H. R. 2764—344 
authorized, in consultation with the Secretary 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 activi-
ties relating to HIV/AIDS and other infectious diseases, chronic 
and environmental diseases, and other health activities abroad. 
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision 
of law, the Director of the National Institutes of Health (in this 
section referred to as the ‘‘Director of NIH’’) may use funds available 
under section 402(b)(7) or 402(b)(12) of the Public Health Service 
Act to enter into transactions (other than contracts, cooperative 
agreements, or grants) to carry out research identified pursuant 
to such section 402(b)(7) (pertaining to the Common Fund) or 
research and activities described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director of the NIH 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. 
SEC. 216. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (‘‘CDC’’) and the Agency for Toxic Substances and Dis-
ease Registry (‘‘ATSDR’’) 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. 217. 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. 
SEC. 218. The Director of the National Institutes of Health 
shall require that all investigators funded by the NIH submit or 
have submitted for them to the National Library of Medicine’s 
PubMed Central an electronic version of their final, peer-reviewed 
manuscripts upon acceptance for publication, to be made publicly 
available no later than 12 months after the official date of publica-
tion: Provided, That the NIH shall implement the public access 
policy in a manner consistent with copyright law. 
SEC. 219. (a) The Secretary of Health and Human Services 
is authorized to award a grant to the Delta Health Alliance, a 
nonprofit alliance of academic institutions in the Mississippi Delta 
region that has as its primary purposes addressing longstanding, 
unmet health needs and catalyzing economic development in the 
Mississippi Delta. 
(b) To be eligible to receive a grant under subsection (a), the 
Delta Health Alliance shall solicit and fund proposals from local 
governments, hospitals, health care clinics, academic institutions, 
and rural public health-related entities and organizations for 
research development, educational programs, health care services,
H. R. 2764—345 
job training, and planning, construction, and equipment of public 
health-related facilities in the Mississippi Delta region. 
(c) With respect to the use of grant funds under this section 
for construction or major alteration of property, the Federal interest 
in the property involved shall last for a period of 1 year following 
the completion of the project or until such time that the Federal 
Government is compensated for its proportionate interest in the 
property if the property use changes or the property is transferred 
or sold, whichever time period is less. At the conclusion of such 
period, the Notice of Federal Interest in such property shall be 
removed. 
(d) There are authorized to be appropriated such sums as 
may be necessary to carry out this section in fiscal year 2008 
and in each of the five succeeding fiscal years. 
SEC. 220. Not to exceed $35,000,000 of funds appropriated 
by this Act to the institutes and centers of the National Institutes 
of Health may be used for alteration, repair, or improvement of 
facilities, as necessary for the proper and efficient conduct of the 
activities authorized herein, at not to exceed $2,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 221. Of the amounts made available in this Act for the 
National Institutes of Health, 1 percent of the amount made avail-
able for National Research Service Awards (NRSA) shall be made 
available to the Administrator of the Health Resources and Services 
Administration to make NRSA awards for research in primary 
medical care to individuals affiliated with entities who have received 
grants or contracts under section 747 of the Public Health Service 
Act, and 1 percent of the amount made available for NRSA shall 
be made available to the Director of the Agency for Healthcare 
Research and Quality to make NRSA awards for health service 
research. 
SEC. 222. None of the funds made available in this Act may 
be used— 
(1) for the Ombudsman Program of the Centers for Disease 
Control and Prevention; and 
(2) by the Centers for Disease Control and Prevention 
to provide additional rotating pastel lights, zero-gravity chairs, 
or dry-heat saunas for its fitness center. 
SEC. 223. There is hereby established in the Treasury of the 
United States a fund to be known as the ‘‘Nonrecurring expenses 
fund’’ (the Fund): Provided, That unobligated balances of expired 
discretionary funds appropriated for this or any succeeding fiscal 
year from the General Fund of the Treasury to the Department 
of Health and Human Services by this or any other Act may 
be transferred (not later than the end of the fifth fiscal year after 
the last fiscal year for which such funds are available for the 
purposes for which appropriated) into the Fund: Provided further, 
That amounts deposited in the Fund shall be available until 
expended, and in addition to such other funds as may be available 
for such purposes, for capital acquisition necessary for the operation 
of the Department, including facilities infrastructure and informa-
tion technology infrastructure, subject to approval by the Office 
of Management and Budget: Provided further, That amounts in 
the Fund may be obligated only after the Committees on Appropria-
tions of the House of Representatives and the Senate are notified 
at least 15 days in advance of the planned use of funds.
H. R. 2764—346 
(RESCISSION OF FUNDS) 
SEC. 224. Of the funds available within the Health Professions 
Student Loan program authorized in subpart II, Federally-Sup-
ported Student Loan Funds, of title VII of the Public Health Service 
Act, $15,000,000 are rescinded. 
