H. R. 4818—328
shall be available for activities regarding medication management,
screening, and education to prevent incorrect medication and
adverse drug reactions; and of which $4,558,000 shall remain avail-
able until September 30, 2007, for the White House Conference
on Aging.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, XX, and XXI of the Public Health
Service Act, and the United States-Mexico Border Health Commis-
sion Act, $371,975,000, together with $55,851,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Secu-
rity Act from the Hospital Insurance Trust Fund and the Supple-
mental Medical Insurance Trust Fund: Provided, That of the funds
made available under this heading for carrying out title XX of
the Public Health Service Act, $13,120,000 shall be for activities
specified under section 2003(b)(2), all of which shall be for preven-
tion service demonstration grants under section 510(b)(2) of title
V of the Social Security Act, as amended, without application of
the limitation of section 2010(c) of said title XX: Provided further,
That of this amount, $52,838,000 shall be for minority AIDS preven-
tion and treatment activities; $14,847,000 shall be for an Informa-
tion Technology Security and Innovation Fund for Department-
wide activities involving cybersecurity, information technology secu-
rity, and related innovation projects; and $6,000,000 shall be to
assist Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the Afghanistan
Freedom Support Act of 2002: Provided further, That no more
than $2,754,000 shall be available for the Office of the Assistant
Secretary for Legislation: Provided further, That $50,000,000 shall
be transferred to the Social Security Administration for processing
Medicare appeals: Provided further, That specific information
requests from the chairmen and ranking members of the Sub-
committees on Labor, Health and Human Services, and Education,
and Related Agencies, on scientific research or any other matter,
shall be transmitted to the Committees on Appropriations in a
prompt professional manner and within the time frame specified
in the request: Provided further, That scientific information
requested by the Committees on Appropriations and prepared by
government researchers and scientists shall be transmitted to the
Committees on Appropriations, uncensored and without delay.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, as amended, $40,323,000: Provided, That of such amount,
necessary sums are available for providing protective services to
the Secretary and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228.
H. R. 4818—329
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$32,043,000, together with not to exceed $3,314,000 to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title
III of the Public Health Service Act, $20,750,000, which shall be
available from amounts available under section 241 of the Public
Health Service Act to carry out national health or human services
research and evaluation activities: Provided, That the expenditure
of any funds available under section 241 of the Public Health
Service Act are subject to the requirements of section 206 of this
Act.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Sur-
vivor Benefit Plan, for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C. chap-
ters 55 and 56), such amounts as may be required during the
current fiscal year. The following are definitions for the medical
benefits of the Public Health Service Commissioned Officers that
apply to 10 U.S.C. chapter 56, section 1116(c). The source of funds
for the monthly accrual payments into the Department of Defense
Medicare-Eligible Retiree Health Care Fund shall be the Retirement
Pay and Medical Benefits for Commissioned Officers account. For
purposes of this Act, the term ‘‘pay of members’’ shall be construed
to be synonymous with retirement payments to United States Public
Health Service officers who are retired for age, disability, or length
of service; payments to survivors of deceased officers; medical care
to active duty and retired members and dependents and bene-
ficiaries; all of which payments are provided for by the Retirement
Pay and Medical Benefits for Commissioned Officers account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to coun-
tering potential biological, disease, nuclear, radiological and chem-
ical threats to civilian populations, $2,208,287,000: Provided, That
this amount is distributed as follows: Centers for Disease Control
and 
Prevention, 
$1,173,300,000; 
Office 
of 
the 
Secretary,
$64,438,000; Strategic National Stockpile, $400,000,000, to remain
available until expended; National Institutes of Health, $47,400,000;
and Health Resources and Services Administration, $523,149,000:
Provided further, That employees of the Centers for Disease Control
and Prevention or the Public Health Service, both civilian and
Commissioned Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public Health
Service Act for purposes related to homeland security, shall be
treated as non-Federal employees for reporting purposes only and
H. R. 4818—330
shall not be included within any personnel ceiling applicable to
the Agency, Service, or the Department of Health and Human
Services during the period of detail or assignment.
In addition, for activities to ensure a year-round influenza
vaccine production capacity; the development and implementation
of rapidly expandable influenza vaccine production technologies;
and if determined necessary by the Secretary, the purchase of
influenza vaccine, $100,000,000, to remain available until expended.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through 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 under this Act may
be used to implement section 399F(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health 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
H. R. 4818—331
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 Appropriations
Committees of both Houses of Congress are notified at least 15
days in advance of any transfer.
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 210. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare+Choice program if the Secretary denies participation
in such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary
that it will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the
expected costs of providing the service to such entity’s enrollees):
Provided further, That nothing in this section shall be construed
to change the Medicare program’s coverage for such services and
a Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
SEC. 212. Notwithstanding any other provision of law, no 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. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101–167)
is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999,
2000, 2001, 2002, 2003, 2004, and 2005’’ and inserting
‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,
and 2006’’;
(B) in subsection (e), by striking ‘‘October 1, 2004’’
each place it appears and inserting ‘‘October 1, 2005’’;
and
(C) in subsection (b)(1)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(iii) by adding at the end the following: