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 123STA T . 323 6PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9as s i s t a nce, an dm ic rof inance p ro g rams, by ort h ro u gh contracts, grants, subgrants and other arrangements
 * Provide

d fu r th er, T hat $40 ,000,000 sha l lbeforthe U nited S tates ’ contribution to the I nternational L abour O rgani z ation’s International P rogram on the E limination of C hild Labor: Provided further, That not less than $ 6, 5 00,000 shall be used to implement model programs that address w or k er rights issues through technical assistance in countries with which the United States has trade preference programs: Provided further, That funds a v ailable for the ac q uisition of D epartmental information technology, architecture, infrastructure, equipment, software and related needs, may be allocated to agencies of the Department by the Department’s Chief Information Officer: Pro - vided further, That funds available for program evaluation may be transferred to any other appropriate account in the Department for such purpose .OF F ICE OF J O B CO RPS To carry out subtitle C of title I of the W orkforce Investment A ct of 19 9 8, including F ederal administrative e x penses, the pur - chase and hire of passenger motor vehicles, the construction, alter- ation and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the Workforce Investment Act $1, 7 08, 2 05,000, plus reimbursements, as follows: ( 1 ) $1,574,015,000 for J ob Corps Operations, of which $98 3 ,015,000 shall be available for obligation for the period July 1, 2010 through June 30, 2011 and of which $591,000,000 shall be available for obligation for the period October 1, 2010 through June 30, 2011; (2) $105,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, of which $5,000,000 shall be available for the period July 1, 2010 through June 30, 2013 and $100,000,000 shall be available for the period October 1, 2010 through June 30, 2013; and (3) $29,190,000 for necessary expenses of the Office of Job Corps shall be available for obligation for the period October 1, 2009 through September 30, 2010: Provided , That the Office of Job Corps shall have contracting authority: Provided further, That no funds from any other appro- priation shall be used to provide meal services at or for Job Corps centers. V E T ER AN SE M P L O Y MENT AN D TRAININ GN ot to exceed $210,156,000 may be derived from the Employ- ment Security Administration Account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 4100 – 4113, 4211– 4215, and 4321–4327, and Public Law 103–353, and which shall be available for obligation by the States through December 31, 2010, of which $2,449,000 is for the National V eterans’ Employment and Training Services Institute. In addition, to carry out Department of Labor programs under section 5(a)(1) of the H omeless Veterans Comprehensive Assistance Act of 2001 and the Veterans Workforce Investment Programs under section 168 of the Workforce Investment Act, $45,971,000, of which $9,641,000 shall be available for obligation for the period July 1, 2010 through June 30, 2011. Contrac t s.


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 123STA T . 323 7PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9OF F ICE OFI NSP EC T O RG ENER ALForsal ar ie sa nd e xp enses o fth e O ffi c eof I nspector G eneral in carr y in g o u t the pro v isions of the Inspector General A ct of 1978,$ 78, 0 9 3 ,000, together w ith not to exceed $ 5 ,9 2 1,000, which m ay b e expended from the E mployment S ecurity Administration Account in the U nemployment T rust Fund . GENERAL P RO V ISIONS SEC. 101. N one of the funds appropriated in this Act for the J ob C orps shall be used to pay the salary of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive L evel I. ( TRANSFER OF F U N D S ) SEC. 102. Not to exceed 1 percent of any discretionary funds ( pursuant to the B alanced Budget and Emergency D eficit Control Act of 1985 ) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, pro j ect, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer
 * Provide

d, That the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided fu r th er, That the Committees on Appropriations of the H ouse of R epresentatives and the Senate are notified at least 15 days in advance of any transfer. SEC. 103. In accordance with Executive Order No. 1312 6, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. SEC. 10 4 . None of the funds appropriated in this title for grants under section 171 of the W or k force Investment Act of 1998 may be obligated prior to the preparation and submission of a report by the Secretary of Labor to the Committees on Appropria - tions of the House of Representatives and the Senate detailing the planned uses of such funds. SEC. 105. None of the funds made available to the Department of Labor for grants under section 414(c) of the American Competi- tiveness and Workforce Improvement Act of 1998 may be used for any purpose other than training in the occupations and indus- tries for which employers are using H – 1B visas to hire foreign workers, and the related activities necessary to support such training: Provided, That the preceding limitation shall not apply to multi-year grants awarded prior to June 30, 2007. SEC. 106. None of the funds available in this Act or available to the Secretary of Labor from other sources for grants under the Career Pathways Innovation Fund and grants authori z ed under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 shall be obligated for a grant awarded on a non-competitive basis. Reports.Child l ab or. N oti f i c atio n . D eadline.

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 123STA T . 323 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9SEC.107 . None o fth ef u n dsap p r opr i ated in this Ac t under the headin g‘ ‘ Em p l o y ment and T raining Administration ’ ’ shall b e used by a recipient or subrecipient of such funds to pay the salary and bonuses of an indi v idual , either as direct costs or indirect costs, at a rate in e x cess of Executive L evel I I. This limitation shall not apply to vendors providing goods and services as defined in O ffice of M anagement and B udget C ircular A – 1 3 3. W here States are recipients of such funds, States may establish a lo w er limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, ta k ing into account factors including the relative cost - of-living in the State, the compensation levels for comparable State or local government employees, and the si z e of the organizations that administer F ederal programs involved including Employment and Training Administration pro- grams. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 10 8 . The Secretary of Labor shall submit to the Commit- tees on Appropriations of the H ouse of R epresentatives and the Senate a plan for the transfer of the administration of the J ob Corps program authorized under title I–C of the Workforce Invest- ment Act of 1 9 98 from the Office of the Secretary to the Employment and Training Administration. As of the date that is 30 days after the date of submission of such plan, the Secretary may transfer the administration and appropriated funds of the program from the Office of the Secretary and the provisions of section 10 2 of P ublic Law 109–1 4 9 shall no longer be applicable. SEC. 109. The Secretary of Labor shall take no action to amend, through regulatory or administration action, the definition estab- lished in section 6 67.220 of title 20 of the Code of Federal Regula- tions for functions and activities under title I of the Workforce Investment Act of 1998, or to modify, through regulatory or adminis- trative action, the procedure for redesignation of local areas as specified in subtitle B of title I of that Act ( including applying the standards specified in section 116(a ) (3)(B) of that Act, but notwithstanding the time limits specified in section 116(a)(3)(B) of that Act), until such time as legislation reauthorizing the Act is enacted. Nothing in the preceding sentence shall permit or re q uire the Secretary to withdraw approval for such redesignation from a State that received the approval not later than October 12, 200 5, or to revise action taken or modify the redesignation procedure being used by the Secretary in order to complete such redesignation for a State that initiated the process of such redesignation by submitting any request for such redesignation not later than October 26, 2005. This title may be cited as the ‘‘ D epartment of Labor Appropria- tions Act, 2010’’. Ef f ectiv e da te .Tr a ns fer pl an. 29USC 2 8 8 3b .


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Page:United States Statutes at Large Volume 123.djvu/3259

 123STA T . 323 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 TI T LE II D E PAR T M E N T OFH EALTH AND H U MAN S ER V I C ES H EALTH RE SOURC ESA ND SER VI CES AD M INISTRATION HEALTH RESOURCES AND SERVICES F orca rr ying o ut tit les II , III, IV, VII, VIII, X , XI, XII, XIX, an d XXVI o f t h ePu b lic Health Ser v ice Act (‘ ‘PHS Act ’ ’ ) , section 427 (a) of the Federal Coal Mine Health and Safety Act, title V and sections 7 1 1, 112 8 E, and 182 0 of the Social Security Act, the Health Care Q uality I mp rovement Act of 1 9 8 6, the Native Ha w aiian Health Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712 of the American J obs Creation Act of 2004, and the Stem Cell Therapeutic and Research Act of 200 5, $ 7,47 3 ,522,000, of which $41,200,000 from general revenues, not - withstanding section 1820( j ) of the Social Security Act, shall be available for carrying out the Medicare rural hospital fle x ibility grants program under such section
 * Provide

d , That of the funds made available under this heading, $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act: Provided fu r th er, That amounts provided for such grants shall be available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic health records to coordi- nate rural veterans care between rural providers and the Depart- ment of Veterans Affairs through the use of the VISTA-Electronic Health Record: Provided further, That of the funds made available under this heading, $129,000 shall be available until expended for facilities renovations at the G illis W. Long Hansen’s Disease Center: Provided further, That in addition to fees authori z ed by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data B an k , and shall remain available until expended to carry out that Act: Provided further, That fees collected for the full disclosure of information under the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating the program, and shall remain available until expended to carry out that Act: Provided further, That no more than $40,000 shall be available until expended for carrying out the provisions of section 224(o) of the PHS Act including associ- ated administrative expenses and relevant evaluations: Provided further, That no more than $44,055,000 shall be available until expended for carrying out the provisions of Public Law 104 – 73 and for expenses incurred by the Department of Health and Human Services (‘‘HHS’’) pertaining to administrative claims made under such law: Provided further, That of the funds made available under this heading, $317,491,000 shall be for the program under title X of the PHS Act to provide for voluntary family planning projects: Provided further, That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribu- tion of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public Aborti o ns.P o l iti ca l acti v iti e s. D e p art m ent o fH ealt h an d H u man S ervices Appropriations Act ,201 0.


