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 123STA T .78 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9HumanServic e sd enies p ar t icipati o ninsuc h pro g ram to an other -w ise e l igi b le entit y( including a P rovider Sponsored O rgani z ation ) because the entity in f orms the Secretary that it will not provide , pay for, provide coverage of, or provide referrals for abortions
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d, T hat the Secretary shall ma k e appropriate prospective ad j ustments to the capitation payment to such an entity (based on an actuarially sound estimate of the e x pected costs of providing the service to such entity ’ s enrollees): Provided fu r th er, That nothing in this section shall be construed to change the M edicare program’s coverage for such services and a Medicare A dvantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services . S EC. 21 2. (a) E xcept as provided by subsection (e) none of the funds appropriated by this Act may be used to withhold sub- stance abuse funding from a State pursuant to section 1 9 2 6 of the Public Health Service Act if such State certifies to the Secretary of Health and Human Services by May 1, 2 0 09, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 1 8 years of age. (b) The amount of funds to be committed by a State under subsection (a) shall be e q ual to 1 percent of such State’s substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary under section 1926 of such Act. (c) The State is to maintain State expenditures in fiscal year 2009 for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for fiscal year 2008, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all fiscal year 2008 State expenditures and all fiscal year 2009 obligations for tobacco prevention and compliance activities by pro- gram activity by J uly 3 1, 2009. (d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31, 2009. (e) N one of the funds appropriated by this Act may be used to withhold substance abuse funding pursuant to section 1926 of the Public Health Service Act from a territory that receives less than $ 1,000,000. SEC. 213. I n order for the D epartment of Health and Human Services to carry out international health activities, including HI V/ AIDS and other infectious disease, chronic and environmental dis- ease, and other health activities abroad during fiscal year 2009: (1) The Secretary of Health and Human Services may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department B asic Authori- ties Act of 19 5 6. The Secretary of Health and Human Services shall consult with the Secretary of State and relevant C hief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 20 7 of the F oreign Service Act of 1980 and other applicable statutes administered by the Department of State. (2) The Secretary of Health and Human Services is author- ized to provide such funds by advance or reimbursement to Reports.D e adlin e. Dr ug s and drug a b use. C erti f i c ation. Deadline. T obacco and tobacco products.


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 123STA T .78 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9theS e cr et a r yof State a sm ay b e n ecessary to p ay the costs of ac qui sition ,l ease, alteration, reno v ation, an d mana g ement of facilities outside of the U nited States for the use of the D epartment of H ealth and Human Services .T he Department of State shall cooperate fully w ith 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 A ct. The Secretary of Health and Human Services is authori z ed, 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. 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 4 0 2(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 C ommon F und) 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 e x perts) 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 3 01(a)(3), 40 5 (b)(1)( B ), 405(b)(2), 40 6 (a)(3)(A), 4 9 2, and 494 of the PHS Act. SEC. 215. Funds which are available for Individual L earning Accounts for employees of the Centers for Disease Control and Prevention (‘‘CDC’’) and the Agency for Toxic Substances and Dis- ease Registry (‘‘ATSDR’’) may be transferred to ‘‘Disease Control, Research, and Training’’, to be available only for Individual Learning Accounts
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d, That such funds may be used for any individual full-time equivalent employee while such employee is employed either by CDC or ATSDR. SEC. 216. Notwithstanding any other provisions of law, funds made available in this Act may be used to continue operating the Council on G raduate M edical E ducation established by section 301 of Public Law 102 – 40 8 . SEC. 217. The Director of the National Institutes of Health (‘‘NIH’’) shall require in the current fiscal year and thereafter that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law. Electroni c recor ds.Pub lic in f or ma tion. D eadline. 42USC 2 8 2c. 42USC2 9 4 0 o note. Ap plicabilit y .

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/803

 123STA T .78 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9SEC.218 . Not to exc ee d$35,0 00,000 o f f un d sap p r opr i ated by t h is A ct to the institutes and centers of the Nationa lI nstitutes of H ealth m ay be used for alteration, repair, or impro v ement of facilities, as necessary for the proper and efficient conduct of the activities authori z ed herein, at not to exceed $2,500,000 per pro j ect. (TRANSF ER O FF U N D S ) SEC. 21 9 . O f the amounts made available for the National Institutes of Health, 1 percent of the amount made available for National R esearch Service A w ards (‘ ‘NRSA ’ ’ ) shall be made avail - able to the Administrator of the Health Resources and Services Administration to ma k e NRSA awards for research in primary medical care to individuals affiliated with entities who have received g rants or contracts under section 74 7ofthe P ublic Health Service Act, and 1 percent of the amount made available for NRSA shall be made available to the D irector of the Agency for Healthcare Research and Q uality to make NRSA awards for health service research. SEC. 220. Section 223 of division G of the C onsolidated Appro- priations Act, 2008, is amended in its first proviso by striking ‘‘for’’ the first time it appears and inserting ‘‘in’’. SEC. 221. (a) IN GENERA L . — Section 1927(c)(1)(D) of the Social Security Act (42 U .S.C. § 139 6 r – 8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction Act of 2005, is amended— (1) in clause (i)— (A) by redesignating subclause (I V ) as subclause (VI) and ( B ) by inserting after subclause (III) the following ‘‘(IV) An entity that— ‘‘(aa) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Act or is State-owned or operated; and ‘‘(bb) would be a covered entity described in section 340(B)(a)(4) of the Public Health Service Act insofar as the entity provides the same type of services to the same type of populations as a covered entity described in such section provides, but does not receive funding under a provision of law referred to in such section; ‘‘(V) A public or nonprofit entity, or an entity based at an institution of higher learning whose primary purpose is to provide health care services to students of that institution, that provides a service or services described under section 1001(a) of the Public Health Service Act, 42 U.S.C. 300.’’. (2) by adding at the end the following new clause: ‘‘(iv) RULE OF CONSTRUCT I ON.—Nothing in this subparagraph shall be construed to alter any existing statutory or regulatory prohibition on services with respect to an entity described in clause (i)(IV), including the prohibition set forth in section 1008 of the Public Health Service Act.’’. (b) E FFECTI V E DATE.— T he amendments made by this sub- section shall take effect as if included in the amendment made by section 6001(d)(2) of the Deficit Reduction Act of 2005. 42USC1396r–8note. 42 USC 1396r–8. 42USC3 5 14 a.


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 123STA T .784PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9SEC.2 22. S ection 2 0 2o fPubl ic Law1 02 –394 i sh e r eb y a m en d ed by substitutin g‘ ‘4, 000 ’ ’ for ‘‘2, 8 00’’. SEC. 223. W ithin 6 0 days of p assage of this A ct, the Secretary of the D epartment of H ealth and Human Ser v ices shall issue an Advanced N otice of Proposed R ulema k ing to solicit public comment in advance of modifying regulations at 42 CF R Part 5 0 Subpart F for the purpose of strengthening Federal oversight and identifying enhancements of policies, including re q uirements for financial disclosure to institutions, governing financial conflicts of interest among e x tramural investigators receiving grant support from the National I nstitutes of Health. SEC. 224. Hereafter, the activities authori z ed under section 399 M of the Public Health Service Act shall be known as the ‘‘ J ames T . Walsh U niversal Newborn Hearing Screening Program.’’ (R E S C I SSI ON O F F U N D S ) SEC. 225. O f the funds available for carrying out section 204 of the Ticket to Work and Work Incentives Improvement Act of 1999 ( Public Law 106–1 7 0 ) , $ 21,500,000 are rescinded
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d , That notwithstanding subsection (c)(3)( B ) of such section, in no case may the aggregate amount of payments made by the Secretary of Health and Human Services to States under such section exceed $223,500,000. SEC. 226. Section 1941(b)(1)(B) of the Social Security Act, as added by section 7002(b) of the Supplemental Appropriations Act, 2008, is amended by inserting ‘‘each of’’ after ‘‘for’’. This title may be cited as the ‘‘Department of Health and Human Services Appropriations Act, 2009’’. TITL E III DEPARTMENT OF EDUCATION EDUC AT ION FOR T H E DISAD V ANTA G ED For carrying out title I of the Elementary and Secondary Edu - cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu- cation Act of 1965, $15,760,086,000, of which $4,739,881,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $10,841,176,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009–2010: Pro - vided, That $6,597,946,000 shall be for basic grants under section 1124 of the ESEA: Provided fu r th er, That up to $4,000,000 of these funds shall be available to the Secretary of Education on October 1, 2008, to obtain annually updated local educational- agency-level census poverty data from the Bureau of the Census: Provided further, That $1,365,031,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $3,264,712,000 shall be for targeted grants under section 1125 of the ESEA: Provided further, That $3,264,712,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further, That $9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA. Departm e n t ofEduc at i on A ppropriation s Act ,20 0 9.4 2 USC13 9 6w– 1. Desi g nation. 42USC2 8 0g–1 note. Dead l ine. N otice. P u b lic comment. 42 USC 238f note.


