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 123STA T . 2 87 3 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9WaterD e v e lopm e n t A ppropr i ation A c t s to an y ot h er appropriation availa b le to the S ecretary in the same Act f ors u ch reimbursements .( b ) Where the Secretary recovers the costs of d efined benefit pension plans for contractor employees throu g h charges for the indirect costs of research and activities at facilities of the Depart - ment of E nergy , if the indirect costs attributable to defined benefit pension plan costs in a fiscal year are more than charges in fiscal year 20 0 8, the Secretary shall carry out a transfer of funds under this section. (c) I n carrying out a transfer under this section, the Secretary shall use each appropriation made available to the Department in that fiscal year as a source for the transfer, and shall reduce each appropriation by an e q ual percentage, e x cept that appropria- tions for w hich the Secretary determines there exists a need for additional funds for pension plan costs in that fiscal year, as well as appropriations made available for the P ower M ar k eting Adminis- trations, the title XV II loan guarantee program, and the F ederal Energy R egulatory C ommission, shall not be sub j ect to this require- ment. (d) Each J anuary, the Secretary shall report to the Committees on Appropriations of the H ouse of Representatives and the Senate on the state of defined benefit pension plan liabilities in the Depart- ment for the preceding year. (e) T his transfer authority does not apply to supplemental appropriations, and is in addition to any other transfer authority provided in this or any other Act. The authority provided under this section shall expire on September 3 0, 20 15 . (f) The Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate in writing not less than 30 days in advance of each transfer authori z ed by this section. S EC . 30 9 . (a) Subject to subsection (b), no funds appropriated or otherwise made available by this Act or any other Act may be used to record transactions relating to the increase in borrowing authority or bonds outstanding at any time under the Federal Columbia River Transmission System Act (1 6U .S.C. 838 et seq.) referred to in section 4 01 of division A of the American Recovery and Reinvestment Act of 2009 (Public L aw 111 – 5 123 Stat. 140) under a funding account, subaccount, or fund symbol other than the B onneville Power Administration Fund Treasury account fund symbol. (b) Funds appropriated or otherwise made available by this Act or any other Act may be used to ensure, for purposes of meeting any applicable reporting provisions of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 115), that the Bonneville Power Administration uses a fund symbol other than the Bonneville Power Administration Fund Treasury account fund symbol solely to report accrued expenditures of projects attributed by the Administrator of the Bonneville Power Administration to the increased borrowing authority. (c) This section is effective for fiscal year 2010 and subsequent fiscal years. SEC. 310. Section 1 7 02 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following new subsection

‘(k) W AG ERA T ERE QUIR E M E N T S . — All laborers and mechanics employed by contractors and subcontractors in the performance Ef f ectiv e da te .Bor ro w i ng a u t h orit y . N otification. D ead l ine. E xp iration date. Deadline. R eport s . Deter m ination.


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 123STA T . 2 874PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9ofc o nstru ct i on w or k fin a nc ed inw h o l eorin p art by a loan g uaran - teed under this title shall be paid wages at rates not less than those pre v ailing on pro j ects of a character si m ilar in the locality as determined by the S ecretary of L abor in accordance with sub- chapter IV of chapter 31 of title 40,U nited States C ode .W ith respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in R eorga- ni z ation P lan N umbered 14 of 1 95 0 (6 4 Stat. 1 2 6 7; 5 U.S.C. A pp. ) and section 3145 of title 40, United States Code. ’ ’. S EC. 311. None of the funds made available by this Act may be used to make a grant allocation, discretionary grant award, discretionary contract award, O ther T ransaction Agreement, or to issue a letter of intent totaling in e x cess of $ 1,000,000, or to announce publicly the intention to make such an award, including a contract covered by the F ederal Ac q uisition Regulation, unless the Secretary of E nergy notifies the Committees on Appropriations of the Senate and the H ouse of Representatives at least 3 full business days in advance of making such an award or issuing such a letter
 * Provide

d, That if the Secretary of the D epartment of Energy determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification and the Committees on Appropriations of the Senate and the House of Representatives shall be notified not later than 5 full business days after such an award is made or letter issued. SEC. 312. (a) U LTRA E F F I CIE N TVE H ICLE S . — Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting ‘ ‘an ultra efficient vehicle or’’ after ‘‘means’’; and ( B ) by adding at the end the following new paragraph: ‘‘(5) ULTRA EFFICIENT V EHICLE.—The term ‘ultra efficient vehicle’ means a fully closed compartment vehicle designed to carry at least 2 adult passengers that achieves— ‘‘(A) at least 75 miles per gallon while operating on gasoline or diesel fuel; ‘‘(B) at least 75 miles per gallon equivalent while oper- ating as a hybrid electric-gasoline or electric-diesel vehicle; or ‘‘(C) at least 75 miles per gallon equivalent while oper- ating as a fully electric vehicle.’’; (2) in subsection (b)— (A) by inserting ‘‘, ultra efficient vehicle manufactur- ers,’’ after ‘‘automobile manufacturers’’; (B) in paragraph (1)— (i) by striking ‘‘or’’ at the end of subparagraph (A); (ii) by striking ‘‘and’’ at the end of subparagraph (B) and inserting ‘‘or’’; and (iii) by adding at the end the following new subparagraph: ‘‘(C) ultra efficient vehicles; and’’; and (C) in paragraph (2), by inserting ‘‘, ultra efficient vehicles,’’ after ‘‘qualifying vehicles’’; Defin i t i o n . Dete rm in a tion. G rant s . C ontra c ts. N otifications. Dea dl ines.

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


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 123STA T . 2 875PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9(3)insub s ect i o n( g ) , b y inse r ting ‘ ‘or a re uti l i z e dp ri m arily f ort h e manufacture of ultra efficient v ehicles ’ ’ after ‘‘ 20 years’’ and ( 4 ) in subsection (h)( 1 )( B ), by stri k ing ‘‘automobiles’’ the first place it appears and inserting ‘‘ultra efficient vehicles, automobiles,’’ . (b) RECONSID E RAT ION O FP RIOR AP P L ICATIONS. —T he S ecretary of E nergy shall reconsider applications for assistance under section 13 6 of the Energy I ndependence and Security Act of 200 7 (42 U .S. C . 17013) that w ere— (1) timely filed under that section before J anuary 1, 200 9 (2) re j ected on the basis that the vehicles to which the proposal related were not advanced technology vehicles; and (3) related to ultra efficient vehicles. SEC. 313. (a) E x cept as provided in subsection (b), none of the funds appropriated or otherwise made available by this title for the Strategic Petroleum Reserve may be made available to any person that as of the enactment of this Act— (1) is selling refined petroleum products valued at $ 1,000,000 or more to the Islamic Republic of Iran; (2) is engaged in an activity valued at $1,000,000 or more that could contribute to enhancing the ability of the Islamic Republic of Iran to import refined petroleum products, including— (A) providing ships or shipping services to deliver refined petroleum products to the Islamic Republic of Iran; (B) underwriting or otherwise providing insurance or reinsurance for such an activity; or (C) financing or brokering such an activity; or (3) is selling, leasing, or otherwise providing to the Islamic Republic of Iran any goods, services, or technology valued at $1,000,000 or more that could contribute to the maintenance or expansion of the capacity of the Islamic Republic of Iran to produce refined petroleum products. (b) The prohibition on the use of funds under subsection (a) shall not apply with respect to any contract entered into by the United States G overnment before the date of the enactment of this Act. (c) If the Secretary determines a person made ineligible by this section has ceased the activities enumerated in (a)(1) – (3), that person shall no longer be ineligible under this section. SEC. 314. Section 132 of the Energy and W ater D evelopment Appropriations Act of 2006 (119 Stat 2261) is amended— (1) in subsection (a)(3), by striking ‘‘Corps of Engineers’’ and inserting ‘‘Southwestern Power Administration’’; (2) by adding at the end of subsection (a) the following new paragraph ‘‘( 5 )PA YM ENT TO NON - FEDERAL LICENSEE.—Southwestern Power Administration shall compensate the licensee of F ederal Energy Regulatory Commission Project N o. 2221 pursuant to paragraph (3) using receipts collected from the sale of Federal power and energy related services. Pursuant to paragraph (6), Southwestern Power Administration will begin collecting receipts in the Special Receipts and Disbursement account upon the date of enactment of this paragraph. Payment to the licensee of Federal Energy Regulatory Commission Project No. 2221 shall be paid as soon as ade q uate receipts are collected Det e rmina ti o n .P etro l e u man dp etroleum produ c t s . I ran. 42USC170 1 3 note.


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 123STA T . 2 876PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9intheSp e c i alR eceipt s an dD is bur se m ent A cc o unt to f ull y compensate the licensee , and in accordance w ith para g raph (2), such payment shall be considered non - reimbursable .’ ’ ( 3 ) by adding at the end of subsection (a) the following new paragraph

‘( 6 ) T he Southwestern P ower Administration shall com- pensate the licensee of F ederal E nergy Regulatory C ommission Pro j ect N o. 222 1 in annual payments of not less than $5, 0 00,000, until the licensee of Federal Energy Regulatory Commission Project No. 2221 is fully compensated pursuant to paragraph (3). At the end of each fiscal year subse q uent to implementation, any remaining balance to be paid to the licensee of Project No. 2221 shall accrue interest at the 30- year U .S. Treasury bond rate in effect at the time of implementation of the W hite Ri v er M inimum Flows project.’’; ( 4 ) by adding at the end of subsection (a) the following new paragraph: ‘‘( 7 )E STABLI S HMEN T OF S P E C IAL R ECEIPT AN D DISB U RSE- MENT ACCOUNTS. — There is established in the Treasury of the United States a special receipt account and corresponding disbursement account to be made available to the Administrator of the Southwestern Power Administration to disburse pre- collected receipts from the sale of federal power and energy and related services. The accounts are authori z ed for the fol- lowing uses: ‘‘(A) Collect and disburse receipts for purchase power and wheeling e x penses incurred by Southwestern Power Administration to purchase replacement power and energy as a result of implementation of the White River Minimum Flows project. ‘‘( B ) Collect and disburse receipts related to compensa- tion of the licensee of Federal Energy Regulatory Commis- sion Project No. 2221. ‘‘(C) Said special receipt and disbursement account shall remain available for not more than 12 months after the date of full compensation of the licensee of Federal Energy Regulatory Commission Project No. 2221.’’; and (5) by adding at the end of subsection (a) the following new paragraph: ‘‘( 8 ) TIME OF IMPLEMENTATION.—For purposes of para- graphs (3) and (4), ‘time of implementation’ shall mean the authorization of the special receipt account and corresponding disbursement account described in paragraph (7).’’. T I T L EI V INDEPENDENT A G ENCIES APPALACHIAN RE G IONAL COMMISSION For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1 9 65, as amended, for necessary expenses for the Federal Co-Chairman and the Alter- nate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of