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Page:United States Statutes at Large Volume 123.djvu/3260

 123STA T . 32 40PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9of f ice:Provide d fu r th er ,That ofthef unds a v ai l a b le unde r this headin g , $1, 932 , 865 , 0 00 shall re m ain available to the S ecretar y of H HS through Se p tember 30, 2012, for parts A and B of title X X VI of the P HS Act: Provided further, That w ithin the amounts provided for part A of title XXVI of the PHS Act, $6,021,000 shall be available to the Secretary through September 30, 2012, and shall be available to q ualifying j urisdictions, within 30 days of enactment, for increasing supplemental grants for fiscal year 2010 to metropolitan and transitional areas that received grant funding in fiscal year 2009 under subparts I and II of part A of title XXVI of the PHS Act to ensure that an area ’ s total funding under subparts I and II of part A for fiscal year 2009, together with the amount of this additional funding, is not less than 92 .4 percent of the amount of such area’s total funding under part A for fiscal year 2006: Provided further, That notwithstanding sec - tion 2603 ( c ) (1) of the PHS Act, the additional funding to areas under the immediately preceding proviso, which may be used for costs incurred during fiscal year 2009, shall be available to the area for obligation from the date of the award through the end of the grant year for the award: Provided further, That $835,000,000 shall be for State AI D S Drug Assistance Programs authori z ed by section 2616 of the PHS Act: Provided further , That in addition to amounts provided herein, $25,000,000 shall be available from amounts available under section 241 of the PHS Act to carry out parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691 Special Projects of N ational Significance: Provided further, That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security Act, not to e x ceed $92,551,000 shall be available for car- rying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,400,000 shall be available for projects described in paragraphs (A) through ( F ) of section 501(a)(3) of such Act: Provided further, That notwith- standing section 7 47(e)(2) of the PHS Act, not less than $29,025,000 shall be for family medicine programs, not less than $7,575,000 shall be for general dentistry programs, and not less than $7,575,000 shall be for pediatric dentistry programs including fac- ulty loan repayments for service as a full-time faculty member in dentistry: Provided further, That dentistry faculty loan repay- ments shall be made using the same terms and conditions as the Nursing Faculty L oan R epayment program authorized under section 738 of the PHS Act unless otherwise authorized: Provided further, That of the funds provided, $10,000,000 shall be provided to the Denali Commission as a direct lump payment pursuant to Public Law 106 – 113: Provided further, That of the funds provided, $35,000,000 shall be provided for the Delta Health Initiative as authorized in section 219 of division G of Public Law 110–161 and associated administrative expenses: Provided further, That funds provided under section 846 and subpart 3 of part D of title IIIofthePHSActmaybeusedtoma k e prior year adjustments to awards made under these sections: Provided further, That not- withstanding section 340A(d)(3)(B) of the PHS Act, $5,000,000 shall be available for 3 year grant periods under the Patient Navigator Act: Provided further, That of the amount appropriated in this paragraph, $338,002,000 shall be used for the projects financing the construction and renovation (including equipment) of health care and other facilities and for other health-related activities, and in the amounts, specified under the heading ‘ ‘Health Resources Deadlin e .Gr an ts. U r b anandr u ral areas.


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Page:United States Statutes at Large Volume 123.djvu/3261

 123STA T . 32 4 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9andServic e s’ ’in th e state m ent of the mana g ers on the conference re p ort accompan y ing this A ct , and of w hich u p to one percent of the amount for each pro j ect may b e used for re l ated agency administrative e x penses
 * Provide

d fu r th er ,T hat notwithstanding section 3 3 8J(k) of the PH S Act, $10 ,0 75 ,000 shall be available for State O ffices of R ural Health: Provided further, That of the funds provided, $15,000,000 shall be available for the Small Rural Hospital I mprovement G rant Program for q uality improvement and adoption of health information technology: Provided further, That $75,000,000 shall be available for State Health Access Grants to expand access to affordable health care coverage for the uninsured populations in such States .HEALT HE DUC AT ION A S SISTANCE LOANS PR O G RA M ACCOUNT Such sums as may be necessary to carry out the purpose of the program, as authori z ed by title V II of the Public Health Service Act ( ‘ ‘PHS Act’’). F or administrative expenses to carry out the guaranteed loan program, including section 70 9 of the PHS Act, $ 2 ,8 4 7,000. V ACCINE IN J UR Y COMPENSATION PROGRAM TRUST F UND For payments from the Vaccine Injury C ompensation Program Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for claims associated with vaccine - related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title X XI of the Public Health Service Act, to remain available until expended: Provided, That for necessary administra- tive expenses, not to exceed $ 6 ,502,000 shall be available from the Trust Fund to the Secretary of Health and Human Services. CENTERS FOR D ISEASE CONTROL AND PREVENTION DISEASE CONTROL, RESEARCH, AND TRAINING To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI of the Public Health Service Act (‘‘PHS Act’’), sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal M ine Safety and Health Act of 1977, section 13 of the Mine Improvement and N ew E mergency Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations including purchase and insurance of official motor vehicles in foreign coun- tries; and purchase, hire, maintenance, and operation of aircraft, $6,390,387,000, of which $69,150,000 shall remain available until expended for acquisition of real property, equipment, construction and renovation of facilities; of which $595,749,000 shall remain available until expended for the Strategic National Stockpile under section 319F – 2 of the PHS Act; of which $20,620,000 shall be used for the projects, and in the amounts, specified under the heading ‘‘Disease Control, Research, and Training’’ in the statement of the managers on the conference report accompanying this Act; of which $118,979,000 for international HIV / AIDS shall remain available through September 30, 2011; and of which $70,723,000


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 123STA T . 32 4 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9shal l be a v a i lable unt ile xp en d edt o p r ovide s c reenin g and treat m ent f or first response emergenc y services personnel , residents, students, and others related to the S eptember 1 1, 20 01 terrorist attac k s on the W orld T rade C enter
 * Provide

d , That in addition, such sums as may be derived from authori z ed user fees, w hich shall be credited to this account: Provided fu r th er, That with respect to the previous proviso, authorized user fees from the V essel Sanitation P rogram shall be available through September 3 0, 2011: Provided further, That in addition to amounts provided herein, the following amounts shall be available from amounts available under section 2 4 1of the P H S A ct: ( 1 )$ 12, 86 4,000 to carry out the N ational I mmuniza - tion Surveys (2) $138,683,000 to carry out the National Center for Health Statistics surveys; (3) $30,880,000 for Public Health Informatics; (4) $4 7 ,036,000 for Health M arketing; ( 5 ) $31,170,000 to carry out Public Health R esearch; and (6) $ 9 1,724,000 to carry out research activities within the National O ccupational Research Agenda: Provided further, That none of the funds made available for in j ury prevention and control at the Centers for D isease Control and Prevention may be used, in whole or in part, to advocate or promote gun control: Provided further, That of the funds made available under this heading, up to $1,000 per eligible employee of the Centers for Disease Control and Prevention shall be made available until expended for Individual L earning Accounts: Provided further, That the Director may redirect the total amount made available under authority of Public Law 101 – 502, section 3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are to be notified promptly of any such redirection: Provided further, That not to exceed $20,787,000 may be available for making grants under section 1509 of the PHS Act to not less than 21 States, tribes, or tribal organizations: Provided further, That notwithstanding any other provision of law, the Centers for Disease Control and Prevention shall award a single contract or related contracts for development and construction of the next building or facility designated in the B uildings and F acilities Master Plan that collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘ ‘availability of funds ’ ’ found at48CFR52 . 232–18: Provided further, That of the funds appro- priated, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the Centers for Disease Control and Prevention: Provided further, That employees of the Centers for Disease Control and Prevention or the Public Health Service, both civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department of Health and Human Services during the period of detail or assignment. In addition, for necessary expenses to administer the E nergy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended, of which $4,500,000 shall be for use by or in support of the Advisory Board on Radiation and Worker Health (‘‘the Board’’) to carry out its statutory responsibilities, including obtaining audits, technical assistance, and other support from the Board’s audit contractor Contrac t s.N ot if ication. Gu n contro l .


