The House included $84,000,000 for these pro- ALTERNATIVE MEDICINE The conferees are disappointed that the di- grams. The conferees expect the Substance The conference agreement includes rector of NIH has not yet responded to the Abuse and Mental Health Services Adminis- $122,692,000 for the National Center for Com- recommendations of the ACD working group tration to collaborate with the Departments plementary and Alternative Medicine as pro- on research opportunities in the basic behav- of Education and Justice to continue a co- posed by the House instead of $126,978,000 as ioral sciences. The conferees urge the direc- ordinated approach. proposed by the Senate. tor of NIH, in consultation with senior IC For programs addressing youth suicide pre- NATIONAL CENTER ON MINORITY HEALTH AND leadership and the OBSSR, to develop a vention, the conference agreement includes HEALTH DISPARITIES structural framework for managing support $23,000,000 for State and campus-based pro- The conference agreement includes of NIH basic behavioral science research. grams as proposed by the Senate rather than $197,379,000 for the National Center on Minor- This framework should include a division of $8,444,000 as proposed by the House, and

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28027 $4,000,000 for the National Suicide Prevention nant, postpartum and residential women and 2007 congressional justification on how sub- Resource Center rather than $2,976,000 as pro- their children rather than $11,000,000 as pro- stance abuse prevention is being maintained posed by the House and $3,976,000 as proposed posed by the Senate. Within these funds, no as the highest priority for emphasis in both by the Senate. In addition, no less than the less than last year’s level shall be used for NREPP and SHIN. amount provided in fiscal year 2005 should be the residential treatment program for preg- Program Management allocated for the Suicide Prevention Hotline nant and postpartum women in fiscal year The conference agreement includes program and mental health screening dem- 2006 authorized under section 508 of the Pub- $92,817,000 for program management, of onstrations, as proposed by the Senate. The lic Health Service Act. The House did not in- which $16,000,000 is provided through the House report did not contain similar lan- clude similar language. evaluation set-aside. The House bill proposed guage. The conference agreement includes $91,817,000 with a $16,000,000 evaluation set- The conference agreement includes $8,166,000 to maintain the funding at the fis- aside and the Senate bill proposed $93,817,000 $29,760,000 for the National Child Traumatic cal year 2005 level for the Addiction Tech- with an $18,000,000 evaluation set-aside. Stress Initiative as proposed by the House. nology Transfer Centers as proposed by both The conference agreement includes The Senate did not include similar language. the House and Senate. The conference agreement provides The conferees understand that the Na- $1,000,000 to expand on the collaborative ef- $26,000,000 for the State incentive grants for tional Institute for Alcohol Abuse and Alco- fort by the Substance Abuse and Mental transformation as proposed by both the holism recently published an updated 2005 Health Services Administration and the Cen- House and Senate. These competitive grants edition of its clinician’s guide for treating ters for Disease Control and Prevention to will support the development of comprehen- patients who have alcohol abuse problems, establish a population-based source of data sive State mental health plans and improve titled ‘‘Helping Patients Who Drink Too on the mental and behavioral health needs in the mental health services infrastructure. Much.’’ The guide includes new information this country, rather than $2,000,000 as pro- The conference agreement provides no less on expanded options for treating alcohol de- posed by the Senate. The House did not pro- than the level allocated in fiscal year 2005 for pendent patients, including a section on ap- vide funding for this activity. grants for jail diversion programs as pro- proved medications. The conferees urge the AGENCY FOR HEALTHCARE RESEARCH AND posed by the House. The Senate did not in- Center for Substance Abuse Treatment, in QUALITY clude similar language. conjunction with its Science to Services HEALTHCARE RESEARCH AND QUALITY The conference agreement provides the agenda, to launch a counselor education ini- The conference agreement includes current level of funding for the consumer tiative to inform physicians and program $318,695,000 as proposed by the House instead and consumer-supporter national technical staff in the substance abuse community of $323,695,000 as proposed by the Senate. The assistance centers as proposed by the Senate. about the guide’s treatment recommenda- agreement makes these funds available The conferees direct the Center for Mental tions for alcohol dependence, including through the policy evaluation set-aside as Health Services to support multi-year grants pharmacotherapy options. proposed by the Senate. The House had pro- to fund five such national technical assist- As part of the $4,300,000 set-aside to evalu- vided budget authority. ance centers. The House did not include ate substance abuse treatment programs, the The conference agreement includes bill similar language. conferees encourage the Substance Abuse language proposed by the Senate limiting The conferees request the Substance Abuse and Mental Health Services Administration the funds to be spent on health care informa- and Mental Health Services Administration to determine the most effective way to maxi- tion technology to no more than $50,000,000. to provide a report by May 1, 2006 on efforts mize the number of qualified doctors who The House bill did not contain similar lan- to strengthen parenting and enhance child utilize buprenorphine in the office-based guage. The conferees note that AHRQ has resilience in the face of adversity, as de- treatment of their opiate-addicted patients, planned activities relating to patient safety, scribed in the Senate report. The House did as authorized by the Drug Addiction Treat- such as clinical terminology and messaging not include similar language. ment Act of 2000. standards that have a large health informa- The conference agreement provides the Center for Substance Abuse Prevention tion technology component. The conferees do same level of funding as was provided in fis- The conference agreement includes not intend these activities as counting to- cal year 2005 for the elderly treatment and $194,850,000 for programs of regional and na- ward the $50,000,000 for the Health Care Infor- outreach program as proposed by both the tional significance instead of $194,950,000 as mation Technology program. House and Senate. proposed by the House and $202,289,000 as pro- The conference agreement includes The conferees provide $15,000,000 within the posed by the Senate. $432,756,000 for the mental health block total provided for AHRQ for clinical effec- Within the funds provided, the conference grant, which includes $21,803,000 from the tiveness research as proposed by the House. agreement includes $4,000,000, as proposed by evaluation set-aside, the same levels as pro- The Senate included $20,000,000 for this pur- the Senate, for the Center for Substance posed by both the House and the Senate. In- pose. This type of research can help improve Abuse Prevention (CSAP) to continue to cluded in the agreement is bill language the quality, effectiveness and efficiency of fund grants aimed at expanding the capacity transferring the State Infrastructure Plan- health care, thereby reducing costs while of health care and community organizations ning Grants activity from the mental health still improving quality of care. The conferees to address methamphetamine abuse. The programs of regional and national signifi- urge AHRQ to ensure broad access to its House did not include similar language. cance to the mental health block grant set- findings in this research. In addition, the The conference agreement provides $850,000 aside, as proposed by the House. The Senate conferees encourage AHRQ to continue con- for the third year of funding for the Adver- proposed to continue to fund this activity ducting high quality, comprehensive re- tising Council’s parent-oriented media cam- through the programs of regional and na- search studies in this area, building upon the paign to combat underage drinking as pro- tional significance. priority list of conditions it identified in fis- posed by the Senate. The House proposed to cal year 2005 and conducting research in ad- Center for Substance Abuse Treatment fund the third year of this campaign through ditional areas such as organization, delivery The conference agreement includes the Office of the Secretary. and management of health care items and $402,935,000 for programs of regional and na- The conferees expect the Substance Abuse services. tional significance, which includes $4,300,000 and Mental Health Services Administration The conferees are pleased with AHRQ’s ef- from the evaluation set-aside, instead of (SAMHSA) to ensure that grantees within forts to include bedside medication bar-cod- $409,431,000 as proposed by the House and the strategic prevention framework State in- ing as a component of its health information $412,091,000 as proposed by the Senate. Both centive grant program do not fund duplica- technology grants, particularly for those the House and Senate bills included the eval- tive sub-State anti-drug coalition infrastruc- grants in rural areas. The conferees under- uation set-aside at $4,300,000. tures, but utilize those already functioning stand that almost ten percent of the funding Within funds provided, $99,200,000 is for the and funded by programs such as the Drug for health information technology grants is Access to Recovery program as proposed by Free Communities program. allocated to rural projects with a bar-coding the House rather than $100,000,000 as pro- The conferees are concerned that consoli- component. The conferees encourage AHRQ posed by the Senate. The conferees expect dating the successful efforts that were pio- to increase its awards in this area since bar- that addictive disorder clinical treatment neered by CSAP across all three of the Cen- coding has been shown to have a substantial providers participating in the Access to Re- ters at SAMHSA will result in a dilution of effect on preventable errors in adverse drug covery program meet the certification, ac- the funding and emphasis on substance abuse events. creditation, and/or licensing standards rec- prevention. The conferees expect SAMHSA CENTERS FOR MEDICARE AND MEDICAID ognized in their respective States as pro- to maintain substance abuse prevention as SERVICES posed by the House. The Senate included its highest priority for emphasis in both the similar language, but added the phrase, ‘‘and National Registry of Effective Programs and PAYMENTS TO THE HEALTH CARE TRUST FUNDS their respective staff.’’ Practices (NREPP) and the SAMHSA Health The conference agreement provides The conference agreement provides Information Network (SHIN). The conferees $177,742,200,000 for the payment to the Health $10,500,000 for treatment programs for preg- expect SAMHSA to report in its fiscal year Care Trust Funds as proposed by the House

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 28028 CONGRESSIONAL RECORD—HOUSE December 13, 2005 rather than $177,822,200,000 as proposed by care beneficiaries by January 1, 2006, noti- the Department of Veterans Affairs and the the Senate. fying them of an error in the annual notice Office of Personnel Management. A report PROGRAM MANAGEMENT that had previously been mailed to them. shall be submitted to the House and Senate The conference agreement includes The House bill did not contain similar lan- Appropriations Committees by April 2006. $3,170,927,000 for program management in- guage. The conferees are very concerned HEALTH CARE FRAUD AND ABUSE CONTROL stead of $3,180,284,000 as proposed by the about the incorrect information on the new The conference agreement does not include House and $3,181,418,000 as proposed by the Medicare prescription drug plan that was in- funding for this new account as proposed by Senate. An additional appropriation of advertently sent to beneficiaries. The con- the House. The Senate had provided $720,000,000 has been provided for the Medi- ferees request that by no later than March 1, $80,000,000 for this activity. 2006, CMS report to the House and Senate care Integrity Program through the Health ADMINISTRATION FOR CHILDREN AND FAMILIES Appropriations Committees a comprehensive Insurance Portability and Accountability LOW-INCOME HOME ENERGY ASSISTANCE Act of 1996. The conferees include a general summary of the actions taken to correct er- The conference agreement provides provision (section 520) that reduces these rors in the ‘‘Medicare & You 2006’’ handbook $2,183,000,000 for low-income home energy as- funds by $60,000,000. CMS has the discretion that was mailed to beneficiaries in October sistance as proposed by the Senate instead of to choose how to allocate this reduction ex- 2005. The conferees further direct that any $2,006,799,000 as proposed by the House. Of the cept that research, demonstration and eval- notices to beneficiaries regarding the hand- amount provided $2,000,000,000 is provided for uation and State survey and certification book error clearly state that the guidebook’s formula grants to States. The House bill pro- may not be reduced. As a result, some of the tables on the levels of premium assistance posed the full amount for State formula funding levels identified in the Program were in error and that beneficiaries have grants and the Senate bill proposed Management conference report language until May 15, 2006 to enroll in a plan. $1,883,000,000. Within the funds available, may be changed. The conference agreement does not include $27,500,000 is included for the leveraging in- The conferees encourage CMS to consider general provision language proposed by the centive fund as proposed by the Senate. The using $3,000,000 of the funds provided through House that would prohibit funds being used House did not include funding for the the Medicare Integrity Program to study and to place social security numbers on ID cards leveraging incentive fund. As proposed by demonstrate the use of data fusion tech- issued to Medicare beneficiaries. The agree- the House, the conference agreement does nology that enables accurate linkages be- ment also does not include general provision not include funding within State formula tween data records across large, disparate language proposed by the Senate that directs grants for a feasibility study. The Senate databases in near-real time using public the Secretary to issue a report by June 30, proposed $500,000 for this activity. records, commercial data and complete CMS 2006 describing plans to change the numer- The conference agreement includes data sets to help prevent, and determine in- ical identifier used for Medicare bene- $183,000,000 for the contingency fund to be stances of, fraud, waste and abuse. ficiaries. The conferees consider this issue to available through September 30, 2006. The The conference agreement includes be one of the utmost urgency and expect the Senate bill proposed $300,000,000 for the emer- $58,000,000 for research, demonstration, and Secretary to accelerate ongoing plans to gency fund and designated those funds as an evaluation instead of $65,000,000 as proposed convert the beneficiary identifiers. emergency. The House did not propose fund- by the House and $83,494,000 as proposed by The conference agreement provides ing for either the contingency or emergency the Senate. Within the total provided, the $655,000,000 for Federal administration