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Page:United States Statutes at Large Volume 123.djvu/182

 123STA T . 1 6 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9TI T LEV I —D E PAR T M E N T OFH OMELAND S E CU RIT Y O F F ICEO F TH EU ND E R SECRET A R Y FOR MANA G E M ENT F oran a d d it iona l a m o u nt f ort he‘ ‘Offi c e of the Under Secretar y for Mana g ement ’ ’ ,$20 0,000,000 for p lanning, de s ign, construction costs, site security, information technology infrastructure, fi x tures, and related costs to consolidate the Department of Homeland Secu - rity head q uarters
 * Provide

d , That no later than 6 0 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation w ith the Administrator of G eneral Ser v ices, shall su b mit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds . OFFICE OF IN SP ECTOR GENERA L For an additional amount for the ‘‘Office of Inspector General’’, $ 5 ,000,000, to remain available until September 3 0, 20 1 2, for over- sight and audit of programs, grants, and pro j ects funded under this title. U.S. C U STOMS AND B ORDER PROTECTION SALARIES AND E X PENSES For an additional amount for ‘‘Salaries and Expenses’’, $160,000,000, of which $100,000,000 shall be for the procurement and deployment of non-intrusive inspection systems and of which $60,000,000 shall be for procurement and deployment of tactical communications equipment and radios: Provided, That no later than 4 5 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropria- tions of the Senate and the House of Representatives a plan for expenditure of these funds. B ORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY For an additional amount for ‘‘Border Security Fencing, Infra- structure, and Technology’’, $100,000,000 for expedited development and deployment of border security technology on the Southwest border: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds. CONSTRUCTION For an additional amount for ‘‘Construction’’, $420,000,000 solely for planning, management, design, alteration, and construc- tion of U.S. Customs and Border Protection owned land border ports of entry: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds. Deadlin e .Exp endi tur e plan. Deadline. Expenditure plan. Deadline. Expenditure plan. Deadline. Expenditure plan.


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Page:United States Statutes at Large Volume 123.djvu/183

 123STA T . 1 6 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9U.S. IM M IGRAT I ON AN DCUS TOMS E N F OR CE MENT AUTOMATION MODERNI Z ATION Foran a d d it iona l a m o u nt f or ‘ ‘ A utomation M od e rni z ation ’ ’ ,$20 ,000,000 for t h e p ro c urement and deplo y ment of tactical commu - nication s e q uipment and radios
 * Provide

d ,T hat no later than 45 days after the date of enactment of this Act, the Secretary of H omeland Security shall su b mit to the Committees on Appropria- tions of the Senate and the House of R epresentati v es a plan for e x penditure of these funds. TRANS P ORTATION SECURIT Y ADMINISTRATION A V IATION SECURITY For an additional amount for ‘‘Aviation Security’’, $ 1 ,000,000,000 for procurement and installation of chec k ed ba g gage explosives detection systems and checkpoint explosives detection equipment: Provided, That the Assistant Secretary of Homeland Security ( Transportation Security Administration ) shall prioritize the a w ard of these funds to accelerate the installations at locations with completed design plans: Provided fu r th er, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropria- tions of the Senate and the House of Representatives a plan for the expenditure of these funds. COAST G UARD AC Q UISITION, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for ‘‘Acquisition, Construction, and Improvements’’, $ 98 ,000,000 for shore facilities and aids to naviga- tion facilities for priority procurements due to materials and labor cost increases; and for costs to repair, renovate, assess, or improve vessels: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds. A L TERATION OF B RIDGES For an additional amount for ‘‘Alteration of B ridges’’, $142,000,000 for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act ( 3 3 U.S.C. 516): Provided, That the Coast Guard shall award these funds to those bridges that are ready to proceed to construction: Provided further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds. Deadlin e .Exp endi tur e plan. Deadline. Expenditure plan. Deadline. Expenditure plan. Deadline. Expenditure plan.

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Page:United States Statutes at Large Volume 123.djvu/184

 123STA T . 1 64PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9FED E RALEM ER G E NCYM ANAGEMEN TA GENCY S TATE AND L O CAL P ROGRAMS F oran a d d it iona l a m o u nt f or g rant s,$30 0,000,000, to be allo -c ated as follo w s
 * (1)

$1 5 0,000,000 for P ublic T rans p ortation S ecurit y Assist- ance and R ailroad Security Assistance under sections 1 4 0 6 and 1513 of t h e I mplementing Recommendations of the 9/ 11 C ommission Act of 2 00 7 (Public L aw 110 – 53 6 U. S.C. 1135 and 1163). (2) $150,000,000 for Port Security G rants in accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c). FI REFIG H TER ASSISTANCE GRANTS For an additional amount for competiti v e grants, $210,000,000 for modifying, upgrading, or constructing non-Federal fire stations: Provide d , That up to 5 percent shall be for program administration: Provided fu r th er, That no grant shall e x ceed $15,000,000. DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCO U NT N otwithstanding section 417(b) of the Robert T. Stafford D is- aster Relief and Emergency Assistance Act, the amount of any such loan issued pursuant to this section for ma j or disasters occur- ring in calendar year 200 8 may exceed $5,000,000, and may be e q ual to not more than 50 percent of the annual operating budget of the local government in any case in which that local government has suffered a loss of 25 percent or more in tax revenues: Provided, That the cost of modifying such loans shall be as defined in section 502 of the Congressional B udget Act of 1974 (2 U.S.C. 661a). EMERGENCY FOOD AND SHELTER For an additional amount to carry out the emergency food and shelter program pursuant to title III of the Mc K inney- V ento H omeless Assistance Act (42 U.S.C. 11331 et seq.), $100,000,000: Provided, That total administrative costs shall not exceed 3.5 per- cent of the total amount made available under this heading. GENERAL PR O VISIONS — THIS TITLE SEC. 601. Notwithstanding any other provision of law, the President shall establish an arbitration panel under the Federal Emergency Management Agency public assistance program to expe- dite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region. The arbitration panel shall have sufficient authority regarding the award or denial of disputed public assist- ance applications for covered hurricane damage under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173) for a project the total amount of which is more than $500,000. SEC. 602. The Administrator of the Federal Emergency Manage- ment Agency may not prohibit or restrict the use of funds designated under the ha z ard mitigation grant program for damage caused by Hurricanes Katrina and Rita if the homeowner who is an applicant for assistance under such program commenced wor kPresid e nt. P a ne l .


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Page:United States Statutes at Large Volume 123.djvu/185

 123STA T . 1 65PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9otherwis ee l i g i b le f orh az ar dm itigatio n grant p rogram assistan c e u nder section 40 4ofthe R obert T.S tafford D isaster Relief and E mergenc yA ssistance Act ( 4 2U .S. C . 517 0c ) without appro v al in writing from the Administrator. S EC . 6 0 3 . Subparagraph (E) of section 34(a)(1) of the F ederal Fire P revention and Control Act of 1 9 74 (15 U.S.C. 2229a(a)(1)(E)) shall not apply with respect to funds appropriated in this or any other Act ma k ing appropriations for fiscal year 2009 or 2010 for grants under such section 34. SEC. 604. (a) RE QUIR E M E NT . — E x cept as provided in subsections (c) through (g) , funds appropriated or otherwise available to the Department of H omeland Security may not be used for the procure - ment of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. (b) C OV ERE DI TEM S .—An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States (1) An article or item of— (A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the mate- rials and components thereof) ( B ) tents, tarpaulins, covers, textile belts, bags, protec- tive e q uipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, para- chutes, or bandages; (C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or (D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. (c) AV A I L A B ILIT Y E X CE P TION.—Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. This section is not applicable to covered items that are, or include, materials determined to be non-available in accordance with Federal Acquisition Regulation 25.104 N onavailable Articles. (d) DE M INIMIS EXCEPTION.—Notwithstanding subsection (a), the Secretary of Homeland Security may accept delivery of an item covered by subsection (b) that contains non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item. (e) EXCEPTION F OR CERTAIN PROCUREMENTS O UTSIDE T H E UNITED STATES.—Subsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Emergency procurements. (f) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does not apply to purchases for amounts not greater than the simplified 6USC453b.


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Page:United States Statutes at Large Volume 123.djvu/186

 123STA T . 1 6 6 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9acquis i t i on t hre sho ld re f erred to in section 2304(g) of title 1 0 ,U nited S tates C ode . (g) AP P LICAB ILI TY T O CO N T R ACT S AN D S U BCONTRACTS F OR P ROCUR EM ENT OF COMMERCIAL I TEMS. —T his section is a p plica b le to contracts and subcontracts for the procure m ent of commercial items not w ithstanding section 34 of the O ffice of F ederal Procure - ment Polic y Act (41 U.S.C. 430), with the e x ception of commercial items listed under subsections (b)(1)(C) and (b)(1)( D ) abo v e. For the purposes of this section, ‘ ‘commercial ’ ’ shall be as defined in the Federal Acquisition R egulation—Part 2. (h) G EO G RAP H IC CO V ERAGE.—In this section, the term ‘‘United States’’ includes the possessions of the United States. (i) N OTIFICATION RE Q UIRED W ITHIN 7 DAYS AFTER CONTRACT A W ARD IF CERTAIN EX CEPTIONS APPLIED.—In the case of any con- tract for the procurement of an item described in subsection (b)(1), if the Secretary of H omeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration k nown as Fed B i z Ops.gov (or any successor site). ( j ) TRAINING DURING FISCAL Y EAR 200 9 .— (1) IN GENERAL.—The Secretary of Homeland Security shall ensure that each member of the acquisition workforce in the Department of Homeland Security who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2009 on the require- ments of this section and the regulations implementing this section. (2) INCLUSION OF INFORMATION IN NEW TRAINING PRO- GRAMS.—The Secretary shall ensure that any training program for the acquisition workforce developed or implemented after the date of the enactment of this Act includes comprehensive information on the requirements described in paragraph (1). (k) CONSISTENCY WITH INTERNATIONA L AGREE- M ENTS.— This section shall be applied in a manner consistent with United States obligations under international agreements. (l) EFFECTIVE DATE.—This section applies with respect to con- tracts entered into by the Department of Homeland Security 1 8 0 days after the date of the enactment of this Act. TITLE V II—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES For an additional amount for ‘‘Management of Lands and Resources’’, for activities on all Bureau of Land Management lands including maintenance, rehabilitation, and restoration of facilities, property, trails and lands and for remediation of abandoned mines and wells, $ 12 5 ,000,000. Ap p licab ili ty.In t er net p os tin g .