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Page:United States Statutes at Large Volume 123.djvu/805

 123STA T .785PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9IMPACTAIDForca rr ying o utp rogra ms o f financia l assistanc e to fe d erally affected sc h ools authori z ed b y title V III of the E lementary and S econdary Education Act of 1965,$ 1, 2 65, 7 1 8, 0 00, of w hich $1,128,5 3 5,000 shall be for basic support payments under section 8003 ( b ) ,$ 4 8,602,000 shall be for payments for children with disabil - ities under section 8003(d), $17,509,000 shall be for construction under section 8007(b) and shall remain a v ailable through Sep- tember 30, 2010, $66,208,000 shall be for Federal property pay- ments under section 8002, and $4,864,000, to remain available until e x pended, shall be for facilities maintenance under section 8008
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d, T hat for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) for school year 2008 – 2009, children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)( B ) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status . SC HO O L IMP R O VE ME N T P RO G RAM S For carrying out school improvement activities authorized by parts A, B, and D of title II, part B of title IV, subparts 6 and 9ofpartDoftitleV,partsAandBoftitleVI,andpartsB and C of title VII of the Elementary and Secondary Education Act of 1965 ( ‘ ‘ESEA ’ ’) the M c K inney-Vento H omeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil R ights Act of 1964, $5,362,016,000, of which $3,495,865,000 shall become available on J uly 1, 2009, and remain available through September 30, 2010, and of which $1,681,441,000 shall become available on O ctober 1, 2009, and shall remain avail- able through September 30, 2010, for academic year 2009–2010: Provided, That of the funds available for section 2103(a) of the ESEA, $5,000,000 shall be available for a school leadership partner- ship initiative and up to $7,500,000 shall be available for teacher and principal q uality national activities administered by the Sec- retary of Education, as specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided fu r th er , That funds made available to carry out part B of title VII of the ESEA may be used for construc- tion, renovation and modernization of any elementary school, sec- ondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of Hawaii, that serves a predominantly N ative Hawaiian student body: Provided further, That from the funds referred to in the preceding proviso, not less than $1,500,000 shall be for a grant to the Department of Education of the State of Hawaii for the activities described in such proviso, and $1,500,000 shall be for a grant to the U niversity of Hawaii School of L aw for a Center Haw a i i .


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Page:United States Statutes at Large Volume 123.djvu/806

 123STA T .786PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9ofExcel le n ce i n Nat i v e H a w aiian law
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d fu r th er ,Th atf u n dsm ade availa b letoca r r y out p art C of title VI IoftheE S E A may be used for construction: Provided further, That up to 10 0 percent of the funds available to a State educational a g ency under part D of title II of the ESEA may be used for subgrants described in section 24 12 ( a ) (2)( B ) of such Act: Provided further , That $57 ,11 3 ,000 shall be available to carry out section 203 of the Edu - cational Technical Assistance Act of 2002: Provided further, That $33,7 9 1,000 shall be available to carry out part D of title V of the ESEA: Provided further, That no funds appropriated under this heading may be used to carry out section 5494 under the ESEA: Provided further, That $17, 68 7,000 shall be available to carry out the Supplemental Education G rants program for the F ederated States of M icronesia and the R epublic of the Marshall Islands: Provided further, That up to 5 percent of these amounts may be reserved by the Federated States of Micronesia and the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain technical assistance, over- sight and consultancy services in the administration of these grants and to reimburse the U nited States Departments of L abor, Health and Human Services, and Education for such services: Provided further, That $7,360,000 of the funds available for the Foreign Language Assistance P rogram shall be available for 5-year grants to local educational agencies that would wor k in partnership with one or more institutions of higher education to establish or expand articulated programs of study in languages critical to United States national security that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages . I NDIA NED UC A T I O N For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the Elementary and Secondary Edu- cation Act of 1965, $122,282,000. INNO V ATION AND I MPR OV E MENT For carrying out activities authori z edbypartGoftitleI, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V, and section 1504 of the Elementary and Secondary Education Act of 1965, $996,425,000: Provided, That $10,649,000 shall be provided to the National Board for Professional Teaching Standards to carry out section 2151(c), including $1,000,000 to develop a National Board certification for principals of elementary and secondary schools: Provided further, That from funds for sub- part 4, part C of title II, up to 3 percent shall be available to the Secretary of Education for technical assistance and dissemina- tion of information: Provided further, That $347,640,000 shall be available to carry out part D of title V: Provided further, That $88,015,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘ ‘Innovation and Improvement ’ ’ inthe explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided further, That $97,270,000 of the funds for subpart 1 shall be for competitive grants to local educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both and (2) at least one


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 123STA T .78 7 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9no n -pr o fit or ga ni z ation to dev e l opandi m plement performan c e- b a s ed teac h er and principal compensation s y stems in high-need schools
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d fu r th er ,T hat s u ch performance-based compensa- tion systems must consider gains in student academic achievement as w ell as classroom evaluations conducted multiple times during each school year among other factors and provide educators with incentives to ta k e on additional responsibilities and leadership roles: Provided further, That up to 5 percent of such funds for competitive grants shall be available for technical assistance, training, peer review of applications, program outreach and evaluation activities: Provided further, That of the funds available for part B of title V , the S ecretary shall use up to $21 , 03 1,000 to carry out activities under section 5205 ( b ) and under subpart 2, and shall use not less than $1 9 5,000,000 to carry out other activities authorized under subpart 1 . S AFE S CHO O LS A NDCIT I Z ENSHI PE D U CATION F or carrying out activities authorized by subpart 3 of part C of title I I, part A of title IV, and subparts 2, 3 and 10 of part D of title V of the Elementary and Secondary Education Act of 19 6 5, $690,3 7 0,000, of which $29 4 ,759,000 shall become available on J uly 1, 2009, and remain available through September 30, 2010: Provided, That $294,759,000 shall be available for subpart 1 of part A of title IV and $220,240,000 shall be available for subpart 2 of part A of title IV: Provided further, That $141,912,000 shall be available to carry out part D of title V: Provided further , That of the funds available to carry out subpart 3 of part C of title II, up to $13,3 8 3,000 may be used to carry out section 2345 and $2,957,000 shall be used by the Center for Civic Education to implement a comprehensive program to improve public knowl- edge, understanding, and support of the Congress and the State legislatures. EN G LISH L ANGUAGE AC Q UISITION For carrying out part A of title III of the Elementary and Secondary Education Act of 1965, $730,000,000, which shall become available on July 1, 2009, and shall remain available through September 30, 2010, e x cept that 6.5 percent of such amount shall be available on O ctober 1, 2008, and shall remain available through September 30, 2010, to carry out activities under section 3111(c)(1)(C): Provided, That the Secretary of Education shall use the American Community Survey child counts to calculate State allocations under such part but, for any State that would otherwise receive greater than a 10-percent reduction from its previous year ’ s allocation, the Secretary shall carry out such calculation using the average of the American Community Survey child counts for the 3 most recent years. SPECIAL EDUCATION For carrying out the Individuals with Disabilities Education Act ( ‘ ‘IDEA’’) and the Special Olympics Sport and Empowerment Act of 2004, $12,579,677,000, of which $3,726,354,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $8,592,383,000 shall become available on October 1, 2009, and shall remain available through


