H. R. 4818—332
‘‘(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who,
as members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality, membership
in a particular social group, or political opinion.’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘September 30, 2004’’ and inserting ‘‘Sep-
tember 30, 2005’’.
SEC. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold sub-
stance abuse funding from a State pursuant to section 1926 of
the Public Health Service Act (42 U.S.C. 300x–26) if such State
certifies to the Secretary of Health and Human Services by May
1, 2005 that the State will commit additional State funds, in accord-
ance with subsection (b), to ensure compliance with State laws
prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926
of such Act.
(c) The State is to maintain State expenditures in fiscal year
2005 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2004, and adding to that
level the additional funds for tobacco compliance activities required
under subsection (a). The State is to submit a report to the Secretary
on all fiscal year 2004 State expenditures and all fiscal year 2005
obligations for tobacco prevention and compliance activities by pro-
gram activity by July 31, 2005.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as July
31, 2005.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926 from
a territory that receives less than $1,000,000.
SEC. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including
HIV/AIDS and other infectious disease, chronic and environmental
disease, and other health activities abroad during fiscal year 2005,
the Secretary of Health and Human Services—
(1) may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary
of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered
by the Department of State, and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration, renovation,
H. R. 4818—333
and management of facilities outside of the United States for
the use of the Department of Health and Human Services.
The Department of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that the Depart-
ment of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing loca-
tion, setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the Sec-
retary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as necessary
to conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
SEC. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional manage-
ment/administrative and occupational health professionals.
SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health may use
funds available under section 402(i) of the Public Health Service
Act (42 U.S.C. 282(i)) to enter into transactions (other than con-
tracts, cooperative agreements, or grants) to carry out research
in support of the NIH Roadmap Initiative of the Director.
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director of the National Institutes of Health may
utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical merit.
Such procedures shall apply to such transactions in lieu of the
peer review and advisory council review procedures that would
otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service
Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
SEC. 218. Notwithstanding any other provisions of law, funds
made available under this heading may be used to continue oper-
ating the Council on Graduate Medical Education established by
section 301 of Public Law 102–408.
SEC. 219. (a) Notwithstanding section 412.23(b)(2) of title 42
of the Code of Federal Regulations, none of the funds appropriated
by this Act may be expended by the Secretary of Health and
Human Services to treat a hospital or unit of a hospital that
was certified by the Secretary as an inpatient rehabilitation facility
on or before June 30, 2004, as a subsection (d) hospital (as defined
in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) until, not later than 60 days after the date on
which the report under subsection (b) is issued, the Secretary,
taking into account the recommendations in such report—
(1) determines that the classification criteria of hospitals
and units of hospitals as inpatient rehabilitation facilities under
such section 412.23(b)(2) are not inconsistent with such rec-
ommendations; or
H. R. 4818—334
(2) promulgates a regulation providing for revised criteria
under such section 412.23(b)(2), which regulation shall be effec-
tive and final immediately on an interim basis as of the date
of publication of the regulation.
(b) The study referred to in subsection (a) is a study by the
Comptroller General of the United States directed in the statement
of managers accompanying the conference report on the bill H.R.
1 of the 108th Congress regarding clinically appropriate standards
for defining inpatient rehabilitation services under such section
412.23(b)(2).
SEC. 220. In addition to funds appropriated to the Office of
Inspector General of the Department of Health and Human Services
under Public Law 104–191 and this Act, $25,000,000 shall be trans-
ferred from amounts appropriated under section 1015(a)(1) of Public
Law 108–173 for activities by the Office of Inspector General of
the Department of Health and Human Services relating to oversight
of programs established or revised by Public Law 108–173.
SEC. 221. The unobligated balance of the Health Professions
Student Loan program authorized in Subpart II, Federally-Sup-
ported Student Loan Funds, of title VII of the Public Health Services
Act is rescinded.
SEC. 222. The unobligated balance of the Nursing Student
Loan program authorized by section 835 of the Public Health Serv-
ices Act is rescinded.
SEC. 223. The unobligated balance, excluding amounts nec-
essary for the costs of potential defaults, in the Medical Facilities
Guarantee and Loan Fund is rescinded.
SEC. 224. The unobligated balance in the amount of $20,000,000
appropriated by Public Law 108–11 under the heading ‘‘Public
Health and Social Services Emergency Fund’’ is rescinded.
SEC. 225. The Center for Biodefense and Emerging Infectious
Diseases (Building 33) at the National Institutes of Health is hereby
named the C.W. Bill Young Center for Biodefense and Emerging
Infectious Diseases.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2005’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu-
cation Act of 1965, $14,963,683,000, of which $7,382,995,000 shall
become available on July 1, 2005, and shall remain available
through September 30, 2006, and of which $7,383,301,000 shall
become available on October 1, 2005, and shall remain available
through September 30, 2006 for academic year 2005–2006, and
of which $25,000,000 shall become available on October 1, 2004
and shall remain available until September 30, 2006: Provided,
That $7,037,592,000 shall be available for basic grants under section
1124: Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary of Education on October 1, 2004,
to obtain annually updated educational-agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants under