805 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
For expenses necessary for the Office of the National 
Coordinator for Health Information Technology, including 
grants, contracts and cooperative agreements for the devel-
opment and advancement of an interoperable national 
health information technology infrastructure, $42,402,000: 
Provided, That in addition to amounts provided herein, 
$18,900,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry 
out health information technology network development. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector Gen-
eral, including the hire of passenger motor vehicles for in-
vestigations, in carrying out the provisions of the Inspector 
General Act of 1978, $44,000,000: Provided, That of such 
amount, necessary sums are available for providing protec-
tive services to the Secretary and investigating non-pay-
ment of child support cases for which non-payment is a 
Federal offense under 18 U.S.C. 228. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, 
$31,628,000, together with not to exceed $3,281,000 to be 
transferred and expended as authorized by section 201(g)(1) 
of the Social Security Act from the Hospital Insurance
806 
Trust Fund and the Supplemental Medical Insurance Trust 
Fund. 
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 Pro-
tection Plan and Survivor Benefit Plan, for medical care 
of dependents and retired personnel under the Dependents’ 
Medical Care Act (10 U.S.C. chapter 55), such amounts as 
may be required during the current fiscal year. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 
For expenses necessary to support activities related to 
countering potential biological, disease, nuclear, radio-
logical and chemical threats to civilian populations, and 
for other public health emergencies, $666,087,000, of which 
not to exceed $21,804,000, to remain available until Sep-
tember 30, 2009, is to pay the costs described in section 
319F–2(c)(7)(B) of the Public Health Service Act, and of 
which $103,921,000 shall be used to support advanced re-
search and development of medical countermeasures, con-
sistent with section 319L of the Public Health Service Act. 
For expenses necessary to prepare for and respond to 
an influenza pandemic, $76,139,000.
807 
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 
assignment 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 Emergency 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
808 
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 re-
port by the Secretary of Health and Human Services to 
the Committees on Appropriations of the House of Rep-
resentatives 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 au-
thorized under such Act shall be made available for the eval-
uation (directly, or by grants or contracts) of the implemen-
tation 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 emer-
gency needs and shall not be used to create any new pro-
809 
gram or to fund any project or activity for which no funds 
are provided in this Act: Provided further, That the Com-
mittees 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. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes and 
centers from the total amounts identified by these two Di-
rectors as funding for research pertaining to the human im-
munodeficiency virus: Provided, 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 re-
search 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.
810 
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 plan-
ning 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 provider 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 molesta-
tion, 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 participa-
tion in such program to an otherwise eligible entity (includ-
ing a Provider Sponsored Organization) because the entity 
informs the Secretary that it will not provide, pay for, pro-
vide coverage of, or provide referrals for abortions: Pro-
vided, That the Secretary shall make appropriate prospec-
tive adjustments to the capitation payment to such an enti-
ty (based on an actuarially sound estimate of the expected 
costs of providing the service to such entity’s enrollees): Pro-
811 
vided further, That nothing in this section shall be con-
strued 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 substance 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 sub-
section (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 per-
centage point by which the State misses the retailer compli-
ance 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 fis-
cal year 2008 for tobacco prevention programs and for com-
pliance activities at a level that is not less than the level
812 
of such expenditures maintained by the State for fiscal year 
2007, and adding to that level the additional funds for to-
bacco 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 obli-
gations for tobacco prevention and compliance activities by 
program 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 terri-
tory 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 Serv-
ices (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
813 
(22 U.S.C. 2669(c)). The Secretary of HHS shall con-
sult 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 sec-
tion 207 of the Foreign Service Act of 1980 (22 
U.S.C. 3927) and other applicable statutes adminis-
tered by the Department of State. 
(2) The Secretary of HHS is authorized to pro-
vide 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 HHS to ensure that the 
Department of Health and Human Services has se-
cure, safe, functional facilities that comply with ap-
plicable regulation governing location, setback, and 
other facilities requirements and serve the purposes 
established by this Act. The Secretary of HHS is au-
thorized, 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
814 
countries as necessary to conduct programs of assist-
ance for international health activities, including ac-
tivities 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 Insti-
tutes 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 re-
search and activities described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions 
under subsection (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 trans-
actions in lieu of the peer review and advisory council re-
view procedures that would otherwise be required under sec-
tions 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the Public Health Service Act.