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 123STA T .78 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9Sept e mb e r30,2 0 1 0, fo r ac a d em i c y ear 200 9– 2010
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d, Th at $ 13,2 5 0,000 s ha l lbefor R ecordi ng for the B lind and D ysle x ic, I nc . ,tos u pport the de v elopment, production, and circulation of recorded educational materials: Provided fu r th er, That $ 7 37,000 shall be for the recipient of funds provided by P ublic L a w 105– 7 8 under section 6 87 ( b ) (2)( G ) of theID EA (as in effect prior to the enactment of the Individuals with Disabilities Education Improvement Act of 200 4 ) to provide information on diagnosis, intervention, and teaching strategies for children with disabilities: Provided further, That the amount for section 611(b)(2) of the IDEA shall be e q ual to the lesser of the amount available for that activity during fiscal year 2008, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percentage increase in the funds appropriated under section 611(i) of the IDEA: Provided further, That funds made available for the Special O lympics Sport and Empowerment Act of 2004 may be used to support expenses associated with the Special Olym - pics N ational and W orld games hosted in the U nited States. R EHABIL I T ATI ON SE RV I C E S AN D DISABILIT Y RESEARCH F or carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the H elen K eller National C enter Act, $3,387,762,000: Provided , That $3,088,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘ ‘Rehabilitation Services and Disability Research ’ ’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). S P ECIAL INSTIT U TIONS F OR PERSONS WITH DISABILITIES A M ERICAN PRINTIN G HOUSE FOR THE BLIND For carrying out the Act of M arch 3, 1879, $22,599,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $64,212,000, of which $1,175,000 shall be for construction and shall remain available until expended: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authori z ed under section 207 of such Act. GALLAUDET UNIVERSITY For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $124,000,000, of which $6,000,000 shall be for construc- tion and shall remain available until expended: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. CAREER, TECHNICAL, AND ADULT EDUCATION For carrying out, to the extent not otherwise provided, the Carl D. Per k ins Career and Technical Education Act of 2006, the


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Page:United States Statutes at Large Volume 123.djvu/809

 123STA T .789PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 AdultE du ca t ion and F a m il yL it er acy Act ,s u bp art 4 o f part D of title V oft h e Elementary and S econdary Education Act of 1965(‘ ‘ESEA ’ ’ ) and title V I II – Dofthe H i g her Education Amendments of 199 8, $ 1,944, 3 48, 0 00, of w hich $4,400,000 shall become a v ailable on O ctober 1, 2 008 and remain available until September 30, 2010, of which $1,148,948,000 shall become available on J uly 1, 2009, and shall remain available through September 30, 2010, and of which $ 7 91,000,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010
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d ,T hat of the amount provided for Adult Education State G rants, $67,896,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations: Provided fu r th er, That of the amount reserved for integrated English literacy and civics education, not - withstanding section 211 of the Adult Education and Family Lit- eracy Act, 65 percent shall be allocated to States based on a State’s absolute need as determined by calculating each State’s share of a 10-year average of the U nited States C iti z enship and Immigration Services data for immigrants admitted for legal permanent resi- dence for the 10 most recent years, and 35 percent allocated to States that e x perienced growth as measured by the average of the 3 most recent years for which United States Citizenship and Immigration Services data for immigrants admitted for legal perma- nent residence are available, except that no State shall be allocated an amount less than $60,000: Provided further, That of the amounts made available for the Adult Education and Family Literacy Act, $6,878,000 shall be for national leadership activities under section 243 and $6,468,000 shall be for the N ational Institute for Literacy under section 242: Provided further, That $88,000,000 shall be available to support the activities authorized under subpart 4 of part D of title V of the ESEA, of which up to 5 percent shall become available October 1, 2008, and shall remain available through September 30, 2010, for evaluation, technical assistance, school networ k s, peer review of applications, and program outreach activities, and of which not less than 95 percent shall become available on July 1, 2009, and remain available through September 30, 2010, for grants to local educational agencies: Provided further, That funds made available to local educational agencies under this subpart shall be used only for activities related to establishing smaller learning communities within large high schools or small high schools that provide alternatives for students enrolled in large high schools . S TUDEN TF I N A N C IA L A S SISTANCE ( INCLUDIN G DE F E R RAL O F FUNDS ) For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the Higher Education Act of 1965, $19,156,973,000, which shall remain available through September 30, 2010. The maximum P ell Grant for which a student shall be eligible during award year 2009–2010 shall be $4,860. Of the funds made available under section 401A(e)(1)(D) of the Higher Education Act of 1965, $887,000,000 shall not be avail- able until October 1, 2009. 20USC1 0 7 0 anote.


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Page:United States Statutes at Large Volume 123.djvu/810

 123STA T .790PUBLIC LA W 111 –8—M A R .11, 2009 STUDEN T AI DAD M INI S T RA TI O N For F ed er al ad min i st rati v ee xp enses to c arr y o u t part D o f title I, and su b parts 1, 3 , and 4 of part A, and parts B , C ,D, and E of title I V oft h e H i g her Education Act of 1 965, $7 53,4 02 ,000, w hich shall remain available until expended . HI GH ER EDU C ATION For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, and VII of the Higher Education Act of 1965 (‘ ‘HEA ’ ’ ) , section 1543 of the Higher Education Amendments of 1992, the M utual Educational and Cultural Exchange Act of 1961, title VIII of the Higher Education Amendments of 199 8, partI of subtitle A of title VI of the America C O M P E T ES Act, section 515 of the Federal Mine Safety and Health Act of 1977, and section 117 of the Carl D. Per k ins Career and Technical Education Act of 2006, $2,100,150,000
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d, That $9,687,000, to remain avail - able through September 30, 2010, shall be available to fund fellow- ships for academic year 2010 – 2011 under subpart 1 of part A of title VII of the HEA, under the terms and conditions of such subpart 1: Provided fu r th er, That $609,000 shall be for data collec- tion and evaluation activities for programs under the HEA, including such activities needed to comply with the G overnment Performance and R esults Act of 1993: Provided further, That not- withstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to U nited States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further , That up to $6,556,000 shall be available to continue funding for recipients of multi-year awards under section 204 of the HEA, as that Act was in effect prior to the date of enactment of the Higher Education Opportunity Act (‘‘HEOA’’), in accordance with the terms of their awards: Provided further, That notwithstanding any other provision of law, funds available under section 371 of the HEA for Tribal Colleges and Universities may be used for construction grants, including such funds to recipients of continuation grants for multi- year awards that were made in fiscal year 2008 under section 316 of the HEA, as that Act was in effect prior to the date of enactment of the HEOA, in accordance with the terms of such multi-year awards: Provided further, That notwithstanding any other provision of law, a recipient of a multi-year award under section 316 of the HEA, as that section was in effect prior to the date of enactment of the HEOA, that would have otherwise received a continuation award for fiscal year 2009 under that sec- tion, shall receive under section 316, as amended by the HEOA, not less than the amount that such recipient would have received under such a continuation award: Provided further, That the portion of the funds received under section 316 by a recipient described


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Page:United States Statutes at Large Volume 123.djvu/811