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Page:United States Statutes at Large Volume 123.djvu/187

 123STA T . 1 67PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9CONSTRU CT I ON Foran a d d it iona l a m o u nt f or ‘ ‘ C on s tru c tion ’ ’, for acti v iti e son all B ureau of L and M ana g ement lands including construction, reconstruction, decommissioning and re p air of roads, b ridges, trails, propert y , and facilities and for energy efficient retrofits of e x isting facilities, $180 ,000,000 .W I LD L A ND F IR EM ANA G EMENT For an additional amount for ‘‘ W ildland Fire Management’’, for h a z ardous fuels reduction, $1 5 ,000,000. U NITED S TATES FIS H AND WILDLIFE SER V ICE RESOURCE MANAGEMENT For an additional amount for ‘‘ R esource Management’’, for deferred maintenance, construction, and capital improvement pro j ects on national w ildlife refuges and national fish hatcheries and for high priority habitat restoration projects, $1 6 5,000,000. CONSTRUCTION For an additional amount for ‘‘Construction’’, for construction, reconstruction, and repair of roads, bridges, property, and facilities and for energy efficient retrofits of existing facilities, $115,000,000. N ATIONAL P AR K SERVICE O P ERATION OF THE NATIONAL PARK S Y STEM For an additional amount for ‘‘ O peration of the National Par k System’’, for deferred maintenance of facilities and trails and for other critical repair and rehabilitation projects, $1 4 6,000,000. HISTORIC PRESERVATION FUND For an additional amount for ‘‘ H istoric Preservation Fund’’, for historic preservation projects at historically black colleges and universities as authorized by the Historic Preservation Fund A ct of1 9 96 and the Omnibus Parks and Public Lands Act of 1996, $15,000,000
 * Provide

d ,T hat any matching re q uirements otherwise required for such projects are waived. CONSTRUCTION For an additional amount for ‘‘Construction’’, for repair and restoration of roads construction of facilities, including energy effi - cient retrofits of existing facilities; equipment replacement; preservation and repair of historical resources within the National Park System; cleanup of abandoned mine sites on park lands; and other critical infrastructure projects, $589,000,000.


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Page:United States Statutes at Large Volume 123.djvu/188

 123STA T . 1 68PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9UNITEDS T A TE SG E OL O G I C ALS URV E Y SURVEYS , INVESTIGATIONS, AND RESEARC HForan a d d it iona l a m o u nt f or ‘ ‘Sur veys , I nvesti g ations, and R esear ch’ ’, $140 ,000,000, for re p air, construction and restoration of facilities e q uipment replacement and upgrades including stream gages, and seismic and volcano monitoring systems; national map activities; and other critical deferred maintenance and improvement pro j ects .B UREAU O F INDIAN A FFAIRS O P ERATION OF INDIAN PROGRA M S For an additional amount for ‘‘ O peration of Indian P rograms’’, for w or k force training programs and the housing improvement pro - gram, $40,000,000. CONSTRUCTION For an additional amount for ‘‘ C onstruction’’, for repair and restoration of roads; replacement school construction; school improvements and repairs; and detention center maintenance and repairs, $4 5 0,000,000
 * Provide

d ,T hat section 1 6 06 of this Act shall not apply to tri b al contracts entered into by the Bureau of Indian Affairs with this appropriation. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT For an additional amount for ‘‘Indian Guaranteed L oan Pro- gram Account’’, $10,000,000. OFFICE OF INSPECTOR GENERAL SALARIES AND E X PENSES For an additional amount for ‘‘Office of Inspector General’’, $15,000,000, to remain available until September 3 0, 2 012. ENV IRO M ENTAL PROTECTION AGENC Y OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $20,000,000, to remain available until September 30, 2012. H A Z ARDOUS SU B STANCE SUPERFUND For an additional amount for ‘‘Ha z ardous Substance Super- fund’’, $600,000,000, which shall be for the Superfund Remedial program: Provided, That the Administrator of the Environmental Protection Agency ( Administrator ) may retain up to 3 percent of the funds appropriated herein for management and oversight pur- poses.


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Page:United States Statutes at Large Volume 123.djvu/189

 123STA T . 1 69PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 LEAKINGU N D E R GR OU ND ST ORAGE T ANK TRU S T F UND P ROGRA M F oran a d d it iona l a m o u nt f or ‘ ‘L e a k in g Underground Storage Tank Tru s t Fund Program ’ ’ ,$20 0,000,000, wh i c h shall b e for cleanu p acti v ities authori z edb y section 9 00 3( h ) of the Solid W aste D isposal A ct
 * Provide

d , That none of these funds shall be sub j ect to cost share re q uirements under section 9003(h)( 7 )( B ) of such Act: Provided fu r th er, That the Administrator may retain up to 1.5 percent of the funds appropriated herein for management and over - sight purposes. STATE AND TRI B A L ASSISTAN C E G RANTS ( INCLUDING TRANS F ERS OF FUNDS ) For an additional amount for ‘‘State and Tribal Assistance Grants’’, $ 6, 4 00,000,000, which shall be allocated as follows: (1) $4,000,000,000 shall be for capitalization grants for the C lean Water State R evolving Funds under title VI of the Federal Water Pollution Control Act and $2,000,000,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act: Provided, That the Administrator may retain up to 1 percent of the funds appropriated herein for management and oversight purposes: Provided further, That funds appropriated herein shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act nor the matching requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That the Administrator shall reallocate funds appropriated herein for the Clean and Drinking Water State Revolving Funds (Revolving Funds) where projects are not under contract or construction within 12 months of the date of enactment of this Act: Provided further, That not- withstanding the priority rankings they would otherwise receive under each program, priority for funds appropriated herein shall be given to projects on a State priority list that are ready to proceed to construction within 12 months of the date of enactment of this Act: Provided further, That notwith- standing the requirements of section 603(d) of the Federal Water Pollution Control Act or section 1452(f) of the Safe Drinking Water Act, for the funds appropriated herein, each State shall use not less than 50 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, nega- tive interest loans or grants or any combination of these: Pro - vided further, That, to the e x tent there are sufficient eligible project applications, not less than 20 percent of the funds appropriated herein for the Revolving Funds shall be for projects to address green infrastructure, water or energy effi- ciency improvements or other environmentally innovative activities: Provided further, That notwithstanding the limitation on amounts specified in section 51 8 (c) of the Federal Water Pollution Control Act, up to 1.5 percent of the funds appro- priated herein for the Clean Water State Revolving Funds may be reserved by the Administrator for tribal grants under section 518(c) of such Act: Provided further, That up to 4 percent of the funds appropriated herein for tribal set-asides under the Revolving Funds may be transferred to the Indian Deadlin e .


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 123STA T . 1 70PUBLIC LA W 111 –5—FE B. 17 , 200 9HealthS e rvic et osup port m a n a g ement an d oversight o f tri b al pro j ects
 * Provide

d fu r th er ,T hat none of the funds appropriated herein shall be available for the purchase of land or easements as authori z edb y section 603( c ) of the F ederal W ater P ollution C ontrol A ct or for activities authorized by section 1452 ( k )of the Safe D rinking Water Act: Provided further, That not w ith - standing section 603(d)(2) of the Federal Water Pollution Con- trol Act and section 1452(f)(2) of the Safe Drinking Water Act , funds may be used to buy, refinance or restructure the debt obligations of eligible recipients only where such debt was incurred on or after O ctober 1, 200 8; (2) $ 100,000,000 shall be to carry out B rownfields projects authorized by section 104(k) of the Comprehensive E nviron- mental R esponse, Compensation, and L iability Act of 1 9 80: Provided, That the Administrator may reserve up to 3 . 5 percent of the funds appropriated herein for management and oversight purposes: Provided further, That none of the funds appropriated herein shall be subject to cost share re q uirements under section 104(k)(9)(B)(iii) of such Act; and (3) $300,000,000 shall be for Diesel Emission Reduction Act grants pursuant to title VI I, subtitle G of the Energy Policy Act of 2005: Provided, That the Administrator may reserve up to 2 percent of the funds appropriated herein for management and oversight purposes: Provided further, That none of the funds appropriated herein for Diesel Emission Reduction Act grants shall be subject to the State Grant and Loan Program M atching Incentive provisions of section 7 93(c)(3) of such Act. A DMIN I STRA TI VE PR O VISION, ENVIRONMENTA L PROTE C TION A G ENC Y( INCL U DING TRANS F ERS OF FUNDS ) Funds made available to the Environmental Protection Agency by this Act for management and oversight purposes shall remain available until September 30, 2011, and may be transferred to the ‘ ‘Environmental Programs and Management ’ ’ account as needed. DEPARTME N T OF AGRIC U LTURE FOREST SERVICE CA P ITAL IMPROVEMENT AND MAINTENANCE For an additional amount for ‘‘Capital Improvement and Maintenance’’, $650,000,000, for priority road, bridge and trail maintenance and decommissioning, including related watershed res- toration and ecosystem enhancement projects; facilities improve- ment, maintenance and renovation; remediation of abandoned mine sites; and support costs necessary to carry out this work. W ILDLAND FIRE MANAGEMENT For an additional amount for ‘‘Wildland Fire Management’’, $500,000,000, of which $250,000,000 is for hazardous fuels reduc- tion, forest health protection, rehabilitation and hazard mitigation activities on Federal lands and of which $250,000,000 is for State and private forestry activities including hazardous fuels reduction,


