H. R. 2361—42
expended: Provided further, That, notwithstanding any other provi-
sion of law, of the amounts provided herein, not to exceed 
$268,683,000 shall be for payments to tribes and tribal organiza-
tions for contract or grant support costs associated with contracts, 
grants, self-governance compacts or annual funding agreements 
between the Indian Health Service and a tribe or tribal organization 
pursuant to the Indian Self-Determination Act of 1975, as amended, 
prior to or during fiscal year 2006, of which not to exceed $5,000,000 
may be used for contract support costs associated with new or 
expanded self-determination contracts, grants, self-governance com-
pacts or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service 
and tribes and tribal organizations operating health facilities pursu-
ant to Public Law 93–638 such individually identifiable health 
information relating to disabled children as may be necessary for 
the purpose of carrying out its functions under the Individuals 
with Disabilities Education Act, 20 U.S.C. 1400, et seq.: Provided 
further, That of the amounts provided to the Indian Health Service, 
$15,000,000 is provided for alcohol control, enforcement, prevention, 
treatment, sobriety and wellness, and education in Alaska, to be 
distributed in accordance with the instruction provided in Senate 
Report 109–80: Provided further, That none of the funds may be 
used for tribal courts or tribal ordinance programs or any program 
that is not directly related to alcohol control, enforcement, preven-
tion, treatment, or sobriety: Provided further, That no more than 
15 percent may be used by any entity receiving funding for adminis-
trative overhead including indirect costs. 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters 
for personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, 
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7 
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, 
and for expenses necessary to carry out such Acts and titles II 
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health 
Service, $358,485,000, to remain available until expended: Provided, 
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health 
facilities for the benefit of an Indian tribe or tribes may be used 
to purchase land for sites to construct, improve, or enlarge health 
or related facilities: Provided further, That not to exceed $500,000 
shall be used by the Indian Health Service to purchase TRANSAM 
equipment from the Department of Defense for distribution to the 
Indian Health Service and tribal facilities: Provided further, That 
none of the funds appropriated to the Indian Health Service may 
be used for sanitation facilities construction for new homes funded 
with grants by the housing programs of the United States Depart-
ment of Housing and Urban Development: Provided further, That 
not to exceed $1,000,000 from this account and the ‘‘Indian Health 
Services’’ account shall be used by the Indian Health Service to 
obtain ambulances for the Indian Health Service and tribal facilities 
in conjunction with an existing interagency agreement between
H. R. 2361—43
the Indian Health Service and the General Services Administration: 
Provided further, That notwithstanding any other provision of law, 
the Indian Health Service is authorized to construct a replacement 
health care facility in Nome, Alaska, on land owned by the Norton 
Sound Health Corporation: Provided further, That not to exceed 
$500,000 shall be placed in a Demolition Fund, available until 
expended, to be used by the Indian Health Service for demolition 
of Federal buildings. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations in this Act to the Indian Health Service shall 
be available for services as authorized by 5 U.S.C. 3109 but at 
rates not to exceed the per diem rate equivalent to the maximum 
rate payable for senior-level positions under 5 U.S.C. 5376; hire 
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of 
modular buildings and renovation of existing facilities; payments 
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms 
or allowances therefor as authorized by 5 U.S.C. 5901–5902; and 
for expenses of attendance at meetings which are concerned with 
the functions or activities for which the appropriation is made 
or which will contribute to improved conduct, supervision, or 
management of those functions or activities. 
In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health 
care at all tribally administered or Indian Health Service facilities, 
subject to charges, and the proceeds along with funds recovered 
under the Federal Medical Care Recovery Act (42 U.S.C. 2651–
2653) shall be credited to the account of the facility providing 
the service and shall be available without fiscal year limitation. 
Notwithstanding any other law or regulation, funds transferred 
from the Department of Housing and Urban Development to the 
Indian Health Service shall be administered under Public Law 
86–121 (the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended. 
Funds appropriated to the Indian Health Service in this Act, 
except those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at curtailing 
Federal travel and transportation. 
None of the funds made available to the Indian Health Service 
in this Act shall be used for any assessments or charges by the 
Department of Health and Human Services unless identified in 
the budget justification and provided in this Act, or approved by 
the House and Senate Committees on Appropriations through the 
reprogramming process. Personnel ceilings may not be imposed 
on the Indian Health Service nor may any action be taken to 
reduce the full time equivalent level of the Indian Health Service 
below the level in fiscal year 2002 adjusted upward for the staffing 
of new and expanded facilities, funding provided for staffing at 
the Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
critical positions not filled in fiscal year 2002, and staffing necessary 
to carry out the intent of Congress with regard to program increases. 