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 123STA T . 32 4 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9withrega r d t o radiatio n do s e esti m ation and re c onstr u ction e f forts , site p rofi l es, procedures, and re v iew of S pecial Ex posure C ohort petitions and evaluation reports
 * Provide

d ,T hat this amount shall b e available consistent with the provision regarding administrative expenses in section 15 1 ( b ) of division B , title I of P ublic L aw 1 06– 55 4.NATION A L IN S TIT U T E SO FH EALT H NATIONAL C ANCE R INSTITUTE F or carr y ing out section 3 01 and title I V of the Public Health Service A ct with respect to cancer, $ 5,103,3 8 8,000, of which up to $8,000,000 may be used for facilities repairs and improvements at the National Cancer Institute - Frederic k Federally Funded R esearch and D evelopment Center in Frederick, M aryland. NATIONAL HEART, LUN G ,AN DB LOOD INSTITUTE For carrying out section 301 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,0 9 6,916,000. NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $413, 2 36,000. NATIONAL INSTITUTE OF DIABETES AND DIGESTI V E AND K IDNE Y DISEASES For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney dis- ease, $1,808,100,000. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological disorders and stroke, $1,636,3 7 1,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES ( INCLUDING TRANSFER OF FUNDS ) For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $4,818,275,000, of which $304,000,000 shall be derived by transfer from funds appropriated under the heading ‘ ‘Biodefense Counter- measures ’ ’ in the Department of Homeland Security Appropriations Act, 2004: Provided, That $300,000,000 may be made available to International Assistance Programs ‘‘ G lobal Fund to Fight HIV / AIDS, Malaria, and Tuberculosis’’, to remain available until expended. NATIONAL INSTITUTE OF GENERAL M EDICAL SCIENCES For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $2,051,798,000.


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Page:United States Statutes at Large Volume 123.djvu/3264

 123STA T . 32 4 4 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9EUNIC E K ENNE DYSHR I V ERN AT I O NA L INSTITUTE O F CHILD HEALTH AND HU M AN DEVELO P MENT Forca rr ying o utse ction 301 an d tit l e IV o f t h e P u b lic H ealth S er v ice A ct w ith res p ect to child health and hu m an development ,$ 1,3 29, 5 2 8 ,000 . NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $ 7 07,03 6 ,000. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For carrying out section 301 and title IV of the Public Health Service Act with respect to environmental health sciences, $689,781,000. NATIONAL INSTITUTE ON A G ING For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $1,110,229,000. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis and musculos k eletal and skin diseases, $539,082,000. NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication dis - orders, $ 4 18,833,000. NATIONAL INSTITUTE OF NURSING RESEARCH For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $145,660,000. NATIONAL INSTITUTE ON ALCOHOL A B USE AND ALCOHOLISM For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse and alcoholism, $462,346,000. NATIONAL INSTITUTE ON DRUG ABUSE For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $1,059,848,000. NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $1,489,372,000.


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 123STA T . 32 45PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9NATIO NA LHUM AN GE NOME R E S EAR C H INSTITUTE Forca rr ying o utse ction 301 an d tit l e IV o f t h e P u b lic H ealth S er v ice A ct w ith res p ect to hu m an genome research ,$5 1 6 ,0 28 ,000 . NATIONAL INSTITUTE O FB IOME D ICAL IMAGING AND BIOENGINEERING For carrying out section 301 and title IV of the Public Health Service Act with respect to biomedical imaging and bioengineering research, $316,582,000. NATIONAL CENTER FOR RESEARCH RESOURCES For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $1,268,8 9 6,000. NATIONAL CENTER FOR COM P LEMENTAR Y AND ALTERNATI V E MEDICINE For carrying out section 301 and title IV of the Public Health Service Act with respect to complementary and alternative medi - cine, $128,8 4 4,000. NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES For carrying out section 301 and title IV of the Public Health Service Act with respect to minority health and health disparities research, $211,5 7 2,000. J OHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the J ohn E . Fogarty Inter- national C enter ( described in subpart 2 of part E of title IV of the Public Health Service Act ) , $70,051,000. NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the Public Health Service Act ( ‘ ‘PHS Act ’ ’) with respect to health information commu- nications, $339,716,000, of which $4,000,000 shall be available until e x pended for improvement of information systems
 * Provide

d, T hat in fiscal year 2010, the N ational L ibrary of M edicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the j urisdiction of the National Institutes of Health: Provided fu r th er, That in addition to amounts provided herein, $8,200,000 shall be available from amounts available under section 241 of the PHS Act to carry out the purposes of the National Information Center on Health Services R esearch and Health Care Technology established under section 478A of the PHS Act and related health services. OFFICE OF THE DIRECTOR For carrying out the responsibilities of the O ffice of the D irector, National Institutes of Health (‘‘NIH’’), $1,177,300,000, of which up to $25,000,000 shall be used to carry out section 214 of this Act: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only:


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 123STA T . 32 46PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9Provide d fu r th er ,That th eNIHis a u th or i z e d to c o l lect third p art y pay m e n ts f or the cost of clinical ser v ices that are incurred in NIH research facilities and that such payments shall b e credited to the NIH M ana g ement F und Provided further, That all funds credited to such Fund shall remain available for one fiscal year after the fiscal year in w hich they are deposited: Provided further, That up to $193 , 8 8 0 ,000 shall be available for continuation of the National C hildren ’ s S tudy: Provided further, That $ 54 4,109,000 shall be available for the Common Fund established under section 40 2A( c ) (1) of the P ublic Health Service Act ( ‘ ‘PHS Act’’): Provided further, That of the funds provided $10,000 shall be for official reception and representation e x penses when specifically approved by the D irector of the NIH: Provided further, That the O ffice of AIDS R esearch within the Office of the Director of the NIH may spend up to $8,000,000 to ma k e grants for construction or renova - tion of facilities as provided for in section 2354(a)(5)( B ) of the PHS Act .BUILD I NGSA ND F A C ILI T I E S For the study of, construction of, renovation of, and ac q uisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $100,000,000, to remain available until expended. SUBSTANCE ABUSE AND MENTAL HEALT H SE RV ICES AD M INISTRATI O N SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES For carrying out titles III, V , and X IX of the Public Health Service Act (‘‘PHS Act’’) with respect to substance abuse and mental health services and the Protection and Advocacy for Individuals with Mental Illness Act, $3,431, 6 24,000, of which $14,518,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘‘Substance Abuse and Mental Health Services’’ in the statement of the managers on the conference report accompanying this Act: Provided , That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A are available for carrying out section 19 7 1 of the PHS Act: Provided further, That $795,000 shall be available until expended for reimbursing the G eneral Services Administration for environmental testing and remediation on the federally owned facilities at St. E lizabeths Hospital, including but not limited to testing and remedi- ation conducted prior to fiscal year 2010: Provided further, That in addition to amounts provided herein, the following amounts shall be available under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) technical assistance, national data, data collection and evaluation activities, and further that the total avail- able under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX (2) $21,039,000 to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assist- ance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX; (3) $22,750,000 to carry out national surveys on drug abuse and mental health; and (4)