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Page:United States Statutes at Large Volume 123.djvu/191

 123STA T . 1 7 1 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9foresth e al tha nd e c os y ste mi m p ro v ement activities on S tate and private lands u sin g all authorities availa b le to the F orest Service
 * Provide

d ,T hat up to $50, 000,000 of the total funding may be used to ma k e w ood - to-energy grants to promote increased utili z ation of biomass from Federal, State and private lands: Provided fu r th er, That funds provided for activities on State and private lands shall not be sub j ect to matching or cost share re q uirements .DEPAR T M E N T O F H EA L THANDH U MAN SER VIC ES I NDIA NH E A LTH SE RV I C E INDIAN HEALTH S ERVICES For an additional amount for ‘ ‘Indian Health Services ’ ’, for health information technology activities, $ 8 5,000,000: Provided, That such funds may be used for both telehealth services develop- ment and related infrastructure requirements that are typically funded through the ‘‘Indian Health Facilities’’ account: Provided further, That notwithstanding any other provision of law, health information technology funds provided within this title shall be allocated at the discretion of the Director of the Indian Health Service. INDIAN HEALTH F ACILITIES For an additional amount for ‘‘Indian Health Facilities’’, for facilities construction projects, deferred maintenance and improve- ment projects, the backlog of sanitation projects and the purchase of equipment, $ 41 5,000,000, of which $ 2 2 7 ,000,000 is provided within the health facilities construction activity for the completion of up to two facilities from the current priority list for which work has already been initiated: Provided, That for the purposes of this Act, spending caps included within the annual appropriation for ‘‘Indian Health Facilities’’ for the purchase of medical equipment shall not apply: Provided further, That section 1 6 06 of this Act shall not apply to tribal contracts entered into by the Service with this appropriation. OTHER RELATED A G ENCIES S M ITHS O NIAN INSTIT U TION FACILITIES CA P ITAL For an additional amount for ‘‘Facilities Capital’’, for repair and revitalization of e x isting facilities, $25,000,000. NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDO W MENT FOR THE ARTS G RANTS AND ADMINISTRATION For an additional amount for ‘‘Grants and Administration’’, $50,000,000, to be distributed in direct grants to fund arts projects and activities which preserve jobs in the non-profit arts sector threatened by declines in philanthropic and other support during


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Page:United States Statutes at Large Volume 123.djvu/192

 123STA T . 1 7 2 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9thecur re n tec o no mi c d o w nturn
 * Provide

d ,T h a t 40p ercent o fs uch funds sha l l b e distributed to S tate arts a g encies and regional arts organi z ations in a manner similar to the agenc y’ s current practice and 6 0 percent of such funds shall be for competiti v ely selected arts pro j ects and activities according to sections 2 and 5( c ) of the N ational F oundation on the A rts and H umanities Act of 19 65 (20 U. S. C . 951, 954(c)): Provided fu r th er, That matching re q uire - ments under section 5(e) of such Act shall be waived. GE NE R A LP R OVI SIONS — THIS TITLE S EC . 7 01. (a) W ithin 3 0 days of enactment of this Act, each agency receiving funds under this title shall submit a general plan for the e x penditure of such funds to the House and Senate Committees on Appropriations. (b) Within 90 days of enactment of this Act, each agency receiving funds under this title shall submit to the Committees a report containing detailed project level information associated with the general plan submitted pursuant to subsection (a). SEC. 702. In carrying out the wor k for which funds in this title are being made available, the Secretary of the Interior and the Secretary of Agriculture shall utilize, where practicable, the Public Lands Corps, Y outh Conservation Corps, Student Conserva- tion Association, J ob Corps and other related partnerships with Federal, State, local, tribal or non-profit groups that serve young adults. SEC. 703. Each agency receiving funds under this title may transfer up to 10 percent of the funds in any account to other appropriation accounts within the agency, if the head of the agency (1) determines that the transfer will enhance the efficiency or effectiveness of the use of the funds without changing the intended purpose and (2) notifies the Committees on Appropriations of the House of Representatives and the Senate 10 days prior to the transfer. TITLE VIII— D EPART M ENTS OF LA B OR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES DEPARTMENT OF LABOR E MPLOY ME NTA N D T R A I NIN G ADMINI S TRATION TRAINING AND EMPLOYMENT SER V ICES For an additional amount for ‘ ‘Training and Employment Serv- ices’’ for activities under the Workforce Investment Act of 199 8 (‘‘WIA’’), $ 3,950,000,000, which shall be available for obligation on the date of enactment of this Act, as follows: (1) $500,000,000 for grants to the States for adult employ- ment and training activities, including supportive services and needs-related payments described in section 134(e)(2) and (3) of the WIA: Provided , That a priority use of these funds shall be services to individuals described in 134(d)(4)(E) of the WIA; (2) $1,200,000,000 for grants to the States for youth activi- ties, including summer employment for youth: Provided, That no portion of such funds shall be reserved to carry out section 127(b)(1)(A) of the WIA: Provided further, That for purposes Grants.No t if i c ation. De a dl ine. R e p orts. Deadlines. Ex pendit u re plan. W ai v er aut h orit y .


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 123STA T . 1 7 3 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9ofsecti o n127(b) (1)( C )(i v )oft h e WIA, f u n d s a vai l able fo ry outh activities shall be allotted as if the total a m ount available for youth activities in the fiscal year does not e x ceed $ 1, 0 00,000,000
 * Provide

d fu r th er ,T hat w ith res p ect to the youth activities provided with such funds, section 101(1 3 )(A) of the WIA shall be applied by substitutin g‘ ‘age 2 4’ ’ for ‘‘age 21’’: Provided further, That the wor k readiness performance indi - cator described in section 13 6 (b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance used to assess the effective- ness of summer employment for youth provided with such funds (3) $1,2 5 0,000,000 for grants to the S tates for dislocated worker employment and training activities; (4) $200,000,000 for the dislocated workers assistance national reserve; (5) $50,000,000 for Y outh B uild activities: Provided, That for program years 200 8 and 200 9, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment ispartofase q uential service strategy; and (6) $750,000,000 for a program of competitive grants for worker training and placement in high growth and emerging industry sectors: Provided, That $500,000,000 shall be for research, labor exchange and j ob training projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA: Provided fur - ther, That in awarding grants from those funds not designated in the preceding proviso, the Secretary of L abor shall give priority to projects that prepare workers for careers in the health care sector: Provided, That funds made available in this paragraph shall remain available through J une 30, 2010: Provided further, That a local board may award a contract to an institution of higher education or other eligible training provider if the local board determines that it would facilitate the training of multiple individuals in high- demand occupations, if such contract does not limit customer choice .COM M UNITYSERV ICE EM PL OYMENT F OR OL D ER A MERICANS F or an additional amount for ‘‘Community Service E mployment for O lder Americans’’ to carry out title V of the Older Americans Act of 1965, $120,000,000, which shall be available for obligation on the date of enactment of this Act and shall remain available through June 30, 2010: Provided, That funds shall be allotted within 30 days of such enactment to current grantees in proportion to their allotment in program year 2008: Provided further, That funds made available under this heading in this Act may, in accord- ance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated. STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS For an additional amount for ‘‘State U nemployment Insurance and Employment Service Operations’’ for grants to States in accord- ance with section 6 of the Wagner- P eyser Act, $400,000,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund, and which shall be Deadlin e .Ap pli c a b ili ty .


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Page:United States Statutes at Large Volume 123.djvu/194

 123STA T . 1 74PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9av a il a b l efor obli g a t io n ont h e d ate of ena c t m ent of thi sA ct
 * Pro-vide

d ,T hat s u ch funds shall remain available to the S tates through Se p tember 30, 2 0 1 0: Provided fu r th er, That $ 2 5 0,000,000 of such funds shall be used b y States for reemployment services for unemployment insurance claimants ( including the integrated E mployment Service and U nemployment I nsurance information technology re q uired to identify and serve the needs of such claim - ants )
 * Provided further, That the Secretary of

L abor shall establish planning and reporting procedures necessary to provide oversight of funds used for reemployment services .DEPARTM E N TA LM ANA G EMENT S ALAR I ES AN D E X PENSES ( IN C L U DING TRANS F ER O F FUNDS )F or an additional amount for ‘ ‘Departmental Management ’ ’, $ 8 0,000,000, for the enforcement of w or k er protection laws and regulations, oversight, and coordination activities related to the infrastructure and unemployment insurance investments in this Act: Provided, That the Secretary of Labor may transfer such sums as necessary to ‘‘Employment and Standards Administration’’, ‘‘Employee B enefits Security Administration’’, ‘‘ O ccupational Safety and H ealth Administration’’, and ‘‘Employment and Training Administration —P rogram Administration’’ for enforcement, over- sight, and coordination activities: Provided further , That prior to obligating any funds proposed to be transferred from this account, the Secretary shall provide to the C ommittees on Appropriations of the House of R epresentatives and the Senate an operating plan describing the planned uses of each amount proposed to be trans- ferred. OFFICE OF J O B CORPS For an additional amount for ‘‘Office of J ob Corps’’, $250,000,000, for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available upon the date of enactment of this Act and remain available for obligation through June 30, 2010: Provided, That section 1552(a) of title 31, United States Code shall not apply if funds are used for a multi-year lease agreement that will result in construction activities that can com- mence within 120 days of enactment of this Act: Provided further, That notwithstanding section 332 4 (a) of title 31, United States Code, the funds used for an agreement under the preceding proviso may be used for advance, progress, and other payments: Provided further, That the Secretary of Labor may transfer up to 15 percent of such funds to meet the operational needs of such centers, which may include training for careers in the energy efficiency, renewable energy, and environmental protection industries: Provided further, That the Secretary shall provide to the Committees on Appropria- tions of the House of Representatives and the Senate an operating plan describing the allocation of funds, and a report on the actual obligations, e x penditures, and unobligated balances for each activity funded under this heading not later than September 30, 200 9 and quarterly thereafter as long as funding provided under this heading is available for obligation or expenditure. Operating p l an .R ep o rt s. D ea d lines. Operating plan. P ro c ed u res.