SEC. 225. (a) CONTINUATION OF AVAILABILITY OF PERMITTED 
NUMBER OF MEDICAL RESIDENCY POSITIONS UNDER THE MEDICARE 
PROGRAM.—Section 1886(h)(4)(H) of the Social Security Act (42 
U.S.C. 1395ww(h)(4)(H)) is amended by adding at the end the 
following: 
‘‘(v) SPECIAL PROVIDER AGREEMENT.—If an entity 
enters into a provider agreement pursuant to section 
1866(a) to provide hospital services on the same phys-
ical site previously used by Medicare Provider No. 
05–0578— 
‘‘(I) the limitation on the number of total full 
time equivalent residents under subparagraph (F) 
and clauses (v) and (vi)(I) of subsection (d)(5)(B) 
applicable to such provider shall be equal to the 
limitation applicable under such provisions to Pro-
vider No. 05–0578 for its cost reporting period 
ending on June 30, 2006; and 
‘‘(II) the provisions of subparagraph (G) and 
subsection (d)(5)(B)(vi)(II) shall not be applicable 
to such provider for the first three cost reporting 
years in which such provider trains residents 
under any approved medical residency training 
program.’’. 
(b) TECHNICAL CORRECTION OF SECTION 422 OF MMA.— 
(1) IN GENERAL.—Section 1886(h)(7) of the Social Security 
Act (42 U.S.C. 1395ww(h)(7)) is amended— 
(A) by redesignating subparagraph (D) as subpara-
graph (E); and 
(B) by inserting after subparagraph (C) the following 
new subparagraph: 
‘‘(D) ADJUSTMENT BASED ON SETTLED COST REPORT.— 
In the case of a hospital with a dual accredited osteopathic 
and allopathic family practice program for which— 
‘‘(i) the otherwise applicable resident limit was 
reduced under subparagraph (A)(i)(I); and 
‘‘(ii) such reduction was based on a reference resi-
dent level that was determined using a cost report 
and where a revised or corrected notice of program 
reimbursement was issued for such cost report between 
September 1, 2006 and September 15, 2006, whether 
as a result of an appeal or otherwise, and the reference 
resident level under such settled cost report is higher 
than the level used for the reduction under subpara-
graph (A)(i)(I); 
the Secretary shall apply subparagraph (A)(i)(I) using the 
higher resident reference level and make any necessary 
adjustments to such reduction. Any such necessary adjust-
ments shall be effective for portions of cost reporting 
periods occurring on or after July 1, 2005.’’. 
(2) EFFECTIVE DATE.—Subject to paragraph (3), the amend-
ments made by paragraph (1) shall take effect as if included
H. R. 2764—347 
in the enactment of section 422 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public 
Law 108–173). 
(c) OFFSETTING COSTS.— 
(1) IN GENERAL.—The amount of funds available to the 
Physician Assistance and Quality Initiative Fund for expendi-
tures— 
(A) under the first sentence of section 1848(l)(2)(A) 
of the Social Security Act (42 U.S.C. 1395w–4(l)(2)(A)) is 
reduced by $500,000; and 
(B) under the first amount in the second sentence 
of such section is reduced by $24,500,000. 
(2) CONFORMING AMENDMENTS.—Section 1848(l)(2)(A) of the 
Social Security Act (42 U.S.C. 1395w–4(l)(2)(A)) is amended— 
(A) 
in 
the 
first 
sentence, 
by 
inserting 
after 
‘‘$1,350,000,000’’ the following: ‘‘, as reduced by section 
524 and section 225(c)(1)(A) of the Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2008 (division G of the 
Consolidated Appropriations Act, 2008)’’; and 
(B) in the second sentence, by inserting after 
‘‘$325,000,000’’ the following: ‘‘, as reduced by section 
225(c)(1)(B) of such Act,’’. 
This title may be cited as the ‘‘Department of Health and 
Human Services Appropriations Act, 2008’’. 
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, $15,755,083,000, of which $7,639,035,000 shall 
become available on July 1, 2008, and shall remain available 
through September 30, 2009, and of which $7,934,756,000 shall 
become available on October 1, 2008, and shall remain available 
through September 30, 2009, for academic year 2008–2009: Pro-
vided, That $6,835,271,000 shall be for basic grants under section 
1124: Provided further, That up to $4,000,000 of these funds shall 
be available to the Secretary of Education on October 1, 2007, 
to obtain annually updated local educational-agency-level census 
poverty data from the Bureau of the Census: Provided further, 
That $1,365,031,000 shall be for concentration grants under section 
1124A: Provided further, That $2,967,949,000 shall be for targeted 
grants under section 1125: Provided further, That $2,967,949,000 
shall be for education finance incentive grants under section 1125A: 
Provided further, That $9,330,000 shall be to carry out sections 
1501 and 1503: Provided further, That $1,634,000 shall be available 
for a comprehensive school reform clearinghouse. 
IMPACT AID 
For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,262,778,000, of which 
$1,125,192,000 shall be for basic support payments under section