in- fund. Together with the $20,350,000 still avail- conference agreement provides $25,000,000 for stead of $657,357,000 as proposed by the House able in the emergency fund appropriated in Real Choice Systems Change Grants to and $628,000,000 as proposed by the Senate. fiscal year 2005, the total amount available States. The Senate provided $40,000,000 for The conferees urge CMS to carefully re- in fiscal year 2006 to respond to heating and these grants. The House did not provide view its decision to cut Medicare funding for cooling emergencies is $203,350,000. funding for them. second-year, specialized pharmacy residency The conferees expect the appropriation The conferees are pleased with the dem- programs, which provide specialized training provided for the contingency fund to be re- onstration project at participating sites li- to medication use experts in areas like geri- leased, in full, prior to September 30, 2006. censed by the Program for Reversing Heart atrics, oncology, and critical care. CMS Given the forecasts of the costs associated Disease and encourage its continuation. The should take into account new data submitted with home heating this winter, the conferees conferees further urge CMS to continue the by national pharmacist associations and pro- anticipate that States will experience energy demonstration project being conducted at vide a full report to the House and Senate emergency conditions that will require addi- the Mind Body Institute of Boston, Massa- Committees within three months describing tional Federal support that is available chusetts. the agency’s rationale for any decision that through the contingency fund. The conferees are very pleased with the on- results in these programs remaining un- going efforts of CMS to address the seriously funded. REFUGEE AND ENTRANT ASSISTANCE adverse health status of Native Hawaiians The conferees are concerned about the re- The conference agreement includes and American Samoans residing in the geo- cent data published by CMS showing that $575,579,000 for the refugee and entrant as- graphical area of the Waimanalo Health Cen- less than one-third of Medicare beneficiaries sistance programs rather than $560,919,000 as ter. The conferees urge CMS to consider eligible for diabetes self-management train- proposed by the House and $571,140,000 as pro- waivers for rural or isolated area demonstra- ing (DSMT) are receiving the care and in- posed by the Senate. The conference agree- tion projects when calculating such require- struction they need. The conferees urge CMS ment does not include funds for any of these ments as population density in the State of to consider removing barriers for certified activities through emergency funding. The Hawaii and are particularly pleased with the diabetes educators to providing DSMT to Senate bill provided $19,100,000 within the University of Hawaii’s efforts to provide nec- Medicare beneficiaries, including but not total as emergency funding; the House bill essary health care in rural Hilo. limited to the addition of Medicare coverage did not include emergency funding for these The conferees encourage CMS to conduct a for the provision of such services, and to activities. The detailed table at the end of national, three-year demonstration project identify strategies for evaluating the effec- this joint statement reflects the activity dis- to identify effective Medication Therapy tiveness of diabetes education in improving tribution agreed to by the conferees. Management Program (MTMP) models for the self-care of people with diabetes and in The conference agreement includes Medicare Part D enrollees. The demonstra- reducing risk factors for diabetes. $268,229,000 for the transitional and medical tion project should emphasize evidence-based The conferees are concerned with the un- services program. The House included prescribing, prospective medication manage- precedented increase in autism diagnoses $264,129,000 for this program. The Senate pro- ment, technological innovation and out- over the past two decades and its effect on vided $264,129,000 through regular appropria- comes reporting and should be capable of im- the Medicaid program. As more young chil- tions and $4,100,000 as an emergency for this plementation on a large scale. dren reach adolescence and adulthood, the program. The conference agreement does not The conference agreement includes need for home-based as well as out-of-home, include emergency funding for this program. $2,172,987,000 for Medicare operations as pro- residential services will increase. The con- It is the intention of the conferees that the posed by the House instead of $2,184,984,000 as ferees encourage CMS to facilitate the ex- level provided would allow for assistance to proposed by the Senate. pansion and availability of respite care to eligible individuals during their first eight The conference agreement includes bill families with autism. The conferees also en- months in the United States. language proposed by the Senate making up courage CMS to work with States to design The conference agreement provides to an additional $32,500,000 available to CMS geographically-based demonstrations allow- $155,560,000 for social services, rather than for Medicare claims processing if the volume ing for greater concentration of resources for $160,000,000 as proposed in the House and of claims exceeds particular thresholds. The home-based assistance and respite care. $151,121,000 as proposed by the Senate. Within House bill did not contain similar language. The conferees request from CMS a deter- the funds provided, the conference agree- The conference agreement does not include mination as to the current legal authority to ment includes $19,000,000 as outlined in the bill language proposed by the Senate direct- permit direct access to licensed audiologists House report. The Senate did not include ing the Secretary to send a notice to Medi- under similar terms and conditions used by similar language. The conferees intend that

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28029 funds provided above the request for social Consolidated runaway and homeless youth pro- for the developmental disabilities projects of services shall be used for refugee school im- gram national significance. Within this amount, pact grants and for additional assistance in The conference agreement includes $4,000,000 is to expand activities of the Fam- resettling and meeting the needs of the $88,724,000 for the consolidated runaway and ily Support Program, as proposed by the Hmong refugees expected to arrive during homeless youth program, the same level as Senate. The House did not include similar 2006 and 2007 or for other urgent needs. proposed by the Senate, rather than language. The conference agreement provides $88,728,000 as proposed by the House. Community services $78,083,000 for the unaccompanied minors Child abuse discretionary activities The conference agreement includes program. The House bill proposed $63,083,000 The conference agreement includes $636,793,000 for the community services block for this program. The Senate provided $26,040,000 for child abuse discretionary pro- grant (CSBG) as proposed by the Senate $63,083,000 through regular appropriations grams instead of $31,645,000 as proposed by rather than $320,000,000 as proposed by the and $15,000,000 as an emergency for this pro- the House and $31,640,000 as proposed by the House. The conferees concur with language gram. The conference agreement does not in- Senate. included in the Senate report that the Office clude emergency funding for this program. of Community Services (OCS) release fund- The conferees direct the Secretary of Health Adoption incentive ing to States in the timeliest manner and and Human Services to issue a report by no The conference agreement includes that States make funds available promptly later than one year after the date of enact- $18,000,000 for the adoption incentive pro- to local eligible entities. In addition, the ment of this Act on progress made by the Of- gram rather than $31,846,000 as proposed by conferees expect OCS to inform State CSBG fice of Refugee Resettlement and programs the House and $22,846,000 as proposed by the grantees of any policy changes affecting car- funded under this Act to shift children to Senate. Actual bonus payments to States for ryover funds within a reasonable time after more child-centered, age-appropriate, small fiscal year 2005 were less than amounts pre- the beginning of the Federal fiscal year. The group, home-like environments for unaccom- viously estimated, therefore, of the funds House did not include similar language. panied children in its custody. provided in fiscal year 2005 and made avail- As proposed by both the House and Senate, able through fiscal year 2006, the conference the conference agreement includes $32,731,000 PAYMENTS TO STATES FOR THE CHILD CARE AND agreement rescinds $22,500,000. Neither the for community economic development. The DEVELOPMENT BLOCK GRANT House nor the Senate proposed rescinding conferees concur with language included in The conference agreement includes funds from this program. the Senate report that appropriated funds be $2,082,910,000 for the child care and develop- Compassion capital fund allocated, to the maximum extent possible, ment block grant, the same level as both the in the form of grants to qualified community The conference agreement includes House and Senate bills. The conference development corporations in order to maxi- $65,000,000 for the compassion capital fund agreement includes several specified funding mize the leveraging power of the Federal in- rather than $75,000,000 as proposed by the recommendations within the total at levels vestment and the number and the amount of House and $95,000,000 as proposed by the Sen- proposed by the House rather than at the set-asides should be reduced to the most ate. Prior to advertising the availability of funding levels proposed by the Senate. minimal levels. The House did not include funds for any grant for the youth gang pre- similar language. CHILDREN AND FAMILIES SERVICES PROGRAMS vention initiative, the conferees request that The conference agreement includes (INCLUDING RESCISSION OF FUNDS) the Department of Health and Human Serv- $7,367,000 for rural community facilities in- ices brief the House and Senate Committees The conference agreement includes stead of $7,242,000 as proposed by the House on Appropriations regarding the planned use and $7,492,000 as proposed by the Senate. The $8,932,713,000 for children and families serv- of these funds. ices programs, of which $10,500,000 is pro- conferees intend that the increase provided vided through the evaluation set-aside. The Social services and income maintenance re- for the Rural Community Facilities program House bill proposed $8,701,207,000 for these search be used to provide additional funding to the programs with $12,500,000 from the evalua- The conference agreement includes six regional RCAPs. tion set-aside and the Senate proposed $11,927,000 for social services and income The conference agreement does not include $9,036,453,000 with $10,500,000 from the evalua- maintenance research, of which $6,000,000 is funding for the National Youth Sports pro- tion set-aside. The detailed table at the end provided through the evaluation set-aside. gram as proposed by the House. The Senate proposed $10,000,000 for this program. of this joint statement reflects the activity The House proposed $10,621,000 for this pro- The conference agreement does not include distribution agreed to by the conferees. gram, of which $8,000,000 was funded through the evaluation set-aside and the Senate pro- funding for community food and nutrition as Head Start posed $32,012,000, of which $6,000,000 was from proposed by the House. The Senate proposed The conference agreement includes the evaluation set-aside. $7,180,000 for this program. $6,843,114,000 for Head Start rather than The conferees note that efforts undertaken Independent living training vouchers $6,899,000,000 as proposed by the House and through the State information technology The conference agreement includes $6,863,114,000 as proposed by the Senate. The consortium have led to greatly improved sys- $46,623,000 for independent living training agreement includes $1,388,800,000 in advance tems communications and compliance in vouchers as proposed by the Senate instead funding, the same level as proposed by the both the TANF and child support enforce- of $50,000,000 as proposed by the House. Senate. The House bill proposed $1,400,000,000 ment (CSE) programs. For TANF, the con- Community-based abstinence education for advance funding. ferees have provided $2,000,000 to permit The conference agreement includes To enable the establishment of a panel of States to utilize uniquely designed web- $114,500,000 for community-based abstinence independent experts under the National based technology to improve benefit delivery education as proposed by the House rather Academy of Sciences to review and provide and fulfill new Federal reporting require- than $105,500,000 as proposed by the Senate. guidance on appropriate outcomes and as- ments. For CSE, the conferees have provided The conference agreement includes $4,500,000 sessments for young children, the conferees $3,000,000 to continue the consortium’s ef- in program evaluation funds for the absti- provide $1,000,000, within the total for Head forts to improve data exchange between CSE nence education program and $110,000,000 in Start, for the National Academy of Sciences. and the courts in ways that will signifi- budget authority. The conferees concur with The conference agreement includes, as a cantly reduce the time lag between court or- language included in the House report re- general provision, a limitation against the ders and enforcement/collections activities. garding technical assistance and capacity- use of funds for Head Start to pay the com- Developmental disabilities building support to grantees. The Senate re- pensation of an individual, either as direct Within developmental disabilities pro- port did not include similar language. costs or any proration as an indirect cost, at grams, the conference agreement includes Within the total for community-based ab- a rate in excess of Executive Level II, as pro- $39,109,000 for protection and advocacy serv- stinence education, up to $10,000,000 may be posed by the House. The Senate did not in- ices as proposed by the Senate instead of used to carry out a national abstinence edu- clude a similar provision. $38,109,000 as proposed by the House. cation campaign as proposed by both the The conference agreement includes two The conference agreement also includes House and the Senate. The conferees concur general provisions relating to waiving re- $15,879,000 for voting access for individuals with language included in the Senate report quirements of regulations promulgated with disabilities rather than $14,879,000 as that the Administration for Children and under the Head Start Act for transporting proposed by the House and $30,000,000 as pro- Families use available funds to continue sup- children enrolled in either Head Start or posed by the Senate. Within the funds pro- port for an independent group to conduct a Early Head Start. The Senate bill included vided, $11,000,000 is for payments to States to thorough and rigorous evaluation of this one general provision regarding this issue, promote access for voters with disabilities campaign. The House did not include similar but used different language than is included and $4,879,000 is for State protection and ad- language. in the conference agreement. The House in- vocacy systems. Program direction cluded report language pertaining to trans- As proposed by both the House and Senate, The conference agreement includes portation waivers for this program. the conference agreement provides $11,529,000 $185,217,000 for program direction as proposed

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by the House instead of $186,000,000 as pro- OFFICE OF THE SECRETARY nation’s historically black medical schools. posed by the Senate. GENERAL DEPARTMENTAL MANAGEMENT Despite repeated urging by the Committees, PROMOTING SAFE AND STABLE FAMILIES The conference agreement includes OMH has not maintained and cultivated co- operative agreements and other mechanisms The conference agreement includes $352,703,000 for general departmental man- of support with Meharry Medical College, $90,000,000 for the discretionary grant pro- agement instead of $338,695,000 as proposed Morehouse School of Medicine, and Charles gram of promoting safe and stable families by the House and $363,614,000 as proposed by R. Drew University of Medicine and Science. as proposed by the Senate rather than the Senate, along with $5,851,000 from Medi- The conferees encourage OMH to: (1) re-es- $99,000,000 as proposed by the House. care trust funds, which was provided by both tablish its unique cooperative agreement the House and Senate. In addition, $39,552,000 ADMINISTRATION ON AGING with Meharry Medical College, (2) develop a in program evaluation funding is provided, AGING SERVICES PROGRAMS formal partnership with the Morehouse which was proposed by both the House and School of Medicine and its National Center The conference agreement includes Senate. for Primary Care, and (3) coordinate a Public $1,376,624,000 for aging services programs in- The conference agreement includes bill Health Service-wide response to the chal- stead of $1,376,217,000 as proposed by the language proposed by the Senate directing lenges facing the Charles R. Drew University House and $1,391,699,000 as proposed by the that specific information requests from the of Medicine and Science, including expanded Senate. The detailed table at the end of this chairmen and ranking members of the Sub- opportunities for biomedical research and joint statement reflects the activity dis- committees on Labor, Health and Human support for residency training faculty. tribution agreed to by the conferees. Services, and Education, and Related Agen- The conference agreement includes The conferees recognize that gynecological cies, on scientific research or any other mat- cancers are treatable if diagnosed at an early $20,360,000 for activities for the protection of ter, be transmitted to the Committees on vulnerable older Americans as proposed by stage, and are concerned about the low level Appropriations in a prompt professional of awareness among women concerning the the Senate instead of $19,360,000 as proposed manner and within the time frame specified early warning signs of gynecologic cancers. by the House. Within the funds provided in the request. The bill language further di- The conferees recognize that there are many $15,162,000 is for the ombudsman services pro- rects that scientific information requested activities undertaken by the Secretary to gram as proposed by the Senate. by the Committees on Appropriations and raise awareness about gynecologic cancers, Included in the conference agreement is prepared by government researchers and sci- but are concerned that a lack of coordina- $157,744,000 for the family caregivers program entists be transmitted to the Committees on tion of these activities among the agencies rather than $155,744,000 as proposed by the Appropriations, uncensored and without may limit the effectiveness and outreach of House and $160,744,000 as proposed by the delay. The House did not include such a pro- these programs. The conferees encourage the Senate. vision. Secretary to examine these programs, and The conference agreement includes The conference report does not include a coordinate their activities through the Of- $722,292,000 for nutrition programs rather general provision proposed by the Senate re- fice of Women’s Health. The Secretary is than $725,885,000 as proposed by the House lated to compliance with section 2 of the Im- also encouraged to consider developing a na- and $718,697,000 as proposed by the Senate. proper Payments Information Act of 2002 tional education campaign. Within the total, $389,211,000 is provided for (IPIA) for the Temporary Assistance for OFFICE OF MEDICARE HEARINGS AND APPEALS congregate meals rather than $391,147,000 as Needy Families Program, the Foster Care The conference agreement includes proposed by the House and $387,274,000 as pro- and Adoption Assistance program, the Med- $60,000,000 for this activity as proposed by posed by the Senate; $183,742,000 is provided icaid program, the State Children’s Health the House instead of $75,000,000 as proposed for home delivered meals rather than Insurance Program, and the Child Care and by the Senate. $184,656,000 as proposed by the House and Development Block Grant program. The $182,827,000 as proposed by the Senate; and, House bill did not contain similar language. OFFICE OF THE NATIONAL COORDINATOR FOR $149,339,000 is provided for the nutrition serv- The conferees request that not later than HEALTH INFORMATION TECHNOLOGY ices incentives program rather than sixty days after the date of enactment of the The conference agreement includes $150,082,000 as proposed by the House and Act the Secretary of Health and Human $61,700,000 for this activity, of which $148,596,000 as proposed by the Senate. Services provides a report on this topic to $42,800,000 is provided in budget authority The conference agreement includes the Appropriations Committees. In addition and $18,900,000 is made available through the $24,843,000 for program innovations instead of to the actions that have been taken to date, Public Health Service program evaluation $23,843,000 as proposed by the House and this report should include HHS’s plans and set-aside. The House had provided a com- $40,513,000 as proposed by the Senate. The the specific steps that are necessary to bined total of $75,000,000 for this activity; the conferees continue to support funding at no achieve compliance with section 2 in these Senate provided a combined total of less than last year’s level for national pro- programs. $45,150,000. grams scheduled to be refunded in fiscal year The conference agreement includes The conference agreement does not include 2006 as proposed by the Senate that address $2,500,000 to support the last year of the Citi- general provision language proposed by the a variety of issues, including elder abuse, Na- zens’ Health Care Working Group established Senate or similar language proposed by the tive American issues and legal services. The in the Medicare Modernization Act. The Sen- House prohibiting the use of funds provided House report did not include similar lan- ate proposed $3,000,000 for this activity; the in the Act to implement any strategic plan guage. House report did not contain a similar provi- that does not require a patient whose infor- Within the funding provided, the con- sion. mation is maintained by the Department to ference agreement includes $3,000,000, as pro- The conference agreement includes $500,000 be given notice if it is lost, stolen or used for posed by the House, for social research into with which the Secretary is directed to con- another purpose. The conferees underscore Alzheimer’s disease care options, best prac- duct a study to determine the best way to the importance of consumer confidence in tices and other Alzheimer’s research prior- promote the use of advance directives among the privacy and security of their personal ities that include research into cause, cure competent adults as a means of specifying health information as a fundamental prin- and care, as well as respite care, assisted liv- their wishes about end of life care. The Sen- ciple in all actions taken to carry out the ing, the impact of intervention by social ate report had a similar provision. The HHS Health Information Technology (HIT) service agencies on victims, and related House report did not request such a study. strategic plan. The conferees understand needs. The agreement recommends this re- The conferees intend that, of the funding that HHS has funded a ‘‘Privacy and Secu- search utilize and give discretion to area provided to the Office of Minority Health, no rity Solutions for Interoperable Health In- agencies on aging and their non-profit divi- less than the fiscal year 2005 funding level be formation Exchange’’ contract to study and sions in municipalities with aged popu- allocated to a culturally competent and lin- address variations in State law and business lations (over the age of 60) of over 1,000,000, guistically appropriate public health re- practices related to privacy and security with preference given to the largest popu- sponse to the HIV/AIDS epidemic. The House that may pose challenges to interoperable lation. The conferees also recommend that report had a similar provision; the Senate re- health information exchange. Funds are in- unique partnerships to affect this research port did not have such a provision. cluded for the Office of the National Coordi- be considered for the selected area agency on The conference report does not include nator for Health Information Technology to aging. The Senate did not include funding for funding within the Office of the Secretary continue its work to evaluate and initiate this activity. for the third year of the Ad Council’s under- solutions, including those that will maintain Given the enormous demands on Alz- age drinking media campaign as proposed by the security and privacy protections for per- heimer’s family caregivers, the conferees the House. The conferees have instead pro- sonal health information, as part of the De- have included $1,000,000, as proposed by the vided funding for this effort within the Sub- partment’s activities in carrying out its HIT Senate, to support an Alzheimer’s family stance Abuse and Mental Health Services strategic plan. The conferees request a re- contact center for round-the-clock help to Administration as proposed by the Senate. port within 90 days describing how HHS Alzheimer’s families in crisis. The House did The conferees are concerned about the di- plans to address privacy issues in the infor- not include funding for this activity. minished partnership between OMH and the mation technology program.

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OFFICE OF INSPECTOR GENERAL SMALLPOX VACCINE INJURY COMPENSATION idly move to another location as the situa- The conference agreement includes RESCISSION tion dictates, at the same time being able to $39,813,000 for the Office of Inspector General The conference agreement includes a gen- securely communicate with and direct the (OIG) as proposed by both the House and the eral provision rescinding $10,000,000 from the Department. Senate. The conferees expect that the OIG smallpox vaccine injury compensation fund The conference agreement also extends will utilize funds provided in section 121 of as proposed by the Senate. The House bill this authority to the Director of the Centers for Disease Control and Prevention. The con- H.J. Res. 68 to provide continued oversight of contained no similar provision. ferees understand that, due to existing re- Medicare Modernization Act implementation NAMING OF CDC BUILDINGS strictions, the Director on a number of occa- and the Medicare program. The conference agreement includes a gen- sions has not been able to accompany em- PUBLIC HEALTH AND SOCIAL SERVICES eral provision proposed by the Senate nam- ployees of the Agency responding to public EMERGENCY FUND ing two Centers for Disease Control and Pre- health emergencies. The conference agreement includes vention buildings. The House did not include The conferees expect the Secretary and the $63,589,000 for the Public Health and Social a similar provision. Director of CDC to exercise this authority in an economical and judicious manner. The Services Emergency Fund (PHSSEF) to en- POWER WHEELCHAIR REGULATIONS hance Federal, State, and local preparedness conferees request that the Secretary report The conference agreement modifies a gen- to counter potential biological, disease, to the Committees on Appropriations of the eral provision proposed by the Senate pro- chemical, and radiological threats to civilian House and Senate regarding the use of this hibiting funds to be used to implement or en- populations, instead of $183,589,000 as pro- authority in the annual justification of esti- force Medicare regulations on power mobil- posed by the House. The Senate had provided mates for the Appropriations Committees ity devices prior to April 1, 2006. The con- $8,158,589,000, with $8,095,000,000 designated as and at the end of the third quarter of each ference agreement includes limitation lan- an emergency requirement pursuant to the fiscal year. guage prohibiting the implementation of a concurrent resolution on the budget for fis- STATE PHARMACEUTICAL ASSISTANCE regulation until April 1, 2006 and deletes the cal year 2006. PROGRAMS portions of the Senate provision that re- The conference agreement does not include duced payments for power mobility devices The conference agreement does not include the $120,000,000 proposed by the House for ac- and established deadlines for future rule- a general provision proposed by the Senate tivities to ensure year-round production ca- making. The House bill contained no similar to extend the availability of fiscal year 2005 pacity of influenza vaccine. The Senate had provision. The conferees concur in the intent funding appropriated for State Pharma- incorporated this funding within the ceutical Assistance Programs in the Medi- of the Senate language that a proposed rule $8,095,000,000 designated as emergency spend- care Modernization Act through fiscal year be published by January 1, 2006, followed by ing. 2006. The House bill did not include a similar a 45-day period to comment on the proposed provision. GENERAL PROVISIONS rule, and that by not later than February 14, HEAD START COMPENSATION 2006, a final rule be published, followed by a USE OF SOCIAL SECURITY NUMBERS ON The conference agreement includes a gen- 45-day transition period for implementation. MEDICARE ID CARDS The conference agreement deletes without eral provision that prohibits the use of funds HEAD START TRANSPORTATION WAIVER for Head Start to pay the compensation of an prejudice general provisions proposed by The conference agreement modifies general both the House and Senate relating to the individual, either as direct costs or any pro- provision language proposed by the Senate ration as an indirect cost, at a rate in excess use of Social Security numbers on Medicare pertaining to waivers for the transportation ID cards. Language is included within the of Executive Level II, as proposed by the of children enrolled in either Head Start or House. The Senate bill did not contain a Centers for Medicare and Medicaid Services Early Head Start. The House included report section of the statement of the managers. similar provision. language dealing with this issue. RAPID ORAL HIV TESTS EVALUATION TAP AUTHORITY HEAD START TRANSPORTATION REGULATION The conference agreement does not include The conference agreement includes a pro- The conference agreement includes a gen- a general provision proposed by the Senate vision to allow for a 2.4 percent evaluation eral provision that the regulation pertaining directing the Secretary of HHS to use funds tap pursuant to section 241 of the Public to Head Start transportation shall not be ef- appropriated in Title II of this Act to pur- Health Service Act. This tap is to be applied fective until June 30, 2006, or 60 days after chase not less than one million rapid oral to programs authorized under the Public the date of enactment of a statute that au- HIV tests. The House did not include a simi- Health