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Page:United States Statutes at Large Volume 123.djvu/195

 123STA T . 1 75PUBLIC LA W 111 – 5 —FE B. 17 , 2 0 0 9OF F ICE OFI NSP EC T O RG ENER ALForan a d d it iona l a m o u nt f ort he‘ ‘ O ffi c eof I n sp ector G eneral ’ ’ ,$6, 0 00,000, w hich shall remain a v aila b le throu g h S eptember 3 0, 2 0 1 2, for salaries and e x penses necessar y for oversight and audit of programs, grants, and pro j ects funded in this A ct .DEP A RTM E N TOF H EA L THANDH U MAN SER V I C ES HEALT H RESO U RCES AN D SER V ICES AD M INISTRATION HEALTH RESOURCES AND SERVICES For an additional amount for ‘‘Health Resources and Services’’, $2, 5 00,000,000 which shall be used as follows

1 ) $500,000,000 shall be for grants to health centers authori z ed under section 330 of the Public Health Service Act (‘‘PHS Act’’) (2) $1,500,000,000 shall be available for grants for construc - tion, renovation and e q uipment, and for the acquisition of health information technology systems, for health centers including health center controlled networ k s receiving operating grants under section 330 of the PHS Act, notwithstanding the limitation in section 330(e)(3); and (3) $500,000,000 to address health professions workforce shortages, of which $ 7 5,000,000 for the National Health Service Corps shall remain available through September 30, 2011: Pro-vide d, That funds may be used to provide scholarships, loan repayment, and grants to training programs for equipment as authorized in the PHS Act, and grants authorized in sections 330L, 7 4 7, 767 and 76 8 of the PHS Act: Provided fu r th er, That 20 percent of the funds allocated to the National Health Service Corps shall be used for field operations: Provided, That up to 0.5 percent of funds provided in this paragraph may used for administration of such funds: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan detailing activities to be supported and timelines for expenditure prior to making any Federal obligations of funds provided in this paragraph but not later than 9 0 days after the date of enactment of this Act: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded in this paragraph not later than November 1, 2009 and every 6 months thereafter as long as funding provided in this paragraph is available for obligation or expenditure. NATIONAL INSTITUTES OF HEALTH NATIONAL CENTER FOR RESEARCH RESOURCES For an additional amount for ‘‘National Center for Research Resources’’, $1,300,000,000, of which $1,000,000,000 shall be for grants or contracts under section 481A of the Public Health Service Act to construct, renovate or repair existing non-Federal research facilities: Provided, That sections 481A(c)(1)( B )(ii), paragraphs (1), (3), and (4) of section 481A(e), and section 481B of such Act shall Grants.Co ntra c ts. Rep orts. D ea dli nes. O peratin g plan. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/196

 123STA T . 1 76PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9notap p ly tot heus eo f su c h fun d s
 * Provide

d fu r th er ,T hat the r eferences to ‘ ‘ 20 years ’ ’ i nsu b sections ( c ) ( 1 )( B )(i) and (f) of section 48 1 A of such Act are dee m ed to be references to ‘‘10 years’’ for purposes of usin g such funds: Provided further, That the N ational C enter for R esearch Resources may also use $3 00,000,000 to pro -v ide, under the authority of section 301 and title IV of such Act, shared instrumentation and other capital research e q uipment to recipients of grants and contracts under section 481A of such Act and other appropriate entities: Provided further, That the D irector of the Center shall provide to the Committees on Appropriations of the H ouse of Representatives and the S enate an annual report indicating the number of institutions receiving a w ards of a grant or contract under section 481A of such Act, the proposed use of the funding, the average award si z e, a list of grant or contract recipients, and the amount of each award .OF F ICE OF TH E D I R ECTOR ( I N C LU DIN G TR A N S FER OF FUNDS )F or an additional amount for ‘‘ O ffice of the Director’’, $8,200,000,000: Provided , That $ 7 ,400,000,000 shall be transferred to the Institutes and Centers of the National Institutes of Health (‘‘NIH’’) and to the Common Fund established under section 402A(c)(1) of the P ublic Health Service Act in proportion to the appropriations otherwise made to such Institutes, Centers, and Common Fund for fiscal year 200 9
 * Provided further, That these

funds shall be used to support additional scientific research and shall be merged with and be available for the same purposes as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the NIH: Provided further, That none of these funds may be transferred to ‘‘National Institutes of Health — Buildings and Facilities’’, the Center for Scientific Review, the Center for Information Technology, the Clinical Center, or the G lobal Fund for HIV / AIDS, Tuberculosis and M alaria: Provided further, That the funds provided in this Act to the NIH shall not be sub j ect to the provisions of 1 5U .S.C. 6 38(f)(1) and 15 U.S.C. 638(n)(1): Provided further, That $400,000,000 may be used to carry out section 215 of division G of Public L aw 110 – 161. B UILDINGS AND FACILITIES For an additional amount for ‘‘Buildings and Facilities’’, $500,000,000, to fund high-priority repair, construction and improvement projects for National Institutes of Health facilities on the Bethesda, Maryland campus and other agency locations. AGENC Y FOR HEALTHCARE RESEARCH AND Q UALITY HEALTHCARE RESEARCH AND Q UALITY (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Healthcare Research and Quality’’ to carry out titles III and I X of the Public Health Service Act, part A of title XI of the Social Security Act, and section Reports.D e adlin e.


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Page:United States Statutes at Large Volume 123.djvu/197

 123STA T . 1 7 7 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 910 1 3oftheM e dicar e P re s cri p tio nD r ug,Im pro v ement, and Mod - erni z ation A ct of 2 003, $7 00,000,000 for comparative effectiveness research
 * Provide

d, T hat of the amount appropriated in this para- graph, $ 4 00,000,000 sha l l b e transferred to the O ffice of the Director of the N ational Institutes of H ealth (‘ ‘Office of the Director ’ ’ ) to conduct or support comparative effectiveness research under section 301 and title I V of the Public Health S ervice Act: Provided fu r th er, That funds transferred to the Office of the Director ma y be trans- ferred to the Institutes and C enters of the National Institutes of Health and to the Common F und established under section 402A(c)(1) of the Public Health Service Act: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of Health: Provided further, That w ithin the amount available in this paragraph for the Agency for Healthcare R esearch and Q uality, not more than 1 percent shall be made available for additional full-time e q uivalents . In addition, $400,000,000 shall be available for comparative effectiveness research to be allocated at the discretion of the Sec- retary of Health and Human Services (‘‘Secretary’’): Provided, That the funding appropriated in this paragraph shall be used to accel- erate the development and dissemination of research assessing the comparative effectiveness of health care treatments and strate- gies, through efforts that: (1) conduct, support, or synthesize research that compares the clinical outcomes, effectiveness, and appropriateness of items, services, and procedures that are used to prevent, diagnose, or treat diseases, disorders, and other health conditions and (2) encourage the development and use of clinical registries, clinical data networ k s, and other forms of electronic health data that can be used to generate or obtain outcomes data: Provided further, That the Secretary shall enter into a contract with the Institute of Medicine, for which no more than $1, 5 00,000 shall be made available from funds provided in this paragraph, to produce and submit a report to the Congress and the Secretary by not later than J une 30, 200 9, that includes recommendations on the national priorities for comparative effectiveness research to be conducted or supported with the funds provided in this para- graph and that considers input from stakeholders: Provided further, That the Secretary shall consider any recommendations of the Fed- eral Coordinating Council for Comparative E ffectiveness Research established by section 8 04 of this Act and any recommendations included in the Institute of Medicine report pursuant to the pre- ceding proviso in designating activities to receive funds provided in this paragraph and may make grants and contracts with appro- priate entities, which may include agencies within the Department of Health and Human Services and other governmental agencies, as well as private sector entities, that have demonstrated e x perience and capacity to achieve the goals of comparative effectiveness research: Provided further, That the Secretary shall publish information on grants and contracts awarded with the funds pro- vided under this heading within a reasonable time of the obligation of funds for such grants and contracts and shall disseminate research findings from such grants and contracts to clinicians, patients, and the general public, as appropriate: Provided further, That, to the extent feasible, the Secretary shall ensure that the recipients of the funds provided by this paragraph offer an oppor- tunity for public comment on the research: Provided further, That research conducted with funds appropriated under this paragraph Res e arch a nd de v e lopm en t.Pub l i c comment. Publication. C ontracts. Reports. D eadline.


