123STA T .78 3 PUBLIC LA W 111 – 8 —M A R .11 , 2 0 0 9SEC.218 . Not to exc ee d$35,0 00,000 o f f un d sap p r opr i ated by t h is A ct to the institutes and centers of the Nationa lI nstitutes of H ealth m ay be used for alteration, repair, or impro v ement of facilities, as necessary for the proper and efficient conduct of the activities authori z ed herein, at not to exceed $2,500,000 per pro j ect. (TRANSF ER O FF U N D S ) SEC. 21 9 . O f the amounts made available for the National Institutes of Health, 1 percent of the amount made available for National R esearch Service A w ards (‘ ‘NRSA ’ ’ ) shall be made avail - able to the Administrator of the Health Resources and Services Administration to ma k e NRSA awards for research in primary medical care to individuals affiliated with entities who have received g rants or contracts under section 74 7ofthe P ublic Health Service Act, and 1 percent of the amount made available for NRSA shall be made available to the D irector of the Agency for Healthcare Research and Q uality to make NRSA awards for health service research. SEC. 220. Section 223 of division G of the C onsolidated Appro- priations Act, 2008, is amended in its first proviso by striking ‘‘for’’ the first time it appears and inserting ‘‘in’’. SEC. 221. (a) IN GENERA L . — Section 1927(c)(1)(D) of the Social Security Act (42 U .S.C. § 139 6 r – 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 (I V ) as subclause (VI)
and ( B ) by inserting after subclause (III) the following
‘‘(IV) An entity that— ‘‘(aa) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Act or is State-owned or operated; and ‘‘(bb) would be a covered entity 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 populations as a covered entity described 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 purpose is to provide health care services to students of that institution, that provides a service or services described 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 CONSTRUCT I ON.—Nothing in this subparagraph shall be construed to alter any existing statutory or regulatory prohibition on services with respect to an entity described in clause (i)(IV), including the prohibition set forth in section 1008 of the Public Health Service Act.’’. (b) E FFECTI V E DATE.— T he amendments made by this sub- section shall take effect as if included in the amendment made by section 6001(d)(2) of the Deficit Reduction Act of 2005. 42USC1396r–8note. 42 USC 1396r–8. 42USC3 5 14 a .
