123STA T . 32 56PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9andsubmi ssi o no f a rep or t b y t h e S e c retary of H ea l th and Human Ser v ices to the C ommittees on A ppropriations of the House of R epresentatives and the Senate detailin g the planned uses of such funds . S EC . 205 . N ot w ithstanding section 2 41( a ) of the P ublic Health Service Act , such portion as the Secretary of Health and Human Services shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authori z ed under such Act shall be made available for the evaluation (directly, or by grants or contracts) of the implementation and effectiveness of such programs. (TRANSF ER O FF U N D S ) SEC. 20 6 . Nottoe x ceed 1 percent of any discretionary funds (pursuant to the B alanced Budget and E mergency D eficit Control Actof1 98 5) which are appropriated for the current fiscal year for the Department of Health and Human Services in this Act may be transferred between a program, pro j ect, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer
- Provide
d, T hat 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 fu r th er, That the Committees on Appropria - tions of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) SEC. 20 7 . The Director of the National I nstitutes of Health, jointly with the Director of the O ffice 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: Pro - vided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) SEC. 208. Of the amounts made available in this Act for the National Institutes of Health, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office of AIDS Research, shall be made available to the ‘ ‘Office of AIDS Research Office ’ ’ account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act. SEC. 209. 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 of Health and Human Services that it encourages family participation in the decision of minors to see k family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. SEC. 210. Notwithstanding any other provision of law, no pro- vider of services under title X of the Public Health Service Act shall be exempt from any State law re q uiring notification or the Certif i ca ti on.N otification. D ea dl ine. Notification. Deadline.
