Ok, here goes.
I was just testing some of my own actions, while having the Basic Action pack enabled too. At passion lvl 7, i got the action from the basic actions stating "Time for a little light exercise. Woman lie on your back and stick out your tongue. Man, Straddle woman and rub your penis against Woman's tongue in a manner that feels good to you. Woman must stay completely still. you have 60 seconds". OK, i looked at the action with the action editor and was categorized as "Licking my partners genitals." That was the only category set for this action.
In this scenario i used the Default profile. Looking at the default profile under "Licking my partners genitals", it was set to a minimum level of 8. So i got a min. lvl 8 action at lvl 7. Is this a bug?