Service Act. The House bill contained thorizes appropriations for fiscal year 2006 to lar provision. a provision to allow for a 1.3 percent evalua- carry out the Head Start Act, whichever TELEHEALTH APPROPRIATION tion tap and the Senate bill allowed for a 2.5 date is earlier. This clarifying provision was percent evaluation tap. The conference agreement deletes without not included in either the House or Senate prejudice a general provision proposed by the ONE PERCENT TRANSFER AUTHORITY bills. Senate relating to increased funding for tele- The conference agreement includes lan- HEALTH PROFESSIONS STUDENT LOAN health programs. Funding for telehealth pro- guage proposed by the Senate providing the RESCISSIONS grams is included within HRSA. The House Secretary of HHS with the authority to The conference agreement includes two did not include a similar provision. transfer up to 1 percent of discretionary general provisions rescinding unobligated DENTAL WORKFORCE PROGRAM funds between a program, project, or activ- balances of the Health Professions Student The conference agreement does not include ity, but no such program, project or activity Loan Program and the Nursing Student Loan a general provision proposed by the Senate shall be increased by more than 3 percent by Program. The House and Senate included earmarking, within funds appropriated to any such transfer. Additionally, a program, similar provisions for the Health Professions HRSA, grants for programs to address dental project or activity may be increased up to an Student Loan Program. workforce needs. Funding for this program is additional 2 percent subject to written ap- included within HRSA program manage- proval of the House and Senate Appropria- DEPARTMENT OF HEALTH AND HUMAN ment. The House did not include a similar tions Committees. The House bill included a SERVICES TRAVEL provision. similar provision, but allowed the authority The conference agreement includes a new to transfer between appropriations. provision granting authority to the Sec- MEDICALLY ACCURATE INFORMATION IN ABSTINENCE PROGRAMS HIV RESEARCH FUNDS TRANSFER retary to use, at his discretion, charter air- craft under contract with the Centers for The conference agreement does not include The conference agreement includes a gen- Disease Control and Prevention (CDC). The a general provision proposed by the Senate eral provision as proposed by the House al- Secretary has significant operational respon- that none of the funds made available in the lowing the Director of the National Insti- sibilities in times of emergencies and in the Act may be used to provide abstinence edu- tutes of Health, jointly with the Director of days following such emergencies. The De- cation that includes information that is the Office of AIDS Research, to transfer up partment is the primary agency for directing medically inaccurate, which is defined by in- to 3 percent of funding identified by these public health and medical services in re- formation that is unsupported or contra- two directors as funding pertaining to HIV sponse to significant events. Due to the un- dicted by peer-reviewed research by leading research among institutes and centers. The predictable nature of such events, the con- medical, psychological, psychiatric, and pub- Senate included similar language. ferees believe the Secretary must be in a lic health publications, organizations, and COUNCIL ON GRADUATE MEDICAL EDUCATION posture to respond and communicate as an agencies. The House did not include a similar The conference agreement includes a gen- event is unfolding. Yet, existing travel limi- provision. eral provision proposed by the Senate allow- tations on the Secretary make this ex- LOW-VISION REHABILITATION SERVICES ing for the continued operation of the Coun- tremely difficult. The availability of CDC’s DEMONSTRATION cil on Graduate Medical Education. The charter aircraft will allow the Secretary to The conference agreement deletes without House bill contained no similar provision. immediately return to Washington or rap- prejudice a general provision proposed by the

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The Secretary of HHS is strongly urged The conference agreement does not include proach to raising academic achievement, to implement the Low-Vision Rehabilitation a general provision proposed by the Senate particularly for schools that do not make Services Demonstration Project, which was reducing the appropriations for travel, con- adequate yearly progress under the No Child originally requested in the fiscal year 2004 ference programs and related expenses for Left Behind Act. The conferees believe that appropriations conference report. The dem- the Department of Health and Human Serv- States should utilize their four percent onstration is to examine the impact of ices. The House did not include a similar pro- school improvement set-aside funds to sup- standardized national coverage for vision re- vision. port implementation of comprehensive habilitation services provided in the home school reform models with demonstrated HELP AMERICA VOTE ACT by vision rehabilitation professionals under success. The conferees strongly urge States the Medicare program. The conferees expect The conference agreement does not include to examine methods for distributing school the Secretary of HHS and CMS to take the a general provision proposed by the Senate improvement funds that will result in necessary steps to finalize the design and providing additional funding for the Help awards of sufficient size and scope to support structure of the demonstration project no America Vote Act. Funding for programs au- the initial costs of comprehensive school re- later than January 1, 2006. The conferees in- thorized by the Help America Vote Act and forms and to limit funding to programs that tend the Secretary to expend from available administered by HHS are included within the include each of the reform components de- funds appropriated to him, including trans- Children and Families Services section of scribed in section 1606(a) of the No Child Left fers authorized under existing authorities the Administration for Children and Fami- Behind Act of 2001 and have the capacity to from the Federal Supplementary Insurance lies. The House did not include a similar pro- improve the academic achievement of all Trust Fund, an amount not to exceed vision. students in core academic subjects within $2,000,000 in fiscal year 2006. The conferees TITLE III—DEPARTMENT OF EDUCATION participating schools. Further, the conferees expect the Secretary to take steps to update EDUCATION FOR THE DISADVANTAGED intend that the Secretary shall notify States the design and expand the size of the Low-Vi- The conference agreement includes that schools currently receiving CSR sub- sion Rehabilitation Services Demonstration $14,627,435,000 for the Education for the Dis- grants shall receive priority for targeted Project in fiscal year 2007. advantaged account instead of $14,728,735,000 grants and/or technical assistance under sec- DSH MEDICAID PAYMENTS TO THE STATE OF as proposed by the House and $14,532,785,000 tion 1003(a) of ESEA. VIRGINIA as proposed by the Senate. The agreement The conference agreement also includes $18,737,000 for the Migrant Education High The conference agreement deletes without provides $7,244,134,000 in fiscal year 2006 and School Equivalency program as proposed by prejudice a general provision proposed by the $7,383,301,000 in fiscal year 2007 funding for the House instead of $21,587,000 as proposed Senate containing a sense of the Senate reso- this account. by the Senate. lution expressing awareness of the issue of The conference agreement includes defining ‘‘hospital costs’’ incurred by the $100,000,000 for the Even Start program in- IMPACT AID State of Virginia for purposes of Medicaid re- stead of $200,000,000 as proposed by the The conference agreement includes bill imbursement and urging CMS to work with House. The Senate bill did not include fund- language not included in either the House or the State to resolve the pending issue. The ing for this program. Senate bill that restricts the release of im- House did not include a similar provision. The conferees intend for funds available pact aid construction funds to a formula dis- under the Reading First program to be used DEFIBRILLATION DEVICES tribution. for reading programs with the strongest pos- SCHOOL IMPROVEMENT PROGRAMS The conference agreement deletes without sible scientific evidence of effectiveness. The prejudice a general provision proposed by the conferees strongly urge the Department to The conference agreement includes Senate appropriating funds for the Auto- provide clear guidance to its technical as- $5,308,564,000 for the School Improvement matic Defibrillation in Adam’s Memory Act. sistance centers and the States to: fully con- Programs account instead of $5,393,765,000 as Funding for this program is included within sider scientific evidence of effectiveness in proposed by the House and $5,457,953,000 as HRSA. The House did not include a similar rating programs for use under Reading First; proposed by the Senate. The agreement pro- provision. contemplate expanded lists of allowable pro- vides $3,873,564,000 in fiscal year 2006 and OFFICE OF MINORITY HEALTH grams that include innovative programs $1,435,000,000 in fiscal year 2007 funding for this account. The conference agreement does not include with scientific evidence of effectiveness; The conference agreement includes a general provision proposed by the Senate when awarding new grants, consider giving $184,000,000 for the Mathematics and Science shifting funding to the Office of Minority preference to those schools that select pro- Partnerships (MSP) program instead of Health from the Program Management ac- grams with strong, scientific evidence of ef- $190,000,000 as proposed by the House and count within CMS. Funding for the Office of fectiveness; and ensure that comprehensive $178,560,000 as proposed by the Senate. The Minority Health and CMS Program Manage- reading programs that have scientific evi- conferees urge the Secretary to encourage ment are included within those specific ac- dence of effectiveness will be implemented in MSP grantees to incorporate advanced place- counts. The House did not include a similar full, as they have been researched, without ment (AP) or pre-advanced placement (PRE- provision. modification to conform to other models of instruction. The conferees also are concerned AP) staff development training into their MOSQUITO ABATEMENT that certain practices under the Reading math and science partnership projects to The conference agreement does not include First program may unduly interfere with help teachers meet the highly qualified cri- a general provision proposed by the Senate local control of curriculum. The conferees teria under the No Child Left Behind Act. earmarking funds within CDC for mosquito note that Reading First materials decisions The AP and PRE-AP professional develop- abatement for safety and health. The House are to be made at the school level, subject to ment initiatives support teachers’ content did not include a similar provision. the approval of the State. and pedagogical knowledge development so COMMUNITY HEALTH CENTERS The conference agreement includes that all students, regardless of whether or not they take AP, will receive rigorous, chal- The conference agreement does not include $30,000,000 for the Striving Readers program lenging math and science instruction. The a general provision proposed by the Senate as proposed by the House instead of AP math and science initiative has the pri- increasing funding for the Community $35,000,000 as proposed by the Senate. mary objective of increasing the number of Health Centers program. Funding for the The conference agreement also includes AP opportunities, AP participation rates, Community Health Centers program is in- $390,428,000 for the State Agency Migrant and postsecondary acceptance and success cluded within HRSA. The House did not in- Education program as proposed by the House rates for disadvantaged students. clude a similar provision. instead of $395,228,000 as proposed by the Sen- ate. The conference agreement includes HEALTH INFORMATION SECURITY The conference agreement includes $100,000,000 for State Grants for Innovative The conference agreement deletes without $50,300,000 for the Neglected and Delinquent Education as proposed by the Senate instead prejudice a general provision proposed by the program instead of $49,600,000 as proposed by of $198,400,000 as proposed by the House. The Senate prohibiting the use of funds provided the House and $51,000,000 as proposed by the agreement also includes $275,000,000 for Edu- in the Act to implement any strategic plan Senate. cational Technology State Grants instead of that does not require a patient whose infor- The conference agreement includes $300,000,000 as proposed by the House and mation is maintained by the Department to $8,000,000 for Comprehensive School Reform $425,000,000 as proposed by the Senate. The be given notice if it is lost, stolen or used for quality initiatives. The House bill provided conference agreement includes bill language, another purpose. The House bill contained a $10,000,000 for the Comprehensive School Re- not included in either House or Senate bill, similar provision. Language is included form Demonstration program and the Senate which allows up to 100 percent of funds avail- within the Office of the National Coordinator bill did not include any funding related to able under the Educational Technology

