118 STAT. 3141 PUBLIC LAW 108–447—DEC. 8, 2004 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 cooperate fully with the Sec retary of Health and Human Services to ensure that the Depart ment of Health and Human Services has secure, safe, functional facilities that comply with applicable regulation governing loca tion, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services is authorized, in consultation with the Sec retary of State, through grant or cooperative agreement, to make available to public 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 relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. SEC. 216. The Division of Federal Occupational Health may utilize personal services contracting to employ professional manage ment/administrative and occupational health professionals. SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision of law, the Director of the National Institutes 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 con tracts, cooperative agreements, or grants) to carry out research in support of the NIH Roadmap Initiative of the Director. (b) PEER REVIEW.—In entering into transactions under sub section (a), the Director of the National Institutes of Health 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 transactions in lieu of the peer review and advisory council review 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, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). SEC. 218. Notwithstanding any other provisions of law, funds made available under this heading may be used to continue oper ating the Council on Graduate Medical Education established by section 301 of Public Law 102–408. SEC. 219. (a) Notwithstanding section 412.23(b)(2) of title 42 of the Code of Federal Regulations, none of the funds appropriated by this Act may be expended by the Secretary of Health and Human Services to treat a hospital or unit of a hospital that was certified by the Secretary as an inpatient rehabilitation facility on or before June 30, 2004, as a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) until, not later than 60 days after the date on which the report under subsection (b) is issued, the Secretary, taking into account the recommendations in such report— (1) determines that the classification criteria of hospitals and units of hospitals as inpatient rehabilitation facilities under such section 412.23(b)(2) are not inconsistent with such rec ommendations; or Effective date. 42 USC 294o note. Applicability.
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