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scientific experts) as the Director determines to be appro-
priate 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 pro-
cedures 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 Dis-
ease Control and Prevention (‘‘CDC’’) and the Agency for 
Toxic Substances and Disease Registry (‘‘ATSDR’’) may 
be transferred to ‘‘Disease Control, Research, and Train-
ing’’, to be available only for Individual Learning Ac-
counts: Provided, That such funds may be used for any 
individual full-time equivalent employee while such em-
ployee 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 con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408. 
SEC. 217. The Director of the National Institutes of 
Health (‘‘NIH’’) shall require in the current fiscal year 
and thereafter 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 
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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. 218. Not to exceed $35,000,000 of funds appro-
priated 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. 219. Of the amounts made available for the Na-
tional Institutes of Health, 1 percent of the amount made 
available 
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. 220. Section 223 of division G of the Consoli-
dated Appropriations Act, 2008, is amended in its first 
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proviso by striking ‘‘for’’ the first time it appears and in-
serting ‘‘in’’. 
SEC. 221. (a) IN GENERAL.—Section 1927(c)(1)(D) 
of the Social Security Act (42 U.S.C. § 1396r–8(c)(1)(D)), 
as added by section 6001(d)(2) of the Deficit Reduction 
Act of 2005, is amended— 
(1) in clause (i)— 
(A) by redesignating subclause (IV) as sub-
clause (VI); and 
(B) by inserting after subclause (III) the fol-
lowing: 
‘‘(IV) An entity that— 
‘‘(aa) is described in section 
501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt 
from tax under section 501(a) of 
such Act or is State-owned or op-
erated; and 
‘‘(bb) would be a covered en-
tity 
described 
in 
section 
340(B)(a)(4) 
of 
the 
Public 
Health Service Act insofar as the 
entity provides the same type of 
services to the same type of pop-
ulations as a covered entity de-
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scribed in such section provides, 
but does not receive funding 
under a provision of law referred 
to in such section; 
‘‘(V) A public or nonprofit entity, 
or an entity based at an institution of 
higher learning whose primary pur-
pose is to provide health care services 
to students of that institution, that 
provides a service or services de-
scribed under section 1001(a) of the 
Public Health Service Act, 42 U.S.C. 
300.’’. 
(2) by adding at the end the following new 
clause: 
‘‘(iv) RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to alter any existing statutory or 
regulatory prohibition on services with re-
spect to an entity described in clause 
(i)(IV), including the prohibition set forth 
in section 1008 of the Public Health Serv-
ice Act.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this subsection shall take effect as if included in the 
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