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 123STA T . 32 47PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9$8,596, 0 00 toc o l l e ct and anal yz edataande v al u ate s u b stance abuse t r eat m ent p ro g rams
 * Provide

d fu r th er ,Th at sect i on5 2 0 E( b ) (2) o f the PHSA ct shall not apply to funds appropriated under this Act for fiscal year 20 1 0 . A GENCYFOR HE ALTH CARE R E S EARCH AN DQU AL I TY HEALTHCARE RESEARCH AND Q UALITY F or carrying out titles I IIandI X of the Public Health Service Act ( ‘ ‘PHS Act ’ ’), part A of title XI of the Social Security Act, and section 101 3 of the M edicare Prescription D rug, Improvement, and Modernization Act of 2003, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until e x pended: Provided, That the amount made available pursuant to section 93 7 (c) of the PHS Act shall not exceed $397,053,000. C ENTERS FOR MEDICARE AND MEDICAID SER V ICES GRANTS TO STATES FOR M EDICAID For carrying out, except as other w ise provided, titles XI and XIX of the Social Security Act, $220,962, 4 73,000, to remain avail - able until expended. For ma k ing, after May 31, 2010, payments to States under title XIX of the Social Security Act for the last q uarter of fiscal year 2010 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the first quarter of fiscal year 2011, $86,789,382,000, to remain available until expended. Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. P AYMENTS TO HEALTH CARE TRUST FUNDS For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D – 16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d) of Public L aw 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $207,286,070,000. In addition, for making matching payments under section 1844, and benefit payments under section 1860D–16 of the Social Security Act, not anticipated in budget estimates, such sums as may be necessary. PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles XI, X V III, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the Public Health Service Act (‘‘PHS Act’’), and the Clinical


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Page:United States Statutes at Large Volume 123.djvu/3268

 123STA T . 32 48PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Labor a t or yImp ro ve me n t A men d ment s o f198 8, nottoe xc eed $3, 470 , 2 42,000, to be transferred from t h e F edera lH osp i tal Ins u r - ance T rust Fund and the Federal S upplementary M edical Insurance Trust Fund, as authori z ed by section 201 (g) of the Social Security Act together w ith all funds collected in accordance with section 3 5 3ofthe P HS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary of Health and Human Services pursuant to section 302 of the Tax R elief and Health C are Act of 200 6 fees and the sale of data, which shall be credited to this account and remain available until expended
 * and such sums as may be collected from authorized user
 * Provide

d , That all funds derived in accordance with 31 U. S.C. 9701 from organizations estab- lished under title X III of the PHS Act shall be credited to and available for carrying out the purposes of this appropriation: Pro - vided fu r th er, That $35,681,000, to remain available through Sep- tember 30, 2011, shall be for contract costs for the Healthcare Integrated G eneral Ledger Accounting System: Provided further, That $65,600,000, to remain available through September 30, 2011, shall be for the Centers for Medicare and Medicaid Services ( ‘ ‘CMS ’ ’) Medicare contracting reform activities: Provided further, That $55,000,000 shall be available for the State high ris k health insur- ance pool program as authorized by the State High Risk Pool Funding E xtension Act of 2006: Provided further, That the Secretary is directed to collect fees in fiscal year 2010 from Medicare Advan- tage organizations pursuant to section 1857(e)(2) of the Social Secu- rity Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)( D ) of that Act: Provided further, That $3,100,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘‘Pro- gram Management’’ in the statement of the managers on the con- ference report accompanying this Act. H EALTH CA R E FRA UD A N DA B U S EC O NTROL A C COUNT In addition to amounts otherwise available for program integ- rity and program management, $311,000,000, to remain available through September 30, 2011, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $220,320,000 shall be for the Medicare Integrity Program at the Centers for Medicare and Med- icaid Services, including administrative costs, to conduct oversight activities for Medicare Advantage and the Medicare Prescription Drug Program authorized in title X V III of the Social Security Act and for activities listed in section 1893 of such Act; of which $29,790,000 shall be for the Department of Health and Human Services O ffice of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act; of which $31,100,000 shall be for the Medicaid and Children’s Health Insur- ance Program (‘‘CHIP’’) program integrity activities; and of which $29,790,000 shall be for the Department of J ustice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided, That the report re q uired by section 1817(k)(5) of the Social Security Act for fiscal year 2010 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP programs for the funds pro- vided by this appropriation. Reports.F ees.


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By H. P. LOVECRAFT

A posthumous story of immense power, written by a master of weird fiction—a tale of a revolting horror in the cellar of an old house in New England

ROM even the greatest of horrors irony is seldom absent. Sometimes it enters directly into the composition of the events, while sometimes it relates only to their fortuitous position among persons and places. The latter sort is splendidly exemplified by a case in the ancient city of Providence, where in the late forties Edgar Allan Poe used to sojourn often during his unsuccessful wooing of the gifted poetess, Mrs. Whitman. Poe generally stopped at the Mansion House in Benefit Street—the renamed Golden Ball Inn whose roof has sheltered Washington, Jefferson, and Lafayette—and his favorite walk led northward along the same street to Mrs. Whitman's home and the neighboring hillside churchyard of St. John's, whose hidden expanse of Eighteenth Century gravestones had for him a peculiar fascination.

Now the irony is this. In this walk, so many times repeated, the world's greatest master of the terrible and the bizarre was obliged to pass a particular house on the eastern side of the street; a dingy, antiquated structure perched on the abruptly rising side hill, with a great unkempt yard dating from a time when the region was partly open country. It does not appear that he ever wrote or spoke of it, nor is there any evidence that he even noticed it. And yet that house, to the two persons in possession of certain information, equals or outranks in horror the wildest fantasy of the genius who so often passed it unknowingly, and stands starkly leering as a symbol of all that is unutterably hideous.

The house was—and for that matter still is—of a kind to attract the attention of the curious. Originally a farm or semi-farm building, it followed the average New England colonial lines of the middle Eighteenth Century—the prosperous peaked-roof sort, with two stories and dormerless attic, and with the Georgian doorway and interior panelling dictated by the progress of taste at that time. It faced south, with one gable end buried to the lower windows in the eastward rising hill, and the other exposed to the foundations toward the street. Its construction, over a century and a half ago, had followed the grading and 418


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 123STA T . 32 49PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 ADMIN I STRA TI O N F OR CH I L DR E N AND F AMILIES P A Y MENTS TO STATES FOR C HILD S U PPORT ENFORCEMENT AND FAMILY SUPPORT PRO G RAMS F ormakingp a y m e n ts to S tates or ot h er non - Fe d era l entities u nder titles I, I V–D , X, XI,XIV,andXVIo f the So c ial Security Act and the Act of J uly 5, 1960 , $3 ,5 7 1,509,000, to remain a v aila b le until e x pended and for such purposes for the first q uarter of fiscal year 2 011, $1,100,000,000, to remain available until expended . For making payments to each State for carrying out the pro- gram of Aid to Families w ith Dependent Children under title IV– A of the Social Security Act before the effective date of the program of T emporary Assistance for N eedy Families with respect to such State, such sums as may be necessary
 * Provide

d, That the sum of the amounts available to a State with respect to expenditures under such title IV–A in fiscal year 1997 under this appropriation and under such title IV–A as amended by the P ersonal R esponsi- bility and W ork O pportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116 ( b ) of such Act. For making, after M ay 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unantici- pated costs, incurred for the current fiscal year, such sums as may be necessary. LO W INCOME HOME ENERGY ASSISTANCE For making payments under subsections (b), (d), and (e) of section 2602 of the L ow Income H ome E nergy Assistance Act of 19 8 1, $5,100,000,000, of which $ 4 ,509,672,000 shall be for payments under subsections (b) and (d) of such section; and of which $590,328,000 shall be for payments under subsection (e) of such section, to be made notwithstanding the designation requirements of such subsection: Provided, That all but $839,792,000 of the amount provided in this Act for subsections (b) and (d) shall be allocated as though the total appropriation for such payments for fiscal year 2010 was less than $1,975,000,000: Provided fu r th er, That notwithstanding section 2605(b)(2)( B )(ii) of such Act, a State may use any amount of an allotment from prior appropriations Acts that is available to that State for providing assistance in fiscal year 2010, and any allotment from funds appropriated in this Act or any other appropriations Act for fiscal year 2010, to provide assistance to households whose income does not exceed 75 percent of the State median income. REFUGEE AND ENTRANT ASSISTANCE For necessary expenses for refugee and entrant assistance activities authori z ed by section 414 of the Immigration and Nation- ality Act and section 501 of the Refugee Education Assistance Act of 1980, for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and the Trafficking Victims Protection Act of 2000, for costs associated with the care and placement of unaccompanied alien children, and for carrying out the Torture Victims Relief Act of 1998, $730,928,000, of which