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 123STA T . 2 87 7 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9pas s eng e rmot or v e hicl es ,$76, 0 00,000, to remain availa b le u ntil e x pen d ed .DEF E NS E NUCL E ARF AC I LI T IES S AFET YBO AR D SALARIES AND E XP ENSES For necessar y expenses o f the Defense Nuclear Facilities Safety Board in carrying out activities authori z ed by the A tomic E nergy Act of 1954 , as amended by P ublic L a w 100 – 456, section 1441, $ 2 6,0 8 6,000, to remain available until expended. DELTA R E G IONAL AUT H ORITY SALARIES AND EXPENSES For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 3 82 C( b ) (2), 382F(d), 382 M , and 382N of said Act, $13,000,000, to remain available until expended
 * Provide

d, T hat no funds in this Act shall be expended for the relocation of the Delta Regional Commission head q uarters. DENALI CO M MISSION For expenses of the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $11,965,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998. NORTHERN BORDER REGIONAL COMMISSION For necessary expenses of the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, U nited States Code, $1,500,000, to remain available until expended. SOUTHEAST CRESCENT REGIONAL COMMISSION For necessary expenses of the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended. NUCLEAR REGULATORY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including official representation expenses (not to exceed $25,000), $1,056,000,000, to remain available until expended: Provided, That of the amount appropriated herein, $29,000,000 shall be derived from the Nuclear W aste Fund: Provided fu r th er, That revenues from licensing fees, inspection services, and other services and collections estimated at $902,402,000 in fiscal year 2010 shall be retained and used


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 123STA T . 2 87 8 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9fornec e s s a r y sa l ar i es an d e xp enses in th is acco u nt , not w ithstandin g31U.S. C .33 02, and shall re m ain a v aila b le until expended
 * Provide

d fu r th er, T hat the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2010 so as to result in a final fiscal year 2010 appropriation estimated at not more than $ 1 5 3,5 98 ,000: Provided further, That of the amounts appropriated, $10,000,000 is provided to support university research and development in areas relevant to their respective organi z ation ’ s mission, and $5,000,000 is to support a N uclear Science and E ngineering G rant P rogram that will support multiyear pro j ects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. OF F ICE OFI NSP EC T O RG ENER ALF or necessary expenses of the O ffice of I nspector General in carrying out the provisions of the Inspector General A ctof19 7 8, as amended, $10,8 6 0,000, to remain available until expended: Pro - vided, That revenues from licensing fees, inspection services, and other services and collections estimated at $9,77 4 ,000 in fiscal year 2010 shall be retained and be available until expended, for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2010 so as to result in a final fiscal year 2010 appropriation estimated at not more than $1,086,000. N U CLEAR W ASTE TEC H NICAL R E V IE WB OAR D SALARIES AND E X PENSES For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by Public L aw 100 – 203, section 5051, $3,891,000, to be derived from the Nuclear Waste Fund, and to remain available until expended. OFFICE OF THE FEDERAL COORDINATOR FOR ALAS K A NATURAL GAS TRANSPORTATION PRO J ECTS For necessary expenses for the Office of the Federal Coordinator for Alas k a Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act of 2004, $4,466,000 until expended: Provided, That any fees, charges, or commissions received pursuant to section 802 of Public Law 110–140 in fiscal year 2010 in excess of $4,683,000 shall not be available for obligation until appropriated in a subse q uent Act of Congress. GENERAL PROVISIONS SEC. 401. The Nuclear Regulatory Commission shall, not later than 60 days after the date of enactment of this Act, provide a report to the Committees on Appropriations of the H ouse of Representatives and the Senate identifying barriers to and its rec - ommendations for streamlining the issuance of a Combined Construction and Operating License for qualified new nuclear reac- tors. SEC. 402. Section 382B of the D elta Regional Authority Act of 2000 is amended by deleting ( c ) (1) and inserting in lieu thereof 7USC20 0 9a a –1.De a dlin e. R e ports .


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 123STA T . 2 879PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 09 thefol lo wing:‘ ‘‘ (1)INGE NE RAL—VOTI NG . — Ad e c i s ion by the A u tho r ity sh a ll re q uire the affir m ati v e vote of the F ederal cochair -p erson and a ma j ority of the S tate members (not including any member representing a State that is delinquent under subsection (g)( 2 )( C )) to be effective. ’ ’. SE C. 403 . T he N uclear R egulatory Commission may use funds made available for the necessary e x penses of the Nuclear Regulatory Commission for the acquisition and lease of additional office space provided by the G eneral Services Administration in accordance with the fourth and fifth provisos in the matter under the heading ‘‘Salaries and expenses’’ under the heading ‘‘Nuclear Regulatory Commission’’ under the heading ‘‘Independent agencies’’ of title I V of division C of the O mnibus Appropriations Act , 200 9 ( P ublic L aw 111 –8; 123 Stat. 6 29). TITL E V GENERAL PROVISIONS SEC. 5 01. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to M embers of Congress as described in 18 U .S.C. 1913. SEC. 502. To the extent practicable funds made available in this Act should be used to purchase light bulbs that are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy Management Program’’ designation. SEC. 503. Title IV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended by adding at the end of the title, the following new section 411: ‘‘SEC. 411. Up to 0.5 percent of each amount appropriated to the D epartment of the Army and the B ureau of Reclamation in this title may be used for the expenses of management and oversight of the programs, grants, and activities funded by such appropriation, and may be transferred by the H ead of the Federal Agency involved to any other appropriate account within the depart- ment for that purpose: Provide d , That the Secretary will provide a report to the Committees on Appropriations of the House of Representatives and the Senate 30 days prior to the transfer: Pro - vided fu r th er, That funds set aside under this section shall remain available for obligation until September 30, 2012.’’. SEC. 504. (a) DE F INITION S .—In this section: (1) A DM INISTRATIVE E XP ENSES.—The term ‘‘administrative expenses’’ has the meaning as determined by the Director under subsection (b)(2). (2) AGENC Y .—The term ‘‘agency’’— (A) means an agency as defined under section 1101 of title 31, United States Code, that is established in the executive branch and receives funding under this Act; and (B) shall not include the District of Columbia govern- ment. (3) DIRECTOR.—The term ‘‘Director’’ means the Director of the Office of Management and Budget. (b) ADMINISTRATIVE EXPENSES.— 31USC 11 05note.R e p o r t s. D e adli ne. L o b b y in g .


text: Dictionary of National Biography, 1885-1900/Moore, Francis (fl.1744)


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 123STA T . 2 8 8 0PUBLIC LA W 111 – 8 5—O CT. 28 , 200 9LEGIS L AT I V E H IST ORY— H . R. 318 3 HO U SE RE P ORTS: Nos . 111 –20 3 (C o m m.o n A p p r opr iat ions ) an d 111–2 7 8 (Comm. o f Conf e ren c e). CONGRESSIONAL RECOR D, Vo l .1 5 5 (200 9 ): Ju l y 15, 17, considered and passed House. July 27–29, considered and passed Senate, amended. Oct. 1, House a g reed to conference report. Oct. 8, 1 4, 15, Senate considered and agreed to conference report. (1)INGE NE RAL.—Al l agenci e s s h all incl ud ease p a r a t e cat - eg o r yf or ad m inistrati v ee x penses w hen su b mitting their appro- priation re q uests to the O ffice of M anagement and B udget for fiscal year 20 11 and each fiscal year thereafter. (2) A DMI NI ST RATI V EE XP ENSES DETERMINED.—In consulta- tion with the agencies , the D irector shall establish and revise as necessary a definition of administration expenses for the purposes of this section. All questions regarding the definition of administrative expenses shall be resolved by the Director. (c) B U DGET S U B MISSI O N.— E ach budget of the U nited States G overnment submitted under section 110 5 of title 3 1, United States C ode, for fiscal year 2011 and each fiscal year thereafter shall include the amount requested for each agency for administrative expenses. SE C . 505. N one of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in this Act or any other appropria- tion Act. SEC. 50 6 . Specific pro j ects contained in the report of the Com- mittee on Appropriations of the H ouse of R epresentatives accom- panying this Act (H. Rept. 111 – 203) that are considered congres- sional earmar k s for purposes of clause 9 of rule X XI of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, shall be awarded under a full and open competition. SEC. 50 7 . (a) T he Continuing Appropriations Resolution, 2010 is amended— (1) in subsections (a) and (b) of section 15 8, by striking ‘ ‘section 158 ’ ’ each place it appears and inserting ‘‘section 157’’ and (2) in section 162, by striking ‘‘sections 158 through 162’’ and inserting ‘‘sections 157 through 161’’. (b) The amendments made by subsection (a) shall take effect as if included in the enactment of the Continuing Appropriations Resolution, 2010. This Act may be cited as the ‘‘Energy and W ater Development and Related Agencies Appropriations Act, 2010’’. Approved October 28, 2009. Ef f ectiv e da te .Ante,p . 2053 . Ante, p. 205 1 . Ea rm ar ks.


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 123STA T . 2 8 81 PUBLIC LA W 111 – 8 6—O CT. 2 9, 2 0 09 PublicLaw1 11 –86 111 thCongres s A n Act Torequi re th e S e c ret a r y o f the Trea s ury to m i n t coins in commemoration of the centennia l of the esta b lishment of the G irl Scouts of the U nite d States of A merica .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ G i rlS c ou ts U SA C e n tennial Commemorati v e Coin Act ’ ’ . SEC. 2 . F IN D IN G S. The Con g ress f ind as follo w s
 * (1)

The Girl Scouts of the United States of America is the world’s p reeminent organi z ation dedicated solely to girls where they build character and s k ills for success in the real world. ( 2 ) I n1 9 11 ,J uliette Gordon L ow met Sir R obert B aden -P owell, a war hero and the founder of the Boy Scouts. ( 3 ) W ith Baden-Powell’s help and encouragement, Juliette Gordon Low made plans to start a similar association for Amer- ican girls. ( 4 ) O n M arch 12, 1912, Juliette Gordon Low organized the first 2 Girl Scout Troops in Savannah, Georgia consisting of1 8 members. ( 5 ) Low devoted the ne x t 15 years of her life to building the organization, which would become the largest voluntary association for women and girls in the United States. ( 6 ) Low drafted the Girl Scout laws, supervised the writing of the first handbook in 1913, and provided most of the financial support for the organization during its early years. ( 7 ) The Girl Scouts of the United States of America was chartered by the United States Congress in 195 0 in title 36, United States Code. (8) Today there are more than 3,700,000 members in 236,000 troops throughout the United States and United States territories. (9) Through membership in the World Association of Girl Guides and Girl Scouts, Girls Scouts of the United States of America is part of a worldwide family of 10,000,000 girls and adults in 145 countries. (10) More than 50,000,000 American women en j oyed Girl Scouting during their childhood — and that number continues to grow as Girl Scouts of the United States of America continues to inspire, challenge, and empower girls everywhere. GirlScoutsU S ACen tenni a l Co m memorati v e Coin Act .31 USC 5 11 2 note. O ct. 2 9, 2 0 09 [H . R. 6 21 ]


