H. R. 3010—26
technologies, and if determined necessary by the Secretary, the 
purchase of influenza vaccine, $63,589,000. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be available 
for not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary. 
SEC. 202. The Secretary shall make available through assign-
ment not more than 60 employees of the Public Health Service 
to assist in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for International 
Development, the United Nations International Children’s Emer-
gency Fund or the World Health Organization. 
SEC. 203. None of the funds appropriated in this Act may 
be used to implement section 399F(b) of the Public Health Service 
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43. 
SEC. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research 
and Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in 
excess of Executive Level I. 
SEC. 205. None of the funds appropriated in this title for 
Head Start shall be used to pay the compensation of an individual, 
either as direct costs or any proration as an indirect cost, at a 
rate in excess of Executive Level II. 
SEC. 206. None of the funds appropriated in this Act may 
be expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or for 
other taps and assessments made by any office located in the 
Department of Health and Human Services, prior to the Secretary’s 
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned 
uses of such funds. 
SEC. 207. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but 
not more than 2.4 percent, of any amounts appropriated for pro-
grams authorized under said Act shall be made available for the 
evaluation (directly, or by grants or contracts) of the implementation 
and effectiveness of such programs. 
(TRANSFER OF FUNDS) 
SEC. 208. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended) which are appropriated for the current 
fiscal year for the Department of Health and Human Services 
in this Act may be transferred between a program, project, or 
activity, but no such program, project, or activity shall be increased 
by more than 3 percent by any such transfer: Provided, That a 
program, project, or activity may be increased by up to an additional 
2 percent subject to approval by the House and Senate Committees 
on Appropriations: Provided further, That the transfer authority 
granted by this section shall be available only to meet emergency 
needs and shall not be used to create any new program or to 
fund any project or activity for which no funds are provided in
H. R. 3010—27
this Act: Provided further, That the Appropriations Committees 
of both Houses of Congress are notified at least 15 days in advance 
of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 209. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may 
transfer up to 3 percent among institutes and centers from the 
total amounts identified by these two Directors as funding for 
research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer. 
(TRANSFER OF FUNDS) 
SEC. 210. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to 
the human immunodeficiency virus, as jointly determined by the 
Director of the National Institutes of Health and the Director of 
the Office of AIDS Research, shall be made available to the ‘‘Office 
of AIDS Research’’ account. The Director of the Office of AIDS 
Research shall transfer from such account amounts necessary to 
carry out section 2353(d)(3) of the Public Health Service Act. 
SEC. 211. None of the funds appropriated in this Act may 
be made available to any entity under title X of the Public Health 
Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the decision 
of minors to seek family planning services and that it provides 
counseling to minors on how to resist attempts to coerce minors 
into engaging in sexual activities. 
SEC. 212. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out 
the Medicare Advantage program if the Secretary denies participa-
tion in such program to an otherwise eligible entity (including 
a Provider Sponsored Organization) because the entity informs 
the Secretary that it will not provide, pay for, provide coverage 
of, or provide referrals for abortions: Provided, That the Secretary 
shall make appropriate prospective adjustments to the capitation 
payment to such an entity (based on an actuarially sound estimate 
of the expected costs of providing the service to such entity’s 
enrollees): Provided further, That nothing in this section shall be 
construed to change the Medicare program’s coverage for such serv-
ices and a Medicare Advantage organization described in this sec-
tion shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services. 
SEC. 213. Notwithstanding any other provision of law, no pro-
vider of services under title X of the Public Health Service Act 
shall be exempt from any State law requiring notification or the 
reporting of child abuse, child molestation, sexual abuse, rape, 
or incest. 
SEC. 214. (a) 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, 2006, that the State will commit additional State funds, in 
accordance with subsection (b), to ensure compliance with State
H. R. 3010—28
laws prohibiting the sale of tobacco products to individuals under 
18 years of age. 
(b) The amount of funds to be committed by a State under 
subsection (a) shall be equal to 1 percent of such State’s substance 
abuse block grant allocation for each percentage point by which 
the State misses the retailer compliance rate goal established by 
the Secretary of Health and Human Services under section 1926 
of such Act. 