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Page:United States Statutes at Large Volume 123.djvu/3270

 123STA T . 32 50PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9upto$9,814 , 0 00 shal l be a v a i lable to c a r r y out the T ra f fic k i ngV icti m s P rotection A ct of 2 000
 * Provide

d, That fun d s appropriated under this heading pursuant to section 414 ( a ) of the I mmigration and N ationality Act, section 4 6 2ofthe H omeland S ecurity Act of 2002, section 2 35 of the W illiam Wilberforce Trafficking Victims Protection R eauthori z ation Act of 2008, and the Trafficking Victims Protection Act of 2000 for fiscal year 2010 shall be available for the costs of assistance provided and other activities to remain available through September 30, 2012 .PAYMENTS T O STATES F O R T H E C H ILD CARE AND DE V ELOPMENT B LOC KG RANT F or carrying out the C hild Care and D evelopment B lock G rant Act of 1990, $2,12 7 ,081,000 shall be used to supplement, not sup - plant State general revenue funds for child care assistance for lo w -income families: Provided, That $18,960,000 shall be available for child care resource and referral and school-aged child care activities, of which $1,000,000 shall be for the Child Care Aware toll-free hotline: Provided fu r th er, That, in addition to the amounts re q uired to be reserved by the States under section 658G, $271,401,000 shall be reserved by the States for activities author- ized under section 658G, of which $99,534,000 shall be for activities that improve the quality of infant and toddler care: Provided further, That $9,910,000 shall be for use by the Secretary of Health and Human Services for child care research, demonstration, and evalua- tion activities. SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title X X of such Act shall be 10 percent. CHILDREN AND FAMILIES SERVICES PROGRAMS ( INCL U DING TRANSFER OF FUNDS ) For carrying out, e x cept as otherwise provided, the Runaway and Homeless Y outh Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse Preven- tion and Treatment Act, sections 310 and 316 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), sections 330F and 330G of the Public Health Service Act ( ‘ ‘PHS Act ’ ’), the Abandoned Infants Assistance Act of 1988, sections 261 and 291 of the Help America Vote Act of 2002, part B – 1 of title IV and sections 413, 1110, and 1115 of the Social Security Act for making payments under the Community Services Block Grant Act (‘‘CSBG Act’’), sections 439(i), 473B, and 477(i) of the Social Security Act, and the Assets for Independence Act; and for necessary administrative expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of J uly 5, 1960, the L ow Income Home E nergy Assistance Act


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Page:United States Statutes at Large Volume 123.djvu/3271

 123STA T . 32 5 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9of198 1 ,ti t leIV oft h eI m mi gra tio n an dN ationalit yAc t, s ection 50 1 of the R ef u gee E ducation Assistance Act of 1980, and section 505 of the F amily S u p port Act of 1988, $ 9, 3 1 4 ,53 2 ,000, of w hich $39,500,000, to remain a v aila b le through September 30, 2011, shall be for grants to States for adoption incentive payments, as author - i z ed by section 4 7 3A of the Social Security Act and may be made for adoptions completed before September 30, 2010
 * Provide

d ,T hat $7,234,783,000 shall be for ma k ing payments under the H ead Start Act: Provided fu r th er, That of funds appropriated in the American Recovery and Reinvestment Act of 2009 for Head Start and Early Head Start, only the amount provided to a Head Start grantee under section 6 40 ( a ) (3)(A)(i)(I) of the Head Start Act as a cost of living ad j ustment may be considered to be part of the fiscal year 2009 base grant for such grantee for purposes of section 640(a)(2)( B )(i) through (v) of the Head Start Act: Provided further, That $746,000,000 shall be for making payments under the C SB G Act: Provided further, That not less than $10,000,000 shall be for section 680(a)(3)(B) of the CSBG Act: Provided further, That in addition to amounts provided herein, $5,762,000 shall be avail- able from amounts available under section 241 of the P HS Act to carry out the provisions of section 1110 of the Social Security Act: Provided further, That to the e x tent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under the CSBG Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary of Health and Human Services shall establish procedures regarding the disposition of intangible assets and program income that permit such assets ac q uired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets in the form of loans, equity invest- ments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That these proce- dures shall apply to such grant funds made available after November 29, 1999: Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corpora- tions: Provided further, That $17,410,000 shall be for activities authorized by the Help America Vote Act of 2002, of which $12,154,000 shall be for payments to States to promote access for voters with disabilities, and of which $5,256,000 shall be for payments to States for protection and advocacy systems for voters with disabilities: Provided further, That $2,000,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of administering the system: Provided further, That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system ’ s effective- ness: Provided further, That of the funds appropriated under this Ap p licab ili ty.Pro c edu re s . 42USC9 92 1n ote.


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 123STA T . 32 5 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9heading,$1 , 0 00,000 s ha l l b e tr ans f erred t o the N ational C o m mis - sion on Children and D isasters to c arr y o u t title VI of di v ision G of P ublic L a w 110 – 1 6 1
 * Provide

d fu r th er ,T hat $ 2 0, 785 ,000 shall be used for the p ro j ects, and in the amounts, specified under the heading ‘ ‘Children and F amilies S ervices Programs ’ ’ in the state- ment of the managers on the conference report accompanying this A ct .PROM O TINGSAFE AN D STA BL E FAMILIES For carrying out section 43 6 of the Social Security Act, $345,000,000 and section 437 of such Act, $63,311,000. PA Y MENTS FOR FOSTER C ARE AND PERMANENCY For ma k ing payments to States or other non-Federal entities under title IV– E of the Social Security Act, $5,532,000,000. For making payments to States or other non-Federal entities under title IV–E of the Social Security Act, for the first q uarter of fiscal year 2011, $1,850,000,000. For making, after M ay 31 of the current fiscal year, payments to States or other non-Federal entities under section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. ADMINISTRATION ON AGING AGING SER V ICES PROGRAMS For carrying out, to the e x tent not otherwise provided, the O lder Americans Act of 1 9 65, section 398 and title X XIX of the Public H ealth Service Act, and section 119 of the Medicare Improve- ments for Patients and Providers Act of 2008, $1,516,297,000, of which $5,500,000 shall be available for activities regarding medica- tion management, screening, and education to prevent incorrect medication and adverse drug reactions: Provided, That $5,974,000 shall be used for the projects, and in the amounts, specified under the heading ‘‘Aging Services Programs’’ in the statement of the managers on the conference report accompanying this Act. OFFICE OF T H E SECRETARY GENERAL DEPARTMENTAL MANAGEMENT ( INCL U DING TRANSFER OF FUNDS ) For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, IV, XVII, XX, and XXI of the Public Health Service Act ( ‘‘PHS Act’’ ) , the U nited States-Mexico B order Health Commission Act, and research studies under section 1110 of the Social Security Act, $493,377,000, together with $5,851,000 to be transferred and expended as authori z ed by section 201(g)(1) of the Social Security Act from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, and $65,211,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services


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 123STA T . 32 5 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9res e a r ch a nd e v a lu a tio n activities
 * Provide

d ,T hat o f this a m ount, $53, 891 , 0 00 shall b e for minorit yAIDSp revention and treatment activities $5, 7 89,000 shall be to assist Af g hanistan in the develop - ment of maternal and child health clinics, consistent w ith section 103 ( a ) ( 4 )( H ) of the Afghanistan F reedom Support Act of 2 002; and $1,000,000 shall be transferred, not later than 30 days after enact- ment of this Act, to the N ational Institute of M ental Health to administer the Interagency Autism C oordinating Committee: Pro - vided fu r th er, That all of the funds made available under this heading for carrying out title X Xofthe P HS Act shall be for activities specified under section 2003(b)(1) of such title XX: Pro- vided further , That of the funds made available under this heading, $110,000,000 shall be for ma k ing competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Fed- eral costs associated with administering and evaluating such con- tracts and grants, of which not less than $75,000,000 shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk fac- tors, of which not less than $25,000,000 shall be available for research and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy, and of which any remaining amounts shall be available for training and technical assistance, evaluation, out- reach, and additional program support activities: Provided further, That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $4,455,000 shall be available to carry out evaluations (including longitudinal evalua- tions) of teenage pregnancy prevention approaches: Provided fur- ther, That funds provided in this Act for embryo adoption activities may be used to provide, to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CF R 59 . 5(a)(4): Pro- vided further, That $1, 6 50,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘ ‘ G eneral Departmental Management ’ ’ in the statement of the managers on the conference report accompanying this Act. OF F ICE OF M E D IC AR E H EARI NGS AND A P PEA L S For e x penses necessary for administrative law judges respon- sible for hearing cases under title X V III of the Social Security Act (and related provisions of title XI of such Act), $71,147,000, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. OFFICE OF T HE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOG Y For expenses necessary for the O ffice of the National Coordi- nator for Health Information Technology, including grants, con- tracts, and cooperative agreements for the development and advancement of interoperable health information technology, $42,331,000: Provided, That in addition to amounts provided herein, Embryoad o pti o n.De ad l ine.