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 123STA T . 2 8 82 PUBLIC LA W 111 – 8 6—O CT. 2 9, 2 0 09 (1 1 )March 1 2, 2 0 12 wil l m ar kt h e 100th An ni v er s ar yof the G irl S co u ts of the U nite d States of America .SEC.3 .C OIN S P ECI F IC AT IONS. (a) $ 1S ILVERCO I NS . —T he Secretary of the Treasury (hereafter in this Act referred to as the ‘ ‘Secretary ’ ’) shall mint and issue not more than 35 0,000 $1 coins in commemoration of the centennial of the Girl Scouts of the USA, each of which shall— (1) wei g h2 6 . 7 3 grams (2) have a diameter of 1.500 inches; and (3) contain 9 0 p ercent silver and 10 percent copper. ( b ) L E GA L TEN D ER.—The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) NUM ISMA T I CI TEMS.— F or purposes of sections 513 4 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4 . D ESI G N OF COINS. (a) D ESIGN R E Q UIREMENTS.— (1) IN GENERAL.—The design of the coins minted under this Act shall be emblematic of the centennial of the Girl Scouts of the United States of America. (2) DESIGNATION AND INSCRI P TIONS.— O n each coin minted under this Act, there shall be— (A) a designation of the value of the coin; ( B ) an inscription of the year ‘‘2013’’; and (C) inscriptions of the words ‘‘Liberty’’, ‘‘In God W e Trust’’, ‘‘United States of America’’, and ‘‘ EP luribus Unum’’. (b) SELECTION.—The design for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Girl Scouts of the United States of America and the Commission of Fine Arts; and (2) reviewed by the Citi z ens Coinage Advisory Committee. SEC. 5 . ISS U ANCE OF COINS. (a) Q UALIT Y O F COINS.—Coins minted under this Act shall be issued in uncirculated and proof q ualities. (b) MINT FACILITY.— (1) IN GENERAL.—Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2)USEOFT H E UNITED STATES MINT AT W EST POINT, NEW YOR K .—It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New Y ork, to the greatest e x tent possible. (c) PERIOD FOR ISSUANCE.—The Secretary may issue coins under this Act only during the calendar year beginning on J anuary 1, 2013.


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 123STA T . 2 8 83 PUBLIC LA W 111 – 8 6—O CT. 2 9, 2 0 09 SEC.6 .S AL E OF CO IN S. (a)SALEPRIC E .—Thecoins iss u e d unde rt his A ct sha l l b e sold b y the Secretary at a p rice e q ual to the su m o f — ( 1 ) the face v alue of the coins ( 2 ) the surchar g e provided in section 7w ith respect to such coins; and ( 3 ) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead e x penses, mar k eting, and shipping). (b) BU L K SALE S .—The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) PRE P AI DO RDERS.— (1) ING ENERAL.—The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) D ISC O UN T .—Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7 .S UR C H AR G ES. (a) IN G ENERAL.—All sales of coins issued under this Act shall include a surcharge of $ 1 0 per coin. (b) DISTRI B UTION.—Sub j ect to section 5 13 4 (f) of title 31, U nited States C ode, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Girl Scouts of the United States of America to be made available for Girl Scout program development and delivery. (c) AUDITS.—The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Girl Scouts of the United States of America as may be related to the expenditures of amounts paid under subsection (b). (d) L I M ITATION.— N otwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemora - tive coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8 . T ECHNICAL AN D CONFOR M ING AMENDMENTS. (a) CONTINUED ISSUANCE O F CERTAIN COMMEMORATI V E COINS M INTED IN 200 9 .—Notwithstanding sections 303 and 304 of the Presidential $1 Coin Act of 2005 (31 U.S.C. 5112 note), the Secretary of the Treasury may continue to issue numismatic items that con- tain 1-cent coins minted in 2009 after December 31, 2009, until not later than J une 30, 2010. (b) DISTRIBUTION OF SURC H ARGES.—Section 7 of the Jamestown 400th Anniversary Commemorative Coin Act of 2004 (31 U.S.C. 5112 note) is amended— (1) in subsection (b)(2)(B), by striking ‘ ‘in equal shares ’ ’ and all that follows through the period at the end and inserting ‘‘in the proportion specified to the following organi z ations for the purposes described in such subparagraph


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 123STA T . 2 8 8 4PUBLIC LA W 111 – 8 6—O CT. 2 9, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 621:C O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 0 9) O ct .1 3 ,co nsider ed a nd p assed Ho u se. Oct. 19, considered and passed Senate. ‘ ‘ (i)2/3to t heAs so c i a tio nf o r the P reser v ation of V ir g inia Anti qu ities . ‘‘(ii) 1 /3 to the J a m esto w n -Y or k town F oun d ation of the C ommonwea l th of Virginia. ’ ’ and (2) in su b section (c) , b y striking ‘‘, the S ecretary of the I nterior,’’. A p proved O ctober 2 9 ,2 0 09.


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 123STA T . 2 8 8 5PUBLIC LA W 111 – 8 7—O CT. 3 0, 200 9PublicLaw1 11 –87 111 thCongres s A n Act Toamendti t l e X X VI o f t h e Pub li cH ealth S e rv ice A ct to revi s eande x tend the p ro g ram for providing life - saving care for those w ith HIV / AI D S .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E RE F ERENCES. (a)SHORTTI T LE.— T hisActm a ybe cite d as the ‘ ‘ R ya nW hite HIV/ AI D ST r eatment Ex tensi o nActo f20 0 9’ ’. (b) RE F ERE NC E S .—Exce p t as other w ise specified , whene v er in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference sha l l be considered to be made to a section or other provision of the Pu blic Health Service Act ( 4 2 U .S. C .20 1 et se q .). SEC. 2 . RE AU THORI Z ATION OF HI V HEALTH CARE SERVICES P RO -G RA M . (a) ELI M IN A TION OF S U NSET PRO V ISION.— (1) IN G ENERAL.—The Ryan White HIV/AIDS Treatment M oderni z ation Act of 200 6 (Public L aw 109 – 41 5; 120 Stat. 2 7 67) is amended by stri k in g section 70 3 . (2) EFFECTIVE D ATE.—Paragraph (1) shall take effect as if enacted on September 30, 2009. (3) CONTINGENC YP ROVISIONS.— N otwithstanding section 703 of the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (Public Law 109–415; 120 Stat. 2767) and section 139 of the Continuing Appropriations Resolution, 2010— (A) the provisions of title X XVI of the Public Health Service Act (42 U.S.C. 300ff et seq.), as in effect on Sep - tember 30, 2009, are hereby revived; and ( B ) the amendments made by this Act to title XXVI of the Public Health Service Act (42 U.S.C. 300ff et seq.) shall apply to such title as so revived and shall take effect as if enacted on September 30, 2009. (b) PART A G RANTS.—Section 2610(a) (42 U.S.C. 300ff–20(a)) is amended by striking ‘‘and $ 649,500,000 for fiscal year 2009’’ and inserting ‘‘$649,500,000 for fiscal year 2009, $6 8 1,975,000 for fiscal year 2010, $716,074,000 for fiscal year 2011, $751,877,000 for fiscal year 2012, and $789,471,000 for fiscal year 2013’’. (c) PART B GRANTS.—Section 2623(a) (42 U.S.C. 300ff–32(a)) is amended by striking ‘‘and $1,285,200,000 for fiscal year 2009’’ and inserting ‘‘$1,285,200,000 for fiscal year 2009, $1,349,460,000 for fiscal year 2010, $1,416,933,000 for fiscal year 2011, $1,487,780,000 for fiscal year 2012, and $1,562,169,000 for fiscal year 2013’’. 42USC30 0 f f – 3 1b.Ap p lica bili ty . 42 USC 300ff–11 no t e . 42 USC 300ff–11 note. 42 USC 300ff–11 ets e q an d note. 42 USC 201 note. R yan Wh ite HIV/ AI D S Tr eat m ent Ex ten s ion Act of 200 9 . O ct. 30 , 2009 [ S.1 7 93 ]


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 123STA T . 2 8 8 6PUBLIC LA W 111 – 8 7—O CT. 3 0, 200 9(d)PARTCG RA N T S.—Section265 5( 4 2 U .S.C. 30 0 f f – 55) i sam ended by st r i k in g‘ ‘and $ 235 ,1 00,000 for fisca l year 200 9’ ’ and inserting ‘‘$235,100,000 for fiscal year 2009, $246, 8 55,000 for fiscal year 2010, $259,198,000 for fiscal year 2011, $2 7 2,158,000 for fiscal year 2012, and $285,766,000 for fiscal year 2013’’. (e) PART D GRANTS.—Section 2671(i) (42 U.S.C. 300ff–71(i)) is amended by inserting before t h e p eriod at the end ‘‘, $75,390,000 for fiscal year 2010, $79,160,000 for fiscal year 2011, $83,117,000 for fiscal year 2012, and $87,273,000 for fiscal year 2013’’. (f) D EMO NSTRAT I ON AN DT RAININ G GRANTS UNDER PART F .— (1) HIV/A IDS C OMM U NITIES, SC H OO L S, AND CENTERS.—Sec - tion 2692(c) (42 U.S.C. 300ff–111(c)) is amended— (A) in paragraph (1)— (i) by striking ‘‘is a u thori z ed’’ and inserting ‘‘are authorized’’ and (ii) by inserting before the period at the end ‘‘, $36,535,000 for fiscal year 2010, $38,257,000 for fiscal year 2011, $40,170,000 for fiscal year 2012, and $42,178,000 for fiscal year 2013’’; and ( B ) in paragraph (2)— (i) by striking ‘‘is authorized’’ and inserting ‘‘are authorized’’; and (ii) by inserting before the period at the end ‘‘, $13,650,000 for fiscal year 2010, $14,333,000 for fiscal year 2011, $15,049,000 for fiscal year 2012, and $15,802,000 for fiscal year 2013’’. (2) M INORIT Y AIDS INITIATI V E.—Section 2693 (42 U.S.C. 300ff–121) is amended— (A) in subsection (a), by striking ‘‘and $139,100,000 for fiscal year 2009.’’ and inserting ‘‘$139,100,000 for fiscal year 2009, $146,055,000 for fiscal year 2010, $153,358,000 for fiscal year 2011, $161,026,000 for fiscal year 2012, and $169,077,000 for fiscal year 2013. The Secretary shall de v elop a formula for the a w arding of grants under sub- sections (b)(1)(A) and (b)(1)(B) that ensures that funding is provided based on the distribution of populations dis- proportionately impacted by HIV/AIDS.’’; (B) in subsection (b)(2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking ‘‘competitive,’’; and (II) by adding at the end the following ‘‘(iv) For fiscal year 2010, $46,738,000. ‘‘(v) For fiscal year 2011, $49,075,000. ‘‘(vi) For fiscal year 2012, $51,528,000. ‘‘(vii) For fiscal year 2013, $54,105,000.’’; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ‘‘competitive’’; and (II) by adding at the end the following: ‘‘(iv) For fiscal year 2010, $8,763,000. ‘‘(v) For fiscal year 2011, $9,202,000. ‘‘(vi) For fiscal year 2012, $9,662,000. ‘‘(vii) For fiscal year 2013, $10,145,000.’’; (iii) in subparagraph (C), by adding at the end the following: ‘‘(iv) For fiscal year 2010, $61,343,000. Grants.


