1024 
•AMDT. NO. 4805 
immunodeficiency 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. 208. 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 Insti-
tutes 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 nec-
essary 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 de-
cision 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 provider of services under title X of the Public 
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•AMDT. NO. 4805 
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. 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 participa-
tion in such program to an otherwise eligible entity (in-
cluding 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 pro-
spective adjustments to the capitation payment to such an 
entity (based on an actuarially sound estimate of the ex-
pected costs of providing the service to such entity’s enroll-
ees): 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. In order for the Department of Health and 
Human Services to carry out international health activi-
ties, including HIV/AIDS and other infectious disease, 
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•AMDT. NO. 4805 
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2011: 
(1) The Secretary of Health and Human Serv-
ices may exercise authority equivalent to that avail-
able to the Secretary of State in section 2(c) of the 
State Department Basic Authorities 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 pro-
vided in this section is exercised in a manner con-
sistent 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 Serv-
ices is authorized 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 De-
partment of Health and Human Services. The De-
partment of State shall cooperate fully with the Sec-
retary 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, 
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•AMDT. NO. 4805 
and other facilities requirements and serve the pur-
poses established by this Act. The Secretary of 
Health and Human Services is authorized, in con-
sultation with the Secretary of State, through grant 
or cooperative agreement, to make available to pub-
lic 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 activities re-
lating to HIV/AIDS and other infectious diseases, 
chronic and environmental diseases, and other health 
activities abroad. 
(3) The Secretary of Health and Human Serv-
ices is authorized to provide to personnel appointed 
or assigned by the Secretary to serve abroad, allow-
ances 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 sub-
ject to such regulations prescribed by the Secretary. 
The Secretary is further authorized to provide local-
ity-based comparability payments (stated as a per-
centage) up to the amount of the locality-based com-
parability payment (stated as a percentage) that 
would be payable to such personnel under section 
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•AMDT. NO. 4805 
5304 of title 5, United States Code if such person-
nel’s official duty station were in the District of Co-
lumbia. Leaves of absence for personnel under this 
subsection shall be on the same basis as that pro-
vided 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. 213. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes 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 trans-
actions (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 may utilize such peer 
review procedures (including consultation with appropriate 
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 
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