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Page:Weird Tales volume 30 number 04.djvu/35

Rh of the road in that especial vicinity; for Benefit Street—at first called Back Street—was laid out as a lane winding amongst the graveyards of the first settlers, and straightened only when the removal of the bodies to the North Burial Ground made it decently possible to cut through the old family plots.

At the start, the western wall had lain some twenty feet up a precipitous lawn from the roadway; but a widening of the street at about the time of the Revolution sheared off most of the intervening space, exposing the foundations so that a brick basement wall had to be made, giving the deep cellar a street frontage with door and one window above ground, close to the new line of public travel. When the sidewalk was laid out a century ago the last of the intervening space was removed; and Poe in his walks must have seen only a sheer ascent of dull gray brick flush with the sidewalk and surmounted at a height of ten feet by the antique shingled bulk of the house proper.

"That awful door in Benefit Street which I had left ajar."

The farm-like ground extended back very deeply up the hill, almost to


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 123STA T . 32 54PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9$19,0 11,000 shal l be a v a i lable from amo unt s available un d er se c tion 24 1 of the P ublic H ealth S ervice A ct .OF F ICE OFI NSP EC T O RG ENER ALF ore xp enses necessar y for the O ffice of I nspector G eneral, includin g the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 19 78 ,$ 5 0,279,000
 * Provide

d ,T hat of such amount, necessary sums shall be available for providing protective services to the Secretary of Health and Human Services and investigating non - payment of child support cases for w hich non-payment is a Federal offense under 18 U .S. C. 228: Provided fu r th er, That at least forty percent of the funds provided in this Act for the Office of Inspector General shall be used only for investigations, audits, and evaluations per- taining to the discretionary programs funded in this Act. OFFICE FOR CI V IL RIG H TS For expenses necessary for the Office for Civil R ights, $ 3 7,785,000, together with not to exceed $3,314,000 to be trans- ferred and expended as authori z ed by section 201 ( g ) (1) of the Social Security Act from the Federal Hospital Insurance Trust Fund and the Federal Supplementary M edical Insurance Trust Fund. RETIRE M ENT PA Y AN D MEDICAL B ENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman ’ s Family Protection Plan and Sur- vivor B enefit Plan, and for medical care of dependents and retired personnel under the D ependents’ Medical Care Act, such amounts asmaybere q uired during the current fiscal year. P U BLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND ( INCLUDING TRANSFER OF FUNDS ) For expenses necessary to support activities related to coun- tering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies and to pay the costs described in section 319F – 2(c)(7)(B) of the Public Health Service Act ( ‘ ‘PHS Act’’), $ 6 17,942,000 of which $33,065,000 shall be to support preparedness and emergency operations, of which $5,000,000 shall remain avail- able through September 30, 2011; and of which $10,000,000, to remain available through September 30, 2011, shall be to support the delivery of medical countermeasures: Provided, That of the amount made available herein for the delivery of medical counter- measures, up to $8,000,000 may be transferred to the U.S. Postal Service to support delivery of medical countermeasures. For expenses necessary to support advanced research and development pursuant to section 319 L of the PHS Act, $305,000,000, to be derived by transfer from funds appropriated under the heading ‘‘Biodefense Countermeasures’’ in the Department of Homeland Security Appropriations Act, 2004, to remain available through September 30, 2011.


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 123STA T . 32 5 5 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Forexp e ns es ne c ess a r yt o prepare f or an d respond to an i nf lu en z a pande m ic ,$354, 167 , 0 00, of wh ich $ 2 76,000,000 shall b e a v ailable until expended, for activities includin g the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools
 * Provide

d, T hat products purchased with these funds may, at the discretion of the S ecretary of H ealth and Human Services, be deposited in the Strategic N ational Stoc k pile under section 31 9 F – 2 ( a ) of the P HS A ct: Pro - vided fu r th er, That notwithstanding section 496(b) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated herein may be transferred to other appropriation accounts of the D epartment of Health and Human Services, as determined by the Secretary to be appropriate, to be used for the purposes specified in this paragraph . All remaining balances from funds appropriated under the heading ‘ ‘ B iodefense C ountermeasures ’ ’ in the Department of Home - land Security Appropriations Act, 2004, shall be transferred to this account, and shall remain available for obligation through September 30, 2013, for the procurement of medical counter- measures pursuant to section 319F–2(c) of the PHS Act: Provided, That products purchased with these funds shall be deposited in the Strategic National Stockpile under section 319F–2(a) of the PHS Act. For expenses necessary for fit-out and other costs related to a competitive lease procurement to renovate or replace the existing head q uarters building for Public Health Service agencies and other components of the Department of Health and Human Services, $69,5 8 5,000, to remain available until expended. GEN E RAL PR OVIS IONS SE C . 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary of Health and Human Services. SEC. 202. The Secretary of Health and Human Services shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities andtoworkinA I DS programs through and with funds provided by the Agency for International Development, the U nited Nations International Children’s E mergency Fund or the W orld Health O rganization. SEC. 203. None of the funds appropriated in this Act for the National Institutes of Health, the Agency for Healthcare R esearch and Q uality, and the Substance Abuse and M ental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive L evel I. SEC. 204. None of the funds appropriated in this Act may be expended pursuant to section 241 of the Public Health Service Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of Health and Human Services, prior to the preparation Reports.G o v er nm ent emp l o y ees. Chi l d ren a nd yo u th. AIDS .


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 123STA T . 32 56PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9andsubmi ssi o no f a rep or t b y t h e S e c retary of H ea l th and Human Ser v ices to the C ommittees on A ppropriations of the House of R epresentatives and the Senate detailin g the planned uses of such funds . S EC. 205 . N ot w ithstanding section 2 41( a ) of the P ublic Health Service Act , such portion as the Secretary of Health and Human Services shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authori z ed under such Act shall be made available for the evaluation (directly, or by grants or contracts) of the implementation and effectiveness of such programs. (TRANSF ER O FF U N D S ) SEC. 20 6 . Nottoe x ceed 1 percent of any discretionary funds (pursuant to the B alanced Budget and E mergency D eficit Control Actof1 98 5) which are appropriated for the current fiscal year for the Department of Health and Human Services in this Act may be transferred between a program, pro j ect, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer
 * Provide

d, T hat the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided fu r th er, That the Committees on Appropria - tions of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) SEC. 20 7 . The Director of the National I nstitutes of Health, jointly with the Director of the O ffice of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Pro - vided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) SEC. 208. Of the amounts made available in this Act for the National Institutes of Health, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office of AIDS Research, shall be made available to the ‘ ‘Office of AIDS Research Office ’ ’ account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act. SEC. 209. None of the funds appropriated in this Act may be made available to any entity under title X of the Public Health Service Act unless the applicant for the award certifies to the Secretary of Health and Human Services that it encourages family participation in the decision of minors to see k family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. SEC. 210. Notwithstanding any other provision of law, no pro- vider of services under title X of the Public Health Service Act shall be exempt from any State law re q uiring notification or the Certif i ca ti on.N otification. D ea dl ine. Notification. Deadline.