 123STA T .79 1 PUBLIC LA W 111 –8—M A R .11, 2 0 09 inthepr e c e d in g pr ov i s oth a tise qu a l tothea m ount o f such continu - ation a w ard shall b e used in accordance with the terms of such continuation award
 * Provide

d fu r th er ,T hat $1,0 00,000, to remain available until e x pended, shall be available to carr y out a scholar- ship program for the purpose of increasing the s k illed workforce for industrial health and safety occupations, including mine safety: Provided further, That the S ecretary of E ducation shall identify these scholarships as ‘ ‘Erma B yrd Scholarships ’ ’: Provided further, That such scholarships shall be awarded without regard to an applicant’s prior work experience, but the Secretary shall, notwith- standing section 437 of the G eneral Education P rovisions A ct and 5U. S. C . 553, by notice in the F ederal R egister, establish the eligi- bility requirements, service obligations, payback requirements, and other program requirements similar to those specified in section 515 of the Federal M ine Safety and H ealth Act as are necessary to implement such a program: Provided further, That such scholar- ship funds may be used to replace a student’s expected family contribution, but institutions accepting such scholarship funds may not use these funds to supplant existing institutional aid: Provided further, That the Secretary shall be authori z ed to accept contribu- tions for such scholarships from private sources: Provided further, That these funds shall be used for scholarships for academic year 2 00 9– 2010 and may be available for scholarships in academic year 2010–2011: Provided further, That $91,243,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘‘Higher Education’’ in the explanatory statement described in sec- tion 4 ( in the matter preceding division A of this consolidated Act ) . H OWARD U NIVE R S I TY For partial support of Howard University, $234,977,000, of which not less than $3,4 6 4,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. CO L LE G EHO U SING AND A C ADE M IC FACILITIES L OANS PROGRAM For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the Higher Education Act of 1965, $461,000. HISTORICALLY BLAC K COLLEGE AND UNIVERSITY CA P ITAL FINANCING PROGRAM ACCOUNT N otwithstanding the limitations contained in section 344(a) of the Higher Education Act of 1965 (‘‘HEA’’), the aggregate prin- cipal amount of outstanding bonds insured under the Historically Black College and University Capital Financing Program is author- ized to equal but not exceed $725,000,000, which may be used for loans to public and private historically black colleges and univer- sities without regard to paragraphs (1) and (2) of section 344(a). For the cost of guaranteed loans, $10,000,000, as authorized pursuant to Part D of title I II of the HEA: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan prin- cipal, any part of which is to be guaranteed, not to exceed Notice.F e d e ralR e g i s ter ,pub licatio n . D esignation.


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Page:United States Statutes at Large Volume 123.djvu/812

 123STA T .79 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 $10 0 , 000,000 .Inad d it i o n, f o r ad m ini s trati ve e xp enses to c arr y o u t t h e H istorica l ly B lac kC olle g e and U niversity Capital F inancing P rogram entered into pursuant to part D of title III of the H EA , $ 354 ,000. I NSTI T U T EOF E D U CA TION S CIENCES For carrying out activities authori z ed b y the Education Sciences R eform Act of 2 002, the N ational Assessment of Educational Progress Authorization Act, section 20 8 of the Educational T echnical Assistance Act of 2002, and section 6 64 of the Individuals w ith Disabilities Education Act, $61 7 ,175,000, of which $312,241,000 shall be available until September 30, 2010
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d, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used for Statewide data systems that include postsecondary and workforce information: Provided fu r th er, That up to $5,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for State data coordinators and for awards to public or private organizations or agencies to improve data coordination. DE P A R T M ENTA LM ANA G EMENT PROGRAM ADMINISTRATION For carrying out, to the extent not otherwise provided, the Department of Education O rganization Act, including rental of con - ference rooms in the District of Columbia and hire of three pas- senger motor vehicles, $433,482,000, of which $5,400,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff. OFFICE FOR CI V IL RIG H TS For expenses necessary for the Office for Civil Rights, as author- ized by section 203 of the Department of Education Organization Act, $ 9 6,826,000. OFFICE OF THE INSPECTOR GENERAL For expenses necessary for the Office of the Inspector G eneral, as authorized by section 212 of the Department of Education Organization Act, $54,539,000. GENERAL PROVISIONS SEC. 301. No funds appropriated in this Act may be used for the transportation of students or teachers ( or for the purchase ofe q uipment for such transportation ) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. SEC. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student ’ s home, except for a student requiring special education, to the school offering such special education, in order to comply with title V I of the Civil Rights Act of 1964. For the purpose Raci a ldes e gr ega t i on.


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Page:United States Statutes at Large Volume 123.djvu/813

 123STA T .79 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 ofthis s ec tio na nin d i r ect re qu ire m ent of trans p ortation of students inc l udes the transportation of students to carr y out a plan in v olvin g the reorgani z ation of the grade structure of schools , the pairing of schools, or the clustering of schools, or any com b ination of grade restructuring, pairing or clustering .T he prohibition described in this section does not include the establishment of magnet schools. SEC . 30 3. N o funds appropriated in this A ct may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (TRANSF ER O FF U N D S ) SEC. 30 4 . Nottoe x ceed 1 percent of any discretionary funds ( pursuant to the B alanced Budget and E mergency D eficit C ontrol Actof1 985)w hich are appropriated for the Department of Edu - cation in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer
 * Provide

d, 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 pro j ect or activity for which no funds are provided in this Act: Provided fu r th er, That the Committees on Appropriations of the H ouse of R epresentatives and the Senate are notified at least 15 days in advance of any transfer. SEC. 305. The signature pages submitted by Heart Butte School District in P ondera County, M ontana, as part of its application for I mpact Aid under title V III of the Elementary and Secondary Education Act of 19 6 5, shall be considered to have been timely and complete for purposes of receiving funding under such program for fiscal year 2 009. SEC. 306. The O utlying Areas may consolidate funds received under this Act as well as any remaining funds received under the Department of Education Appropriations Act, 2008, pursuant to 48 U .S.C. 1469a, under part A of title V of the Elementary and Secondary Education Act. This title may be cited as the ‘ ‘Department of Education Appro- priations Act, 2009 ’ ’. TIT L EIV RELATED A G ENCIES CO M M I TTEE FOR PURC H ASE F ROM PEO PL E W HO ARE BLIND OR SE V EREL Y DISA B LED SALARIES AND E X PENSES For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92 – 28, $ 5,094,000. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE OPERATIN G EXPENSES For necessary expenses for the Corporation for National and Community Service to carry out the Domestic Volunteer Service Act of 19 7 3 (‘‘1973 Act’’) and the National and Community Service Monta na .N ot if i c ation. De a dl ine. V ol u nta ryp rayer. Meditation.


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Page:United States Statutes at Large Volume 123.djvu/814

 123STA T .794PUBLIC LA W 111 –8—M A R .11, 2 0 09 Actof19 9 0(‘ ‘1990 Act ’ ’ ),$68 0, 5 6 4 ,000, of whi ch$ 3 09,835,000 s h al l be to ca r r y o u tthe19 7 3Acta nd $370,7 2 9,000 shall be to carry out the 1990 Act
 * Provide

d, T hat $27,500,000 of the a m ount p ro -v ided under this headin g shall be available to carry out subtitle E of the 1990 Act at five campuses throughout the U nited S tates: Provided fu r th er, That up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle: Provided further, That none of the funds made available under this heading for activities author- i z ed by section 122 and part E of title I I of the 1973 Act shall be used to provide stipends or other monetary incentives to program participants or volunteer leaders whose incomes e x ceed the income guidelines in subsections 211(e) and 213(b) of the 1973 Act: Provided further, That notwithstanding subtitle H of title I of the 1990 Act, none of the funds provided for q uality and innovation activities shall be used to support salaries and related expenses (including travel) attributable to C orporation for N ational and Community Service employees: Provided further, That of the amounts provided under this heading: (1) not more than $55,000,000 of grants made under subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program authorized under section 129(d)(2) of the 1990 Act and (2) $11,790,000 shall be to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and not- withstanding section 501(a)(4) of the 1990 Act .NATIO NA LSERV I C ETR U ST ( INCLU D IN G TRANS F ER OF FUNDS )F or necessary expenses for the National Service Trust estab- lished under subtitle D of title I of the National and Community Service Act of 1990 (‘‘1990 Act’’), $131,075,000, to remain available until expended: Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘‘ O perating Expenses’’ for grants made under sub- title C of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Commit- tees on Appropriations of the House of R epresentatives and the Senate: Provided further, That amounts appropriated for or trans- ferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to appor- tion funds under 31 U.S.C. 1513(b). SALARIES AND E XP ENSES For necessary expenses of administration as provided under section 501(a)(4) of the National and Community Service Act of 1990 and under section 504(a) of the Domestic V olunteer Service Act of 1973, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $71,715,000.