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Page:United States Statutes at Large Volume 123.djvu/198

 123STA T . 1 78PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9shal l becon s i s t ent w ith D e p a r t m ental policies relatin g to the incl u- sion o f women an d minorities in research
 * Provide

d fu r th er ,T hat the S ecretar y shall pro v ide the C ommittees on A ppropriations of the H ouse of R epresentatives and the Senate, the Committee on E nergy and Commerce and the Committee on W ays and M eans of the House of Representatives, and the Committee on Health, Education, L abor, and P ensions and the Committee on F inance of the Senate with an annual report on the research conducted or supported through the funds provided under this heading: Pro - vided further, That the Secretary, j ointly with the Directors of the Agency for Healthcare Research and Q uality and the N ational I nstitutes of Health, shall provide the Committees on Appropria- tions of the House of Representatives and the Senate a fiscal year 20 0 9 operating plan for the funds appropriated under this heading prior to ma k ing any Federal obligations of such funds in fiscal year 2009, but not later than J uly 3 0, 2009, and a fiscal year 20 1 0 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the type of research being conducted or supported, including the priority conditions addressed and specify the allocation of resources within the Department of Health and Human Services: Provided further, That the Secretary, jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, e x penditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is avail- able for obligation or expenditure . A DMIN I STRA TI O N F ORC H I L DR E N AND FAMILIES P A Y MENTS TO STATES FOR THE C HILD CARE AND DE V ELOPMENT B LOC KG RANT For an additional amount for ‘ ‘Payments to States for the Child Care and Development B lock G rant ’ ’, $ 2,000,000,000, which shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided , That, in addition to the amounts re q uired to be reserved by the States under section 6 58 G of the Child Care and Development Block Grant Act of 1990, $255,186,000 shall be reserved by the States for activities authori z ed under section 658G, of which $93,58 7 ,000 shall be for activities that improve the quality of infant and toddler care. CHILDREN AND FAMILIES SERVICES PROGRAMS For an additional amount for ‘‘Children and Families Services Programs’’, $3,150,000,000, which shall be used as follows: ( 1 ) $1,000,000,000 for carrying out activities under the Head Start Act. (2) $1,100,000,000 for expansion of Early Head Start pro- grams, as described in section 6 4 5A of the Head Start Act: Provided, That of the funds provided in this paragraph, up to 10 percent shall be available for the provision of training Reports.D e adlin es. O peratin g plans. Deadlines. Reports. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/199

 123STA T . 1 79PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 andtech n i ca l a s sistance t o s u ch pr o g ra m s consistent w ith sec - tion 645A( g ) ( 2 )o f such Act , and up to 3 percent shall b e a v ailable for monitoring the operation of such programs con- sistent with section 64 1 A of such Act . (3) $ 1, 0 00,000,000 for carr y ing out activities under sections 6 7 4 through 67 9 of the C ommunity S ervices B loc kG rant Act, of which no part shall be sub j ect to section 674(b)(3) of such Act
 * Provide

d ,T hat notwithstanding section 675C(a)(1) and 675C(b) of such Act, 1 percent of the funds made available to each State from this additional amount shall be used for benefits enrollment coordination activities relating to the identi- fication and enrollment of eligible individuals and families in F ederal, State, and local benefit programs: Provided fu r th er, That all funds remaining available to a State from this addi- tional amount after application of the previous proviso shall be distributed to eligible entities as defined in section 673(1) of such Act: Provided further, That for services furnished under such Act during fiscal years 2009 and 2010, States may apply the last sentence of section 673(2) of such Act by substituting ‘ ‘200 percent ’ ’ for ‘‘125 percent’’. (4) $50,000,000 for carrying out activities under section 1110 of the Social Security Act. A DMIN I STRA TI O NONA G ING AGING S E R V I C ES P ROGRAMS For an additional amount for ‘‘Aging Services P rograms’’ under subparts 1 and 2 of part C, of title I II, and under title V I, of the O lder Americans Act of 1965, $100,000,000, of which $65,000,000 shall be for Congregate N utrition Services, $32,000,000 shall be for H ome- D elivered Nutrition Services and $3,000,000 shall be for Nutrition Services for Native Americans. O F FICE OF T H E SECRETAR Y OFFICE OF THE NATIONA L COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY ( INCL U DING TRANSFER OF FUNDS ) For an additional amount for ‘‘Office of the National Coordi- nator for Health Information Technology’’, $2,000,000,000, to carry out title X III of this Act, to remain available until e x pended: Pro - vided, That of such amount, the Secretary of Health and Human Services shall transfer $20,000,000 to the Director of the National Institute of Standards and Technology in the Department of Com- merce for continued work on advancing health care information enterprise integration through activities such as technical standards analysis and establishment of conformance testing infrastructure, so long as such activities are coordinated with the Office of the National Coordinator for Health Information Technology: Provided further, That $300,000,000 is to support regional or sub-national efforts toward health information exchange: Provided further, That 0.25 percent of the funds provided in this paragraph may be used for administration of such funds: Provided further, That funds avail- able under this heading shall become available for obligation only upon submission of an annual operating plan by the Secretary Operating p l an .D ea d line.


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Page:United States Statutes at Large Volume 123.djvu/200

 123STA T . 1 80PUBLIC LA W 111 –5—FE B.1 7, 200 9to t heC o m m i ttee s o nAp p r opri a tions o f the H o u se of R epresenta - ti v es an d the S enate
 * Provide

d fu r th er ,T hat the fis c a ly ear 20 0 9 operatin g plan shall b e provided not later than 90 days after enact- ment of this Act and that subse q uent annual operating plans shall be provided not later than N ovember 1 of each year: Provided further, That these operating plans shall describe ho w e x penditures are aligned with the specific ob j ectives, milestones, and metrics of the F ederal Health I nformation Technology Strategic P lan, including any subsequent updates to the Plan the allocation of resources within the D epartment of Health and Human Services and other Federal agencies; and the identification of programs and activities that are supported: Provided further, That the Sec- retary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each major set of activities not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure .OF F ICE OFI NSP EC T O RG ENER AL For an additional amount for the ‘ ‘ O ffice of Inspector G eneral ’ ’, $ 1 7 ,000,000 which shall remain available until September 3 0, 2012. P UB LIC H EALTH AN D SOCIAL SER V ICES E M ERGENC Y FUND For an additional amount for ‘‘Public Health and Social Services E mergency Fund’’ to improve information technology security at the Department of Health and Human Services, $ 5 0,000,000. PREVENTION AND W ELLNESS FUND ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses for a ‘‘Prevention and W ellness Fund’’ to be administered through the Department of Health and Human Services, Office of the Secretary, $1,000,000,000: Provided , That of the amount provided in this paragraph, $300,000,000 shall be transferred to the Centers for Disease Control and Prevention ( ‘‘CDC’’ ) as an additional amount to carry out the immuni z ation program (‘‘section 317 immunization program’’) authorized by sec- tion 317(a), (j), and ( k )(1) of the Public Health Service Act (‘‘PHS Act’’): Provided further, That of the amount provided in this para- graph, $650,000,000 shall be to carry out evidence-based clinical and community-based prevention and wellness strategies authorized by the PHS Act, as determined by the Secretary, that deliver specific, measurable health outcomes that address chronic disease rates: Provided further, That funds appropriated in the preceding proviso may be transferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appropriate: Provided further, That of the amount appropriated in this paragraph, $50,000,000 shall be provided to States for an additional amount to carry out activities to implement healthcare associated infections reduction strategies: Provided fur - ther, That not more than 0.5 percent of funds made available in this paragraph may be used for management and oversight expenses in the office or division of the Department of Health and Human Services administering the funds: Provided further, Contrac t s.Ev a lu at i ons. De a d line. R e p orts. Deadlines. O peratin g plans. Deadlines.


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Page:United States Statutes at Large Volume 123.djvu/201

 123STA T . 1 8 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9That th eS e cr etar ys ha l l ,di rectly o r thro ug hco n tracts w ith p u b lic or pri v ate entities, provide f or annual evaluations of progra m s carried out with funds provided under this heading in order to determine the q uality and effectiveness of the programs
 * Provide

d fu r th er, That the Secretary shall, not later than 1 year after the date of enactment of this A ct, submit to the C ommittees on Appro - priations of the H ouse of R epresentatives and the Senate, the Committee on E nergy and Commerce of the House of Representa- tives, and the Committee on Health, Education, L abor, and P ensions of the Senate, a report summari z ing the annual evaluations of programs from the preceding proviso: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan for the Prevention and W ellness F und prior to ma k ing any Federal obligations of funds provided in this paragraph ( e x cluding funds to carry out the section 3 1 7 immunization program ) , but not later than 90 days after the date of enactment of this Act, that indicates the prevention priorities to be addressed provides measurable goals for each prevention priority; details the allocation of resources within the D epartment of Health and Human Services; and identi- fies which programs or activities are supported, including descrip- tions of any new programs or activities: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than N ovember 1, 2 009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure . DEPART M ENT O FED U CAT I ON E DUCATIONF O R T HE DI S AD V ANTA G ED For an additional amount for ‘ ‘Education for the Disadvantaged ’ ’ to carry out title I of the Elementary and Secondary Education Act of 196 5 (‘‘ESEA’’), $ 13,000,000,000: Provided, That $5,000,000,000 shall be available for targeted grants under section 1125 of the ESEA: Provided further, That $5,000,000,000 shall be available for education finance incentive grants under section 1125A of the ESEA: Provided further, That $3,000,000,000 shall be for school improvement grants under section 1003(g) of the ESEA: Provided further, That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational agency, no later than December 1, 2009, a school-by-school listing of per-pupil educational expendi- tures from State and local sources during the 200 8– 2009 academic year: Provided further , That each State educational agency shall report that information to the Secretary of Education by March 31, 2010. I MP ACT AID For an additional amount for ‘‘Impact Aid’’ to carry out section 8007 of title V III of the Elementary and Secondary Education Act of 1965, $100,000,000, which shall be expended pursuant to the requirements of section 805. Reports.D e adlin e. Deadline. Ex pendit u res. G rants. Reports. Deadlines. O peratin g plan. Deadline. Reports. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/202