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 123STA T . 32 57PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9repo r ting o fch i ldabus e , child m olestation, se x ual abuse, rape, or incest .SEC . 21 1. N one of the funds appropriated b y this A ct ( including funds appropriated to any trust fund ) may be used to carry out the M edicare Ad v antage program if the Secretary of H ealth and Human Services denies participation in such program to an other -w ise eligible entity (including a P rovider Sponsored O rgani z ation) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions
 * Provide

d, T hat the Secretary shall ma k e appropriate prospective ad j ustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity ’ s enrollees): Provided fu r th er, That nothing in this section shall be construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. SEC. 212.(a) E xcept as provided by subsection (e) none of the funds appropriated for fiscal year 2 0 10 or any subse q uent fiscal year by this or any subsequent appropriations Act may be used to withhold substance abuse funding from a State pursuant to section 1 9 2 6 of the Public Health Service Act ( ‘ ‘PHS Act’’) if such State certifies to the Secretary of Health and Human Services by May 1 of the fiscal year for which the funds are appropriated, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohib- iting the sale of tobacco products to individuals under 1 8 years of age. (b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State’s substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary under section 1926 of such Act. (c) The State is to maintain State expenditures in such fiscal year for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all State obligations of funds for such fiscal year and all State expenditures for the preceding fiscal year for tobacco prevention and compliance activities by program activity by J uly 3 1 of such fiscal year. (d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31 of such fiscal year. (e) None of the funds appropriated by this or any subsequent appropriations Act may be used to withhold substance abuse funding pursuant to section 1926 of the PHS Act from a territory that receives less than $ 1,000,000. SEC. 213. I n order for the D epartment of Health and Human Services to carry out international health activities, including HI V/ AIDS and other infectious disease, chronic and environmental dis- ease, and other health activities abroad during fiscal year 2010: (1) The Secretary of Health and Human Services may exercise authority equivalent to that available to the Secretary Reports.D e adlin e. Dr ug s and drug a b use. C erti f i c ation. Deadline. T obacco and tobacco products. 42US C 30 0 x– 2 6 a.


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 123STA T . 32 58PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ofSta t eins e c tion 2( c ) oft h e State D e p a r t m ent B asic Au thori - ties Act of 1956.T he Secretar y of H ea l th an d Human Ser v ices shall consult w ith the Secretary of State and relevant C hief of M ission to ensure that the authority provided in this section ise x ercised in a manner consistent with section 2 07 of the F orei g n Service Act of 19 8 0 and other applica b le statutes administered by the Department of State. (2) The Secretary of Health and Human Services is author- i z ed to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of ac q uisition , lease, alteration, renovation, and management of facilities outside of the U nited States for the use of the Department of Health and Human Services. The Department of State shall cooperate fully with the Secretary of Health and Human Services to ensure that the Department of Health and Human Services has secure, safe, functional facilities that comply with applicable regulation governing location, setbac k , and other facilities requirements and serve the purposes estab- lished by this Act. The Secretary of Health and Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in partici- pating foreign countries, funds to acquire, lease, alter, or ren- ovate facilities in those countries as necessary to conduct pro- grams of assistance for international health activities, including activities relating to H IV/ AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. ( 3 ) The Secretary of Health and Human Services is author- ized to provide to personnel appointed or assigned by the Sec- retary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4 081 through 4086 and sub j ect to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel ’ s official duty station were in the District of Columbia. L eaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service. S EC . 214.(a)A UTHORI T Y . —N otwithstanding any other provision of law, the Director of the National Institutes of Health ( ‘ ‘Director’’) may use funds available under section 402(b)(7) or 402(b)(12) of the P ublic Health Service Act (‘‘PHS Act’’) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to such section 402(b)(7) (per- taining to the Common Fund) or research and activities described in such section 402(b)(12). (b) PEER R E V IE W .—In entering into transactions under sub- section (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such Ap p licab ili ty.Consu ltation.


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 123STA T . 32 59PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 trans a c t io ns in l i eu o f t h e p eer re v ie w an d advisor y council review procedures that would otherwise b ere q uired under sections 301( a ) (3) ,4 0 5 (b)(1)( B ), 405(b)( 2 ), 40 6 (a)(3)( A ),4 9 2, and 494 of the PHS Act . S EC. 215. F unds which are available for I ndividual L earnin g Accounts for e m ployees of the C enters for D isease Control and Prevention ( ‘ ‘CDC ’ ’) and the Agency for T o x ic Substances and Dis - ease R egistry (‘‘ATSDR’’) may be transferred to ‘‘Disease Control, Research, and Training’’, to be available only for Individual Learning Accounts
 * Provide

d, That such funds may be used for any individual full-time equivalent employee while such employee is employed either by CDC or ATSDR. SEC. 216. N otwithstanding any other provisions of law, funds made available in this Act may be used to continue operating the Council on G raduate M edical E ducation established by section 301 of Public Law 102 – 40 8 . SEC. 21 7 . Not to exceed $ 35,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authori z ed herein, at not to exceed $2,500,000 per pro j ect. (TRANSF ER O FF U N D S ) SEC. 218. O f the amounts made available for the National Institutes of Health, 1 percent of the amount made available for National Research Service Awards (‘‘NRSA’’) shall be made avail- able to the Administrator of the Health Resources and Services Administration to ma k e NRSA awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under section 747 of the Public Health Service Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Q uality to make NRSA awards for health service research. SEC. 219. By May 1, 2010, the Secretary of the Department of Health and Human Services shall amend regulations at 42 CFR Part 50 Subpart F for the purpose of strengthening Federal and institutional oversight and identifying enhancements, including requirements for financial disclosure to institutions, governing financial conflicts of interest among extramural investigators receiving grant support from the National Institutes of Health. This title may be cited as the ‘‘Department of Health and Human Services Appropriations Act, 2010’’. TITLE III DEPARTMENT OF ED U CATION EDUCAT I ONFORT H E DISAD V ANTA G ED For carrying out title I of the Elementary and Secondary Edu- cation Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Edu- cation Act of 1965, $15,914,666,000, of which $4,954,510,000 shall become available on J uly 1, 2010, and shall remain available through September 30, 2011, and of which $10,841,176,000 shall become available on October 1, 2010, and shall remain available Departm e n t ofEduc at i on A ppropriation s Act ,201 0 . Dead l ine. R e g ulations. 4 2 USC 2 9 4o note.


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 123STA T . 32 60PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9throug h Sep te mb er 30,2 0 1 1, f or ac a d em i c y ear 2010 – 2011
 * Pro-vide

d, T hat $6, 597 ,9 4 6,000 s ha l l be for basic gra n ts under section 1124 of the E SE A
 * Provided

fu r th er, That up to $4,000,000 of these funds shall be a v ailable to the Secretary of Education on O ctober 1, 2009, to obtain annually updated local educational - agency-level census poverty data from the B ureau of the C ensus: Provided further, That $1,365,031,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $3,264,712,000 shall be for targeted grants under section 1125 of the ESEA: Provided further, That $3,264,712,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further, That $9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA: Provided further, That $545,633,000 shall be available for school improvement grants under section 1003 ( g ) of the ESEA, w hich shall be allocated by the Secretary through the formula described in section 1003(g)(2) and shall be used consistent with the re q uirements of section 1003(g), e x cept that State and local educational agencies may use such funds (and funds appropriated for section 1003(g) under the American R ecovery and Reinvestment Act) to serve any school eligible to receive assistance under part A of title I that has not made adequate yearly progress for at least 2 years or is in the State ’ s lowest quintile of performance based on proficiency rates and, in the case of secondary schools, priority shall be given to those schools with graduation rates below 60 percent: Provided further, That notwithstanding section 1003(g)(5)(A), each State edu- cational agency may establish a maximum subgrant si z eofnot more than $2,000,000 for each participating school applicable to such funds and to the funds appropriated for section 1003(g) under the American Recovery and Reinvestment Act: Provided further, That the ESEA title I, part A funds awarded to local educational agencies under the American Recovery and Reinvestment Act of 2009 for fiscal year 2009 shall not be considered for the purpose of calculating hold-harmless amounts under subsections 1122(c) and 1125A(g)(3) in ma k ing allocations under title I, part A for fiscal year 2010 and succeeding years and, notwithstanding section 1003(e), shall not be considered for the purpose of reserving funds under section 1003(a): Provided further, That $250,000,000 shall be available under section 1502 of the ESEA for a comprehensive literacy development and education program to advance literacy skills, including pre-literacy skills, reading, and writing, for stu- dents from birth through grade 12, including limited-English-pro- ficient students and students with disabilities, of which one-half of 1 percent shall be reserved for the Secretary of the Interior for such a program at schools funded by the Bureau of Indian Education, one-half of 1 percent shall be reserved for grants to the outlying areas for such a program, $10,000,000 shall be reserved for formula grants to States based on each State’s relative share of funds under part A of title I of the ESEA for fiscal year 2009 (excluding funds awarded under the American Recovery and Reinvestment Act of 2009), except that no State shall receive less than $150,000, to establish or support a State L iteracy Team with expertise in literacy development and education for children from birth through grade 12 to assist the State in developing a com- prehensive literacy plan, up to 5 percent may be reserved for national activities, and the remainder shall be used to award competitive grants to State educational agencies for such a program,