Notwithstanding any other provision of law, funds previously 
or herein made available to a tribe or tribal organization through 
a contract, grant, or agreement authorized by title I or title V 
of the Indian Self-Determination and Education Assistance Act
H. R. 2361—44
of 1975 (25 U.S.C. 450), may be deobligated and reobligated to 
a self-determination contract under title I, or a self-governance 
agreement under title V of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation. 
None of the funds made available to the Indian Health Service 
in this Act shall be used to implement the final rule published 
in the Federal Register on September 16, 1987, by the Department 
of Health and Human Services, relating to the eligibility for the 
health care services of the Indian Health Service until the Indian 
Health Service has submitted a budget request reflecting the 
increased costs associated with the proposed final rule, and such 
request has been included in an appropriations Act and enacted 
into law. 
With respect to functions transferred by the Indian Health 
Service to tribes or tribal organizations, the Indian Health Service 
is authorized to provide goods and services to those entities, on 
a reimbursable basis, including payment in advance with subse-
quent adjustment. The reimbursements received therefrom, along 
with the funds received from those entities pursuant to the Indian 
Self-Determination Act, may be credited to the same or subsequent 
appropriation account which provided the funding. Such amounts 
shall remain available until expended. 
Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance. 
The appropriation structure for the Indian Health Service may 
not be altered without advance notification to the House and Senate 
Committees on Appropriations. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For necessary expenses for the National Institute of Environ-
mental Health Sciences in carrying out activities set forth in section 
311(a) of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, as amended, and section 126(g) 
of the Superfund Amendments and Reauthorization Act of 1986, 
$80,289,000. 
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY 
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH 
For necessary expenses for the Agency for Toxic Substances 
and Disease Registry (ATSDR) in carrying out activities set forth 
in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended; section 118(f) of the Superfund Amend-
ments and Reauthorization Act of 1986 (SARA), as amended; and 
section 3019 of the Solid Waste Disposal Act, as amended, 
$76,024,000, of which up to $1,500,000, to remain available until 
expended, is for Individual Learning Accounts for full-time equiva-
lent employees of the Agency for Toxic Substances and Disease 
Registry: Provided, That notwithstanding any other provision of 
law, in lieu of performing a health assessment under section
H. R. 2361—45
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct 
other appropriate health studies, evaluations, or activities, 
including, without limitation, biomedical testing, clinical evalua-
tions, medical monitoring, and referral to accredited health care 
providers: Provided further, That in performing any such health 
assessment or health study, evaluation, or activity, the Adminis-
trator of ATSDR shall not be bound by the deadlines in section 
104(i)(6)(A) of CERCLA: Provided further, That none of the funds 
appropriated under this heading shall be available for ATSDR 
to issue in excess of 40 toxicological profiles pursuant to section 
104(i) of CERCLA during fiscal year 2006, and existing profiles 
may be updated as necessary. 
OTHER RELATED AGENCIES 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental 
Quality pursuant to the National Environmental Policy Act of 1969, 
the Environmental Quality Improvement Act of 1970, and Reorga-
nization Plan No. 1 of 1977, and not to exceed $750 for official 
reception and representation expenses, $2,717,000: Provided, That 
notwithstanding section 202 of the National Environmental Policy 
Act of 1970, the Council shall consist of one member, appointed 
by the President, by and with the advice and consent of the Senate, 
serving as chairman and exercising all powers, functions, and duties 
of the Council. 
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire 
of passenger vehicles, uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 
3109 but at rates for individuals not to exceed the per diem equiva-
lent to the maximum rate payable for senior level positions under 
5 U.S.C. 5376, $9,200,000: Provided, That the Chemical Safety 
and Hazard Investigation Board (Board) shall have not more than 
three career Senior Executive Service positions: Provided further, 
That notwithstanding any other provision of law, the individual 
appointed to the position of Inspector General of the Environmental 
Protection Agency (EPA) shall, by virtue of such appointment, also 
hold the position of Inspector General of the Board: Provided fur-
ther, That notwithstanding any other provision of law, the Inspector 
General of the Board shall utilize personnel of the Office of Inspector 
General of EPA in performing the duties of the Inspector General 
of the Board, and shall not appoint any individuals to positions 
within the Board.