 123STA T . 1 8 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9SCHO O LIMPR O VE ME NTP RO G R A M SForan a d d it iona l a m o u nt f or ‘ ‘S ch ool Im p ro ve ment Pro g ram s’ ’ to carr y out su b part 1, part D of title II of the E lementary and Secondary Education A ctof1 965( ‘‘ESEA’’ ) , and subtitle B of title V II of the M c K inney - Vento H omeless Assistance Act, $720 ,000,000
 * Provide

d, T hat $650,000,000 shall be available for subpart 1, part D of title II of the ESEA: Provided fu r th er , That the Secretary shall allot $70,000,000 for grants under McKinney-Vento to each State in proportion to the number of homeless students identified by the State during the 2007 – 200 8 school year relative to the number of such children identified nationally during that school year: Provided further, That State educational agencies shall subgrant the McKinney-Vento funds to local educational agencies on a competitive basis or according to a formula based on the number of homeless students identified by the local educational agencies in the State: Provided further, That the Secretary shall distribute the McKinney-Vento funds to the States not later than 60 days after the date of the enactment of this Act: Provided further, That each State shall subgrant the McKinney-Vento funds to local educational agencies not later than 120 days after receiving its grant from the Secretary . INNOVAT I ON AN D IMPROVEMENT For an additional amount for ‘‘Innovation and Improvement’’ to carry out subpart 1, part D of title V of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’), $200,000,000: Provided, That these funds shall be e x pended as directed in the fifth, sixth, and seventh provisos under the heading ‘‘Innovation and Improve- ment’’ in the Department of Education Appropriations Act, 2008: Provided further, That a portion of these funds shall also be used for a rigorous national evaluation by the Institute of Education Sciences, utili z ing randomized controlled methodology to the extent feasible, that assesses the impact of performance-based teacher and principal compensation systems supported by the funds pro- vided in this Act on teacher and principal recruitment and retention in high-need schools and sub j ects: Provided further, That the Sec- retary may reserve up to 1 percent of the amount made available under this heading for management and oversight of the activities supported w ith those funds. SPECIAL ED U CATION For an additional amount for ‘‘Special Education’’ for carrying out parts B and C of the Individuals with Disabilities Education Act (‘‘IDEA’’), $12,200,000,000, of which $11, 3 00,000,000 shall be available for section 611 of the IDEA: Provided, That if every State, as defined by section 602(31) of the IDEA, reaches its max- imum allocation under section 611(d)(3)(B)(iii) of the IDEA, and there are remaining funds, such funds shall be proportionally allo- cated to each State subject to the maximum amounts contained in section 611(a)(2) of the IDEA: Provided further, That by J uly 1, 2009, the Secretary of Education shall reserve the amount needed for grants under section 6 4 3(e) of the IDEA, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA: Provided further, That the total amount for each of sections 611(b)(2) and 643(b)(1) of the IDEA, under this and all other Acts, Deadlin e .Gr an ts. Ev al u ati o n. Deadline. Deadline. Grants.


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Page:United States Statutes at Large Volume 123.djvu/203

 123STA T . 1 8 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9for f iscalye ar 20 0 9,wh e n e v er enac t e d , shall b ee qu al to the a m ounts res p ectively available for these activities under these sec - tions durin g fiscal year 200 8 increased by the amount of inflation as specified in section 61 9 ( d ) (2)( B ) of the IDEA:Provide d fu r th er ,T hat $4 00,000,000 shall be available for section 619 of the IDEA and $ 5 00,000,000 shall be available for part C of the IDEA .REHABIL I T ATI ONS E RV I C E S AN D DISABILIT Y RESEARCH F or an additional amount for ‘ ‘Rehabilitation Services and Dis- ability Research ’ ’ for providing grants to States to carry out the V ocational Rehabilitation Services program under part B of title I and parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act of 19 73, $680,000,000: Provided, That $540,000,000 shall be available for part B of title I of the Rehabilita- tion Act: Provided further, That funds provided herein shall not be considered in determining the amount required to be appro- priated under section 100(b)(1) of the Rehabilitation Act of 1973 in any fiscal year: Provided further, That, notwithstanding section 7(14)(A), the Federal share of the costs of vocational rehabilitation services provided with the funds provided herein shall be 100 per- cent: Provided further, That $140,000,000 shall be available for parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act: Provided further, That $18,200,000 shall be for State G rants, $87,500,000 shall be for independent living cen- ters, and $34,300,000 shall be for services for older blind individ- uals. ST U DENT FINANCIAL ASSISTANCE For an additional amount for ‘‘Student Financial Assistance’’ to carry out subpart 1 of part A and part C of title IV of the H igher Education Act of 1965 (‘‘HEA’’), $15,840,000,000, which shall remain available through September 30, 2011: Provided, That $15,640,000,000 shall be available for subpart 1 of part A of title IV of the HEA: Provided further, That $200,000,000 shall be avail- able for part C of title IV of the HEA. The ma x imum P ell Grant for which a student shall be eligible during award year 2009 – 2010 shall be $4,860. STUDENT AID AD M INISTRATION For an additional amount for ‘‘Student Aid Administration’’ to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of the Higher Education Act of 1965, $60,000,000. HI G HER EDUCATION For an additional amount for ‘‘Higher Education’’ to carry out part A of title II of the Higher Education Act of 1965, $100,000,000. INSTITUTE O F EDUCATION SCIENCES For an additional amount for ‘‘Institute of Education Sciences’’ to carry out section 208 of the Educational Technical Assistance Act, $250,000,000, which may be used for Statewide data systems that include postsecondary and wor k force information, of which 20USC1 0 7 0 anote.Gr ant s .


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Page:United States Statutes at Large Volume 123.djvu/204

 123STA T . 1 84PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9upto$5,0 00,000 maybe u s e df o rS tate data c oord in ators and for a w ards to pub l ic or pri v ate or g ani z ations or agencies to improve data coordination .DEPARTM E N TA LM ANA G EMENT OF F IC EOFT H EIN S PECTOR GENERAL F or an additional amount for t h e ‘ ‘ O ffice of the I nspector G en - eral ’ ’,$ 14 ,000,000, which shall remain available through September 3 0, 2 012, for salaries and e x penses necessary for oversight and audit of programs, grants, and pro j ects funded in this A ct. REL A T ED AGE NC IES CORPORATION FOR NATIONAL AN D COMM U NIT Y SER V ICE OPERATING E X PENSES ( INCLUDING TRANSFER OF FUNDS ) For an additional amount for ‘‘Operating Expenses’’ to carry out the Domestic V olunteer Service Act of 1 97 3 ( ‘‘1973 Act’’ ) and the National and Community Service Act of 1990 (‘‘1990 Act’’), $1 6 0,000,000
 * Provide

d , That $ 8 9,000,000 of the funds made avail- able in this paragraph shall be used to ma k e additional awards to existing AmeriCorps grantees and may be used to provide adjust- ments to awards under subtitle C of title I of the 1990 Act made prior to September 30, 2010 for which the Chief Executive Officer of the Corporation for National and Community Service (‘‘CEO’’) determines that a waiver of the Federal share limitation is war- ranted under section 2521.70 of title 45 of the Code of Federal Regulations: Provided fu r th er, That of the amount made available in this paragraph, not less than $6,000,000 shall be transferred to ‘‘Salaries and Expenses’’ for necessary expenses relating to information technology upgrades, of which up to $800,000 may be used to administer the funds provided in this paragraph: Pro - vided further, That of the amount provided in this paragraph, not less than $65,000,000 shall be for programs under title I, part A of the 1973 Act: Provided further, That funds provided in the previous proviso shall not be made available in connection with cost-share agreements authorized under section 192A(g)(10) of the 1990 Act: Provided further, That of the funds available under this heading, up to 20 percent of funds allocated to grants authorized under section 124(b) of title I, subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program under section 129(d)(2) of the 1990 Act: Provided further, That, except as provided herein and in addition to re q uire- ments identified herein, funds provided in this paragraph shall be subject to the terms and conditions under which funds were appropriated in fiscal year 2008: Provided further, That the CEO shall provide the Committees on Appropriations of the H ouse of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than Operating p l an s.D ea d lines.


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Page:United States Statutes at Large Volume 123.djvu/205

 123STA T . 1 85PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9Novemb e r1,20 0 9, tha t d eta il the allo c atio n o f re s o u rces and the increased number of members su p ported b y the A meri C orps pro -g rams
 * Provide

d fu r th er ,T hat the C EO shall provide to the Commit- tees on Appropriations of the H ouse of R epresentatives and the S enate a report on the actual obligations, e x penditures, and unobli- gated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obliga- tion or expenditure . O F F ICEO F INSP EC T O RG ENER ALF or an additional amount for the ‘ ‘Office of Inspector General ’ ’, $ 1,000,000, w hich shall remain available until September 3 0, 2012. NATIONAL SER V ICE TR U ST ( INCLU D IN G TRANSFER OF FUNDS ) For an additional amount for ‘‘National Service Trust’’ estab- lished under subtitle D of title I of the National and Community Service Act of 1990 ( ‘‘1990 Act’’ ) ,$ 4 0,000,000, which shall remain available until expended: Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘‘Operating Expenses’’ for grants made under subtitle C of title I of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is trans- mitted to the Committees on Appropriations of the House of Rep- resentatives and the Senate: Provided further, That the amount appropriated for or transferred to the National Service Trust may be invested under section 14 5 (b) of the 1990 Act without regard to the re q uirement to apportion funds under 31 U .S.C. 1513(b). SOCIAL SECURIT Y AD M INISTRATION LIMITATION ON ADMINISTRATIVE E X PENSES (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘ L imitation on Administrative Expenses’’, $1,000,000,000 shall be available as follows: (1) $500,000,000 shall remain available until expended for necessary expenses of the replacement of the National Com- puter Center and the information technology costs associated with such Center: Provided, That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 10 days prior to each public notice soliciting bids related to site selection and construction and prior to the lease or purchase of such site: Provided further, That the construction plan and site selection for such center shall be sub j ect to review and approval by the Office of M anagement and B udget: Provided further, That such center shall continue to be a government- operated facility and (2) $500,000,000 for processing disability and retirement wor k loads, including information technology acquisitions and research in support of such activities: Provided, That up to Notif i ca tio n.De a dl ine. Notification. R e p o r t s . Deadline.


