Page:United States Statutes at Large Volume 123.djvu/3278

123STA T . 32 58PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ofSta t eins e c tion 2( c ) oft h e State D e p a r t m ent B asic Au thori - ties Act of 1956.T he Secretar y of H ea l th an d Human Ser v ices shall consult w ith the Secretary of State and relevant C hief of M ission to ensure that the authority provided in this section ise x ercised in a manner consistent with section 2 07 of the F orei g n Service Act of 19 8 0 and other applica b le statutes administered by the Department of State. (2) The Secretary of Health and Human Services is author- i z ed to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of ac q uisition , lease, alteration, renovation, and management of facilities outside of the U nited 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, setbac k , and other facilities requirements and serve the purposes estab- lished by this Act. The Secretary of Health and Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in partici- pating foreign countries, funds to acquire, lease, alter, or ren- ovate facilities in those countries as necessary to conduct pro- grams of assistance for international health activities, including activities relating to H IV/ AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. ( 3 ) The Secretary of Health and Human Services is author- ized to provide to personnel appointed or assigned by the Sec- retary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4 081 through 4086 and sub j ect to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel ’ s official duty station were in the District of Columbia. L eaves of absence for personnel under this subsection shall be on the same basis as that provided 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. S EC . 214.(a)A UTHORI T Y . —N otwithstanding any other provision of law, the Director of the National Institutes of Health ( ‘ ‘Director’’) may use funds available under section 402(b)(7) or 402(b)(12) of the P ublic Health Service Act (‘‘PHS Act’’) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to such section 402(b)(7) (per- taining to the Common Fund) or research and activities described in such section 402(b)(12). (b) PEER R E V IE W .—In entering into transactions under sub- section (a), the Director 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 Ap p licab ili ty.Consu ltation.