H. R. 1105—256 
For expenses necessary to support advanced research and 
development pursuant to section 319L of the PHS Act, $275,000,000, 
to be derived by transfer from funds appropriated under the heading 
‘‘Biodefense Countermeasures’’ in the Department of Homeland 
Security Appropriations Act, 2004, to remain available through 
September 30, 2010. 
For expenses necessary to prepare for and respond to an 
influenza pandemic, $448,091,000, together with $137,000,000 to 
be derived by transfer from funds appropriated under the heading 
‘‘Biodefense Countermeasures’’ in the Department of Homeland 
Security Appropriations Act, 2004, of which $507,000,000 shall be 
available until expended, for activities including the development 
and purchase of vaccine, antivirals, necessary medical supplies, 
diagnostics, and other surveillance tools: Provided, That products 
purchased with these funds may, at the discretion of the Secretary 
of Health and Human Services, be deposited in the Strategic 
National Stockpile under section 319F–2 of the PHS Act: Provided 
further, That notwithstanding section 496(b) of the PHS Act, funds 
may be used for the construction or renovation of privately owned 
facilities for the production of pandemic influenza vaccines and 
other biologics, if the Secretary finds such construction or renovation 
necessary to secure sufficient supplies of such vaccines or biologics: 
Provided further, That funds appropriated herein may be trans-
ferred to other appropriation accounts of the Department of Health 
and Human Services, as determined by the Secretary to be appro-
priate, to be used for the purposes specified in this paragraph. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be available 
for not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary of Health 
and Human Services. 
SEC. 202. The Secretary of Health and Human Services shall 
make available through assignment not more than 60 employees 
of the Public Health Service to assist in child survival activities 
and to work in AIDS programs through and with funds provided 
by the Agency for International Development, the United Nations 
International Children’s Emergency Fund or the World Health 
Organization. 
SEC. 203. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research 
and Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in 
excess of Executive Level I. 
SEC. 204. None of the funds appropriated in this Act may 
be expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or for 
other taps and assessments made by any office located in the 
Department of Health and Human Services, prior to the preparation 
and submission of a report by the Secretary of Health and Human 
Services to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the planned uses of such 
funds. 
SEC. 205. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary of Health and Human
H. R. 1105—257 
Services shall determine, but not more than 2.4 percent, of any 
amounts appropriated for programs authorized under such Act shall 
be made available for the evaluation (directly, or by grants or 
contracts) of the implementation and effectiveness of such programs. 
(TRANSFER OF FUNDS) 
SEC. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) 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, project, or activity, but 
no such program, project, or activity shall be increased by more 
than 3 percent by any such transfer: Provided, That 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 further, 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. 207. The Director of the National Institutes of Health, 
jointly with the Director of the Office 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’’ 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 seek 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 requiring notification or the 
reporting of child abuse, child molestation, sexual abuse, rape, 
or incest. 
SEC. 211. 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