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 123STA T . 2 8 8 7PUBLIC LA W 111 – 87 —O CT. 3 0, 200 9‘ ‘ (v)Forfiscalye ar 201 1 ,$64 ,410,000 . ‘‘(vi) For fiscal year 2012, $6 7 ,6 3 1,000. ‘‘(vii) For fiscal year 2013, $71,012,000. ’ ’ (iv) i n s ubp ara g rap h ( D ),bys t ri k ing ‘‘$1 8, 5 00,000’’ an d all that follo w s through the period and inserting the following ‘‘the following, as applicable: ‘‘(i) For fiscal year 2010, $20,448,000. ‘‘(ii) For fiscal year 2011, $21,470,000. ‘‘(iii) For fiscal year 2012, $22,543,000. ‘‘(iv) For fiscal year 2013, $23,671,000.’’; and (v) in subparagraph ( E ), by striking ‘‘$8,500,000’’ and all that follows through the period and inserting the following: ‘‘the following, as applicable: ‘‘(i) For fiscal year 2010, $8,763,000. ‘‘(ii) For fiscal year 2011, $ 9 ,201,000. ‘‘(iii) For fiscal year 2012, $9,662,000. ‘‘(iv) For fiscal year 2013, $10,144,000.’’; and ( C ) by adding at the end the following: ‘‘(d) SYNCHRO N IZAT ION O FM INORITY AI DS INITIATI VE . — For fiscal year 2010 and each subse q uent fiscal year, the Secretary shall incorporate and synchroni z e the schedule of application sub m issions and funding availability under this section with the schedule of application submissions and funding availability under the corresponding provisions of this title X X V I as follows: ‘‘(1) T he schedule for carrying out subsection (b)(1)(A) shall be the same as the schedule applicable to emergency assistance under part A. ‘‘(2) The schedule for carrying out subsection (b)(1)( B ) shall be the same as the schedule applicable to care grants under part B. ‘‘(3) The schedule for carrying out subsection (b)(1)(C) shall be the same as the schedule applicable to grants for early intervention services under part C. ‘‘(4) The schedule for carrying out subsection (b)(1)(D) shall be the same as the schedule applicable to grants for services through pro j ects for H IV - related care under part D. ‘‘(5) The schedule for carrying out subsection (b)(1)(E) shall be the same as the schedule applicable to grants and contracts for activities through education and training centers under section 2692.’’. (3) HHS RE P ORT.— N ot later than 6 months after the publication of the G overnment Accountability O ffice R eport on the Minority Aids Initiative described in section 2686, the Sec- retary of Health and Human Services shall submit to the appro- priate committees of Congress a Departmental plan for using funding under section 2693 of the P ublic Health Service Act (42 U .S.C. 300ff – 93) in all relevant agencies to build capacity, taking into consideration the best practices included in such Report. (g) GAO REPORT.—Section 2686 (42 U.S.C. 300ff–86) is amended to read as follows: ‘ ‘ SEC.268 6. GAOR E P OR T . ‘‘The Comptroller General of the Government Accountability Office shall, not less than 1 year after the date of enactment of the Ryan W hite HIV / AIDS Treatment E x tension Act of 2009, submit to the appropriate committees of Congress a report


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 123STA T . 2 8 88 PUBLIC LA W 111 – 8 7—O CT. 3 0, 200 9describ i ngM in o ri tyAIDS Initi a ti v e activities across t h eDe p art -m ent o fH ea l thandH u man Services , including programs under this title and programs at the C enters for Disease Control and P revention, the Substance Abuse and Mental Health Services Administration, and other departmental agencies . Such report shall include a history of program activities w ithin each relevant agency and a description of activities conducted, people served and types of grantees funded, and shall collect and describe best practices in community outreach and capacity-building of community based organi z ations serving the communities that are disproportionately affected by HI V/ AIDS. ’ ’. SEC.3 . E XT E ND ED EXE MP T IO NPE R IOD F ORN A MES -B ASED REPORTIN G . ( a ) P ART A G RA N T S . — Section 2603 (a)(3) ( 4 2 U .S.C. 300ff –1 3(a)(3)) is amended— (1) in subparagraph (C)— (A) in clause (ii)— (i) in the matter preceding subclause (I), by stri k ing ‘ ‘200 9 ’’ and inserting ‘‘2012’’ and (ii) in subclause (II), by striking ‘‘or 2009’’ and inserting ‘‘or a subse q uent fiscal year through fiscal year 2012’’; ( B ) in clause (iv), by striking ‘‘2010’’ and inserting ‘‘2012’’; (C) in clause (v), by inserting ‘‘or a subsequent fiscal year’’ after ‘‘2009’’; (D) in clause (vi)(II), by inserting after ‘‘ 5 percent’’ the following ‘‘for fiscal years before fiscal year 2012 (and 6 percent for fiscal year 2012)’’; ( E ) in clause (i x )(II)— (i) by striking ‘‘2010’’ and inserting ‘‘2013’’; and (ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; and ( F ) by adding at the end the following: ‘‘(xi) F U TUR EFI S C A LY EARS.—For fiscal years begin- ning with fiscal year 2013, determinations under this paragraph shall be based only on living names-based cases of HIV/AIDS with respect to the area involved.’’; and (2) in subparagraph (D)— (A) in clause (i)— (i) in the matter preceding subclause (I), by striking ‘‘2009’’ and inserting ‘‘2012’’; and (ii) in subclause (II), by striking ‘‘and 2009’’ and inserting ‘‘through 2012’’; and (B) in clause (ii), by striking ‘‘2009’’ and inserting ‘‘2012’’. (b) PART B GRANTS.—Section 261 8 (a)(2) (42 U.S.C. 300ff– 28(a)(2)) is amended— (1) in subparagraph (D)— (A) in clause (ii)— (i) in the matter preceding subclause (I), by striking ‘‘2009’’ and inserting ‘‘2012’’; and (ii) in subclause (II), by striking ‘‘or 2009’’ and inserting ‘‘or a subsequent fiscal year through fiscal year 2012’’;


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 123STA T . 2 8 8 9PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 (B)inclause (i v ) ,by s tr i k in g‘ ‘ 201 0 ’ ’an d inserting ‘‘2012’’ ( C ) in clause (v), by inserting ‘‘ o r a subse q uent f iscal year’’ after ‘‘200 9 ’’; ( D ) in clause (vi)( I I), by inserting after ‘‘ 5p ercent’’ t h e follo w ing ‘‘for fiscal years before fiscal year 2012 (and 6 percent for fiscal year 2012)’’; ( E ) in clause (viii)(II) — (i) by striking ‘‘2010’’ and inserting ‘‘201 3 ’’; and (ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; and ( F ) by adding at the end the following: ‘‘( x )F UT U REFISCALY EARS . —For fiscal years begin - ning with fiscal year 2013, deter m inations under this paragraph shall be based only on living names-based cases of H I V/A ID S with respect to the State involved.’’; and (2) in subparagraph (E), by striking ‘‘2009’’ each place it appears and inserting ‘‘2012’’. SEC.4 .E XT E N S IO NO F T RA NSITIONA LG RANT AREA STAT U S. (a) ELI G I B ILITY.—Section 2609 ( 4 2 U .S.C. 300ff – 19) is amended— (1) in subsection (c)(1)— (A) in the heading, by striking ‘‘ 20 0 7 ’’ and inserting ‘‘20 1 1’’; and (B) by striking ‘‘200 7 ’’ each place it appears and inserting ‘‘2011’’; and (C) by striking ‘‘2006’’ and inserting ‘‘2010’’; (2) in subsection (c)(2)— (A) in subparagraph (A)(ii), by striking ‘‘to have a’’ and inserting ‘‘sub j ect to subparagraphs (B) and (C), to have a’’; (B) by redesignating subparagraph (B) as subpara- graph (C); (C) by inserting after subparagraph (A) the following: ‘‘(B) P ER M ITTI N G MARGIN O F ERROR A P PLICABLE TO CER- TAIN METROPOLITAN AREAS.—In applying subparagraph (A)(ii) for a fiscal year after fiscal year 200 8, in the case of a metropolitan area that has a cumulative total of at least 1,400 (and fewer than 1,500) living cases of AIDS as of December 31 of the most recent calendar year for which such data is available, such area shall be treated as having met the criteria of such subparagraph if not more than 5 percent of the total from grants awarded to such area under this part is unobligated as of the end of the most recent fiscal year for which such data is avail- able.’’; and (D) in subparagraph (C), as so redesignated, by striking ‘‘Subparagraph (A) does not apply’’ and inserting ‘‘Subpara- graphs (A) and (B) do not apply’’; and (3) in subsection (d)(1)(B), strike ‘‘2009’’ and insert ‘‘2013’’. (b) T RANSFER OF AMOUNTS DUE TO C H ANGE IN STATUS AS TRANSITIONAL AREA.—Subparagraph (B) of section 2610(c)(2) (42 U.S.C. 300ff–20(c)(2)) is amended— (1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) subject to clause (ii),’’;


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 123STA T . 2 890PUBLIC LA W 111 – 8 7—O CT. 30 , 2009 (2)bystrik i ng t hep eri oda t the end and inserting ‘ ‘ and ’ ’; and ( 3 ) by adding at the end the f o l lo w ing ‘‘(ii) for ea c h of fiscal years 2 01 0 thro u gh 2013 , notwith - standing subsection (a) — ‘‘( I ) there shall be transferred to the S tate con- taining the m etropolitan area, for purposes described in section 2 6 12(a), an amount (which shall not be taken into account in applying section 261 8 (a)(2)( H ))e q ual to— ‘‘(aa) for the first fiscal year of the metropoli- tan area not being a transitional area, 75 percent of the amount described in subparagraph ( A )(i) for such area; ‘‘(bb) for the second fiscal year of the metropoli- tan area not being a transitional area, 50 percent of such amount; and ‘‘(cc) for the third fiscal year of the metropoli- tan area not being a transitional area, 25 percent of such amount; and ‘‘(II) there shall be transferred and made a v ailable for grants pursuant to section 2618(a)(1) for the fiscal year, in addition to amounts available for such grants under section 2623, an amount equal to the total amount of the reduction for such fiscal year under subparagraph (A), less the amount transferred for such fiscal year under subclause (I) . ’’. SEC.5 . HOLD H ARM LESS. (a) PART A G RA N T S .—Section 2603(a)( 4 ) (42 U .S. C . 300ff – 13(a)(4)) is amended— (1) in the matter preceding clause (i) in subparagraph (A)— (A) by striking ‘‘2006’’ and inserting ‘‘200 9 ’’; and ( B ) by striking ‘‘2007 through 2009’’ and inserting ‘‘2010 through 2013’’; (2) by striking clauses (i) and (ii) in subparagraph (A) and inserting the following: ‘‘(i) F or fiscal year 2010, an amount equal to 95 percent of the sum of the amount of the grant made pursuant to paragraph (3) and this paragraph for fiscal year 2009. ‘‘(ii) For each of the fiscal years 2011 and 2012, an amount equal to 100 percent of the amount of the grant made pursuant to paragraph (3) and this paragraph for fiscal year 2010. ‘‘(iii) For fiscal year 2013, an amount equal to 92.5 percent of the amount of the grant made pursuant to paragraph (3) and this paragraph for fiscal year 2012.’’; and (3) in subparagraph (C), by striking ‘‘2009’’ and inserting ‘‘2013’’. (b) PART B GRANTS.—Section 2618(a)(2)(H) (42 U.S.C. 300ff– 28(a)(2)(H)) is amended— (1) in clause (i)(I)— (A) by striking ‘‘2007’’ and inserting ‘‘2010’’; and (B) by striking ‘‘2006’’ and inserting ‘‘2009’’;