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The conferees intend $1,265,000 will be used The conferees are concerned that many INNOVATION AND IMPROVEMENT for Presidential Academies for Teaching of schools are unable to properly assess the per- American History and Civics and the remain- The conference agreement includes formance of students with disabilities and ing funds will support the establishment of $945,947,000 for programs in the Innovation students with limited English proficiency. Congressional Academies for Students of and Improvement account, instead of Therefore, the conferees urge the Depart- American History and Civics. $708,522,000 as proposed by the House and ment to continue to place a high priority on The conferees direct the Department to $1,038,785,000 as proposed by the Senate. grant applications for funds available from implement the Act consistent with their in- The conference agreement includes the enhanced assessments instruments pro- tent, as reflected above, and request an im- $21,750,000 for the National Writing Project gram that aim to improve the quality of plementation plan to be submitted to the program instead of $20,336,000 as proposed by state assessments for these two groups of House and Senate Committees on Appropria- the House and $23,000,000 as proposed by the students and to ensure the most accurate tions within 30 days of enactment of the De- Senate. means of measuring their performance on partment of Education Appropriations Act, The conference agreement includes these assessments. 2006. $121,000,000 for the Teaching of Traditional The conference agreement includes Within the total amount provided for FIE, American History program as proposed by $9,693,000 for the Javits Gifted and Talented the conference agreement also includes fund- the Senate. The House bill proposed program instead of $11,022,000 as proposed by ing for separately authorized programs in $50,000,000 for this program. The conferees di- the Senate. The House did not propose fund- the following amounts: rect the Department to continue its current ing for this program. policy of awarding 3-year grants. The con- Reading is Fundamental ... $25,296,000 The agreement also includes $22,000,000 for ference agreement also includes bill lan- Star Schools ...... 15,000,000 the Foreign Language Assistance program guage proposed by the Senate that allows Ready to Teach ...... 11,000,000 instead of $25,000,000 as proposed by the Sen- not more than 3 percent of the funds avail- Education through Cul- ate. The House did not propose funding for able for this program to be used for technical tural and Historical Or- this program. The conferees concur with all assistance. The House bill did not include a ganizations ...... 9,000,000 of the language contained in the Senate re- similar provision. Arts in Education ...... 35,633,000 port related to the use of these funds and ad- Parental Information and The conference agreement includes ministration of this program. The conference Resource Centers ...... 40,000,000 $14,880,000 for the School Leadership program agreement includes language in the Senate Excellence in Economic as proposed by the House instead of bill that prohibits funds from being used for Education ...... 1,488,000 $15,000,000 as proposed by the Senate. the Foreign Language Incentive Fund pro- Women’s Educational Eq- The conference agreement includes gram. The House bill did not include a simi- uity ...... 2,956,000 $16,864,000 for the Advanced Credentialing lar provision. Foundations for Learning program as proposed by the House instead of The conference agreement includes Grants ...... 992,000 $10,000,000 as proposed by the Senate. The $34,250,000 for the Education of Native Ha- Mental Health Integration conference agreement includes bill language waiians program instead of $24,770,000 as pro- Grants ...... 4,960,000 that provides $9,920,000 of these funds to the posed by the House and $34,500,000 as pro- National Board for Professional Teaching For Arts in Education, the conferees in- posed by the Senate. The agreement includes Standards and $6,944,000 to the American tend that within this total, $7,440,000 is for bill language that allows funds under this Board for the Certification of Teacher Excel- Very Special Arts and $6,369,000 is for the program to be used for construction, renova- lence. The Senate bill included language John F. Kennedy Center for the Performing tion and modernization of any elementary that provided $10,000,000 to the National Arts. In addition, $7,936,000 is for model pro- school, secondary school, or structure re- Board for Professional Teaching Standards fessional development programs for music, lated to an elementary school or secondary and the House bill did not include a similar drama, dance and visual arts educators and school run by the Department of Education provision. $496,000 is for evaluation activities, as out- of the State of Hawaii that serves a predomi- The conference agreement includes lined by the Senate. The remaining nantly Native Hawaiian student body as pro- $36,981,000 for the Credit Enhancement for $13,392,000 is available to continue model arts posed by the Senate. The House bill did not Charter Schools program as proposed by the programs. include a similar provision. House. The Senate did not propose funding While the conferees applaud the Depart- The conference agreement also includes for this program. ment’s efforts to help students learn foreign bill language, as proposed by the Senate, languages, they remain concerned that the which provides not less than $1,250,000 to the Fund for the Improvement of Education (FIE) Department, using data provided by the e- Hawaii Department of Education for school The conference agreement includes Language Learning System (eLLS), is devel- construction/renovation activities, and $160,111,000 for the Fund for the Improvement oping web-based learning products that could $1,250,000 for the University of Hawaii’s Cen- of Education instead of $27,000,000 as pro- be used in direct competition with the pri- ter of Excellence in Native Hawaiian Law. posed by the House and $387,424,000 as pro- vate sector. The conferees understand that, The House bill did not include a similar pro- posed by the Senate. The amount included in based on the President’s budget request, the vision. bill language for the Fund for the Improve- Department had no plans to continue this The conference agreement includes ment of Education provides an additional project in fiscal year 2006 using Star School $34,250,000 for the Alaska Native Educational $100,000,000 for the Teacher Incentive Fund, funds. However, the conference agreement Equity program instead of $31,224,000 as pro- which is described later in this section. includes funds for the Star Schools program, posed by the House and $34,500,000 as pro- The conference agreement includes funding which has been the primary source of funds posed by the Senate. The conference agree- for the following activities authorized under for this activity. Therefore, the conferees di- ment includes bill language which allows section 5411 of the Elementary and Sec- rect the Department not to fund any grant funds available through this program to be ondary Education Act: that will compete directly with the private used for construction, as proposed by the National Institute of Building sector and further direct the Secretary to Senate. The House bill did not include a Sciences for the National Clear- notify the House and Senate Appropriations similar provision. The conferees direct the inghouse for Educational Fa- Committees 15 days prior to any Department Department to use at least a portion of these cilities ...... $694,000 expenditures related to the eLLS project. funds to address the construction needs of Presidential and Congressional The conference agreement includes rural schools. American History and Civics $100,000,000 for a pilot program to develop The conferees are aware that the Depart- Academies ...... 2,000,000 and implement innovative ways to provide ment recently awarded a grant for a Cali- Evaluation and data quality ini- financial incentives for teachers and prin- fornia Comprehensive Center, which will pro- tiative ...... 2,000,000 cipals who raise student achievement and vide technical assistance to state and local Reach out and Read, peer review, close the achievement gap in some of our Na- educational agencies in California. This new teacher quality and other ac- tion’s highest-need schools, as proposed in Center will have to establish and develop a tivities ...... 9,092,000 the House bill. The Senate bill did not pro- strong relationship to serve schools in pose funding for this program. Southern California, which has a majority of The conference agreement includes The conferees intend that the Secretary California’s students and schools identified $2,000,000 to carry out the American History use not less than 95 percent of these funds to as in need of improvement as well as the and Civics Education Act of 2004, instead of award competitive grants to local edu- highest number of English Language Learn- $10,000,000 as proposed by the Senate. The cational agencies (LEAs), including charter

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 28034 CONGRESSIONAL RECORD—HOUSE December 13, 2005 schools that are LEAs, States, or partner- The conference agreement includes $850,000 for the National Recognition Awards ships of (1) a local educational agency, a $4,900,000 for the Dropout Prevention pro- program under the guidelines described in State, or both and (2) at least one non-profit gram as proposed by the Senate. The House section 120(f) of Public Law 105–244 as pro- organization to design and implement fair, did not propose funding for this program. posed in the Senate bill. The House bill did differentiated compensation systems for pub- The conference agreement includes not include a similar provision. lic school teachers and principals based pri- $32,500,000 for Advanced Placement programs The conference agreement includes marily on measures of gains in student aca- instead of $30,000,000 as proposed by the $32,736,000 for Grants to Reduce Alcohol demic achievement, in addition to other fac- House and $40,000,000 as proposed by the Sen- Abuse instead of $33,500,000 as proposed by tors, for teachers and principals in high-need ate. the Senate. The House did not propose fund- schools. The conferees intend high-need The conference agreement does not include ing for this activity. schools to have the same meaning as the language proposed in the House bill related The conference agreement includes term is defined in section 2312 of the Elemen- to the evaluation of the D.C. School Choice $35,000,000 for the Elementary and Secondary tary and Secondary Education Act. The con- Incentive Act of 2003. The Senate bill did not School Counseling program instead of ferees further intend that each applicant include a similar provision. $34,720,000 as proposed by the House and demonstrate a significant investment in, and SAFE SCHOOLS AND CITIZENSHIP EDUCATION $36,000,000 as proposed by the Senate. ensure the sustainability of, its project by The conference agreement includes committing to pay for an increasing share of The conference agreement includes $73,408,000 for the Physical Education pro- the total cost of the project, for each year of $736,886,000 for programs in the Safe Schools gram as proposed by the House instead of the grant, with State, local, or other non- and Citizenship Education account instead of $74,000,000 as proposed by the Senate. Federal funds. $763,870,000 as proposed by the House and The conference agreement includes The conference agreement includes bill $697,300,000 as proposed by the Senate. $29,405,000 for the Civic Education program language, modified from the House bill, The conference agreement includes to support both the We the People programs which requires the Secretary to use funds for $350,000,000 for Safe and Drug-Free Schools and the Cooperative Education Exchange as performance-based compensation systems State Grants instead of $400,000,000 as pro- proposed by the House instead of $30,000,000 that: consider gains in student academic posed by the House and $300,000,000 as pro- as proposed by the Senate. The conferees in- achievement as well as classroom evalua- posed by the Senate. tend that $17,211,000 will be provided to the tions conducted multiple times during each The conferees are concerned that the De- nonprofit Center for Civic Education to sup- school year and provide educators with in- partment of Education has neglected to re- port We the People programs. Within the centives to take on additional responsibil- port specific data to Congress as required total for the We the People program, the ities and leadership roles. In addition, the under Section 4122(c) of Title IV, Part A of conferees intend that $3,025,000 be reserved to conferees urge the Secretary to give priority the No Child Left Behind Act. This data is continue the comprehensive program to im- to applications that demonstrate the major- required to be included in the State report prove public knowledge, understanding, and ity support of educators for such compensa- under Section 4116 of the Safe and Drug-Free support of American democratic institu- tion systems. Schools and Communities program. The re- tions, which is a cooperative project among The conference agreement also includes port specifically requires all States to col- the Center for Civic Education, the Center bill language, not included in either House or lect and report to the Secretary, in a form on Congress at Indiana University, and the Senate bill, which allows not more than specified by the Secretary, the following Trust for Representative Democracy at the $5,000,000 to be used to provide schools with data: incidence and prevalence, age of onset, National Conference of State Legislatures, assistance in implementing this program. perception of health risk and perception of and that $1,513,000 be used for continuation The conferees intend that the Secretary use social disapproval of drug use and violence of the school violence prevention demonstra- these funds for one or more grants to an or- by youth in schools and communities. The tion program, including $500,000 for the Na- ganization or organizations with expertise in conferees expect the Department to develop tive American initiative. providing research-based expert advice to a plan for how it will collect the specified The conference agreement also includes support schools initiating and implementing data from the States and report it to Con- $12,194,000 for the Cooperative Education Ex- differentiated compensation systems, train- gress in a timely manner. The plan should be change program. Within this amount, the ing school personnel, disseminating informa- submitted to the House and Senate author- conferees intend that $4,573,000 is for the tion on effective teacher compensation sys- izing, appropriations and oversight commit- Center for Civic Education and $4,573,000 is tems, and providing program outreach tees within 60 days of enactment of this bill. for the National Council on Economic Edu- through a clearinghouse of best practices. The conference agreement includes cation, while the remaining $3,048,000 should The conferees also urge the Secretary to de- $142,537,000 for National Programs instead of be used to continue the existing grants fund- sign an appropriate, long-term and rigorous $152,537,000 as proposed by the House and ed under the authorizing statute for civics evaluation, using randomized controlled $150,000,000 as proposed by the Senate. The and government education, and for economic trials to the extent practicable, of this pro- conference agreement includes funding for education. gram which will be used to inform Congress the following activities: on the results achieved under this program. ENGLISH LANGUAGE ACQUISITION School Safety Initiatives .. $27,000,000 Other programs The conference agreement includes Planning/Needs Assess- $675,765,000 for the English Language Acqui- The conference agreement includes ment/Data for State sition account as proposed by the House in- $24,500,000 for the Ready to Learn program Grants ...... 8,257,000 stead of $683,415,000 as proposed by the Sen- instead of $25,000,000 as proposed by the Sen- Safe Schools/Healthy Stu- ate. The House bill did not include funding ate. dents ...... 80,000,000 SPECIAL EDUCATION for this program. The conferees note that the Drug Testing Initiative ..... 9,180,000 original intent for the Ready to Learn pro- Postsecondary Ed Drug The conference agreement includes gram consisted of two distinct but coordi- and Violence Prevention $11,770,607,000 for the Special Education ac- nated elements: development of national (including $850,000 for the count instead of $11,813,783,000 as proposed by educational programming that supports recognition program) ..... 7,500,000 the House and $11,775,107,000 as proposed by emergent literacy and other school readiness Violence prevention im- the Senate. The agreement provides skills and community-based local outreach. pact evaluation ...... 1,551,000 $6,346,407,000 in fiscal year 2006 and The purpose of local outreach has been to ex- National Institute of $5,424,200,000 in fiscal year 2007 funding for tend the educational impact of the program- Building Sciences for the this account. The conference agreement includes ming as well as to provide practical training National Clearinghouse $10,689,746,000 for Grants to States Part B as for parents and educators on how to promote for Educational Facili- early learning and literacy and make respon- proposed by the Senate instead of ties ...... 300,000 sible choices about television viewing. Given Project SERV ...... 1,449,000 $10,739,746,000 as proposed by the House. The the demonstrated track record of the out- Other activities ...... 7,300,000 agreement also includes $440,808,000 for reach component of the Ready to Learn pro- Grants for Infants and Families as proposed gram, the conferees believe that broad-based The conferees direct the Department to by the House instead of $444,308,000 as pro- outreach, which capitalizes on the strength implement the Act consistent with their in- posed by the Senate. and reach of public television stations and tent, as reflected in the table above, and re- The conference agreement includes includes local adult training workshops, quest an implementation plan to be sub- $49,397,000 for Technical Assistance and Dis- should continue to be a central feature of mitted to the House and Senate Committees semination as proposed by the House instead this program. Therefore, the conference on Appropriations within 30 days of enact- of $50,397,000 as proposed by the Senate. agreement includes an increase of $1,188,000 ment of the Department of Education Appro- The agreement also includes $38,816,000 for over last year for additional support of the priations Act, 2006. Technology and Media Services as proposed outreach project funded during the fiscal The conference agreement includes bill by the Senate instead of $31,992,000 as pro- year 2005 competition. language requiring the Department to spend posed by the House. Within this amount,

