H. R. 3288—223 
and submission of a report by the Secretary of Health and Human 
Services to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the planned uses of such 
funds. 
SEC. 205. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary of Health and Human 
Services shall determine, but not more than 2.5 percent, of any 
amounts appropriated for programs authorized under such 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. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) 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 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 this Act: Provided further, That the Committees on Appropria-
tions of the House of Representatives and the Senate are notified 
at least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 207. 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 Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in 
advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 208. 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 Office’’ 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. 209. 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 of Health and Human Services 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. 210. 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
H. R. 3288—224 
reporting of child abuse, child molestation, sexual abuse, rape, 
or incest. 
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 Advantage program if the Secretary of Health and 
Human Services denies participation in such program to an other-
wise 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 Advantage organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services. 
SEC. 212. (a) Except as provided by subsection (e) none of 
the funds appropriated for fiscal year 2010 or any subsequent 
fiscal year by this or any subsequent appropriations Act may be 
used to withhold substance abuse funding from a State pursuant 
to section 1926 of the Public Health Service Act (‘‘PHS Act’’) if 
such State certifies to the Secretary of Health and Human Services 
by May 1 of the fiscal year for which the funds are appropriated, 
that the State will commit additional State funds, in accordance 
with subsection (b), to ensure compliance with State laws prohib-
iting 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 under section 1926 of such Act. 
(c) The State is to maintain State expenditures in such fiscal 
year 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 the preceding fiscal year, 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 State obligations of funds for such fiscal 
year and all State expenditures for the preceding fiscal year for 
tobacco prevention and compliance activities by program activity 
by July 31 of such fiscal year. 
(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 of such fiscal year. 
(e) None of the funds appropriated by this or any subsequent 
appropriations Act may be used to withhold substance abuse 
funding pursuant to section 1926 of the PHS Act from a territory 
that receives less than $1,000,000. 
SEC. 213. In order for the Department of Health and Human 
Services to carry out international health activities, including HIV/ 
AIDS and other infectious disease, chronic and environmental dis-
ease, and other health activities abroad during fiscal year 2010: 
(1) The Secretary of Health and Human Services may 
exercise authority equivalent to that available to the Secretary
H. R. 3288—225 
of State in section 2(c) of the State Department Basic Authori-
ties Act of 1956. 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 and other applicable statutes 
administered by the Department of State. 
(2) The Secretary of Health and Human Services is author-
ized 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 Secretary of Health 
and Human Services to ensure that the Department of Health 
and Human Services has secure, safe, functional facilities that 
comply with applicable regulation governing location, setback, 
and other facilities requirements and serve the purposes estab-
lished by this Act. The Secretary of Health and Human Services 
is 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 partici-
pating foreign countries, funds to acquire, lease, alter, or ren-
ovate facilities in those countries as necessary to conduct pro-
grams 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. 
(3) The Secretary of Health and Human Services is author-
ized to provide to personnel appointed or assigned by the Sec-
retary to serve abroad, allowances and benefits similar to those 
provided under chapter 9 of title I of the Foreign Service 
Act of 1980, and 22 U.S.C. 4081 through 4086 and subject 
to such regulations prescribed by the Secretary. The Secretary 
is further authorized to provide locality-based comparability 
payments (stated as a percentage) up to the amount of the 
locality-based comparability payment (stated as a percentage) 
that would be payable to such personnel under section 5304 
of title 5, United States Code if such personnel’s official duty 
station were in the District of Columbia. Leaves of absence 
for personnel under this subsection shall be on the same basis 
as that provided under subchapter I of chapter 63 of title 
5, United States Code, or section 903 of the Foreign Service 
Act of 1980, to individuals serving in the Foreign Service. 
SEC. 214. (a) AUTHORITY.—Notwithstanding any other provision 
of law, the Director of the National Institutes of Health (‘‘Director’’) 
may use funds available under section 402(b)(7) or 402(b)(12) of 
the Public Health Service Act (‘‘PHS Act’’) to enter into transactions 
(other than contracts, cooperative agreements, or grants) to carry 
out research identified pursuant to such section 402(b)(7) (per-
taining 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 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
H. R. 3288—226 
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 
PHS Act. 
SEC. 215. 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. 216. 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. 217. 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. 218. Of the amounts made available for the National 
Institutes of Health, 1 percent of the amount made available for 
National Research Service Awards (‘‘NRSA’’) shall be made avail-
able 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. 219. By May 1, 2010, the Secretary of the Department 
of Health and Human Services shall amend regulations at 42 CFR 
Part 50 Subpart F for the purpose of strengthening Federal and 
institutional oversight and identifying enhancements, including 
requirements for financial disclosure to institutions, governing 
financial conflicts of interest among extramural investigators 
receiving grant support from the National Institutes of Health. 
This title may be cited as the ‘‘Department of Health and 
Human Services Appropriations Act, 2010’’. 
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, $15,914,666,000, of which $4,954,510,000 shall 
become available on July 1, 2010, and shall remain available 
through September 30, 2011, and of which $10,841,176,000 shall 
become available on October 1, 2010, and shall remain available