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Page:United States Statutes at Large Volume 123.djvu/815

 123STA T .795PUBLIC LA W 111 –8—M A R .11, 2 0 09 OF F ICE OFI NSP EC T O RG ENER ALFornec e s s a r y e xp enses o fth e O ff i ce of I nspector G enera l in carryin g o u t the Inspector General A ct of 1978,$6 , 5 1 2, 0 00 . A DM INISTRATI V E PROVISIONS S EC. 4 01. N ot w ithstan d ing any other pro v ision of law, the ter m‘ ‘ q ualified student loan ’ ’ with respect to national service edu - cation awards shall mean any loan determined b y an institution of higher education to be necessary to cover a student’s cost of attendance at such institution and made, insured, or guaranteed directly to a student by a State agency, in addition to other meanings under section 148 ( b ) (7) of the National and C ommunity Service Act of 1990. SEC. 402. Notwithstanding any other provision of law, funds made available under section 129(d)(5)( B ) of the National and Community Service Act of 1990 (‘‘1990 Act’’) to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives a grant under section 121 of the 1990 Act. SEC. 40 3 . T he Corporation for National and Community Service (‘‘the Corporation’’) shall ma k e any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2009, during any grant selection process, an officer or employee of the Corporation shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of the Corporation that is authori z ed by the Corporation to receive such information. SEC. 404. P rofessional Corps programs described in section 122(a)(8) of the National and Community Service Act of 1990 may apply to the Corporation for National and Community Service for a waiver of application of section 140(c)(2). SEC. 405. Notwithstanding 31 U .S.C. 1342, the Corporation for National and Community Service (‘‘the Corporation’’) may solicit and accept the services of organizations and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corporation under the national service laws
 * Provide

d, That an individual who provides services under this section shall be sub j ect to the same protections and limitations as volunteers under section 196(a) of the National and Community Service Act of 1990. SEC. 406. Organizations operating projects under the AmeriCorps E ducation Awards Program shall do so without regard to the requirements of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the National and Community Service Act of 1990. SEC. 407. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first three years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal R egulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the National and Community Service Act of 1990, and subject to partial waiver 42USC1 2 57 1 note.N ot ic e. Publ ic co m ment. D e f inition.


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Page:United States Statutes at Large Volume 123.djvu/816

 123STA T .796PUBLIC LA W 111 –8—M A R .11, 2 0 09 consi s te nt w it h section 25 2 1.70 o f tit l e 4 5 ,C o d eof F ede ra l R e gu la - tions. SEC .40 8 . N otwithstanding an y other p ro v ision of law, for m ula- b ased grants to States and territories under section 12 9( a ) (1) – (2) of the National and Community Service A ct of 1990 to operate AmeriCorps programs may be made if the application describes proposed positions into which participants will be placed, the pro- posed minimum q ualifications of such participants, and includes an assurance that the State will select national service programs for subgrants on a competitive basis, and an assurance that the aforementioned information will be provided for each subgrant awarded prior to the e x ecution of such subgrants. (TRANSF ER O FF U N D S ) SEC. 409. For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service T rust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available for grants under the National Service Trust P rogram under subtitle C of title I of the 1990 Act during such fiscal year may be transferred to the National Service Trust after notice is transmitted to the Committees on Appropriations of the H ouse of Representatives and the Senate, if such funds are initially obligated before the expiration of their period of availability. SEC. 410. O f the amounts provided in this Act which the Cor- poration for National and Community Service ( ‘ ‘the Corporation ’ ’) allocates for the provision of assistance under subsections 129(a) and (b) of the National and Community Service Act of 1990 (‘‘1990 Act’’), the Corporation shall apply the formula in section 129(a)(1) of the 1990 Act in such a manner so as to ensure that each State shall receive a minimum of $ 500,000
 * Provide

d , That, in no event shall the total amount allotted under section 129(a)(1) exceed 3 3 1⁄3 percent of the funds allocated by the Corporation for the provision of assistance under subsections 129(a) and (b) of the 1990 Act. SEC. 411. Notwithstanding section 139(b) of the National and Community Service Act of 1990 (‘‘1990 Act’’), an individual in an approved national service position performing full-time or part- time national service directly related to disaster relief efforts may continue in that term of service for a period of 6 months beyond the periods otherwise specified in sections 139(b) and 153(e) of the 1990 Act or section 104 of the D omestic V olunteer Service Act of 1973. Service in an extended term as provided under this section shall constitute a single term of service for purposes of sections 146(b) and (c) of the 1990 Act. SEC. 412. Donations made to the Corporation for National and Community Service (‘‘the Corporation’’) under section 196 of the National and Community Service Act of 1990 (‘‘1990 Act’’) for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitles B , C,D,or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. Deadlin e .Not i c e. 42USC1 2 60 1a.


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Page:United States Statutes at Large Volume 123.djvu/817

 123STA T .79 7 PUBLIC LA W 111 –8—M A R .11, 2 0 09 CORP OR ATI O NF OR PUBL I CB ROA D CA S TIN GForpayment tot h e Corporat i on f orP ubl i c Broa d ca s tin g(‘ ‘Cor - poration ’ ’ ), as authori z ed by the Communications A ct of 1934 ,an amount w hich shall be a v ailable within limitations specified by that Act, for the fiscal year 20 11, $ 430,000,000
 * Provide

d, T hat no funds made available to the Corporation by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for G overnment officials or employees: Provided fu r th er, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is e x cluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further, That no funds made available to the Corporation by this Act shall be used to apply any political test or q ualification in selecting, appointing, promoting, or ta k ing any other personnel action with respect to officers, agents, and employees of the Corpora- tion: Provided further, That for fiscal year 2009, in addition to the amounts provided above, $34, 5 91,000 shall be for costs related to digital program production, development, and distribution, associ- ated with the transition of public broadcasting to digital broad- casting, to be awarded as determined by the Corporation in con- sultation with public radio and television licensees or permittees, or their designated representatives: Provided further, That for fiscal year 2009, in addition to the amounts provided above, $2 6 ,642,000 is available pursuant to section 396(k)(10) of the Communications Act of 1934 for replacement and upgrade of the public radio inter- connection system: Provided further, That none of the funds made available to the Corporation by this Act, division G of the Consoli- dated Appropriations Act, 200 8, or the Continuing Appropriations R esolution, 200 7, shall be used to support the Television Future Fund or any similar purpose . F E DERAL M EDIATION AND CONCILIATION S ER V ICE SALARIES AND E X PENSES For expenses necessary for the Federal Mediation and Concilia- tion Service (‘‘Service’’) to carry out the functions vested in it by the L abor Management Relations Act, 1947, including hire of passenger motor vehicles for expenses necessary for the Labor- Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $45,476,000: Provided , That notwith- standing 31 U .S.C. 3302, fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign govern- ments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for education, training, and profes- sional development of the agency workforce: Provided further, That the D irector of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any pro j ects or functions within the Director’s jurisdiction. Polit i ca lt es t .