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 123STA T . 2 89 1 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 (2)bystrik i ngclau s e (ii) an d redesignating clause (iii) as clause (ii) ( 3 ) in clause (ii) , ass o redesignated — ( A )int h e heading, by striking ‘ ‘2 0 0 8AND 200 9’ ’ and inserting ‘‘20 1 1 AND 2012’’; ( B ) by striking ‘‘2008 and 2009’’ and inserting ‘‘2011 and 2012’’; and ( C ) by striking ‘‘200 7 ’’ and inserting ‘‘2010’’; ( 4 ) by inserting a f ter clause (ii), as so redesignated, the follo w ing new clause ‘‘(iii) FISC A LYE A R2013. —For fiscal year 2013, the S ecretary shall ensure that the total for a State of the grant p ursuant to paragraph (1) and the grant pursuant to subparagraph (F) is not less than 92. 5 percent of such total for the State for fiscal year 2012.’’; and (5) in clause ( v ), by striking ‘‘2009’’ and inserting ‘‘2013’’. (c) T EC H NICAL C O RREC T IONS.—Title X X VI (42 U .S.C. 300ff – 11etse q .)isa m ended— (1) in subparagraphs (A)(i) and ( H ) of section 2 6 18(a)(2), by striking the term ‘‘subparagraph ( G )’’ each place it appears and inserting ‘‘subparagraph (F)’’; (2) in sections 2620(a)(2), 2622(c)(1), and 2622(c)(4)(A), by striking ‘‘2618(a)(2)(G)(i)’’ and inserting ‘‘2618(a)(2)(F)(i)’’; (3) in sections 2622(a) and 2623(b)(2)(A), by striking ‘‘2618(a)(2)(G)’’ and inserting ‘‘2618(a)(2)(F)’’; and (4) in section 2622(b), by striking ‘‘2618(a)(2)(G)(ii)’’ and inserting ‘‘2618(a)(2)(F)(ii)’’. SEC.6 . AM E ND MEN T ST O T H E G ENE R A L GRANT P RO VI SIONS. (a) AD M INISTRATION AND P LANNIN G CO U NCIL.—Section 2602(b)(4) (42 U.S.C. 300ff–12(b)(4)) is amended— (1) in subparagraph (A), by inserting ‘‘, as well as the si z e and demographics of the estimated population of individ - uals with HIV / AI D S who are unaware of their HIV status’’ after ‘‘HIV/AIDS’’; (2) in subparagraph (B)— (A) in clause (i), by striking ‘‘and’’ at the end after the semicolon; (B) in clause (ii), by inserting ‘‘and’’ after the semicolon; and (C) by adding at the end the following: ‘‘(iii) individuals with HIV/AIDS who do not know their HIV status;’’; and (3) in subparagraph (D)— (A) in clause (ii), by striking ‘‘and’’ at the end after the semicolon; (B) in clause (iii), by inserting ‘‘and’’ after the semi- colon; and (C) by adding at the end the following: ‘‘(iv) includes a strategy, coordinated as appro- priate with other community strategies and efforts, including discrete goals, a timetable, and appropriate funding, for identifying individuals with HIV/AIDS who do not know their HIV status, making such individuals aware of such status, and enabling such individuals to use the health and support services described in 42USC30 0 f f – 3 1b. 42 USC 300ff–2 9a, 300ff–31a. 42 USC 300ff–2 8.


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 123STA T . 2 89 2 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 section2604,w it hpar tic ul ar attention to re d ucin gb ar - riers to routine testing and disparities in access and ser v ices a m ong a f fected subpopulations and historicall y underserved communities ’ .( b )TYPEANDDISTR I BU TI O NO FG RANTS. —S ection 260 3 (b) (42 U .S. C . 300ff –1 3(b)) is amended— (1) in paragraph (1)— ( A ) in subparagraph (G), by stri k ing ‘ ‘and’’ at the end after the semicolon; ( B ) in subparagraph ( H ), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following ‘‘( I ) demonstrates success in identifying individuals with HI V/ AIDS as described in clauses (i) through (iii) of paragraph (2)(A).’’; and (2) in paragraph (2)(A), by striking the period and inserting: ‘‘, and demonstrated success in identifying individuals with HIV/AIDS who do not know their HIV status and making them aware of such status counting one-third. In making such determination, the Secretary shall consider— ‘‘(i) the number of individuals who have been tested for HIV/AIDS; ‘‘(ii) of those individuals described in clause (i), the number of individuals who tested for HIV/AIDS who are made aware of their status, including the number who test positive; and ‘‘(iii) of those individuals described in clause (ii), the number who have been referred to appropriate treatment and care.’’. (c) APP L I C ATION.—Section 260 5 (b)(1) (42 U.S.C. 300ff–15(b)(1)) is amended by inserting ‘‘, including the identification of individuals with HIV/AIDS as described in clauses (i) through (iii) of section 2603(b)(2)(A)’’ before the semicolon at the end. SEC.7 . IN C R E A SEINA DJU S TM ENT FO R NAMES -B ASED RE P ORTIN G . (a) P ART A GRANTS.— (1) F OR M ULA G RANTS.—Section 2603(a)(3)(C)(vi) (42 U.S.C. 300ff–13(a)(3)(C)(vi)) is amended by adding at the end the following: ‘‘(III) INCREASED AD J USTMENT FOR CERTAIN AREAS PRE V IOUSLY USING CODE-BASED REPORTING.—For purposes of this subparagraph for each of fiscal years 2010 through 2012, the Sec- retary shall deem the applicable number of living cases of HIV/AIDS in an area that were reported to and confirmed by the Centers for Disease Con- trol and Prevention to be 3 percent higher than the actual number if— ‘‘(aa) for fiscal year 200 7, such area was a transitional area; ‘‘(bb) fiscal year 2007 was the first year in which the count of living non-AIDS cases of HIV in such area, for purposes of this sec- tion, was based on a names-based reporting system; and ‘‘(cc) the amount of funding that such area received under this part for fiscal year 2007


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 123STA T . 2 89 3 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 wasle ss th a n70p e rc ent of the a m o u nt of fun di n g( e x clusi v e of funds that were identi - fied as b eing for purposes of the M inorit yAIDS Initiative ) that such area received under such part for fiscal year 2 00 6.’ ’. (2) S UP P LEM E NTA L GR ANT S . — Section 260 3 (b)(2) ( 4 2 U .S. C . 300ff –1 3(b)(2)) is amended by adding at the end the following

‘(D) IN C REASE D AD J USTMENT FO R CERTA I N AREAS PRE- V IOUSL Y USING CODE- B ASED REPORTING.— F or purposes of this subsection for each of fiscal years 2010 through 2012 , the Secretary shall deem the applicable number of living cases of H I V/ AIDS in an area that were reported to and confirmed by the Centers for Disease Control and P reven- tion to be 3 percent higher than the actual number if the conditions described in items (aa) through (cc) of sub- section (a)(3)(C)(vi)(III) are all satisfied.’’. (b) PART BG RANTS.—Section 261 8 (a)(2)(D)(vi) (42 U.S.C. 300ff– 28(a)(2)(D)(vi)) is amended by adding at the end the following: ‘‘(III) INCREASED ADJUSTMENT FOR CERTAIN STATES PREVIOUSLY USING CODE-BASED REPORTING.—For purposes of this subparagraph for each of fiscal years 2010 through 2012, the Sec- retary shall deem the applicable number of living cases of HIV/AIDS in a State that were reported to and confirmed by the Centers for Disease Con- trol and Prevention to be 3 percent higher than the actual number if— ‘‘(aa) there is an area in such State that satisfies all of the conditions described in items (aa) through (cc) of section 2603(a)(3)(C)(vi)(III) or ‘‘(bb)(AA) fiscal year 2007 was the first year in which the count of living non-AIDS cases of HIV in such area, for purposes of this part, was based on a names-based reporting system; and ‘‘(BB) the amount of funding that such State received under this part for fiscal year 2007 was less than 70 percent of the amount of funding that such State received under such part for fiscal year 2006.’’. SEC.8 . TR E A T M E N T OFU NO BLIG ATE D FUNDS. (a) E LIGIBILITY FOR SUPPLEMENTAL GRANTS.— T itle X XVI (42 U.S.C. 300ff–11 et se q .) is amended— (1) in section 2603(b)(1)(H) (42 U.S.C. 300ff–13(b)(1)(H)), by stri k ing ‘‘2 percent’’ and inserting ‘‘ 5 percent’’; and (2) in section 2620(a)(2) (42 U.S.C. 300ff–2 9 a(a)(2)), by striking ‘‘2 percent’’ and inserting ‘‘5 percent’’. (b) CORRESPONDING R EDUCTION IN FUTURE GRANT.— (1) IN GENERAL.—Title XXVI (42 U.S.C. 300ff–11 et seq.) is amended— (A) in section 2603(c)(3)(D)(i)(42 U.S.C. 300ff– 13(c)(3)(D)(i)), in the matter following subclause (II), by striking ‘‘2 percent’’ and inserting ‘‘5 percent’’; and


