160 
SEC. 507. PREVENTIVE HEALTH SERVICES FOR WOMEN. 
Section 1509 of the Public Health Service Act (42 
U.S.C. 300n–4a) is amended to read as follows: 
‘‘SEC. 1509. ESTABLISHMENT OF PROGRAM FOR ADDI-
TIONAL PREVENTIVE HEALTH SERVICES. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Director of the Centers for Disease Control and Pre-
vention, may, through a competitive review process, award 
grants to States that have received grants under section 
1501 for a fiscal year, to enable such State to carry out 
programs— 
‘‘(1) to provide preventive health services, in ad-
dition to the services authorized in such section 
1501, for diseases such as cardiovascular diseases, 
osteoporosis, and obesity; 
‘‘(2) to provide screenings, such as screening 
for blood pressure, cholesterol, and osteoporosis, and 
other services that the Secretary, acting through the 
Director of the Centers for Disease Control and Pre-
vention, determines to be appropriate and feasible; 
‘‘(3) for health education, counseling, and inter-
ventions for behavioral risk factors, such as physical 
inactivity and poor nutrition, and diseases referred 
to in paragraph (1); 
‘‘(4) to provide appropriate referrals for medical 
treatment of women receiving services pursuant to 
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paragraph (1) through (3), and ensuring, to the ex-
tent practicable, the provision of appropriate follow- 
up services; and 
‘‘(5) to evaluate the activities conducted under 
paragraphs (1) through (4) through appropriate sur-
veillance, research, or program monitoring activities. 
‘‘(b) STATUS AS PARTICIPANT IN PROGRAM REGARD-
ING BREAST
AND CERVICAL CANCER.—The Secretary 
may not make a grant to a State under subsection (a) 
unless the State involved agrees that services under the 
grant will be provided in conjunction with entities that are 
screening women for breast or cervical cancer pursuant 
to a grant under section 1501. 
‘‘(c) APPLICABILITY
OF PROVISIONS.—The provi-
sions of this title shall apply to a grant under subsection 
(a) to the same extent and in the same manner as such 
provisions apply to a grant under section 1501. 
‘‘(d) FUNDING.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated such sums as may be necessary to 
carry out this section for fiscal year 2008 and for 
each subsequent fiscal year. 
‘‘(2) LIMITATION REGARDING FUNDING WITH 
RESPECT TO BREAST AND CERVICAL CANCER.—No 
additional resources shall be appropriated for a fis-
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cal year under paragraph (1) unless the amount ap-
propriated under section 1510(a) for such fiscal year 
is at least $173,920,000.’’. 
SEC. 508. PROMOTING CESSATION OF TOBACCO USE BY 
PREGNANT WOMEN UNDER THE MEDICAID 
PROGRAM. 
(a) REQUIRING COVERAGE
OF COUNSELING
AND 
PHARMACOTHERAPY FOR CESSATION OF TOBACCO USE 
BY PREGNANT WOMEN.—Section 1905 of the Social Secu-
rity Act (42 U.S.C. 1396d(a)(4)) is amended— 
(1) in subsection (a)(4)— 
(A) by striking ‘‘and’’ before ‘‘(C)’’; and 
(B) by inserting before the semicolon at 
the end the following new subparagraph: ‘‘; and 
(D) counseling and pharmacotherapy for ces-
sation of tobacco use by pregnant women (as 
defined in subsection (y))’’; and 
(2) by adding at the end the following: 
‘‘(y)(1) For purposes of this title, the term ‘coun-
seling and pharmacotherapy for cessation of tobacco use 
by pregnant women’ means diagnostic, therapy, and coun-
seling services and pharmacotherapy (including the cov-
erage of prescription and nonprescription tobacco ces-
sation agents approved by the Food and Drug Administra-
tion) for cessation of tobacco use by pregnant women who 
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use tobacco products or who are being treated for tobacco 
use that is furnished— 
‘‘(A) by or under the supervision of a physician; 
or 
‘‘(B) by any other health care professional 
who— 
‘‘(i) is legally authorized to furnish such 
services under State law (or the State regu-
latory mechanism provided by State law) of the 
State in which the services are furnished; and 
‘‘(ii) is authorized to receive payment for 
other services under this title or is designated 
by the Secretary for this purpose. 