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28035 $1,500,000 is available for Public Tele- consult with the House and Senate Commit- $1,936,936,000 as proposed by the House and communications Information and Training tees on Appropriations prior to the release of $2,112,958,000 as proposed by the Senate. The Dissemination as proposed by the Senate. program guidance for the fiscal years 2005 conference agreement does not include bill The House did not include funding for this and 2006 Smaller Learning Communities language as proposed by the Senate regard- activity. Also within this amount, the con- grant competitions. The conferees urge that ing the use of funds to develop a strategic ference agreement includes $12,000,000 for Re- a greater share of the 5 percent set-aside for plan for foreign student access to American cording for the Blind and Dyslexic, Inc. as national activities be used to support direct colleges and universities. The House bill did proposed by the Senate instead of $11,400,000 technical assistance to grantees through re- not include similar language. as proposed by the House. gional laboratories, university-based organi- Aid for institutional development zations, and other entities with expertise in REHABILITATION SERVICES AND DISABILITY high school reform, and request a report not The conference agreement includes RESEARCH later than January 1, 2006 on its planned use $95,873,000 for Hispanic Serving Institutions The conference agreement includes of this set-aside in fiscal year 2005. Further, as proposed by the House instead of $3,129,638,000 for Rehabilitation Services and the conferees strongly encourage the Depart- $100,823,000 as proposed by the Senate. The Disability Research instead of $3,128,638,000 ment to enter into a jointly funded program conference agreement also includes as proposed by the House and $3,133,638,000 as with a private or public foundation with ex- $11,904,000 for Alaska and Native Hawaiian proposed by the Senate. pertise in designing and implementing small Institutions as proposed by the Senate in- The conference agreement includes schools in order to further leverage the Fed- stead of $6,500,000 as proposed by the House. $1,000,000 to continue an award to the Amer- eral investment in smaller learning commu- Fund for the improvement of postsecondary edu- ican Academy of Orthotists and Prosthetists nities. cation (AAOP) for activities that further the pur- The conference agreement includes The conference agreement includes poses of the grant received by the Academy $23,000,000 for State Grants for Incarcerated $22,211,000 for the Fund for the Improvement for the period beginning October 1, 2003 as Youth Offenders, instead of $24,000,000 as pro- of Postsecondary Education instead of proposed by the Senate. The House bill did posed by the Senate. The House did not in- $49,211,000 as proposed by the House and not include a similar provision. clude funding for this program. The con- $157,211,000 as proposed by the Senate. The conference agreement includes ferees concur with the language included in $30,760,000 for assistive technology instead of the Senate Report regarding the administra- Other programs $29,760,000 as proposed by the House and tion of this program. The conference agreement includes $34,760,000 as proposed by the Senate. Within The conference agreement does not include $836,543,000 for TRIO as proposed by the this amount, the conferees intend that funding for Community Technology Centers, House instead of $841,543,000 as proposed by $21,552,000 shall be for the state grant pro- as proposed by the House. The Senate in- the Senate. gram, $4,385,000 for grants for protection and cluded $4,960,000 for this activity. The conference agreement includes advocacy, $1,063,000 for national activities STUDENT FINANCIAL ASSISTANCE $306,488,000 for the GEAR UP program, the and $3,760,000 for alternative financing pro- The conference agreement includes same level proposed by both the House and grams. $15,077,752,000 for Student Financial Assist- the Senate. The conferees intend that funds be awarded on an annual basis and that the SPECIAL INSTITUTIONS FOR PERSONS WITH ance instead of $15,283,752,000 as proposed by Department consult with Congressional com- DISABILITIES the House and $15,103,795,000 as proposed by the Senate. mittees of jurisdiction prior to new grant AMERICAN PRINTING HOUSE FOR THE BLIND The agreement provides a program level of competition announcements. The conference The conference agreement includes $13,177,000,000 for Pell Grants as proposed by agreement provides a sixth and final year $17,750,000 for the American Printing House the Senate instead of $13,383,000,000 as pro- award to grantees first funded in 2001, while for the Blind instead of $17,000,000 as pro- posed by the House. The agreement main- continuing all other funded projects. The posed by the House and $18,500,000 as pro- tains the maximum Pell Grant at $4,050 as conferees also intend that these funds are posed by the Senate. proposed by the Senate rather than $4,100 as available to eligible 2000 grantees that opt to NATIONAL TECHNICAL INSTITUTE FOR THE DEAF proposed by the House. Additional funds are apply for new grant awards servicing a co- The conference agreement includes included in section 305 of this Act to com- hort no later than seventh grade, and are al- $56,708,000 for the National Technical Insti- pletely pay down the shortfall that has been lowed to continue assisting students who tute for the Deaf instead of $56,137,000 as pro- accumulating in the Pell Grant program have not yet completed the program through posed by the House and $57,279,000 as pro- over the last several fiscal years as proposed high school graduation. posed by the Senate. by both the House and Senate. The conference agreement includes suffi- The conferees believe it is essential for cient funds for a GEAR UP competition in GALLAUDET UNIVERSITY Congress to have the most accurate and reli- fiscal year 2006 for new partnership awards. The conference agreement includes able information available to make decisions The twin goals of GEAR UP are to ensure $108,079,000 for Gallaudet University instead regarding the allocation of limited discre- that low-income students are academically of $107,657,000 as proposed by the House and tionary funding. Therefore, the conferees di- prepared for college and that they receive $108,500,000 as proposed by the Senate. rect the Department of Education to provide scholarships to enable them to actually at- VOCATIONAL AND ADULT EDUCATION to the House and Senate Committees on Ap- tend college. Accordingly, the conferees en- The conference agreement includes propriations, on a quarterly basis, updated courage the Department to give consider- $2,012,282,000 for Vocational and Adult Edu- estimates of the cost of the Pell Grant pro- ation in the 2006 GEAR UP competition to cation instead of $1,991,782,000 as proposed by gram, based on current law and the most partnerships that, in addition to providing the House and $1,927,016,000 as proposed by current data related to valid applications, early intervention services, guarantee col- the Senate. The agreement provides applicant type, and other information incor- lege scholarships to GEAR UP students. $1,221,282,000 in fiscal year 2006 and porated into the Department’s Pell Grant The conference agreement includes $791,000,000 in fiscal year 2007 funding for this forecasting model. $41,000,000 for Byrd Honors Scholarships and account. The conference agreement also includes $6,944,000 for demonstrations in disabilities The conference agreement includes $778,720,000 for the supplemental educational as proposed by the Senate. The House did not $9,257,000 for Vocational Education National opportunity grant program as proposed by propose funding for these activities. programs, as proposed by the Senate. The the House instead of $804,763,000 as proposed The conference agreement includes House included $11,757,000 for National pro- by the Senate. $60,500,000 for the Teacher Quality Enhance- The conference agreement provides grams. ment Grants program. The House and Senate $990,257,000 for Federal work-study programs The conference agreement includes proposed $58,000,000 for this program. as proposed by both the House and Senate. $569,672,000 for Adult Education State Grants The conference agreement includes Within this total, the conference agreement as proposed by the House, instead of $2,000,000 for the Underground Railroad pro- includes $6,000,000, as proposed by the Sen- $572,922,000 as proposed by the Senate. gram instead of $2,204,000 as proposed by the ate, for the work colleges program. The The conference agreement includes Senate and $2,976,000 for Thurgood Marshall House report did not include similar lan- $94,476,000 for the Smaller Learning Commu- Scholarships instead of $3,500,000 as proposed guage. nities program as proposed by the House. by the Senate. The House did not propose The Senate bill did not include funding for STUDENT AID ADMINISTRATION funding these activities. this program. The conferees agree that these The conference agreement includes The conference agreement also includes funds shall be used only for activities related $120,000,000 for student aid administration as $980,000 for Olympic Scholarships as proposed to establishing smaller learning commu- proposed by the Senate instead of $124,084,000 by the House. The Senate bill did not provide nities within large high schools or small as proposed by the House. funding for this program. high schools that provide alternatives for HIGHER EDUCATION HOWARD UNIVERSITY students enrolled in large high schools. The The conference agreement includes The conference agreement includes conferees again direct that the Department $1,970,760,000 for Higher Education instead of $239,790,000 for Howard University instead of

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$240,790,000 as proposed by the House and DEPARTMENTAL MANAGEMENT districts in Colorado and Arizona. The House $238,789,000 as proposed by the Senate. The conference agreement includes bill contained no similar provision. INSTITUTE OF EDUCATION SCIENCES $415,303,000 for Departmental program ad- VIOLENCE PREVENTION The conference agreement includes ministration instead of $410,612,000 as pro- The conference agreement does not include $522,695,000 for the Institute of Education posed by the House and $411,992,000 as pro- a provision proposed by the Senate relating Sciences (IES) instead of $522,696,000 as pro- posed by the Senate. The agreement also in- to a study to evaluate the effectiveness of vi- posed by the House and $529,695,000 as pro- cludes $49,000,000 for the Office of the Inspec- olence prevention programs. The House did not include a similar provision. posed by the Senate. tor General as proposed by the House instead of $49,408,000 as proposed by the Senate. The conferees concur with the language in- ASSESSMENT OF EDUCATION PROGRESS TESTS The conferees concur with the views ex- cluded in the House report that a key pur- IN U.S. HISTORY pressed in the House report with regard to pose of public education is being neglected: The conference agreement does not include the Communities Can program and its role in the civic mission of schools to educate our a general provision as proposed by the Sen- enhancing integrated and coordinated serv- young people for democracy and to prepare ate providing additional funding for a na- ices for children with disabilities and their them to be engaged citizens. The National tional assessment of education progress tests families. The conferees request that the plan Assessments of Educational Progress in in United States history. The House bill con- of action for carrying forward this activity civics and history are the best way we have tained no similar provision. be provided to both the House and Senate to measure how well schools are doing in ful- DROPOUT PREVENTION PROGRAMS Appropriations Committees. The Senate did filling this purpose. Therefore, the conferees The conference agreement does not include not include similar language. request that the National Assessment Gov- a general provision as proposed by the Sen- The conference agreement concurs with erning Board, in consultation with the Com- ate providing additional funding for school language contained in the Senate report re- missioner, National Center for Education dropout prevention programs. Funding for garding the proposed reorganization of the Statistics, prepare a report on the feasibility this program is included under the heading, regional office structure within the Rehabili- of the National Assessment of Educational ‘‘Innovation and Improvement.’’ The House tation Services Administration. Therefore, Progress conducting State level assessments bill contained no similar provision. the conferees request a report that describes in the subjects of U.S. history and civics at the steps taken to reach out to stakeholder ADVANCED PLACEMENT PROGRAMS grades 8 and 12 and, if feasible, the earliest groups on this issue; a detailed plan for en- The conference agreement does not include schedule under which such assessments could suring that policy guidance, technical assist- a general provision as proposed by the Sen- be administered. The Governing Board shall, ance and program monitoring will be of high- ate providing additional funding for ad- within 180 days of enactment of this Act, er quality and more timely than currently vanced placement programs. Funding for submit the feasibility report to the House available; and the specific performance goals this program is included under the heading, and Senate Appropriations Committees, the under the proposed reorganization for fre- ‘‘Innovation and Improvement.’’ The House House Education and the Workforce Com- quency of monitoring visits, and timeliness bill contained no similar provision. mittee, the Senate Health, Education, Labor and relevancy of technical assistance, com- THURGOOD MARSHALL AND OFFICE OF SPECIAL and Pensions Committee, and the Secretary pared to the actual performance under the EDUCATION PROGRAMS of Education. The Senate report did not in- current administrative structure. The con- clude similar language. The conference agreement does not include ferees expect to receive this report not later a general provision as proposed by the Sen- The conferees are very concerned with the than 60 days after enactment of this Act, but ate providing additional funding for the funding levels directed to the Research and encourage the Department to make it avail- Thurgood Marshall Legal Education Oppor- Development Centers. The current levels, able as soon as possible. The House report tunity Program and the Office of Special which are $10,000,000 less than the amount expressed similar concerns, but used dif- Education Programs. Funding for these ac- outlined in the fiscal year 2005 and fiscal ferent language. tivities is included under the headings, year 2006 budget justifications, are inad- The conferees are concerned that the De- ‘‘Higher Education’’ and ‘‘Special Edu- equate to create long-term comprehensive partment, in implementing Reading First cation’’ respectively. The House bill con- interdisciplinary programs. The conferees and other programs authorized by the No tained no similar provision. have therefore included bill language requir- Child Left Behind Act, which are required to ing IES to provide $25,257,000 for Research FEDERAL TRIO PROGRAMS implement activities that are backed by sci- The conference agreement does not include and Development Centers. The conferees di- entifically based research, may not be effec- rect that these funds be used to support not a general provision as proposed by the Sen- tively helping States and local educational ate providing additional funding for Federal less than eight Research and Development agencies implement program studies. The Centers, as authorized by law. TRIO programs. Funding for this program is conferees therefore request the Secretary to included under the heading, ‘‘Higher Edu- The conferees expect, as stated in the fis- submit a report to the House and Senate cal year 2005 statement of the managers and cation.’’ The House bill contained no similar Committees on Appropriations within 30 provision. the fiscal year 2006 budget justification, that days of the enactment of this Act, on the ac- EDUCATION PROGRAMS SERVING HISPANIC funds in excess of those amounts needed to tions that program offices have taken or will STUDENTS maintain or establish new centers, be used take, effective this fiscal year, in the selec- for supplemental awards to Research and De- tion, oversight, and evaluation of grantees, The conference agreement does not include velopment Centers. The conferees further ex- to ensure that grantees effectively imple- a general provision as proposed by the Sen- pect that funds be used to make adjustments ment such research-based programs, includ- ate providing additional funding for edu- to studies or services as needs arise. The con- ing close replication of the specific elements cation programs to improve Hispanic edu- ferees believe that current funding levels of these programs. cational opportunities. Funding for these provide for inflexible, narrowly focused re- programs is included elsewhere in Title III. TITLE III—GENERAL PROVISIONS search rather than work that is of sufficient The House bill contained no similar provi- size and scope to be effective. The conferees PELL GRANT SHORTFALL sion. also believe it is essential that centers not The conference agreement includes a gen- TITLE IV—RELATED AGENCIES be restricted to particular research meth- eral provision as proposed by the Senate pro- CORPORATION FOR NATIONAL AND COMMUNITY odologies but instead use rigorous methods viding $4,300,000,000 for the purpose of elimi- SERVICE to address areas of high priority. The con- nating the estimated accumulated shortfall The conference agreement includes ferees request the IES to submit a report of budget authority for the Pell Grant pro- $909,049,000 for the Corporation for National within 45 days of enactment of this Act on gram. The House bill contained the same and Community Service, the same as the the steps it will take to comply with Con- provision, but used slightly different lan- House, instead of $935,205,000 as proposed by gressional intent. guage. the Senate. The conferees urge the Department’s Na- MISSISSIPPI BAND OF CHOCTAW INDIANS DOMESTIC VOLUNTEER SERVICE PROGRAMS, tional Center for Education Statistics to use The conference agreement includes a gen- OPERATING EXPENSES the Fast Response Survey System to collect eral provision similar to that proposed by data for the report of Arts Education in Pub- The conference agreement includes the Senate to authorize educational and cul- lic Elementary and Secondary Schools dur- $316,212,000 for the Domestic Volunteer Serv- tural programs relating to the Mississippi ing the 2006–2007 school year. The conferees ice programs as proposed by the Senate in- Band of Choctaw Indians. The House bill con- expect this survey and reporting to have the stead of $357,962,000 as proposed by the tained no similar provision. comprehensive quality of the 2002 report and House. include national samples of elementary and IMPACT AID National Senior Volunteer Corps secondary school principals, as well as sur- The conference agreement does not include The conference agreement includes veys of elementary and secondary classroom a general provision proposed by the Senate $219,784,000 for fiscal year 2006 for the Na- teachers and arts specialists. relating to applications filed by two school tional Senior Volunteer Corps programs, as

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 13, 2005 CONGRESSIONAL RECORD—HOUSE 28037 proposed by the House and the Senate. The counts, but for the same total amount. The Program FY 2006 conferees concur with language in the Sen- conferees reiterate that Subtitle H funds for 21st Century Museum Profes- ate report that directs that the Corporation Innovation, Assistance and Other Activities sionals ...... 992 shall comply with the directive that use of shall not be used to pay Corporation staff. Museum Grants, African Amer- ican History and Culture ...... 850 PNS funding increases in the Foster Grand- OFFICE OF INSPECTOR GENERAL parents Program, Retired Senior Volunteer Library Serv. State Grants ...... 165,400 The conference agreement includes Program, Senior Companion Program, and Native American Library Serv- $6,000,000 for the Office of Inspector General Volunteers in Service to America shall not ices ...... 3,675 (OIG) as proposed by the House and Senate. Library Natl. Leadership Grants 12,500 be restricted to any particular activity and The conferees concur with language proposed Laura Bush 21st Century Librar- further direct that the Corporation shall not by the Senate directing the OIG to continue ian Program ...... 24,000 stipulate a minimum or maximum for PNS reviewing the Corporation’s management of Administration ...... 11,917 grant augmentation. the National Service Trust fund. The con- The conferees concur with language pro- Program administration ferees direct the OIG to review the monthly posed by the House to rename the Librarians The conference agreement includes funds Trust reports and to notify the Committees for the 21st Century Program in honor of the for the administration of the Domestic Vol- on Appropriations on the accuracy of the re- First Lady, the Laura Bush 21st Century Li- unteer Service of America program adminis- ports. brarians Program. tration in the NCSA account as proposed by CORPORATION FOR PUBLIC BROADCASTING NATIONAL COUNCIL ON DISABILITY the Senate. The conference agreement includes The conference agreement includes NATIONAL AND COMMUNITY SERVICE $30,000,000 for digital conversion, instead of $3,144,000 for the National Council on Dis- PROGRAMS, OPERATING EXPENSES $35,000,000 as proposed by the Senate. The ability instead of $2,800,000 as proposed by (INCLUDING TRANSFER OF FUNDS) House had proposed providing authority for the House and $3,344,000 as proposed by the The conference agreement includes CPB to utilize previously appropriated funds Senate. $520,087,000 for the programs authorized for this purpose. NATIONAL LABOR RELATIONS BOARD under the National Community Service Act The conference agreement also includes The conferees concur with language in the of 1990, instead of $518,087,000 as proposed by $35,000,000 for the replacement project of the Senate report regarding the NLRB’s plan to the House and $546,243,000 as proposed by the satellite interconnection system, instead of restructure its regional offices and specifi- Senate. The conference agreement includes $40,000,000 as proposed by the Senate. The cally oppose the elimination of Region 30. $267,500,000 for AmeriCorps State and Na- House had proposed providing authority for RAILROAD RETIREMENT BOARD tional operating grants, as proposed by the CPB to utilize previously appropriated funds House instead of $280,000,000 as proposed by for this purpose. LIMITATION ON ADMINISTRATION the Senate. The conference agreement in- The conferees request that the Corporation The conferees are concerned about a pro- cludes $140,000,000 for the National Service for Public Broadcasting (CPB) Inspector posal to consolidate the financial statements Trust instead of $146,000,000 as proposed by General submit a status report to the House and audit of the National Railroad Retire- the House and $149,000,000 as proposed by the and Senate Committees on Appropriations ment Investment Trust with the financial Senate. The conference agreement includes not later than June 1, 2006 on actions CPB statements and audit of the Railroad Retire- $16,445,000 for subtitle H fund activities in- management and its Board of Directors have ment Board in the context of the preparation stead of $9,945,000 as proposed by the House taken in response to the Inspector General’s of the Railroad Retirement Board’s fiscal and $15,945,000 as proposed by the Senate. November 15, 2005 report and any out- year 2006 Statement of Social Insurance. The The conference agreement includes standing issues or recommendations in the conferees note that the Railroad Retirement $27,000,000 for AmeriCorps National Civilian report that may remain unaddressed. and Survivors’ Improvement Act of 2001 Community Corps as proposed by the Senate FEDERAL MEDIATION AND CONCILIATION mandates that the Trust functions independ- instead of $25,500,000 as proposed by the SERVICE ently from the Railroad Retirement Board. Further, the Act specifically requires a sepa- House. The conference agreement includes The conference agreement includes $37,500,000 for Learn and Serve as proposed by rate audit of the Trust by a nongovern- $43,031,000 for the Federal Mediation and mental auditor, and requires that the results the House instead of $42,656,000 as proposed Conciliation Service (FMCS) instead of by the Senate. of this audit be included in the Trust’s An- $42,331,000 as proposed by the House and nual Management Report to Congress. The AmeriCorps Grants Program $43,439,000 as proposed by the Senate. conferees expect that the Trust be adminis- The conferees concur with language pro- The conference agreement includes $400,000 tered and audited solely in conformance with posed by the Senate to keep the Committees for FMCS Labor-Management Grants Pro- the Act of 2001. better informed of the recipients receiving gram instead of $500,000 as proposed by the LIMITATION ON THE OFFICE OF INSPECTOR AmeriCorps funding. The conferees direct Senate. The House bill did not include fund- GENERAL the Corporation to publish in its fiscal year ing for this program. The 1978 Labor-Man- 2007 budget justifications a list of recipients agement Cooperation Act authorized the The conference agreement does not include that have received more than $500,000 from Agency to encourage and support joint labor- language proposed by the Senate that allows the Corporation, delineated by program, and management committees. This program the Office of the Inspector General to con- the amount and source of both Federal and awards grants to encourage these commit- duct audits, investigations, and reviews of non-Federal funds that were received by each tees to develop innovative joint approaches the Medicare programs. recipient. to workplace problems and solutions. SOCIAL SECURITY ADMINISTRATION Innovation, assistance and other activities The conference agreement includes $300,000 SUPPLEMENTAL SECURITY INCOME PROGRAM for the FMCS program to prevent youth vio- Within the $16,445,000 for innovation, dem- The conference agreement includes lence. onstration, and assistance activities, the $29,369,174,000 for the Supplemental Security conference agreement includes $4,000,000 for INSTITUTE OF MUSEUM AND LIBRARY SERVICES Income Program instead of $29,533,174,000 as Teach for America and $2,000,000 for Commu- The conference agreement provides proposed by the House and $29,510,574,000 as nities in Schools, Inc., as proposed by the $249,640,000 for the Institute of Museum and proposed by the Senate. The conference Senate. Library Services as proposed by the House agreement also includes an advance appro- priation of $11,110,000,000, as proposed by AmeriCorps National Civilian Community Corps instead of $290,129,000 as proposed by the Sen- ate. both the House and the Senate, for the first The conference agreement includes Within the total for the Institute, the con- quarter of fiscal year 2007, to ensure uninter- $27,000,000 for the NCCC and within this ference agreement includes funding for the rupted benefit payments. Also within the amount, $1,500,000, as proposed by the Sen- following activities in the following total, $2,733,000,000 is included for the admin- ate, is to conduct an evaluation of current amounts. istrative costs of the program rather than NCCC site placement and expansion of new $2,897,000,000 as proposed by the House and sites in the Southern and Midwestern United (Dollars in thousands) $2,874,400,000 as proposed by the Senate. States, in accordance with the report issued Program FY 2006 The conference agreement does not include on March 1, 2005. Museums for America ...... $17,325 a provision proposed by the Senate that SALARIES AND EXPENSES Museum Assessment ...... 446 changes the delivery date of benefit pay- The conference agreement includes Museum Conservation Projects ... 2,800 ments from fiscal year 2006 to 2007. The $66,750,000 for the Corporation’s salaries and Museum Conservation Assess- House did not include this provision. expenses, as proposed by the Senate. This in- ment ...... 815 LIMITATION ON ADMINISTRATIVE EXPENSES cludes $39,750,000 for administration of the Museum Natl. Leadership Proj. ... 8,000 The conference agreement includes DVSA programs. The House bill had provided Native American Museum Serv- $9,199,400,000 for the limitation on adminis- salaries and expenses in two separate ac- ices ...... 920 trative expenses rather than $9,279,700,000 as