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 123STA T . 2 894PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 (B)insect i o n 26 22(c)( 4 )( A ) (42 U.S . C . 30 0 f f – 3 1a (c)(4)(A)) , int h e m atte r fo l lo w in g cla u se (ii), by stri k ing ‘ ‘2 p ercent ’ ’an d inserting ‘‘ 5 percent’’. (2) A UTHORI T Y R EGA R D I N GAD M INI S TRATION O FP RO V ISION. —T itle X X VI (42 U.S.C. 300ff–11 et se q .) is amended— (A) in section 2603(c) (42 U.S.C. 300ff–13(c)), by adding at the end the following ‘‘(4) AUTHORITY REGARDING ADMINISTRATION OF PROVI - SIONS.—In administering paragraphs (2) and (3) with respect to the unobligated balance of an eligible area, the Secretary may elect to reduce the amount of future grants to the area under subsection (a) or (b), as applicable, by the amount of any such unobligated balance in lieu of cancelling such amount as pro v ided for in paragraph (2) or (3)(A). In such case, the Secretary may permit the area to use such unobligated balance for purposes of any such future grant. An amount equal to such reduction shall be available for use as additional amounts for grants pursuant to subsection (b), sub j ect to subsection (a)(4) and section 2610(d)(2). N othing in this paragraph shall be construed to affect the authority of the Secretary under paragraphs (2) and (3), including the authority to grant waivers under paragraph (3)(A). The reduction in future grants author- i z ed under this paragraph shall be notwithstanding the penalty required under paragraph (3)( D ) with respect to unobligated funds.’’ (B) in section 2622 (42 U.S.C. 300ff–31a), by adding at the end the following: ‘‘(e) AUTHORITY R EGARDING ADMINISTRATION OF P ROVISIONS.— In administering subsections (b) and (c) with respect to the unobli- gated balance of a State, the Secretary may elect to reduce the amount of future grants to the State under section 261 8, 2620, or 2621, as applicable, by the amount of any such unobligated balance in lieu of cancelling such amount as provided for in sub- section (b) or (c)(1). In such case, the Secretary may permit the State to use such unobligated balance for purposes of any such future grant. An amount equal to such reduction shall be available for use as additional amounts for grants pursuant to section 2620, subject to section 2618(a)(2)( H ). Nothing in this paragraph shall be construed to affect the authority of the Secretary under sub- sections (b) and (c), including the authority to grant waivers under subsection (c)(1). The reduction in future grants authorized under this subsection shall be notwithstanding the penalty required under subsection (c)(4) with respect to unobligated funds.’’; (C) in section 2603(b)(1)(H) (42 U.S.C. 300ff– 13(b)(1)(H)), by striking ‘‘canceled’’ and inserting ‘‘canceled, offset under subsection (c)(4),’’; and (D) in section 2620(a)(2) (42 U.S.C. 300ff–2 9 a(a)(2)), by striking ‘‘canceled’’ and inserting ‘‘canceled, offset under section 2622(e),’’. (c) CONSIDERATION OF W AIVER AMOUNTS IN DETERMINING UNO BL IGATED BALAN C ES.— (1) PART A GRANTS.—Section 2603(c)(3)(D)(i)(I) (42 U.S.C. 300ff–14(c)(3)(D)(i)(I)) is amended by inserting after ‘‘unobli- gated balance’’ the following: ‘‘(less any amount of such balance that is the subject of a waiver of cancellation under subpara- graph (A))’’. 42USC30 0 f f –1 3.


text: Dictionary of National Biography, 1885-1900/Moore, Garret


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 123STA T . 2 895PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 (2)PARTBG RA N T S.—Section 2 6 22(c)( 4 )( A )(i) (42 U .S. C . 30 0 f f—3 1a (c)(4)(A)(i)) i s a m en d ed by inse r tin g after ‘ ‘ u nob l i - gated balance ’ ’t h e follo w ing ‘‘(less any amount of such balance that is the sub j ectofawai v er of cancellation under p aragraph (1))’’. SEC.9 . AP P LI CA T I ON S BY STATES. Section 261 7 (b) (42 U.S.C. Section 300ff – 27(b)) is amended— (1) in paragraph (6) , by stri k ing ‘‘and’’ at the end (2) in paragraph (7), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘( 8 ) a comprehensive plan— ‘‘(A) containing an identification of individuals with HIV/ AI D S as described in clauses (i) through (iii) of section 2603(b)(2)(A) and the strategy re q uired under section 2602(b)(4)(D)(iv); ‘‘( B ) describing the estimated number of individuals within the State with HIV/AIDS who do not know their status; ‘‘(C) describing activities undertaken by the State to find the individuals described in subparagraph (A) and to make such individuals aware of their status; ‘‘(D) describing the manner in which the State will provide undiagnosed individuals who are made aware of their status with access to medical treatment for their HIV/AIDS; and ‘‘( E ) describing efforts to remove legal barriers, including State laws and regulations, to routine testing.’’. SEC. 10 .A D AP R EBATE FU NDS. (a) US EOF UNOB LI GATE DFU NDS.—Section 2622(d) (42 U.S.C. 300ff–31a(d)) is amended by adding at the end the following: ‘‘If ane x penditure of ADAP rebate funds would trigger a penalty under this section or a higher penalty than would otherwise have applied, the State may request that for purposes of this section, the Secretary deem the State’s unobligated balance to be reduced by the amount of rebate funds in the proposed expenditure. N otwith- standing 2618(a)(2)(F), any unobligated amount under section 2618(a)(2)(F)(ii)(V) that is returned to the Secretary for reallocation shall be used by the Secretary for— ‘‘(1) the ADAP supplemental program if the Secretary deter- mines appropriate; or ‘‘(2) for additional amounts for grants pursuant to section 2620.’’. (b) T E CH NICAL CORRECTION.—Subclause (V) of section 2618(a)(2)(F)(ii) (42 U.S.C. 300ff–28(a)(2)(F)(ii)) is amended by striking ‘‘, subject to subclause (VI)’’. SEC. 11. APPLICATION TO PRI M ARY CARE SER V ICES. (a) IN G ENERAL.—Section 2671 (42 U.S.C. 300ff–71), as amended, is amended— (1) by redesignating subsection (i) as subsection (j); (2) in subsection (g), by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (j)’’; and (3) by inserting after subsection (h) the following: ‘‘(i) A P PLICATION TO PRI M AR Y CARE SER V ICES.—Nothing in this part shall be construed as requiring funds under this part to be


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 123STA T . 2 896PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 usedforp r ima r yc are ser v ices wh e n paymen t s are avai l a b le for such services from other sources ( includin g under titles XVI II, XIX, and XXI of the S ocial Security A ct ).’ ’. (b) PROVIS IO N O FCA R ETH RO UG H M E M ORAN D UM OF U NDER - S T ANDING. — Section 2671 (a) ( 4 2 U.S.C. 30 0ff – 71(a)) is amended by stri k ing ‘ ‘(directly or through contracts)’’ and inserting ‘‘(directly or through contracts or memoranda of understanding)’’. SEC.12 . NATIO NA LH I V/ AI D S TESTIN G GOAL. Part E of title XXVI (42 U.S.C. 300ff– 8 1etse q .) is amended— (1) by redesignating section 2688 as section 268 9; and (2) by inserting after section 2687 the following

‘SEC. 2 68 8. NATIONAL HIV/AIDS TESTING GOAL. ‘‘(a) IN G ENERA L .— N ot later than J anuary 1, 2010, the Sec- retary shall establish a national H IV / AI D S testing goal of 5 ,000,000 tests for HIV/AIDS annually through federally-supported HIV/AIDS prevention, treatment, and care programs, including programs under this title and other programs administered by the Centers for Disease Control and Prevention. ‘‘(b) ANNUAL R E P ORT.—Not later than January 1, 2011, and annually thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to Congress a report describing, with regard to the preceding 12- month reporting period— ‘‘(1) whether the testing goal described in subsection (a) has been met; ‘‘(2) the total number of individuals tested through feder- ally-supported and other HIV/AIDS prevention, treatment, and care programs in each State; ‘‘(3) the number of individuals who— ‘‘(A) prior to such 12-month period, were unaware of their HIV status; and ‘‘( B ) through federally-supported and other HIV/AIDS prevention, treatment, and care programs, were diagnosed and referred into treatment and care during such period; ‘‘(4) any barriers, including State laws and regulations, that the Secretary determines to be a barrier to meeting the testing goal described in subsection (a); ‘‘(5) the amount of funding the Secretary determines nec- essary to meet the annual testing goal in the following 12 months and the amount of F ederal funding e x pended to meet the testing goal in the prior 12-month period; and ‘‘(6) the most cost-effective strategies for identifying and diagnosing individuals who were unaware of their HIV status, including voluntary testing with pre-test counseling, routine screening including opt-out testing, partner counseling and referral services, and mass media campaigns. ‘‘(c) REVIE W OF PROGRAM EFFE C TIVENESS.—Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall submit a report to Congress based on a comprehensive review of each of the programs and activities con- ducted by the Centers for Disease Control and Prevention as part of the Domestic HIV/AIDS Prevention Activities, including the fol- lowing: ‘‘(1) The amount of funding provided for each program or activity. Reports.D e adlin es. 42USC30 0 f f –87 a. 42 USC 300ff–88.


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 123STA T . 2 897PUBLIC LA W 111 – 87 —O CT. 3 0, 2009 ‘ ‘ (2)Theprima r y p u rp os eo f ea c h pro g ram or ac t i v ity . ‘‘( 3 )Thea n nua l goals for each program or activity. ‘‘( 4 ) The relative effectiveness of each program or activity w ith relation to the other programs an d activities conducted b y the C enters for D isease Control and P revention , based on the — ‘‘( A ) number of previously undiagnosed individuals with HIV/ AID S made aware of their status and referred into the appropriate treatment ‘‘( B ) amount of funding provided for each program or activity compared to the number of undiagnosed individuals with HIV/AIDS made aware of their status; ‘‘(C) program ’ s contribution to the N ational HIV/AIDS testing goal; and ‘‘(D) progress made toward the goals described in para - graph (3). ‘‘( 5 ) R ecommendations if any to Congress on ways to allo- cate funding for domestic HIV/AIDS prevention activities and programs in order to achieve the National HIV/AIDS testing goal. ‘‘(d) C O O RDINAT ION W IT HO TH E R F EDERA L A C TI V ITIE S .—In pur- suing the National HIV/AIDS testing goal, the Secretary, where appropriate, shall consider and coordinate with other national strategies conducted by the Federal G overnment to address HIV/ AIDS.’’. SEC.13 . NOTIF IC A TION OF P OSSI BL EE X POS UR E TO INFECTIOUS D IS - EASES. Title X XVI (42 U .S.C. 3 0 0ff –1 1etse q .) is amended by adding at the end the following

‘ PARTG—NO T IF I C ATION OF PO S SI BLE E X POS U RE TO INFECTIOUS D ISEASES ‘ ‘SEC. 2695 . INFECTIOUS DISEASES AND CIRCU M STANCES RELE V ANT TO NOTIFICATION RE Q UIREMENTS. ‘‘(a) IN GENERAL.—Not later than 1 8 0 days after the date of the enactment of this part, the Secretary shall complete the develop- ment of— ‘‘(1) a list of potentially life-threatening infectious diseases, including emerging infectious diseases, to which emergency response employees may be e x posed in responding to emer- gencies; ‘‘(2) guidelines describing the circumstances in which such employees may be exposed to such diseases, ta k ing into account the conditions under which emergency response is provided; and ‘‘(3) guidelines describing the manner in which medical facilities should make determinations for purposes of section 2 69 5B(d). ‘‘(b) S P ECI F ICATION OF AIR B ORNE INFECTIO U S DISEASES.—The list developed by the Secretary under subsection (a)(1) shall include a specification of those infectious diseases on the list that are routinely transmitted through airborne or aerosoli z ed means. ‘‘(c) DISSE M INATION.—The Secretary shall— ‘‘(1) transmit to State public health officers copies of the list and guidelines developed by the Secretary under subsection Guidel i n e s. Guidelines. R e cor ds. D e a dline. 42USC30 0 f f –1 31.


