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Department of Health and Human Services in this Act 
may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent 
by any such transfer: Provided, That an appropriation 
may be increased by up to an additional 2 percent subject 
to approval by the House and Senate Committees on Ap-
propriations: Provided further, That the transfer authority 
granted by this section shall be available only to meet 
emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no 
funds are provided in this Act: Provided further, That the 
Appropriations Committees of both Houses of Congress 
are notified at least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 209. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS 
Research, may transfer up to 3 percent among institutes 
and centers from the total amounts identified by these two 
Directors as funding for research pertaining to the human 
immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer. 
(TRANSFER OF FUNDS) 
SEC. 210. 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-
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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. 211. 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. 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 denies participation in such program to an oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) 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 prospective adjustments to the capita-
tion payment to such an entity (based on an actuarially 
sound estimate of the expected costs of providing the serv-
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ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care program’s coverage for such services and a Medicare 
Advantage organization described in this section shall be 
responsible for informing enrollees where to obtain infor-
mation about all Medicare covered services. 
SEC. 213. 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 
molestation, sexual abuse, rape, or incest. 
SEC. 214. (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 pursu-
ant 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, 2006, that the 
State will commit additional State funds, in accordance 
with subsection (b), to ensure compliance with State laws 
prohibiting 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 
percentage point by which the State misses the retailer
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compliance 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 
fiscal year 2006 for tobacco prevention programs and for 
compliance activities at a level that is not less than the 
level of such expenditures maintained by the State for fis-
cal year 2005, and adding to that level the additional 
funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Sec-
retary on all fiscal year 2005 State expenditures and all 
fiscal year 2006 obligations for tobacco prevention and 
compliance activities by program activity by July 31, 
2006. 
(d) The Secretary shall exercise discretion in enforc-
ing the timing of the State obligation of the additional 
funds required by the certification described in subsection 
(a) as late as July 31, 2006. 
(e) None of the funds appropriated by this Act may 
be used to withhold substance abuse funding pursuant to 
section 1926 from a territory that receives less than 
$1,000,000. 
SEC. 215. In order for the Centers for Disease Con-
trol and Prevention to carry out international health ac-
tivities, including HIV/AIDS and other infectious disease,
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chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2006, the Secretary of 
Health and Human Services— 
(1) 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 
(22 U.S.C. 2669(c)). The Secretary of Health and 
Human Services shall consult 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 section 207 of the Foreign 
Service Act of 1980 (22 U.S.C. 3927) and other ap-
plicable statutes administered by the Department of 
State, and 
(2) is authorized to provide such funds by ad-
vance or reimbursement to the Secretary of State as 
may be necessary to pay the costs of acquisition, 
lease, alteration, renovation, and management of fa-
cilities 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 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, set-
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back, and other facilities requirements and serve the 
purposes 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. 
SEC. 216. The Division of Federal Occupational 
Health hereafter may utilize personal services contracting 
to employ professional management/administrative and oc-
cupational health professionals. 
SEC. 217. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes of Health may use funds available under section 
402(i) of the Public Health Service Act (42 U.S.C. 282(i)) 
to enter into transactions (other than contracts, coopera-
tive agreements, or grants) to carry out research in sup-
port of the NIH Roadmap for Medical Research.