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Page:United States Statutes at Large Volume 123.djvu/818

 123STA T .798PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 FED E RALMIN E S A F E TY AND H EALT HR E V IE WCOM MI S SION SALARIES AND E XP ENSES F orexp e ns es ne c ess a r yf or th eFe d era l M i ne Safety and Health Re v ie w Co m mission ,$8, 653 , 0 00 .I NSTIT U TE OF MUSEUM AND L I B RARY SERVI C ES OFFICE OF MUSEUM AND LIBRARY SERVICES
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RANTS AND ADMINISTRATION For carryin g o u t the Museum and Li b rary Services A ct of 19 96 and the N ational Museum of African American History and Culture Act, $ 274 ,840,000, of which $10,737,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘ ‘ O ffice of Museum and Library Services: G rants and Administration ’ ’in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ) Provide d, T hat funds may be made available for support through inter - agency agreement or grant to commemorative Federal commissions that support museum and library activities, in partnership with libraries and museums that are eligible for funding under programs carried out by the Institute of Museum and Library Services. MEDICARE P AYMENT ADVISORY COMMISSION SALARIES AND EXPENSES For expenses necessary to carry out section 1805 of the Social Security Act, $11,403,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. NATIONAL COUNCIL ON D ISABILITY SALARIES AND EXPENSES For expenses necessary for the National Council on Disability as authori z ed by title I V of the Rehabilitation Act of 1973, $3,206,000. NATIONAL LABOR RELATIONS B OARD SALARIES AND EXPENSES For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $262,595,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bar- gaining units composed of agricultural laborers as referred to in section 2(3) of the Act of J uly 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated


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Page:United States Statutes at Large Volume 123.djvu/819

 123STA T .79 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 onamut ua l, non pr o fi t b a s is an d atl e ast 95 per c entoft h e w ater stored or supplied thereb y is used for farmin g purposes .NATION A LMED IATION B OA R D S ALARIES AND E XP ENSES F ore x penses necessary to carry out the pro v isions of the R ail - way L abor A ct, including emergency boards appointed by the P resi- dent, $12 ,992, 0 00. OC C U PATIONAL S A F ET Y AND H EALT H RE V IE WC O M MISSION SALARIES AND EXPENSES For expenses necessary for the Occupational Safety and Health Review Commission, $11,1 86 ,000. RAILROAD RETIREMENT BOARD DUAL B ENEFITS PAYMENTS ACCOUNT For payment to the D ual Benefits Payments Account, author- i z ed under section 15 ( d ) of the Railroad Retirement Act of 19 74, $72,000,000, which shall include amounts becoming available in fiscal year 2009 pursuant to section 224(c)(1)(B) of Public Law 98 – 76 and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits
 * Provide

d, T hat the total amount provided herein shall be credited in 12 approximately e q ual amounts on the first day of each month in the fiscal year. FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated chec k s, $150,000, to remain avail- able through September 3 0, 2010, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76. LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement Board ( ‘ ‘Board ’ ’) for administration of the Railroad Retirement Act and the Railroad U nemployment I nsurance Act, $105,463,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the rail- road unemployment insurance administration fund. LIMITATION ON THE OFFICE OF INSPECTOR G ENERAL For expenses necessary for the Office of Inspector G eneral (‘‘Office’’) for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $7,806,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided , That none of the funds


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Page:United States Statutes at Large Volume 123.djvu/820

 123STA T .80 0 PUBLIC LA W 111 – 8 —M A R .11, 200 9made a v a il a b lei n an yoth e rp ara g raph o f thi sAc t may be trans - ferred to the O ffice sed to carry out any such transfer; used to provide any office space , e q uipment, office supplies, communica- tions facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or a w ard for any personnel of the Office; used to pay any other operating e x pense of the Office; or used to reimburse the Office for any service provided, or expense incurred, by the Office, except as permitted pursuant to the last proviso under this heading in division G of the C onsolidated Appropriations Act, 20 0 8.SOCIAL S E C UR I TY A DM I N I S TRATION P AYMENTS TO SOCIAL SECURITY TRUST F UNDS F or payment to the Federal Old-Age and Survivors I nsurance T rust Fund and the Federal D isability Insurance Trust Fund, as provided under sections 20 1( m ) , 228(g), and 11 3 1(b)(2) of the Social Security Act, $ 20, 4 0 6 ,000. SUPPLEMENTAL SECURITY INCOME PRO G RAM For carrying out titles X IandX V I of the Social Security Act, section 401 of P ublic L aw 9 2 – 603, section 212 of Public Law 93– 66, as amended, and section 40 5 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Secu- rity Act, $30,4 7 1,537,000, to remain available until expended
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d, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury. For ma k ing, after J une 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2010, $15,400,000,000, to remain available until expended. LIMITATION ON ADMINISTRATI V EE X PENSES For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $15,000 for official reception and representation expenses, not more than $10,067,500,000 may be expended, as authori z ed by section 201(g)(1) of the Social Secu- rity Act, from any one or all of the trust funds referred to therein: Provided, That not less than $2,000,000 shall be for the Social Security Advisory B oard: Provided fu r th er, That unobligated bal- ances of funds provided under this paragraph at the end of fiscal year 2009 not needed for fiscal year 2009 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and soft- ware infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U .S.C. 7131, and for facilities or


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 123STA T .80 1 PUBLIC LA W 111 – 8 —M A R .11, 200 9sup p ort s e r vic es f or lab or or g a n i z ations pursuant to policies , regula - tions, or proce d ures referred to in section 7135( b ) of suc h title shall be m ade b y the S ecretary of the T reasury, w ith interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such e x penditures are made .F rom funds provided under the first paragraph, not less than $264, 0 00,000 shall be available for the cost associated with con- ducting continuing disability reviews under titles I I and XV Iof the Social Security A ct and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act. In addition to the amounts made available above, and sub j ect to the same terms and conditions, $240,000,000, for additional continuing disability reviews and redeterminations of eligibility
 * Provide

d , That the C ommissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these additional amounts, similar to the reports that were re q uired by section 103(d)(2) of P ublic L aw 104 – 121 for fiscal years 1 9 96 through 2002. In addition, $145,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursu- ant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66, which shall remain available until expended. To the extent that the amounts collected pursuant to such sections in fiscal year 2009 exceed $145,000,000, the amounts shall be available in fiscal year 2010 only to the extent provided in advance in appropriations Acts. In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. OF F ICE OFI NSP EC T O RG ENER AL( INCL UD ING TRANSFER OF FUNDS ) For expenses necessary for the O ffice of Inspector G eneral in carrying out the provisions of the Inspector General Act of 197 8, $28,000,000, together with not to exceed $70,127,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal D isability Insurance Trust Fund. In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘ ‘Limita- tion on Administrative E xpenses ’ ’, Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided, That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the H ouse of R epresentatives and the Senate. TITLE V GE N ERAL PROVISIONS SEC. 501. The Secretaries of Labor, Health and Human Serv- ices, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appro- priations provided in this Act. Such transferred balances shall Notice.R e p o r t s.


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Page:United States Statutes at Large Volume 123.djvu/822

 123STA T .80 2 PUBLIC LA W 111 – 8 —M A R .11, 200 9beus e dforth es am e p urpose , a n d for the same per i ods of time, for w hi c h the y were ori g ina l ly appropriated .SEC . 502 . N o part of any appropriation contained in this A ct shall remain a v ailable for obligation beyond the current fiscal year unless e x pressly so provided herein. SEC. 50 3 . ( a ) No part of any appropriation contained in this Act shall be used, other than for normal and recogni z ed executive - legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any k it, pamphlet, booklet, publication, radio, television, or video presentation designed to sup- port or defeat legislation pending before the C ongress or any State legislature, except in presentation to the Congress or any State legislature itself. (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. SEC. 50 4 . T he Secretaries of L abor and E ducation are author- ized to make available not to exceed $ 2 8 ,000 and $20,000, respec- tively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses the D irector of the F ederal M ediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds avail- able for ‘ ‘Federal Mediation and Conciliation Service, Salaries and expenses ’ ’; and the Chairman of the National Mediation B oard is authorized to make available for official reception and representa- tion expenses not to exceed $5,000 from funds available for ‘‘National Mediation Board, Salaries and expenses’’. SEC. 505. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypo- dermic in j ection of any illegal drug. SEC. 50 6 . W hen issuing statements, press releases, re q uests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipi- ents of Federal research grants, shall clearly state — ( 1 ) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. SEC. 50 7 . (a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. (b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term ‘‘health benefits coverage’’ means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. Defin i t i o n .Ab o r tion. N ee dl e di s trib u tion. L obb y in g .


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 123STA T .80 3 PUBLIC LA W 111 – 8 —M A R .11, 200 9SEC.508 . (a)Thelim i t ati ons esta b lishe d in the pr e c edin g sec - tion shall not appl y to an abortion — ( 1 )i f the pregnancy is the res u ltofanactofrapeor incest or ( 2 ) in the case w here a woman suffers from a physical disorder , physical in j ury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) N othing in the preceding section shall be construed as prohibiting the e x penditure by a State, locality, entity, or pri v ate person of State, local, or private funds (other than a State ’ sor locality’s contribution of M edicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State’s or locality’s contribution of Medicaid matching funds). (d)(1) None of the funds made available in this A ct may be made available to a F ederal agency or program, or to a State or local government, if such agency, program, or government sub- jects any institutional or individual health care entity to discrimina- tion on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) I n this subsection, the term ‘ ‘health care entity’’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organi z ation, a health maintenance organiza- tion, a health insurance plan, or any other k ind of health care facility, organization, or plan. SEC. 50 9 . (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 4 5 C F R 4 6 .204(b) and section 498(b) of the P ublic H ealth Service Act (42 U .S.C. 289g(b)). (b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. SEC. 510. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Con- trolled Substances Act except for normal and recognized executive- congressional communications. (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advan- tage. Drugsand drug a b us e. De fi ni t i o n. H u m an embr y os. A bortion.


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Page:United States Statutes at Large Volume 123.djvu/824

 123STA T .804PUBLIC LA W 111 – 8 —M A R .11, 200 9SEC.51 1. None o fth ef u n dsma dea v a il a b le in this Ac tma y be used to pr omul g ate or adopt any final standard under section 11 73( b ) of the Social Security Act providing for , or providing for the assignment of, a uni q ue health identifier for an individual (e x cept in an individual ’ s capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. SEC. 51 2 . None of the funds made available in this Act may be obligated or expended to enter into or rene w a contract with an entity if — (1) such entity is otherwise a contractor with the U nited States and is sub j ect to the requirement in 3 8 U.S. C. 4 212(d) regarding submission of an annual report to the Secretary of L abor concerning employment of certain veterans and (2) such entity has not submitted a report as required by that section for the most recent year for which such require - ment was applicable to such entity. SEC. 513. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States G overnment, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priation Act. SEC. 514. None of the funds made available by this Act to carry out the Library Services and T echnology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children’s I nternet P rotection Act, unless such library has made the certifications required by paragraph (4) of such section. SEC. 515. None of the funds made available by this Act to carry out part D of title II of the E lementary and Secondary Education Act of 1 96 5 may be made available to any elementary or secondary school covered by paragraph (1) of section 2441(a) of such Act, as amended by the Children’s Internet Protection Act and the No Child Left B ehind Act, unless the local educational agency with responsibility for such covered school has made the certifications required by paragraph (2) of such section. SEC. 516. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2 0 09, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorgani z es or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by F ederal employees; unless the Committees on Appropriations of the H ouse of R epresent- atives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier. Notif i ca tio ns.De a dl ines. R e p o r ts. C ontracts.


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 123STA T .805PUBLIC LA W 111 – 8 —M A R .11, 200 9(b)None o fth ef u n dspr o vi ded under this Ac t , or provided under previous a ppropriations Acts to the a g encies funded b y this Act that re m ain avai l able for obligation or e x penditure in fiscal year 20 0 9, or provided from any accounts in the T reasury of the U nited S tates derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $5 00,000 or 1 0 percent, w hichever is less, that — (1) augments existing programs, pro j ects (including construction projects), or activities (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by C ongress; or ( 3 ) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the H ouse of R epresent - atives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier . S EC. 51 7 . (a) None of the funds made available in this Act may be used to re q uest that a candidate for appointment to a F ederal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the wor k of the committee involved. (b) None of the funds made available in this Act may be used to disseminate scientific information that is deliberately false or misleading. SEC. 51 8 . W ithin 4 5 days of enactment of this Act, each depart- ment and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2009 that are different than those specified in this Act, the accompanying detailed table in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or the fiscal year 2009 budget request. SEC. 519. None of the funds in this Act may be used to employ workers described in section 274A(h)(3) of the I mmigration and Nationality Act. SEC. 520. The Secretaries of L abor, Health and Human Serv- ices, and E ducation shall each prepare and submit to the Commit- tees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $100,000 in value and awarded by the D epartment on a non-competitive basis during each quarter of fiscal year 2009, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. SEC. 521. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies Contrac t s. C e rt if ication. D ea dl ine. R e p orts. A liens. Deadline. O peratin g plan. S cientific infor m ation. P olitical disclos u res.


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Page:United States Statutes at Large Volume 123.djvu/826

 123STA T .806PUBLIC LA W 111 – 8 —M A R .11, 200 9inwr i t in g t o t hea gen cy awar d ing the contract or grant that , to the b e s to f its k now l edge and belief, the contractor or grantee has filed all F ederal ta x ret u rns re q uired during the three years p receding the certification, has not been con v icted of a cri m inal offense under the I nternal R evenue C ode of 1986 , and has not, more than 9 0 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the sub j ect of an installment agreement or offer in compromise that has been approved by the Internal Revenue S ervice and is not in default, or the assessment is the subject of a non - frivolous administrative or judicial proceeding . S EC. 52 2. N one of the funds appropriated in this A ct shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant ’ s number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208 ( a ) (6)or( 7 ) of the Social Security Act. SEC. 52 3 . (a) Section 1 4 002(a)(2)(A)(i) of division A of the Amer- ican Recovery and Reinvestment Act of 2009 ( P ublic L aw 111 – 5) is amended, in the matter preceding subclause (I), by inserting ‘ ‘education’’ after ‘‘secondary’’. (b) Section 14002(b)(1) of such division is amended by striking ‘‘14001’’ and inserting ‘‘14001(d)’’. (c) Section 14003(a) of such division is amended by striking ‘‘the Adult and Family Literacy Act (20 U .S.C. 1400 et seq.)’’ and inserting ‘‘the Adult E ducation and Family Literacy Act (20 U.S.C. 9201 et seq.)’’. (d) Section 14005(a) of such division is amended by striking ‘‘14001’’ and inserting ‘‘14001(d)’’. (e) Section 14005(d)(4)(C) of such division is amended by striking ‘‘6401(e)(1)(9)(A)(ii)’’ and inserting ‘‘6401(e)(1)(A)(ii)’’. (f) Section 14005(d)(5) of such division is amended — (1) by striking ‘‘1116(a)(7)(C)(iv)’’ and inserting ‘‘1116(b)(7)(C)(iv)’’ and (2) by striking ‘‘1116(a)(8)( B )’’ and inserting ‘‘1116(b)(8)(B)’’. (g) Section 14011 of such division is amended by inserting before the period at the end the following ‘‘, unless such funds are used to provide special education and related services to children with disabilities, as authori z ed by the Individuals with D isabilities Education Act (20 U.S.C. 1400 et seq.)’’. (h) Section 14012(c) of such division is amended to read as follows: ‘‘(c) C RIT ERI A .— T he Secretary shall not grant a waiver or modi- fication under this section unless the Secretary determines that the State receiving such waiver or modification will not provide for elementary, secondary, and public higher education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State than the percentage provided for such purpose in the preceding fiscal year.’’. Ante,p.286 . Ante, p. 28 5 . Ante, p. 28 3 . Ante, p. 282. Ante, p. 28 1 . Ante, p. 28 0.


