H. R. 3043—31 
Act, and of which $149,250,000 shall be used to support advanced 
research and development of medical countermeasures, consistent 
with section 319L of the Public Health Service Act. 
For expenses necessary to prepare for and respond to an 
influenza pandemic, $763,923,000, of which $685,832,000 shall be 
available until expended, for activities including the development 
and purchase of vaccine, antivirals, necessary medical supplies, 
diagnostics, and other surveillance tools: Provided, That products 
purchased with these funds may, at the discretion of the Secretary, 
be deposited in the Strategic National Stockpile: Provided further, 
That notwithstanding section 496(b) of the Public Health Service 
Act, funds may be used for the construction or renovation of pri-
vately owned facilities for the production of pandemic influenza 
vaccines and other biologicals, where the Secretary finds such a 
contract necessary to secure sufficient supplies of such vaccines 
or biologicals: Provided further, That funds appropriated herein 
may be transferred to other appropriation accounts of the Depart-
ment of Health and Human Services, as determined by the Sec-
retary to be appropriate, to be used for the purposes specified 
in this sentence. 
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 of Health 
and Human Services. 
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 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. 204. 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. 205. 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 preparation 
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. 206. 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 2.4 percent, of any 
amounts appropriated for programs authorized under such Act shall
H. R. 3043—32 
be made available for the evaluation (directly, or by grants or 
contracts) of the implementation and effectiveness of such programs. 
(TRANSFER OF FUNDS) 
SEC. 207. 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. 208. 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. 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. 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. 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 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,
H. R. 3043—33 
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. 213. (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, 2008, that the State will commit additional State funds, in 
accordance with subsection (b), to ensure compliance with State 
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 
2008 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 2007, 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 2007 State expenditures and all fiscal year 2008 
obligations for tobacco prevention and compliance activities by pro-
gram activity by July 31, 2008. 
(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, 2008. 
(e) None of the funds appropriated by this Act may be used 
to withhold substance abuse funding pursuant to section 1926 of 
the Public Health Service Act from a territory that receives less 
than $1,000,000. 
SEC. 214. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including 
HIV/AIDS and other infectious disease, chronic and environmental 
disease, and other health activities abroad during fiscal year 2008: 
(1) The Secretary of Health and Human Services (in this 
section referred to as the ‘‘Secretary of HHS’’) 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 HHS 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. 
(2) The Secretary of HHS is authorized to provide such 
funds by advance or reimbursement to the Secretary of State
H. R. 3043—34 
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 HHS to ensure that the Department 
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 HHS 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 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 (42 U.S.C. 282(b)(7), 282(b)(12)) 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 (42 U.S.C. 241(a)(3), 284(b)(1)(B), 
284(b)(2), 284a(a)(3)(A), 289a, and 289c). 
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.