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Page:United States Statutes at Large Volume 123.djvu/206

 123STA T . 1 86PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9$40, 000,000 maybeus e d by th e Co mm i ssio n e r o fS o c ia l Secu - rity for health information technolo g y research and acti v ities to facilitate the ado p tion of electronic medical records in dis- ability claims, including the transfer of funds to ‘ ‘Supplemental Security I ncome P rogram ’ ’ to carry out activities under section 1 110 of the Social Security A ct .OF F ICEO FI NSP EC T O RG ENER ALF or an additional amount for the ‘‘Office of Inspector General’’, $ 2 ,000,000, w hich shall remain available through September 3 0, 2012, for salaries and e x penses necessary for oversight and audit of programs, pro j ects, and activities funded in this Act. G EN E R A L PRO V ISIONS —TH IS TITLE SEC. 8 01. ( a )U p to 1 percent of the funds made available to the D epartment of Labor in this title may be used for the administration, management, and oversight of the programs, grants, and activities funded by such appropriation, including the evalua- tion of the use of such funds. (b) Funds designated for these purposes may be available for obligation through September 30, 2010. (c) Not later than 30 days after enactment of this Act, the Secretary of Labor shall provide an operating plan describing the proposed use of funds for the purposes described in (a). SEC. 802. REPORT ON T H EI M PACT OF PAST AN D F U TURE M IN- IMUM W A G E INCREASES. (a) IN GENERAL.—Section 8104 of the U.S. Troop Readiness, Veterans’ Care, K atrina Recovery, and Ira q Accountability Appropriations Act, 200 7 (Public Law 110 – 28 121 Stat. 18 9 ) is amended to read as follows

‘ SEC.8104 . R E PO R T O N T H E IM P A CTO F PAST AN D F U TURE MINIMUM W A G E INCREASES. ‘‘(a) STUD Y .— B eginning on the date that is 6 0 days after the date of enactment of this Act, and every year thereafter until the minimum wage in the respective territory is $7.2 5 per hour, the Government Accountability Office shall conduct a study to— ‘‘(1) assess the impact of the minimum wage increases that occurred in American Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under Public Law 110–28, on the rates of employment and the living standards of wor k ers, with full consideration of the other factors that impact rates of employment and the living standards of workers such as inflation in the cost of food, energy, and other commodities; and ‘‘(2) estimate the impact of any further wage increases on rates of employment and the living standards of workers in American Samoa and the Commonwealth of the Northern Mariana Islands, with full consideration of the other factors that may impact the rates of employment and the living stand- ards of workers, including assessing how the profitability of major private sector firms may be impacted by wage increases in comparison to other factors such as energy costs and the value of tax benefits. ‘‘(b) REPORT.—No earlier than March 15, 2010, and not later than April 15, 2010, the Government Accountability Office shall transmit its first report to Congress concerning the findings of Ef f ectiv e da te .29USC 2 06no te. D ead l ine. Op e r atin g plan.


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Page:United States Statutes at Large Volume 123.djvu/207

 123STA T . 1 87PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9thes t udyr e q u i red u n der su b se c ti o n (a).T he G o v ern m ent A ccount - abi l ity Of fice shall transmit any subsequent re p orts to C on g ress concerning the findings of a study required by subsection (a) bet w een M arch 15 and April 15 of each year. ‘ ‘(c) ECON O MI C I N F O R M AT ION. — To provide sufficient economic data for the conduct of the study under subsection (a) the B ureau of the Census of the D epartment of Commerce shall include and separately report on American S amoa , the Commonwealth of the N orthern Mariana Islands, Guam, and the V irgin Islands in its County Business P atterns data with the same regularity and to the same e x tent as each Bureau collects and reports such data for the 5 0 States. In the event that the inclusion of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands in such surveys and data compilations requires time to structure and implement, the Bureau of the Census shall in the interim annually report the best available data that can feasibly be secured with respect to such territories. Such interim report shall describe the steps the Bureau will ta k e to improve future data collection in the territories to achieve comparability with the data collected in the U nited States. The Bureau of the Census, together with the Department of the Interior, shall coordi- nate their efforts to achieve such improvements. ’ ’. (b) EFF E CTI V E DATE.—The amendment made by this section shall take effect on the date of enactment of this Act. SEC. 8 0 3 .E L I G I B LE EM P LO Y EE S INT H E R ECREATIONAL MARINE IN DU STRY. Section 2 (3)( F ) of the L ongshore and H arbor W orkers’ Compensation Act (33 U.S.C. 9 02(3)(F)) is amended— (1) by striking ‘‘, repair or dismantle’’ and (2) by striking the semicolon and inserting ‘‘, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;’’. SEC. 80 4 . FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS RESEARCH. (a) ESTABLISHMENT.—There is hereby established a Federal Coordinating Council for Comparative Effectiveness Research (in this section referred to as the ‘‘Council’’). (b) PURPOSE.—The Council shall foster optimum coordination of comparative effectiveness and related health services research conducted or supported by relevant Federal departments and agen- cies, with the goal of reducing duplicative efforts and encouraging coordinated and complementary use of resources. (c) DUTIES.—The Council shall— (1) assist the offices and agencies of the Federal Govern- ment, including the Departments of Health and Human Serv- ices, Veterans Affairs, and Defense, and other Federal depart- ments or agencies, to coordinate the conduct or support of comparative effectiveness and related health services research; and (2) advise the President and Congress on— (A) strategies with respect to the infrastructure needs of comparative effectiveness research within the Federal Government; and (B) organi z ational expenditures for comparative effectiveness research by relevant Federal departments and agencies. (d) MEMBERSHIP.— 42USC 2 9 9 b–8. 29USC2 06note .


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Page:United States Statutes at Large Volume 123.djvu/208

 123STA T . 1 8 8 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(1)NUMBERAND A P P OI N T MENT .—TheCouncils h a ll b eco m-p ose d o f no t mo r ethan1 5 members , all of w hom are senior F ederal officers or emplo y ees with responsibility for health- related pro g rams, appointed by the P resident, acting through the S ecretary of H ealth and Human Ser v ices (in this section referred to as the ‘ ‘Secretary ’ ’). M embers shall first be appointed to the Council not later than 30 days after the date of the enactment of this A ct. ( 2 ) MEMBER S .— (A) I N G ENERA L .—The members of the Council shall include one senior officer or employee from each of the following agencies (i) The Agency for Healthcare R esearch and Q uality. (ii) The Centers for Medicare and Medicaid Serv- ices. (iii) The National Institutes of Health. (iv) The O ffice of the National Coordinator for Health Information Technology. (v) The Food and D rug Administration. (vi) The V eterans Health Administration within the Department of Veterans Affairs. (vii) The office within the Department of Defense responsible for management of the Department of Defense Military Health Care System. ( B ) QUALI F I C ATIONS.—At least half of the members of the Council shall be physicians or other e x perts with clinical expertise. (3) C H AIRMAN ICE CHAIRMAN.—The Secretary shall serve as Chairman of the Council and shall designate a member to serve as Vice Chairman. (e) REPORTS.— (1) INITIAL REPORT.—Not later than J une 30, 200 9, the Council shall submit to the President and the Congress a report containing information describing current Federal activi- ties on comparative effectiveness research and recommenda- tions for such research conducted or supported from funds made available for allotment by the Secretary for comparative effectiveness research in this Act. (2) ANNUAL REPORT.—The Council shall submit to the Presi- dent and Congress an annual report regarding its activities and recommendations concerning the infrastructure needs, organi z ational expenditures and opportunities for better coordination of comparative effectiveness research by relevant Federal departments and agencies. (f) STAFFING; SUPPORT.—From funds made available for allot- ment by the Secretary for comparative effectiveness research in this Act, the Secretary shall ma k e available not more than 1 percent to the Council for staff and administrative support. (g) RULES OF CONSTRUCTION.— (1) COVERAGE.—Nothing in this section shall be construed to permit the Council to mandate coverage, reimbursement, or other policies for any public or private payer. (2) REPORTS AND RECOMMENDATIONS.—None of the reports submitted under this section or recommendations made by the Council shall be construed as mandates or clinical guidelines for payment, coverage, or treatment. Deadlin e .
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Page:United States Statutes at Large Volume 123.djvu/209

 123STA T . 1 89PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 SEC.805 . GRANTSFO R IMP ACT AIDC ONSTR U CTION. (a)R ESER V A - TION FOR M ANA G EMENT AND O VERSIG H T. —Fromthefunds a p pro- pr i ated to c arr y out this section , the Secretary may reser v eup to 1 percent for mana g ement and oversight of the activities carried out w ith those funds. ( b ) CONSTRUCTION P A Y MENTS.— (1) FORMU L A GRANTS.—(A) IN GENERAL.—From 4 0 percent of the amount not reserved under subsection (a), the Secretary sha l lma k e payments in accordance with section 800 7 (a) of the E lementary and Secondary Education Act of 1 96 5( 2 0 U .S.C. 7707(a)), e x cept that the amount of such payments shall be determined in accordance with subparagraph ( B ). (B) AMOUNT OF PAYMENTS.— T he Secretary shall make a payment to each local educational agency eligible for a payment under section 8007(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(a)) in an amount that bears the same relationship to the funds made available under subparagraph (A) as the number of children determined under subparagraphs (B), (C), and ( D )(i) of section 800 3 (a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(B), (C), and (D)(i)) who were in average daily attendance in the local educational agency for the most recent year for which such information is available bears to the number of such children in all the local educational agencies eligible for a payment under section 8007(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(a)). (2) COMPETITIVE GRANTS.—From 60 percent of the amount not reserved under subsection (a), the Secretary— (A) shall award emergency grants in accordance with section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)) to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities and (B) may award moderni z ation grants in accordance with section 8007(b) of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 7707(b)) to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities. (3) PROVISIONS NOT TO APPLY.—Paragraphs (2), (3), (4), (5)(A)(i), and (5)(A)(vi) of section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)(2), (3), (4), (5)(A)(i), and (5)(A)(vi)) shall not apply to grants made under paragraph (2). (4) ELIGI B ILITY.—A local educational agency is eligible to receive a grant under paragraph (2) if the local educational agency— (A) was eligible to receive a payment under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702 and 7703) for fiscal year 2008; and (B) has— (i) a total taxable assessed value of real property that may be taxed for school purposes of less than $ 100,000,000; or (ii) an assessed value of real property per student that may be taxed for school purposes that is less


