HR 3043 PP 
SEC. 211. Notwithstanding any other provision of 
law, no provider of services under title X of the Public 
Health Service Act (42 U.S.C. 1001 et seq.) shall be ex-
empt from any State law requiring notification or the re-
porting of child abuse, child molestation, sexual abuse, 
rape, or incest. 
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 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. 
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HR 3043 PP 
SEC. 213. (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, 2008, 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 
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 2008 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 2007, 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 2007 State expenditures and all 
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fiscal year 2008 obligations for tobacco prevention and 
compliance activities by program activity by July 31, 
2008. 
(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, 2008. 
(e) None of the funds appropriated by this Act may 
be used to withhold substance abuse funding pursuant to 
section 1926 of the Public Health Service Act from a terri-
tory that receives less than $1,000,000. 
SEC. 214. 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, 
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2008: 
(1) The Secretary of Health and Human Serv-
ices (in this section referred to as the ‘‘Secretary of 
HHS’’) 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 HHS 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-
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sistent with section 207 of the Foreign Service Act 
of 1980 (22 U.S.C. 3927) and other applicable stat-
utes administered by the Department of State. 
(2) The Secretary of HHS is authorized to pro-
vide 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 Department of Health and 
Human Services. The Department of State shall co-
operate fully with the Secretary of HHS to ensure 
that the Department of Health and Human Services 
has secure, safe, functional facilities that comply 
with applicable regulation governing location, set-
back, and other facilities requirements and serve the 
purposes established by this Act. The Secretary of 
HHS is authorized, in consultation with the Sec-
retary of State, through grant or cooperative agree-
ment, to make available to public or nonprofit pri-
vate 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 ac-
tivities, including activities relating to HIV/AIDS 
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and other infectious diseases, chronic and environ-
mental diseases, and other health activities abroad. 
SEC. 215. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes of Health (in this section referred to as the ‘‘Direc-
tor of NIH’’) may use funds available under section 
402(b)(7) or 402(b)(12) of the Public Health Service Act 
(42 U.S.C. 282(b)(7), 282(b)(12)) 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 of the NIH may utilize 
such peer review procedures (including consultation with 
appropriate scientific experts) as the Director determines 
to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such trans-
actions in lieu of the peer review and advisory council re-
view procedures 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 Public Health Service 
Act
(42
U.S.C.
241(a)(3),
284(b)(1)(B),
284(b)(2), 
284a(a)(3)(A), 289a, and 289c). 
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