‘‘(2) Subject to paragraph (3), such term is limited 
to— 
‘‘(A) services recommended with respect to 
pregnant women in ‘Treating Tobacco Use and De-
pendence: A Clinical Practice Guideline’, published 
by the Public Health Service in June 2000, or any 
subsequent modification of such Guideline; and 
‘‘(B) such other services that the Secretary rec-
ognizes to be effective for cessation of tobacco use 
by pregnant women. 
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‘‘(3) Such term shall not include coverage for drugs 
or biologicals that are not otherwise covered under this 
title.’’. 
(b) EXCEPTION
FROM
OPTIONAL
RESTRICTION 
UNDER MEDICAID PRESCRIPTION DRUG COVERAGE.— 
Section 1927(d)(2) of the Social Security Act (42 U.S.C. 
1396r–8(d)(2)) is amended— 
(1) in subparagraph (E), by inserting before the 
period at the end the following: ‘‘, except in the case 
of pregnant women when recommended in accord-
ance with the Guideline referred to in section 
1905(y)(2)(A)’’; and 
(2) in subparagraph (G), by inserting before the 
period at the end the following: ‘‘, except, in the case 
of pregnant women when recommended in accord-
ance with the Guideline referred to in section 
1905(y)(2)(A), agents approved by the Food and 
Drug Administration for purposes of promoting, and 
when used to promote, tobacco cessation’’. 
(c) REMOVAL OF COST-SHARING FOR COUNSELING 
AND PHARMACOTHERAPY FOR CESSATION OF TOBACCO 
USE BY PREGNANT WOMEN.— 
(1) GENERAL COST SHARING LIMITATIONS.— 
Section 1916 of the Social Security Act (42 U.S.C. 
1396o) is amended in each of subsections (a)(2)(B) 
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and (b)(2)(B) by inserting ‘‘, and counseling and 
pharmacotherapy for cessation of tobacco use by 
pregnant women (as defined in section 1905(y)) and 
covered outpatient drugs (as defined in subsection 
(k)(2) of section 1927 and including nonprescription 
drugs described in subsection (d)(2) of such section) 
that are prescribed for purposes of promoting, and 
when used to promote, tobacco cessation by preg-
nant women in accordance with the Guideline re-
ferred to in section 1905(y)(2)(A)’’ after ‘‘com-
plicate the pregnancy’’. 
(2) APPLICATION TO ALTERNATIVE COST SHAR-
ING.—Section 1916A(b)(3)(B)(iii) of such Act (42 
U.S.C. 1396o–1(b)(3)(B)(iii)) is amended by insert-
ing ‘‘, and counseling and pharmacotherapy for ces-
sation of tobacco use by pregnant women (as defined 
in section 1905(y))’’ after ‘‘complicate the preg-
nancy’’. 
(d) INCREASED FMAP FOR TOBACCO CESSATION 
COUNSELING SERVICES AND MEDICATIONS.—The first 
sentence of section 1905(b) of the Social Security Act (42 
U.S.C. 1396d(b)) is amended by inserting the following 
before the period: ‘‘, and medical assistance provided for 
counseling and pharmacotherapy for cessation of tobacco 
use by pregnant women (as defined in subsection (y)) and 
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for covered outpatient drugs (as defined in subsection 
(k)(2) of section 1927 and including nonprescription 
drugs described in subsection (d)(2) of such section) that 
are prescribed for purposes of promoting, and when used 
to promote, tobacco cessation by pregnant women in ac-
cordance with the Guideline referred to in subsection 
(y)(2)(A)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
the first fiscal year quarter that begins after the date of 
enactment of this Act. 
TITLE VI—HELP (HEALTHY LIFE-
STYLES 
AND 
PREVENTION) 
AMERICA TRUST FUND 
SEC. 601. HELP (HEALTHY LIFESTYLES AND PREVENTION) 
AMERICA TRUST FUND. 