(c) The State is to maintain State expenditures in fiscal year 
2006 for tobacco prevention programs and for compliance activities 
at a level that is not less than the level of such expenditures 
maintained by the State for fiscal year 2005, and adding to that 
level the additional funds for tobacco compliance activities required 
under subsection (a). The State is to submit a report to the Secretary 
on all fiscal year 2005 State expenditures and all fiscal year 2006 
obligations for tobacco prevention and compliance activities by pro-
gram activity by July 31, 2006. 
(d) The Secretary shall exercise discretion in enforcing the 
timing of the State obligation of the additional funds required 
by the certification described in subsection (a) as late as July 
31, 2006. 
(e) None of the funds appropriated by this Act may be used 
to withhold substance abuse funding pursuant to section 1926 from 
a territory that receives less than $1,000,000. 
SEC. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including 
HIV/AIDS and other infectious diseases, chronic and environmental 
diseases, and other health activities abroad during fiscal year 2006, 
the Secretary of Health and Human Services—
(1) may exercise authority equivalent to that available 
to the Secretary of State in section 2(c) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary 
of Health and Human Services shall consult with the Secretary 
of State and relevant Chief of Mission to ensure that the 
authority provided in this section is exercised in a manner 
consistent with section 207 of the Foreign Service Act of 1980 
(22 U.S.C. 3927) and other applicable statutes administered 
by the Department of State; and 
(2) is authorized to provide such funds by advance or 
reimbursement to the Secretary of State as may be necessary 
to pay the costs of acquisition, lease, alteration, renovation, 
and management of facilities outside of the United States for 
the use of the Department of Health and Human Services. 
The Department of State shall cooperate fully with the 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
H. R. 3010—29
infectious diseases, chronic and environmental diseases, and 
other health activities abroad. 
SEC. 216. The Division of Federal Occupational Health hereafter 
may utilize personal services contracting to employ professional 
management/administrative and occupational health professionals. 
SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision 
of law, the Director of the National Institutes of Health may use 
funds available under section 402(i) of the Public Health Service 
Act (42 U.S.C. 282(i)) to enter into transactions (other than con-
tracts, cooperative agreements, or grants) to carry out research 
in support of the NIH Roadmap for Medical Research. 
(b) PEER REVIEW.—In entering into transactions under 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. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Reg-
istry may be transferred to ‘‘Disease Control, Research, and 
Training’’, to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-
time equivalent employee while such employee is employed either 
by CDC or ATSDR. 
SEC. 219. Notwithstanding any other provisions of law, funds 
made available in this Act may be used to continue operating 
the Council on Graduate Medical Education established by section 
301 of Public Law 102–408. 
(RESCISSION OF FUNDS) 
SEC. 220. The unobligated balance in the amount of $10,000,000 
appropriated by Public Law 108–11 under the heading ‘‘Public 
Health and Social Services Emergency Fund’’ are rescinded. 
SEC. 221. (a) The Headquarters and Emergency Operations 
Center Building (Building 21) at the Centers for Disease Control 
and Prevention is hereby renamed as the Arlen Specter Head-
quarters and Emergency Operations Center. 
(b) The Global Communications Center Building (Building 19) 
at the Centers for Disease Control and Prevention is hereby 
renamed as the Thomas R. Harkin Global Communications Center. 
SEC. 222. None of the funds made available under this Act 
may be used to implement or enforce the interim final rule pub-
lished in the Federal Register by the Centers for Medicare & 
Medicaid Services on August 26, 2005 (70 Fed. Reg. 50940) prior 
to April 1, 2006. 
SEC. 223. (a) For fiscal year 2006 and subject to subsection 
(b), the Secretary of Health and Human Services may waive the 
requirements of regulations promulgated under the Head Start 
Act (42 U.S.C. 9831 et seq.), for one or more vehicles used by 
a Head Start agency or an Early Head Start entity (or the designee