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Page:United States Statutes at Large Volume 123.djvu/210

 123STA T . 1 90PUBLIC LA W 111 –5—FE B.1 7, 2009 than th e a v e r a g e of the a s sesse d va lu e of real p ropert y per student that m ay b eta x edfors c hool purposes i n the S tate in w hich the local educational agency is located .(5)CRITE RI AFO R G RA N T S . —I n awarding grants under para - graph ( 2 ) , the Secretary shall consider the following criteria ( A ) W hether the facility poses a health or safety threat to students and school personnel, including noncompliance with building codes and inaccessibility for persons with disabilities, or whether the existing building capacity meets the needs of the current enrollment and supports the provi- sion of comprehensive educational services to meet current standards in the State in which the local educational agency is located. ( B ) T he extent to which the new design and proposed construction utili z e energy efficient and recyclable mate- rials. (C) The extent to which the new design and proposed construction utilizes non-traditional or alternative building methods to expedite construction and pro j ect completion and maximize cost efficiency. ( D ) The feasibility of project completion within 2 4 months from award. ( E ) The availability of other resources for the proposed project. SE C . 806 . M AN D ATOR YP E L L G RANTS. Section 40 1 (b)( 9 )(A) of the H igher Education Act of 1965 (20 U .S.C. 10 7 0a(b)(9)(A)) is amended— (1) in clause (ii), by stri k ing ‘ ‘ $ 2,090,000,000 ’ ’ and inserting ‘‘$2,7 3 3,000,000’’ and (2) in clause (iii), by striking ‘‘$3,030,000,000’’ and inserting ‘‘$3,861,000,000’’. SEC. 807. (a) IN GENERAL.— N otwithstanding any other provi- sion of law, and in order to begin expenditures and activities under this Act as q uickly as possible consistent with prudent management, the Secretary of Education may— (1) award fiscal year 2009 funds to States and local edu- cational agencies on the basis of eligibility determinations made for the award of fiscal year 2008 funds; and (2) require States to make prompt allocations to local edu- cational agencies. (b) INTEREST NOT TO ACCR U E.—Notwithstanding sections 3335 and 6503 of title 31, United States Code, or any other provision of law, the United States shall not be liable to any State or other entity for any interest or fee with respect to any funds under this Act that are allocated by the Secretary of Education to the State or other entity within 30 days of the date on which they are available for obligation. Timep e r i od.


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Page:United States Statutes at Large Volume 123.djvu/211

 123STA T . 1 9 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 TI T LE I X— LE G I S L A TI V E BR A NCH G O VERN M ENT ACCO U NTABILIT Y O F FICE S AL A RIES A ND E XP ENSES F oran a d d it iona l a m o u nt f or ‘ ‘Salari es and E xp enses ’ ’ oft h e Go v ernment A c counta b ilit y Office ,$25, 0 00,000, to remain available until September 3 0, 20 1 0 . GENERAL P ROVISIONS—THIS TITLE SE C . 9 01. G OV ERN M EN T ACCO U NTA B ILIT Y O F FICE REVIE W S AND REPORTS. ( a ) REVIEWS AND REPORTS.— (1) IN GENERAL.—The Comptroller General shall conduct bimonthly revie w s and prepare reports on such reviews on the use by selected States and localities of funds made available in this Act. Such reports, alon g with any audits conducted by the Comptroller General of such funds, shall be posted on the Internet and lin k ed to the website established under this Act by the Recovery Accountability and Transparency Board. (2) REDACTIONS.—Any portion of a report or audit under this subsection may be redacted when made publicly available, if that portion would disclose information that is not sub j ect to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). (b) EXAMINATION OF RECORDS.—The Comptroller General may examine any records related to obligations and use by any Federal, State, or local government agency of funds made available in this Act. SEC. 902. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE. (a) ACCESS.—Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives are authori z ed— (1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract and (2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. (b) RELATIONS H IP TO EXISTIN G AUTHORITY.—Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. TITLE X—MILITARY CONSTRUCTION AN D VETERANS AFFAIRS DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION, ARMY For an additional amount for ‘‘Military Construction, Army’’, $1 8 0,000,000, to remain available until September 30, 2013
 * Pro-vide

d, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design Inter net pos t i n g.


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Page:United States Statutes at Large Volume 123.djvu/212

 123STA T . 1 9 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 andmil i t a ryco n s tr u ction p ro je ctsint h e U nited S tates not other -w ise authori z ed b y law
 * Provide

d fu r th er ,T hat o f the amount pro- v ided under this headin g , $80 ,000,000 shall be for child development centers, and $ 1 00,000,000 shall be for warrior transition comple x es: Provided further, That not later than 3 0 days after the date of enactment of this A ct, the Secretary of D efense shall submit to the C ommittees on Appropriations of both H ouses of Congress an expenditure plan for funds provided under this heading .MIL I TARY C ONS TR UC TION, N A V YAN D MARIN E COR P S F or an additional amount for ‘ ‘Military Construction, Navy and Marine Corps ’ ’,$ 2 80,000,000, to remain available until Sep- tember 30, 2013: Provided, That notwithstanding any other provi- sion of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $100,000,000 shall be for troop housing, $80,000,000 shall be for child develop- ment centers, and $100,000,000 shall be for energy conservation and alternative energy projects: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. MILITARY CONSTRUCTION, AIR FORCE For an additional amount for ‘‘Military Construction, Air Force’’, $180,000,000, to remain available until September 30, 2013: Pro - vided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not other- wise authorized by law: Provided further, That of the amount pro- vided under this heading, $100,000,000 shall be for troop housing and $80,000,000 shall be for child development centers: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. MILITARY CONSTRUCTION, DE F ENSE- W IDE For an additional amount for ‘‘Military Construction, Defense- Wide’’, $1, 45 0,000,000, to remain available until September 30, 2013: Provided , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $1,330,000,000 shall be for the construction of hospitals and $120,000,000 shall be for the E nergy Conservation I nvestment P rogram: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appro- priations of both Houses of Congress an expenditure plan for funds provided under this heading. Deadlin e .Exp endi tur e plan. Deadline. Expenditure plan. Deadline. Expenditure plan. Deadline. Expenditure plan.


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Page:The complete poems of Emily Bronte.djvu/341

Rh XLIII

starry night shall tidings bring,

Go out upon the breezy moor;

Watch for a bird with sable wing,

And beak and talons dropping gore.

Look not around, look not beneath,

But mutely trace its airy way,

Mark where it lights upon the heath;

Then, wanderer, kneel thee down, and pray.

What fortune may await thee there,

I will not, and I dare not tell;

But Heaven is moved by fervent prayer,

And God is mercy—fare thee well!

It is not pride, it is not shame,

That makes her leave the gorgeous hall;

And though neglect her heart might tame,

She mourns not for her sudden fall.

'Tis true she stands among the crowd,

An unmarked and an unloved child,

While each young comrade, blithe and proud,

Glides through the maze of pleasure wild.

And all do homage to their will,

And all seem glad their voice to hear;

She heeds not that, but hardly still

Her eye can hold the quivering tear.


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Page:United States Statutes at Large Volume 123.djvu/213

 123STA T . 1 9 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 MIL I TARYCONS TR UC TION ,A R M Y N ATIONAL G UAR DForan a d d it iona l a m o u nt f or ‘ ‘Militar y Con s tru c tion, Army National Guard ’ ’, $50 ,000,000, to r e main a v aila b le until S e p tember 3 0, 2 0 1 3
 * Provide

d, Th at not w ithstandin g any other provision of law, such funds may be obligated and e x pended to carry out plan - ning and design and military construction pro j ects in the U nited States not otherwise authori z ed by law: Provided fu r th er, That not later than 30 days after the date of enactment of this Act, the Secretary of D efense, in consultation with the Director of the Army National Guard, shall submit to the Committees on Appro- priations of both H ouses of Congress an expenditure plan for funds provided under this heading . MILITARY CONSTRUCTION, AIR NATIONAL GUARD For an additional amount for ‘‘Military Construction, Air National Guard’’, $50,000,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out plan- ning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Director of the Air National Guard, shall submit to the Committees on Appropria- tions of both Houses of Congress an expenditure plan for funds provided under this heading. FAMILY HOUSIN G CONSTRUCTION, ARMY For an additional amount for ‘‘Family Housing Construction, Army’’, $3 4 ,50 7 ,000, to remain available until September 30, 2013: Provided , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading. FAMILY HOUSING OPE RATION AND MAINTENANCE, ARMY For an additional amount for ‘‘Family Housing Operation and Maintenance, Army’’, $3, 9 32,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for maintenance and repair and minor construction projects in the United States not otherwise authorized by law. FAMILY HOUSING CONSTRUCTION, AIR FORCE For an additional amount for ‘‘Family Housing Construction, Air Force’’, $ 8 0,100,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Deadlin e .Exp endi tur e plan. Deadline. Expenditure plan. Deadline. Expenditure plan. Deadline. Expenditure plan.