(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘‘HeLP (Healthy Lifestyles and Pre-
vention) America Trust Fund’’ (referred to in this section 
as the ‘‘Trust Fund’’), consisting of such amounts as may 
be appropriated or credited to the Trust Fund as provided 
in this section. 
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(b) TRANSFERS TO TRUST FUND.—There is hereby 
appropriated to the Trust Fund an amount equivalent 
to— 
(1) the increase in revenues received in the 
Treasury as the result of the amendment made by 
section 405 of this Act, 
(2) the increase in revenues received in the 
Treasury as the result of the amendments made by 
title II of this Act, and 
(3) the receipts paid by tobacco companies 
under subtitle B of title III of this Act. 
(c) DISTRIBUTION OF AMOUNTS IN TRUST FUND.— 
(1) MANDATORY EXPENDITURES.—On a fiscal 
year basis (beginning with fiscal year 2008) and 
without further appropriation the Secretary of the 
Treasury shall distribute from amounts in the Trust 
Fund such amounts as are necessary to provide for 
the Federal expenditures attributable to the fol-
lowing: 
(A) The amendments made to the Fruit 
and Vegetable Program by section 201 of this 
Act. 
(B) Smoking cessation drugs under title 
XIX of the Social Security Act as identified by 
the Secretary of Health and Human Services. 
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(C) Coverage of smoking cessation under 
the Federal Employee Health Benefits Program 
under chapter 89 of title 5, United States Code 
(as amended by section 503). 
(D) The amendments made to the medi-
care program under title XVIII of the Social 
Security Act by sections 501 and 502 of this 
Act. 
(E) The preventive health care demonstra-
tion program carried out under section 505 of 
this Act. 
Such amounts shall be in addition to any other 
amounts appropriated for such purposes. 
(2) DISCRETIONARY EXPENDITURES.—Amounts 
in the Trust Fund not to exceed $2,050,000,000 
shall be available, as provided in appropriation Acts, 
for each fiscal year (beginning with fiscal year 2008) 
only for purposes of making expenditures to carry 
out the following: 
(A) School nutrition environment enhance-
ment grants under section 18(l) of the Richard 
B. Russell National School Lunch Act (as 
added by section 203). 
(B) Mental health services in schools under 
paragraphs (7) and (8) of section 5541(c) of 
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the Elementary and Secondary Education Act 
of 1965 (as added by section 204). 
(C) The Baby-Friendly Hospital Initiative 
carried out under section 205 of this Act. 
(D) The grant program to strengthen fam-
ilies and build children’s resilience carried out 
under section 520K of the Public Health Serv-
ice Act (as added by section 206). 
(E) The reservation for early Head Start 
programs under section 640(a)(6)(A) of the 
Head Start Act (as amended by section 207). 
(F) Community grants to prevent and re-
duce the incidence of chronic disease under sec-
tion 399P of the Public Health Service Act (as 
added by section 313). 
(G) Living well with a disability and work-
ing well with a disability programs under sec-
tions 399Q and 399R of the Public Health 
Service Act (as added by section 312). 
(H) The amendments made to title 23, 
United States Code, by section 313 of this Act 
and the nonmotorized transportation pilot pro-
gram carried out under section 313(d). 
(I) The national assessment of mental 
health needs program carried out under section 
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506C of the Public Health Service Act (as 
added by section 314). 
(J) The preventive medicine and public 
health training grant program carried out 
under section 747A of the Public Health Serv-
ice Act (as added by section 315). 
(K) Federal-State tobacco counter-adver-
tising programs under section 399S of the Pub-
lic Health Service Act (as added by section 
406). 
(L) Preventive health services for women, 
including well-integrated screening and evalua-
tion for women across the Nation, under section 
1509 of the Public Health Service Act (as 
added by section 506). 
(M) Carol M. White Physical Education 
Program under subpart 10 of part D of title V 
of the Elementary and Secondary Education 
Act of 1965. 
(N) Research regarding obesity under sec-
tion 101 of this Act. 
(O) Expanded Food and Nutrition Edu-
cation Program under section 3175 of title 23, 
United States Code. 
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