815 
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 Disease Registry (‘‘ATSDR)’’ may be 
transferred to ‘‘Disease Control, Research, and Training’’, 
to be available only for Individual Learning Accounts: Pro-
vided, 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 con-
tinue operating the Council on Graduate Medical Edu-
cation 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 publication: 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
816 
the Mississippi Delta region that has as its primary pur-
poses 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 pro-
posals from local governments, hospitals, health care clinics, 
academic institutions, and rural public health-related enti-
ties and organizations for research development, edu-
cational programs, health care services, job training, and 
planning, construction, and equipment of public health-re-
lated 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 com-
pensated 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.
817 
SEC. 220. Not to exceed $35,000,000 of funds appro-
priated by this Act to the institutes and centers of the Na-
tional Institutes of Health may be used for alteration, re-
pair, or improvement of facilities, as necessary for the prop-
er 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 available for National Research Service 
Awards (NRSA) shall be made available to the Adminis-
trator of the Health Resources and Services Administration 
to make NRSA awards for research in primary medical 
care to individuals affiliated with entities who have re-
ceived 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 Pre-
vention to provide additional rotating pastel lights,
818 
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 ‘‘Non-
recurring expenses fund’’ (the Fund): Provided, That unob-
ligated balances of expired discretionary funds appro-
priated for this or any succeeding fiscal year from the Gen-
eral Fund of the Treasury to the Department of Health and 
Human Services by this or any other Act may be trans-
ferred (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: Pro-
vided 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 information tech-
nology 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 Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of the 
planned use of funds. 
(RESCISSION OF FUNDS) 
SEC. 224. Of the funds available within the Health 
Professions Student Loan program authorized in subpart
819 
II, Federally-Supported 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. 
Section 
1395ww(h)(4)(H)) is amended by adding at the end the fol-
lowing: 
‘‘(v) 
SPECIAL
PROVIDER
AGREE-
MENT.—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 Pro-
vider 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 Provider No. 
05–0578 for its cost reporting period 
ending on June 30, 2006; and 
‘‘(II) the provisions of subpara-
graph 
(G) 
and 
subsection
820 
(d)(5)(B)(vi)(II) shall not be applica-
ble to such provider for the first three 
cost reporting years in which such pro-
vider trains residents under any ap-
proved medical residency training pro-
gram.’’. 
(b) TECHNICAL CORRECTION
OF SECTION 422 OF 
MMA.— 
(1) IN GENERAL.—Section 1886(h)(7) of the So-
cial Security Act (42 U.S.C. 1395ww(h)(7)) is 
amended— 
(A) by redesignating subparagraph (D) as 
subparagraph (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 fam-
ily 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 resident level that was determined 
using a cost report and where a revised or
821 
corrected notice of program reimbursement 
was issued for such cost report between Sep-
tember 1, 2006 and September 15, 2006, 
whether as a result of an appeal or other-
wise, 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 reduc-
tion. Any such necessary adjustments shall be ef-
fective for portions of cost reporting periods oc-
curring on or after July 1, 2005.’’. 
(2) EFFECTIVE DATE.—Subject to paragraph (3), 
the amendments made by paragraph (1) shall take ef-
fect as if included 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 avail-
able to the Physician Assistance and Quality Initia-
tive Fund for expenditures— 
(A) under the first sentence of section 
1848(l)(2)(A) of the Social Security Act (42
822 
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 De-
partments of Labor, Health and Human Serv-
ices, and Education, and Related Agencies Ap-
propriations Act, 2008 (division G of the Con-
solidated 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 Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and section 418A
823 
of the Higher Education 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 edu-
cational-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 re-
form clearinghouse. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965, 
$1,262,778,000, of which $1,125,192,000 shall be for basic