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 123STA T . 2 89 8 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 (a)with th er e qu e s t that the of fi c ers d isse m i n ate such co p ies as appropriate throu g hout the S tates and ‘ ‘( 2 )ma k e such copies a v ai l a b le to the public .‘ ‘ SEC.2695A . ROUTIN E NOTI F ICATIONS W IT H RES P ECT TO AIR B ORNE INFECTIOUS D ISEASES IN V ICTI M S ASSISTED. ‘‘(a) ROUTINEN OTI F I CA TION OF D E S I G NATE DO FFICE R . — ‘‘( 1 ) DETER M INATION BY TREATING FACI L ITY.— I f a victim of an emergenc y is transported by emergency response employees to a medical facility and the medical facility makes a determination that the victim has an airborne infectious disease , the medical facility shall notify the designated officer of the emergency response employees who transported the victim to the medical facility of the determination. ‘‘(2) DETERMINATION BY FACILITY ASCERTAINING CAUSE OF DEAT H .—If a victim of an emergency is transported by emer - gency response employees to a medical facility and the victim dies at or before reaching the medical facility, the medical facility ascertaining the cause of death shall notify the des- ignated officer of the emergency response employees who trans- ported the victim to the initial medical facility of any determina- tion by the medical facility that the victim had an airborne infectious disease. ‘‘(b) RE Q UIREMENT OF P ROM P T NOTIFICATION.— W ith respect to a determination described in paragraph (1) or (2) of subsection (a), the notification required in each of such paragraphs shall be made as soon as is practicable, but not later than 48 hours after the determination is made. ‘‘SEC. 2695B. RE Q UEST FOR NOTIFICATION WITH RESPECT TO VICTIMS ASSISTED. ‘‘(a) INITIATION OF PROCESS BY E MPLOYEE.—If an emergency response employee believes that the employee may have been e x posed to an infectious disease by a victim of an emergency who was transported to a medical facility as a result of the emergency, and if the employee attended, treated, assisted, or transported the victim pursuant to the emergency, then the designated officer of the employee shall, upon the request of the employee, carry out the duties described in subsection (b) regarding a determination of whether the employee may have been exposed to an infectious disease by the victim. ‘‘(b) INITIAL DETERMINATION BY DESIGNATED OFFICER.— T he duties referred to in subsection (a) are that— ‘‘(1) the designated officer involved collect the facts relating to the circumstances under which, for purposes of subsection (a), the employee involved may have been exposed to an infec- tious disease; and ‘‘(2) the designated officer evaluate such facts and make a determination of whether, if the victim involved had any infectious disease included on the list issued under paragraph (1) of section 2 695 (a), the employee would have been exposed to the disease under such facts, as indicated by the guidelines issued under paragraph (2) of such section. ‘‘(c) SUBMISSION OF REQUEST TO M EDICAL F ACILITY.— ‘‘(1) IN GENERAL.—If a designated officer makes a deter- mination under subsection (b)(2) that an emergency response employee may have been exposed to an infectious disease, the designated officer shall submit to the medical facility to which 42USC30 0 f f –1 33 .Deadlin e. 42 USC 300ff–132. Pub li c inf orm a t ion.


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 123STA T . 2 89 9 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 thevic ti m i n v ol ve dwas t r ans p orted a re qu est f or a response under su b section ( d ) re g arding the victim of the emergenc y involved .‘ ‘( 2 ) FORM O F R EQU E ST . —A request under paragraph ( 1 ) shall be in writing and be signed by the designated officer involved , and shall contain a statement of the facts collected pursuant to subsection (b)(1). ‘‘(d) EVAL UAT I O N AN DR ES P ONSE RE G ARDING REQUEST TO M ED - I C AL FACILIT Y .— ‘‘(1) I N GENERAL.—If a medical facility receives a request under subsection (c), the medical facility shall evaluate the facts submitted in the request and ma k e a determination of whether, on the basis of the medical information possessed by the facility regarding the victim involved, the emergency response employee was e x posed to an infectious disease included on the list issued under paragraph (1) of section 2 695 (a), as indicated by the guidelines issued under paragraph (2) of such section. ‘‘(2) N OTIFICATION OF E X POSURE.—If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has been exposed to an infectious disease, the medical facility shall, in writing, notify the des- ignated officer who submitted the request under subsection (c) of the determination. ‘‘( 3 ) FINDING OF NO EXPOSURE.—If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has not been exposed to an infec- tious disease, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the determination. ‘‘( 4 ) INSUFFICIENT INFORMATION.— ‘‘(A) If a medical facility finds in evaluating facts for purposes of paragraph (1) that the facts are insufficient to make the determination described in such paragraph, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of the facts. ‘‘( B )(i) If a medical facility finds in making a determina- tion under paragraph (1) that the facility possesses no information on whether the victim involved has an infec- tious disease included on the list under section 2695(a), the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of such medical information. ‘‘(ii) If after making a response under clause (i) a medical facility determines that the victim involved has an infectious disease, the medical facility shall make the determination described in paragraph (1) and provide the applicable response specified in this subsection. ‘‘(e) T IME FOR MA K ING RESPONSE.—After receiving a request under subsection (c) (including any such request resubmitted under subsection (g)(2)), a medical facility shall make the applicable response specified in subsection (d) as soon as is practicable, but not later than 4 8 hours after receiving the request. ‘‘(f) D EAT H OF V ICTIM OF EMERGENCY.— ‘‘(1) FACILITY ASCERTAINING CAUSE OF DEATH.—If a victim described in subsection (a) dies at or before reaching the medical


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 123STA T . 2 90 0 PUBLIC LA W 111 –87—O CT. 30 , 2009 facil i ty i nvo lv ed, and t h e m edical facility r eceive s are qu est under su b section ( c ) , the medical facility shall p rovide a copy of the request to the medical facility ascertainin g the cause of death of the victim, if such facility is a different medical facility than the facility that received the original request .‘ ‘( 2 ) RESPON S IB I L I TY O F F AC ILITY. —U pon the receipt of a copy of a request for purposes of paragraph ( 1 ), the duties other w ise established in this part regarding medical facilities shall apply to the medical facility ascertaining the cause of death of the victim in the same manner and to the same e x tent as such duties apply to the medical facility originally receiving the request. ‘‘(g) A SSISTANCE OF PU BLIC H EALT HO FFICE R .— ‘‘(1) EV ALUATION OF RESPONSE OF M E D ICAL FACILITY RE G ARDING INSUFFICIENT FACTS.— ‘‘(A) I n the case of a request under subsection (c) to which a medical facility has made the response specified in subsection (d)( 4 )(A) regarding the insufficiency of facts, the public health officer for the community in which the medical facility is located shall evaluate the request and the response, if the designated officer involved submits such documents to the officer with the request that the officer ma k e such an evaluation. ‘‘( B ) As soon as is practicable after a public health officer receives a request under subparagraph (A), but not later than 4 8 hours after receipt of the request, the public health officer shall complete the evaluation required in such paragraph and inform the designated officer of the results of the evaluation. ‘‘(2) F INDINGS OF EVALUATION.— ‘‘(A) If an evaluation under paragraph (1)(A) indicates that the facts provided to the medical facility pursuant to subsection (c) were sufficient for purposes of determina - tions under subsection (d)(1)— ‘‘(i) the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility and ‘‘(ii) the medical facility shall provide to the des- ignated officer the applicable response specified in sub- section (d). ‘‘(B) If an evaluation under paragraph (1)(A) indicates that the facts provided in the request to the medical facility were insufficient for purposes of determinations specified in subsection (c)— ‘‘(i) the public health officer shall provide advice to the designated officer regarding the collection and description of appropriate facts; and ‘‘(ii) if sufficient facts are obtained by the des- ignated officer— ‘‘(I) the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and ‘‘(II) the medical facility shall provide to the designated officer the appropriate response under subsection (c). Deadlin e .Ap pli c a b ili ty .


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 123STA T . 2 90 1 PUBLIC LA W 111 –87—O CT. 30 , 2009 ‘ ‘ SEC.2695 C. PRO CE DU RES F OR N O TI FIC A TION OF E X POSURE. ‘ ‘ (a)CONTE NT S O FN OT I FI CA TION TO O FFICE R.—Inm a ki n g a n ot i f i c ation requ ire d under s ection 2695A or section 2695 B (d)(2) , a medica l facilit y s h all p ro v ide— ‘‘( 1 ) the name of the infectious disease involved and ‘‘(2) the date on w hich the victim of the emergency involved was transported b y emergency response employees to the med - ical facility involved. ‘‘(b) M ANNER OF NOTIFICATION.—If a notification under section 2695A or section 2695B(d)(2) is mailed or otherwise indirectly made— ‘‘(1) the medical facility sending the notification shall, upon sending the notification, inform the designated officer to whom the notification is sent of the fact that the notification has been sent; and ‘‘(2) such designated officer shall, not later than 1 0 days after being informed by the medical facility that the notification has been sent, inform such medical facility whether the des- ignated officer has received the notification. ‘‘SEC. 2695D. NOTIFICATION OF E M P L O Y EE. ‘‘(a) IN G ENERA L .—After receiving a notification for purposes of section 2695A or 2695B(d)(2), a designated officer of emergency response employees shall, to the e x tent practicable, immediately notify each of such employees who— ‘‘(1) responded to the emergency involved; and ‘‘(2) as indicated by guidelines developed by the S ecretary, may have been exposed to an infectious disease. ‘‘(b) CERTAIN CONTENTS OF NOTIFICATION TO EMP LO Y EE.—A notification under this subsection to an emergency response employee shall inform the employee of— ‘‘(1) the fact that the employee may have been exposed to an infectious disease and the name of the disease involved; ‘‘(2) any action by the employee that, as indicated by guide- lines developed by the Secretary, is medically appropriate; and ‘‘( 3 ) if medically appropriate under such criteria, the date of such emergency. ‘‘(c) R ESPONSES OT H ER T HAN NOTIFICATION OF E X POS U RE.— After receiving a response under paragraph (3) or ( 4 ) of subsection (d) of section 2695B, or a response under subsection (g)(1) of such section, the designated officer for the employee shall, to the extent practicable, immediately inform the employee of the response. ‘‘SEC. 2695E. SELECTION OF DESI G NATED OFFICERS. ‘‘(a) IN GENERAL.— F or the purposes of receiving notifications and responses and making requests under this part on behalf of emergency response employees, the public health officer of each State shall designate 1 official or officer of each employer of emer- gency response employees in the State. ‘‘(b) P REFERENCE IN MA K IN GD ESIGNATIONS.—In making the designations required in subsection (a), a public health officer shall give preference to individuals who are trained in the provision of health care or in the control of infectious diseases. ‘‘SEC. 2695F. LIMITATION W IT H RESPECT TO DUTIES OF MEDICAL FACILITIES. ‘‘The duties established in this part for a medical facility— Ap p licab ili ty.T i me pe r i od. 42USC30 0 f f –1 3 7 . 42 USC 300ff–13 6 . 42 USC 300ff–13 5 . D eadli n e. 42 USC 300ff–134.