VerDate Sep 11 2014 14:00 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK21\NO-SSN\BR13DE05.DAT BR13DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 28038 CONGRESSIONAL RECORD—HOUSE December 13, 2005 proposed by the House and $9,329,400,000 as proposed by the House. The Senate bill did pertaining to the Pension Benefit Guaranty proposed by the Senate. not include this provision. Corporation and a specific settlement agree- OFFICE OF INSPECTOR GENERAL REPROGRAMMING OF FUNDS ment. The Senate bill did not include this provision. (INCLUDING TRANSFER OF FUNDS) The conference agreement includes a gen- The conference agreement includes eral provision as proposed by the House per- IMMIGRATION LIMITATION $92,400,000 for the Office of Inspector General taining to the reprogramming of funds. The The conference agreement does not include rather than $92,805,000 as proposed by the Senate bill included the same substantive a general provision as proposed by the House House and $93,000,000 as proposed by the Sen- provision, but with minor technical dif- prohibiting the use of funds by the Depart- ate. ferences. ment of Education in contravention of sec- TITLE V—GENERAL PROVISIONS IMMIGRATION AND NATIONALITY ACT tion 505 of the Illegal Immigration Reform AMENDMENT and Responsibility Act of 1996. The Senate USE OF APPROPRIATED FUNDS FOR PUBLICITY The conference agreement includes a gen- bill did not include this provision. AND PROPAGANDA eral provision amending the Immigration NIMH GRANTS The conference agreement includes a gen- and Nationality Act as proposed by the Sen- eral provision as proposed by the Senate per- ate. The House bill did not include this pro- The conference agreement does not include taining to the use of appropriated funds for vision. a general provision as proposed by the House publicity or propaganda purposes. The House regarding NIMH grants. The Senate bill did bill included a similar provision, but ex- SCIENTIFIC ADVISORY COMMITTEE not include this provision. APPOINTMENTS panded the scope to include private contrac- MEXICAN TOTALIZATION tors. The conference agreement includes a gen- eral provision as proposed by the Senate per- The conference agreement does not include STERILE NEEDLE PROGRAM taining to appointments to a scientific advi- a general provision proposed by the House The conference agreement includes a gen- sory committee, instead of a similar provi- pertaining to a totalization agreement with eral provision as proposed by the Senate per- sion included in the House bill. Mexico. The Senate bill did not include this taining to sterile needle programs. The Sen- provision. CMS GENERAL PROVISION ate bill made a minor technical change to HIGHER EDUCATION LIMITATION the language carried in prior years. The The conference agreement does not include House bill included the same provision, but the general provision proposed by the Senate The conference agreement does not include without the technical modification. prohibiting the use of funds for drugs ap- a general provision proposed by the House proved to treat erectile dysfunction. The regarding student loans. The Senate bill did USE OF FEDERAL FUNDS FOR ABORTIONS House bill included a similar provision, but not include this provision. The conference agreement includes a gen- with slightly different language. The con- LIMITATION, DIRECTIVE, OR EARMARKING eral provision as proposed by the Senate per- ferees instead include a provision that was taining to the use of federal funds in the Act not contained in either the House or Senate The conference agreement does not include for abortions. The Senate bill made a minor bill which reduces CMS Program Manage- a general provision proposed by the Senate technical change to the language carried in ment funding by $60,000,000. Funding for re- regarding directives contained in either the prior years. The House bill included the same search, demonstration and evaluation and House or Senate reports accompanying H.R. provision, but without the technical modi- State survey and certification are not to be 3010. The House bill did not include this pro- fication. included in this reduction. vision. CONSCIENCE CLAUSE AVAILABILITY OF MMA FUNDS DIVERSITY VISA FAIRNESS ACT The conference agreement includes a gen- The conference agreement does not include The conference agreement does not include eral provision as proposed by the House re- a general provision as proposed by the House a general provision as proposed by the Sen- garding discrimination against those health extending the availability of funds provided ate that contains the Diversity Visa Fair- care providers or institutions who are op- by the Medicare Modernization Act from fis- ness Act. The House bill did not include this posed to abortion. The Senate bill proposed cal year 2005 to fiscal year 2006. The Senate provision. to modify this provision. bill did not include this provision. PORT OF ENTRY DESIGNATION EMBRYO RESEARCH BAN LIMITATION OF FUNDS FOR SEXUAL OR The conference agreement does not include The conference report includes a technical ERECTILE DYSFUNCTION TREATMENT a general provision as proposed by the Sen- correction to the longstanding bill language The conference agreement does not include ate designating the MidAmerica St. Louis prohibiting funds to be used for research in- a general provision as proposed by the House Airport in Mascoutah, Illinois a port of volving the creation or destruction of human pertaining to the payment for or the reim- entry. The House bill did not include this embryos. The citation of the Code of Federal bursement of a drug for the treatment of sex- provision. Regulations contained in both the House and ual or erectile dysfunction funded in this Act Senate versions of the bill is corrected. for individuals who have been convicted for RISK ASSESSMENT ESTIMATE VETERANS’ EMPLOYMENT REPORT sexual abuse, sexual assault or any other The conference agreement does not include The conference agreement includes a gen- sexual offense. The Senate bill did not in- a general provision as proposed by the Sen- eral provision as proposed by the Senate per- clude this provision. ate pertaining to improper payments for a taining to the availability of funds to enter CPB FUNDING AMENDMENT variety of programs administered by the De- partments of Health and Human Services into or renew any contract with an entity The conference agreement does not include and Education. The House did not include that is subject to submitting a report con- a general provision as proposed by the House this provision. Language regarding this issue cerning the employment of certain veterans. reducing the amounts available to certain is included in the statement of the managers The House bill did not include this provision. specified programs and activities in order to for the Department of Health and Human restore funding for the Corporation for Pub- LIMITATION ON LIBRARIES Services. The conference agreement includes a limi- lic Broadcasting. Funding for the programs INTERNAL REVENUE SERVICE OUTSOURCING tation, carried in prior years, on the ability included in this provision are specified under of a library to access funding provided under the relevant headings. The Senate bill did The conference agreement deletes without this Act unless the library is in compliance not include this provision. prejudice a general provision as proposed by with the Children’s Internet Protections Act, EDUCATION OIG DETERMINATION the Senate expressing the sense of the Sen- as proposed by the House. The Senate bill did The conference agreement does not include ate on the outsourcing of IRS duties and the not include this provision. a general provision as proposed by the House effects on the employment of disabled vet- erans and other persons with severe disabil- LIMITATION ON SCHOOLS pertaining to a specific Department of Edu- cation Office of the Inspector General deter- ities. The House did not include this provi- The conference agreement includes a limi- mination. The Senate bill did not include sion. tation, carried in prior years, on the ability this provision. of an elementary or secondary school to ac- CONFERENCE AGREEMENT cess technology funding provided under this PBGC LIMITATION The following table displays the amounts Act unless the school is in compliance with The conference agreement does not include agreed to for each program, project or activ- the Children’s Internet Protections Act, as a general provision proposed by the House ity with appropriate comparisons:

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CONFERENCE TOTAL—WITH COMPARISONS (3) SECRETARY.—The term ‘‘Secretary’’ to the official agreed upon to administer the The total new budget (obligational) au- means the Secretary of the Interior, unless Project that the Department of the Navy thority for the fiscal year 2006 recommended otherwise stated. does not have immediate need for any por- by the Committee of Conference, with com- SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF tion of the 60 percent of the Project’s yield parisons to the fiscal year 2005 amount, the SANTA MARGARITA RIVER PROJECT. allotted to the Secretary of the Navy under 2006 budget estimates, and the House and (a) AUTHORIZATION.—The Secretary, acting subsection (b), the official may enter into Senate bills for 2006 follow: pursuant to the Federal reclamation laws temporary contracts for the sale and deliv- (Act of June 17, 1902; 32 Stat. 388), and Acts ery of the excess water. [In thousands of dollars] amendatory thereof or supplementary there- (2) FIRST RIGHT FOR EXCESS WATER.—The New budget (obligational) to, as far as those laws are not inconsistent first right to excess water to be made avail- authority, fiscal year with the provisions of this Act, is authorized able under paragraph (1) shall be given the 2005 ...... $501,344,992 to construct, operate, and maintain the District, if otherwise consistent with the Budget estimates of new Project substantially in accordance with the laws of the State of California. final feasibility report and this Act. (obligational) authority, (3) CONDITION OF CONTRACTS.—Each con- (b) CONDITIONS.—The Secretary may con- fiscal year 2006 ...... 596,122,425 struct the Project only after the Secretary tract entered into under paragraph (1) for House bill, fiscal year 2006 601,642,273 determines that the following conditions the sale and delivery of excess water shall in- Senate bill, fiscal year 2006 612,406,934 have occurred: clude a condition that the Secretary of the Conference agreement, fis- (1) The District has entered into a contract Navy has the right to demand that water, cal year 2006 ...... 601,643,301 under section 9(d) of the Reclamation without charge and without obligation on Conference agreement the part of the United States, after 30 days compared with: Project Act of 1939 to repay to the United States appropriate portions, as determined notice. New budget (4) MODIFICATION OF RIGHTS AND OBLIGA- (obligational) author- by the Secretary, of the actual costs of con- structing, operating, and maintaining the TIONS RELATED TO WATER YIELD.—The rights ity, fiscal year 2005 ...... +100,298,309 and obligations of the United States and the Budget estimates of new Project, together with interest as herein- after provided. District regarding the ratio or amounts of (obligational) author- Project yield delivered may be modified by ity, fiscal year 2006 ...... +5,520,876 (2) The officer or agency of the State of an agreement between the parties. House bill, fiscal year California authorized by law to grant per- 2006 ...... +1,028 mits for the appropriation of water has (d) CONSIDERATION.— Senate bill, fiscal year granted such permits to the Bureau of Rec- (1) DEPOSIT OF FUNDS.—Moneys paid to the 2006 ...... ¥10,763,633 lamation for the benefit of the Department United States under a contract entered into of the Navy and the District as permittees under subsection (c) shall be deposited in the RALPH REGULA, for rights to the use of water for storage and special account established for the Depart- ERNEST ISTOOK, Jr., diversion as provided in this Act, including ment of the Navy under paragraph (1) of sec- ROGER F. WICKER, approval of all requisite changes in points of tion 2667(d) of title 10, United States Code, ANNE M. NORTHUP, diversion and storage, and purposes and and shall be available for the purposes speci- KAY GRANGER, places of use. fied in subparagraph (C) of such paragraph. JOHN E. PETERSON, (3) The District has agreed that it will not Subparagraph (D) of such paragraph shall DON SHERWOOD, assert against the United States any prior not apply to moneys deposited in the special DAVE WELDON, appropriative right the District may have to account pursuant to this subsection. JAMES T. WALSH, water in excess of the quantity deliverable to (2) IN-KIND CONSIDERATION.—In lieu of mon- JERRY LEWIS, it under this Act, and will share in the use of Managers on the Part of the House. etary consideration under paragraph (1), or the waters impounded by the Project on the in addition to such consideration, the Sec- ARLEN SPECTER, basis of equal priority and in accordance retary of the Navy may accept in-kind con- THAD COCHRAN, with the ratio prescribed in section 4(b). This sideration in a form and quantity that is ac- JUDD GREGG, agreement and waiver and the changes in ceptable to the Secretary of the Navy, in- LARRY E. CRAIG, points of diversion and storage under para- cluding the following forms of in-kind con- KAY BAILEY HUTCHISON, graph (2), shall become effective and binding sideration: TED STEVENS, only when the Project has been completed (A) Maintenance, protection, alteration, MIKE DEWINE, and put into operation. repair, improvement, or restoration (includ- (4) The Secretary has determined that the RICHARD C. SHELBY, ing environmental restoration) of property Project has economic, environmental, and PETE V. DOMENICI, or facilities of the Department of the Navy. engineering feasibility. Managers on the Part of the Senate. (B) Construction of new facilities for the SEC. 3. COSTS. f Department of the Navy. The Department of the Navy shall not be (C) Provision of facilities for use by the De- SANTA MARGARITA RIVER, CALI- responsible for any costs in connection with partment of the Navy. the Project, except upon completion and FORNIA, CONSTRUCTION AU- (D) Facilities operation support for the De- then shall be charged in reasonable propor- THORIZATION partment of the Navy. tion to its use of the Project under regula- (E) Provision of such other services as the Mrs. DRAKE. Mr. Speaker, I move to tions agreed upon by the Secretary of the Secretary of the Navy considers appropriate. suspend the rules and pass the bill Navy and Secretary of the Interior. (3) RELATION TO OTHER LAWS.—Sections 2662 (H.R. 125) to authorize the Secretary of SEC. 4. OPERATION; YIELD ALLOTMENT; DELIV- ERY. and 2802 of title 10, United States Code, shall the Interior to construct facilities to not apply to any new facilities whose con- provide water for irrigation, municipal, (a) OPERATION.—The operation of the Project, subject to a memorandum of agree- struction is accepted as in-kind consider- domestic, military and other uses from ment between the Secretary, the Navy, and ation under this subsection. the Santa Margarita River, California, the District and under regulations satisfac- (4) CONGRESSIONAL NOTIFICATION.—If the in- and for other purposes, as amended. tory to the Secretary of the Navy with re- kind consideration proposed to be provided The Clerk read as follows: spect to the Navy’s share of the project, may under a contract to be entered into under subsection (c) has a value in excess of H.R. 125 be by the Secretary, the District, or a third party consistent with section 6. $500,000, the contract may not be entered Be it enacted by the Senate and House of Rep- (b) YIELD ALLOTMENT.—Except as other- into until the earlier of the following: resentatives of the United States of America in wise agreed between the parties, the Depart- (A) The end of the 30-day period beginning Congress assembled, ment of the Navy and the District shall par- on the date on which a report describing the SECTION 1. DEFINITIONS. ticipate in the Project yield on the basis of contract and the form and quantity of the For the purposes of this Act, the following equal priority and in accordance with the in-kind consideration is submitted by the definitions apply: following ratio: Secretary of the Navy to the Committee on (1) DISTRICT.—The term ‘‘District’’ means (1) 60 percent of the Project’s yield is allot- Armed Services of the Senate and the Com- the Fallbrook Public Utility District, San ted to the Secretary of the Navy. mittee on Armed Services of the House of Diego County, California. (2) 40 percent of the Project’s yield is allot- Representatives. (2) PROJECT.—The term ‘‘Project’’ means ted to the District. (B) The end of the 14-day period beginning the impoundment, recharge, treatment, and (c) CONTRACTS FOR DELIVERY OF EXCESS on the date on which a copy of the report re- other facilities the construction, operation, WATER.— ferred to in subparagraph (A) is provided in watershed management, and maintenance of (1) EXCESS WATER AVAILABLE TO OTHER PER- an electronic medium pursuant to section 480 which is authorized under section 2. SONS.—If the Secretary of the Navy certifies of title 10, United States Code.

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