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Page:United States Statutes at Large Volume 123.djvu/827

 123STA T .807PUBLIC LA W 111 – 8 —M A R .11, 200 9TI T LEV I AFGH A N ALLIE SPRO TE C TION ACT OF 20 0 9SEC.601 .S HORT T I T L E. T his A ctmaybe cite d as the ‘ ‘A fg ha n A l lies P ro tection Act of 2009 ’ ’ . SEC. 60 2 . P ROTECTIO NF OR A F G HAN ALLIES. ( a ) A P P RO PR IATE CO M MITTEE S O F CO NG RESS D EFINE D . — In this section , the term ‘‘a p propriate committees of Congress’’ means— ( 1 ) the Committee on Armed Ser v ices, the Committee on Foreign Relations, and the Committee on the Ju diciary of the Senate and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. (b) SPE C IA L IMMIGRANT STAT U S FOR CERTAIN AFG H ANS.— (1) IN GENERAL.—Sub j ect to paragraph ( 3 ), the Secretary of Homeland Security, or, not w ithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph (A), ( B ), or (C) of paragraph (2) with the status of a special immigrant under section 101(a)(2 7 ) of the Immigra - tion and Nationality Act ( 8U .S.C. 1101(a)(27)), if the alien— (A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)( 4 ) of such Act (8 U.S.C. 11 5 3(b)(4)); (B) is otherwise eligible to receive an immigrant visa; (C) is otherwise admissible to the United States for permanent residence (e x cluding the grounds for inadmis- sibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); and (D) clears a bac k ground check and appropriate screening, as determined by the Secretary of Homeland Security. (2) ALIENS DESCRI B ED.— (A) PRINCIPAL ALIENS.—An alien is described in this subparagraph if the alien— (i) is a citi z en or national of Afghanistan; (ii) was or is employed by or on behalf of the United States Government in Afghanistan on or after October 7, 2001, for not less than one year; (iii) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior super- visor or the person currently occupying that position, or a more senior person, if the employee’s senior super- visor has left the employer or has left Afghanistan; and (iv) has experienced or is experiencing an ongoing serious threat as a conse q uence of the alien’s employ- ment by the United States Government. (B) SPOUSE OR CHILD.—An alien is described in this subparagraph if the alien— Afghan A l l iesProt e c tion Act of 20 0 9.8USC1 101 note.


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 123STA T .80 8 PUBLIC LA W 111 – 8 —M A R .11, 200 9(i) i sthe s pou seo rc hi ld o fa pri n cipal alien descri b ed in subpara g raph ( A ) and (ii) is acco m pan y ing or follo w ing to j oin the prin - cipal alien in the U nited S tates . ( C )S URVI VI NGSPO US E OR CH I LD . — An alien is described in this subparagraph if the alien— (i) was the spouse or child of a principal alien described in subparagraph (A) who had a petition for classification appro v ed pursuant to this section or sec- tion 1059 of the N ational D efense Authori z ation Act for F iscal Y ear 2 00 6 ( P ublic L aw 109 – 16 3 8 U.S.C. 1101 note) which included the alien as an accom- panying spouse or child; and (ii) due to the death of the principal alien— ( I ) such petition was revo k ed or terminated (or otherwise rendered null); and (II) such petition would have been approved if the principal alien had survived. (D) APPROV A L BY CHIE F OF M ISSION RE Q UIRED.—A rec- ommendation or evaluation re q uired under subparagraph (A)(iii) shall be accompanied by approval from the appro- priate Chief of M ission , or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records main- tained by the United States G overnment or hiring organiza- tion or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section. (3) NUMERICAL LIMI T ATIONS.— (A) IN GENERAL.— Ex cept as provided in subparagraph (C), the total number of principal aliens who may be pro- vided special immigrant status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013. ( B )E X CLUSION FROM NUMERICAL LIMITATIONS.—Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)( 4 ) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). (C) CARRY FOR W ARD.— (i) FISCAL YEARS 20 0 9 THROUGH 20 13 .—If the numer- ical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numer- ical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— (I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and (II) the number of principal aliens provided special immigrant status under this section during the given fiscal year. (ii) FISCAL YEAR 201 4 .—If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this Riska ss e ss m e nt. Re cord s.


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 123STA T .809PUBLIC LA W 111 – 8 —M A R .11, 2009 sub s ectionf o r fisc aly ear 2014 s h allbee q ual to the d ifference bet w een —(I) the nu m erical limitation determined under clause (i) for fiscal year 201 3; and (II) the number of p rincipal aliens pro v ided such status under this section durin g fiscal year 2013 . (4) PROHIB I T IO N ON FE E S .— T he S ecretary of H omeland Security or the Secretary of State may not charge an alien described in subparagraph ( A ) , ( B ),or( C ) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa under this section. ( 5 ) ASSIST A N C E W ITH P ASSPORT ISS U ANCE.—The Secretary of State shall ma k e a reasonable effort to ensure that an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided with the appropriate series Afghan pass - port necessary to enter the U nited States. ( 6 ) PROTECTION OF A L IENS.—The Secretary of State, in consultation with the heads of other appropriate F ederal agen- cies, shall make a reasonable effort to provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is seeking special immigrant status under this subsection protection or to immediately remove such alien from Afghanistan, if possible, if the Secretary determines, after consultation, that such alien is in imminent danger. ( 7 ) O THER ELI G IBILIT Y FOR I M MIGRANT STATUS.— N o alien shall be denied the opportunity to apply for admission under this subsection solely because such alien qualifies as an imme- diate relative or is eligible for any other immigrant classifica- tion. ( 8 ) R ESETTLEMENT SUPPORT.—A citi z en or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for resettlement assist- ance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (8 U.S.C. 1157) for a period not to e x ceed 8 months. ( 9 )A DJ USTMENT OF STATUS.—Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland Security may ad j ust the status of an alien described in subpara- graph (A), (B), or (C) of paragraph (2) of this subsection or in section 1244(b) of the Refugee Crisis in Iraq Act of 2007 (Public L aw 110 – 181; 122 Stat. 397) to that of an alien lawfully admitted for permanent residence under subsection (a) of such section 245 if the alien— (A) was paroled or admitted as a nonimmigrant into the United States; and (B) is otherwise eligible for special immigrant status under— (i)(I) this subsection; or (II) such section 1244(b); and (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (10) REPORT ON IMPLEMENTATION AND AUTHORITY TO CARRY OUT ADMINISTRATI V E MEASURES.—


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Page:United States Statutes at Large Volume 123.djvu/830

 123STA T .8 1 0PUBLIC LA W 111 – 8 —M A R .11, 200 9(A)REQUIR E M E NTFO RRE P ORT .—Notla t er t h a n one y ear a f ter the d ate of the ena c t m ent of th is Act , the S ec - retary of H omeland Sec u rity and the Secretary of State, in consultation w ith the Secretary of D efense, shall su b mit tothea p propriate committees of C on g ress a report on the implementation of this subsection. ( B ) CONTENT OF REPORT.— T he report re q uired by subparagraph (A) shall describe actions ta k en, and addi- tional administrati v e measures that may be needed, to ensure the integrity of the program established under this subsection and the national security interests of the U nited States related to such program. (C) AUT H ORIT Y TO CA RRY OUT A D MINI S TRATI V E MEAS- URES.—The Secretary of Homeland Security and the Sec- retary of State shall implement any additional administra- tive measures described in subparagraph (B) as they may deem necessary and appropriate to ensure the integrity of the program established under this subsection and the national security interests of the United States related to such program. ( 1 1) ANNUA L REPORT ON USE OF SPECIAL IMMI G RANT STATUS.— (A) REQUIREMENT.—Not later than 1 20 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on the number of citi z ens or nationals of Afghanistan or I raq who have applied for status as special immigrants under this sub- section or section 12 4 4 of the Refugee Crisis in Iraq Act of 200 7 ( P ublic L aw 110 – 1 8 1 122 Stat. 396 ). (B) CONTENT.— E ach report required by subparagraph (A) submitted in a fiscal year shall include the following information for the previous fiscal year (i) The number of citizens or nationals of Afghani- stan or Iraq who submitted an application for status as a special immigrant pursuant to this section or section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 122 Stat. 396), disaggregated— (I) by the number of principal aliens applying for such status; and (II) by the number of spouses and children of principal aliens applying for such status. (ii) The number of applications referred to in clause (i) that— (I) were approved; or (II) were denied, including a description of the basis for each denial. (c) INFORMATION REGARDING CITI Z ENS OR NATIONALS OF AFGHANISTAN EMPLOYED B Y THE UNITED STATES OR F EDERAL CON- TRACTORS IN AFGHANISTAN.— (1) REQUIREMENT TO COMPILE INFORMATION.— (A) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, the Secretary of Defense, the Secretary of Homeland Secu- rity, the Secretary of State, and the Secretary of the Treasury shall— Deadlin e .R e cor d s .