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 123STA T . 2 90 2 PUBLIC LA W 111 –87—O CT. 30 , 2009 ‘ ‘ (1)shal la p pl yon ly t o medic al in f o r mation possessed b y the facility d u rin g the period in w hich the facility is treating the v ictim for conditions arising from the emergency , or during the 60- day period beginning on the date on which the victim is transported by emergency response employees to the facility, whichever period e x pires first and ‘‘( 2 ) shall not apply to any extent after the expiration of the 3 0-day period beginning on the expiration of the applicable period referred to in paragraph (1), except that such duties shall apply with respect to any re q uest under section 26 95B (c) received by a medical facility before the expiration of such 30-day period .‘ ‘ SEC.2695G . MI SCE L L AN E OU S PR O V ISIONS. ‘‘(a) LIAB I L I TYOFMED I C AL F ACILITIE S , D ESI GN ATED O FFICE R S, PU BLIC H EALT H OFFICERS, AND G O V ERNING E NTITIES. —T his part may not be construed to authori z e any cause of action for damages or any civil penalty against any medical facility, any designated officer, any other public health officer, or any governing entity of such facility or officer for failure to comply with the duties established in this part. ‘‘(b) TESTING.—This part may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease. ‘‘(c) C ONFIDENTIALITY.—This part may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee. ‘‘(d) FAILURE TO PROVIDE E M ERGENCY S ERVICES.—This part may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency. ‘‘(e) N OTIFICATION AND R E P ORTING DEADLINES.— I n any case in which the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to section 319(a), individuals or public or private entities are unable to comply with the requirements of this part, the Sec- retary may, notwithstanding any other provision of law, temporarily suspend, in whole or in part, the requirements of this part as the circumstances reasonably require. Before or promptly after such a suspension, the Secretary shall notify the Congress of such action and publish in the Federal Register a notice of the suspension. ‘‘(f) CONTINUED A PPLICATION OF STATE AND LOCAL LA W .— Nothing in this part shall be construed to limit the application of State or local laws that require the provision of data to public health authorities. ‘‘SEC. 2695 H .IN J UNC T IONS REGAR D ING VIOLATION O F PROHI B ITION. ‘‘(a) IN GENERAL.—The Secretary may, in any court of com- petent j urisdiction, commence a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to any violation of this part. ‘‘(b) FACILITATION OF INFORMATION ON V IOLATIONS.—The Sec- retary shall establish an administrative process for encouraging Admin i stra ti vep r oc ess .42USC30 0 f f –1 3 9 . F edera lR e g ister , p ub lication. N otice. 42 USC 300ff–13 8.


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 123STA T . 2 90 3 PUBLIC LA W 111 –87—O CT. 30 , 2009 LEGIS L AT I V E H IST ORY— S .1793( H.R. 379 2): HO U SE RE P ORTS: No . 111 – 3 05 ( C o m m.o n En ergya n d Commer c e) accom p any i ng H.R. 3792. CONGRESSIONAL RECOR D, Vo l . 155 (2009): Oc t . 19, con s idered and passed Senate. Oct. 21, considered and passed Ho u se. DAILY CO M PILATION O F PRESIDENTIAL DOCUMENTS (2009): Oct. 30, Presidential remar k s. em e rg e ncy re spo nse emp l oyees t o pro vid ein f orm a tion to t h e S ec - retary regarding violations of this part .A s appropriate , the Sec- retary shall investigate alleged s u ch violations and see k appropriate in j unctive relief. ‘ ‘ SEC.2695I . AP P L ICA B ILI TYOF PA R T. ‘ ‘ T his part shall not apply in a State if the chief e x ecutive officer of the State certifies to the Secretary that the la w of the State is su b stantially consistent with this part. ’ ’. Approved O ctober 30, 2 00 9 . 42USC30 0 f f –1 40.


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 123STA T . 2 904PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 PublicLaw1 11 –8 8 111 thCongres s A n Act Making a p p ro pria t ion sf ort heD epart m ent of the I nterior , en v ironment, an d re l ated agen c ies for the fiscal y ear ending S eptem b er 30, 2 0 1 0, and for other p u rposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,REF ERE NC E SS EC TIO N 1.Exceptas exp r ess ly pr ovid ed ot h er w ise , a n yre f- erence to ‘ ‘this A ct ’ ’ contained in any division of this Act shall b e treated as referrin g only to the provisions of that division. DIV ISI ON A — DE P A RTM ENT O F T H E INTERIOR, ENVIRON- MENT, AND RE L ATED A G EN C IES APPROPRIATIONS ACT, 20 10 The following s um s are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 3 0, 2010, and for other purposes, namely TITLE I—DEPARTMENT OF THE INTERIOR BU RE A UOFLAN D MANA G E M ENT MANAGEMENT OF L ANDS AND RESOURCES ( INCLUDING RESCISSION OF FUNDS ) For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, ac q uisi- tion of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authori z ed by law, in the management of lands and their resources under the j urisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to Public Law 96–487( 16 U .S.C. 31 5 0(a ) ), $ 959,571,000, to remain available until expended of which $3,000,000 shall be available in fiscal year 2010 subject to a match by at least an equal amount by the National Fish and W ildlife Foundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump sum grant without regard to when expenses are incurred. Departm e n t of t h e I nter i or ,E n v ironment, an dR e l ated Ag en c ie s Appropriations Act, 201 0 .O ct. 3 0, 200 9[H .R. 299 6]


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 123STA T . 2 905PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 Inad d it i o n ,$45 ,5 0 0,000 i sf o r t hep ro c essin g of app l ications for per m it to drill and related u se authori z ations, to remain a v ail - a b le until e x pended, to be reduced b y amounts collected by the B ureau and credited to this appropriation that shall be derived from $ 6 ,500 per ne w application for permit to drill that the Bureau shall collect upon submission of each new application, and in addi- tion, $ 3 6,6 9 6,000 is for M ining L aw A dministration program oper- ations, including the cost of administering the mining claim fee program to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2 0 1 0soastoresultinafinal appropriation estimated at not more than $959,5 7 1,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of admin- istering communication site activities
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d, T hat notwith- standing section 430 of division E of P ublic Law 111 –8, the amount of $1,000,000 made available to the Bureau of Land Management for the shipment and storage of oil shale core samples in the S tate of C olorado, as described in the table entitled ‘ ‘Congressionally D esignated Spending ’ ’ contained in the j oint explanatory statement, is rescinded .CONSTRU CT I ON F or construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $8,626,000, to remain available until expended. LA N D AC Q UISITION For expenses necessary to carry out sections 205, 206, and 318 ( d ) of Public Law 94–579, including administrative expenses and ac q uisition of lands or waters, or interests therein, $29,650,000, to be derived from the Land and W ater Conservation Fund and to remain available until expended: Provided, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the H ouse of R epresentatives accompanying Public Law 111– 8 (123 Stat. 524), the amount of $2,000,000 made available for the Henry’s La k e ACEC in the State of Idaho (as described in the table entitled ‘‘Congressionally Designated Spending’’ contained in section 430 of that joint explanatory statement) shall be made available for the U pper Snake / South Fork River ACEC/SRMA in the State of Idaho. OR EG ON AND CALI F ORNIA GRANT LANDS For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested O regon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant coun- ties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $111,557,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against Idaho.


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 123STA T . 2 906PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 theOr e gona n dC a lif ornia land - grant f u nd and s hall b e transferred to the G eneral F und in the T reasur y ina c cordance w ith the second p aragraph of subsection ( b ) of title I Iofthe A ct of August 28,1937 ( 50S tat . 87 6 ). FOREST E C OS Y STE MH E AL THA ND RECO V ERY F U ND ( REVOLV I N G FUND, S P ECIAL ACCOUNT ) In addition to the purposes authori z ed in P ublic L aw 102 – 381, funds m ade a v ailable in the Forest E cosystem H ealth and R ecovery Fund can be used through fiscal year 2015 for the purpose of planning, preparing, implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treat- ments. The Federal share of receipts (defined as the portion of salvage timber receipts not paid to the counties under 4 3 U .S.C. 1181f and 43 U.S.C. 1181f–1 et se q ., and Public Law 106–393) derived from treatments funded by this account shall be deposited through fiscal year 2015 into the Forest Ecosystem Health and Recovery Fund. RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and M anagement Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range improvements from grazing fees and mineral leasing receipts from B an k head- J ones lands transferred to the D epartment of the Interior pursuant to law, but not less than $ 10,000,000, to remain available until e x pended
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d, That not to exceed $600,000 shall be available for administrative expenses. SERVICE CHARGES, DEPOSITS, AND FORFEITURES For administrative expenses and other costs related to proc- essing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, oper- ation, and termination of facilities in con j unction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579, as amended, and Public Law 93–153, to remain available until expended: Pro - vided, That, notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appro- priate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each 43USC17 3 5note.


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 123STA T . 2 907PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 sucha c tion a re use d onthee x act l ands da m a g ed w hich led to the action
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d fu r th er ,T hat an y such moneys that are in excess o f amounts needed to re p air damage to the exact land for which funds were collected may b e used to repair other damaged public lands .MISCEL L AN E OU S TR UST F UN D S I n addition to amounts authori z ed to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the A ct of O ctober 21 ,1 9 7 6(4 3 U . S . C . 1701 ) , and such amounts as may be ad v anced for administrative costs, surveys, appraisals, and costs of ma k ing conveyances of omitted lands under section 211(b) of that Act, to remain available until expended. ADMINISTRATI V E P ROVISIONS The B ureau of L and M anagement may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. P ro j ects funded pursuant to a written commit - ment by a State government to provide an identified amount of money in support of the project may be carried out by the bureau upon receipt of the written commitment. Appropriations for the Bureau of Land Management (BLM) shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title up to $ 100,000 for payments, at the discretion of the Secretary, for information or evidence con- cerning violations of laws administered by the Bureau; miscella- neous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary ’ s certificate, not to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 5 01, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, pro- cure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted q uality standards: Provided further, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. Appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau of Land Management or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products: Provided further, That title I of division E of the Omnibus Appro- priations Act, 2009, is further amended, under the heading ‘ ‘ D epart- ment of the Interior — Bureau of Land Management—Administrative Provisions’’ in the second paragraph: (1) by striking the phrase ‘‘mining law administration’’ and inserting ‘‘from mining claim holders the mining claim maintenance fees and location’’; and (2) by striking ‘‘those’’: Provided further, That section 2 8 f(a) of title 30, United States Code, is amended by striking the phrase ‘‘for years 2004 through 2008,’’ and replacing it with ‘‘, to the extent provided in advance in Appropriations Acts,’’. Section 28g of title Ante,p.704 .