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 123STA T . 32 6 1 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9ofwhic h aSt at e e du catio n a l a g enc ym ay r e s er v eu p to 5 percent for State leadership activities , including technical assistance and training, data collection, reporting, and administration, and shall su b grant not less than 9 5 percent to local educational agencies or, in the case of early literacy, to local educational agencies or other nonprofit providers of early childhood education that partner with a public or private nonprofit organi z ation or agency with a demonstrated record of effectiveness in improving the early lit - eracy development of children from birth through k indergarten entry and in providing professional development in early literacy, giving priority to such agencies or other entities serving greater numbers or percentages of disadvantaged children
 * Provide

d fu r th er, T hat the State educational agency shall ensure that at least 1 5 percent of the subgranted funds are used to serve children from birth through age 5, 40 percent are used to serve students in kindergarten through grade 5, and 40 percent are used to serve students in middle and high school including an e q uitable distribu- tion of funds between middle and high schools: Provided further, That eligible entities receiving subgrants from State educational agencies shall use such funds for services and activities that have the characteristics of effective literacy instruction through profes- sional development, screening and assessment, targeted interven- tions for students reading below grade level and other research- based methods of improving classroom instruction and practice .IMPACTAIDF or carrying out programs of financial assistance to federally affected schools authorized by title V III of the E lementary and Secondary Education Act of 19 6 5, $ 1, 27 6,1 83 ,000, of which $1,138,000,000 shall be for basic support payments under section 8003 ( b ) , $48,602,000 shall be for payments for children with disabil- ities under section 8003(d), $17,509,000 shall be for construction under section 8007(a), $67,208,000 shall be for Federal property payments under section 8002, and $4,864,000, to remain available until e x pended, shall be for facilities maintenance under section 8008: Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) for school year 2009 – 2010, children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)( B ) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. SC HO O L IMP R O VE ME N T P RO G RAM S For carrying out school improvement activities authorized by parts A, B, and D of title II, part B of title IV, subparts 6 and 9ofpartDoftitleV,partsAandBoftitleVI,andpartsB and C of title VII of the Elementary and Secondary Education Act of 1965 ( ‘ ‘ESEA ’ ’) the M c K inney-Vento H omeless Assistance Elig i b ili ty.


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 123STA T . 32 6 2 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9Act;se ct ion203 o f t h e Edu c a tiona lT echnical Assistance Act of 2002; the C o mp act of Fr ee Association Amendments Act of 2003; part Z of title VI II of the H i g her Education Act (‘ ‘HEA ’ ’ ) the Ci v il R ights Act of 1964,$5 ,22 8 ,444,000, of w hich $3,363,993,000 shall b ecome available on J ul y 1, 2010, and remain available through S eptember 30, 2011, and of which $1,681,441,000 shall become available on O ctober 1, 2010, and shall remain avail - able through September 30, 2011, for academic year 2010 – 2011
 * and
 * Provide

d, That funds made available to carry out part B of title VII of the ESEA may be used for construction, renovation, and moderni z ation of any elementary school, secondary school, or struc- ture related to an elementary school or secondary school, run by the D epartment of Education of the State of Hawaii, that serves a predominantly N ative Hawaiian student body: Provided fu r th er, That from the funds referred to in the preceding proviso, not less than $1,500,000 shall be for the activities described in such proviso and $1,500,000 shall be for a grant to the U niversity of Hawaii School of L awforaCenterofE x cellence in Native Hawaiian law: Provided further, That from the funds referred to in the second preceding proviso, $500,000 shall be for part Z of title VIII of the HEA: Provided further, That funds made available to carry out part C of title VII of the ESEA may be used for construction: Provided further, That up to 100 percent of the funds available to a State educational agency under part D of title II of the ESEA may be used for subgrants described in section 2412(a)(2)(B) of such Act: Provided further, That funds made available under this heading for section 2421 of the ESEA may be used for activities authorized under section 802 of the Higher Education Opportunity Act: Provided further , That $56,313,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002: Provided further, That $34,391,000 shall be available to carry out part D of title V of the ESEA: Provided further, That no funds appropriated under this heading may be used to carry out section 5494 under the ESEA: Provided further, That $1 7 ,687,000 shall be available to carry out the Supplemental Education G rants program for the Federated States of M icronesia and the Republic of the Marshall Islands: Provided further, That up to 5 percent of these amounts may be reserved by the Federated States of Micronesia and the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain tech- nical assistance, oversight and consultancy services in the adminis- tration of these grants and to reimburse the United States Depart- ments of Labor, Health and Human Services, and Education for such services: Provided further, That $9,729,000 of the funds avail- able for the Foreign Language Assistance P rogram shall be available for 5-year grants to local educational agencies that would wor k in partnership with one or more institutions of higher education to establish or expand articulated programs of study in languages critical to United States national security that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages: Provided further, That of the funds available for section 2103(a) of the ESEA, $5,000,000 shall be available to continue a national school leader- ship partnership initiative as described in the statement of the managers on the conference report accompanying this Act .


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 123STA T . 32 6 3 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9INDIA N E D UC A T I O N Forexp e ns es ne c ess a r yt o carry o u t , tot h e extent not other wi se pro v i d ed, tit l e V II, part A o f the Ele m entary and S econdary Edu - cation Act of 1965 , $ 1 27 ,2 8 2, 0 00 . INNO V ATION AND I MPR OV E MENT For carryin g out activities authori z ed b y part G of title I, subpart 5 of part A and parts C and D of title II, parts B ,C, and D of title V, and section 150 4 of the Elementary and Secondary Education Act of 1965 (‘ ‘ESEA ’ ’ ) , andbypartFoftitleVIIIof the H igher Education Act of 1965, $1, 3 89,065,000
 * Provide

d, T hat $10,649,000 shall be provided to the N ational Board for P rofessional Teaching Standards to carry out section 2151(c) of the ESEA: Pro - vided fu r th er, That from funds for subpart 4, part C of title II of the ESEA, up to 3 percent shall be available to the Secretary of Education for technical assistance and dissemination of informa- tion: Provided further, That $671,570,000 shall be available to carry out part D of title V of the ESEA: Provided further, That $88,791,000 shall be used for the pro j ects, and in the amounts, specified in the statement of the managers on the conference report accompanying this Act: Provided further, That $1,000,000 shall be for a national clearinghouse that will collect and disseminate information on effective educational practices and the latest research regarding the planning, design, financing, construction, improvement, operation, and maintenance of safe, healthy, high- performance public facilities for nursery and pre- k indergarten, kindergarten through grade 12, and higher education: Provided further, That $400,000,000 of the funds for subpart 1 of part D of title V of the ESEA shall be for competitive grants to local educational agencies, including charter schools that are local edu- cational agencies, or States, or partnerships of: (1) a local edu- cational agency, a State, or both and (2) at least one non-profit organization to develop and implement performance-based com- pensation systems for teachers, principals, and other personnel in high-need schools: Provided further, That such performance- based compensation systems must consider gains in student aca- demic achievement as well as classroom evaluations conducted mul- tiple times during each school year among other factors and provide educators with incentives to take on additional responsibilities and leadership roles: Provided further, That recipients of such grants shall demonstrate that such performance-based systems are devel- oped with the input of teachers and school leaders in the schools and local educational agencies to be served by the grant: Provided further, That recipients of such grants may use such funds to develop or improve systems and tools (which may be developed and used for the entire local educational agency or only for schools served under the grant) that would enhance the q uality and success of the compensation system, such as high-quality teacher evalua- tions and tools to measure growth in student achievement: Provided further, That applications for such grants shall include a plan to sustain financially the activities conducted and systems developed under the grant once the grant period has expired: Provided further, That up to 5 percent of such funds for competitive grants shall be available for technical assistance, training, peer review of applications, program outreach and evaluation activities: Provided further, That of the funds available for part B of title V of the Fina n c ia lp lan .


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