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Page:United States Statutes at Large Volume 123.djvu/771

 123STA T .75 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9BasedJobTr a in in g gran t s f ro m f u nds reser v ed under se c- tion 132( a ) (2)( A )oft h e WI A and sha l l be used to carr y out such grants under section 1 7 1(d) of such Act , e x ce p t that the 1 0 percent limitation other w ise applicable to the amount of funds that may be used to carry out section 171(d) shall not be applicable to funds used for C ommunity- Based Job Training grants
 * Provide

d fu r th er, That funds provided to carry out section 132(a)(2)(A) of the WIA may be used to provide assistance to a S tate for State-wide or local use in order to address cases where there have been wor k er dislocations across multiple sectors or across multiple local areas and such workers remain dislocated coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further, That funds provided to carry out section 171(d) of the WIA may be used for demonstration pro j ects that provide assistance to new entrants in the workforce and incumbent workers; (B) $5 2,75 8 ,000 for N ative American programs, which shall be available for the period July 1, 200 9 through June 30, 2010; (C) $82, 6 20,000 for migrant and seasonal farmworker programs under section 167 of the WIA, including $76,710,000 for formula grants (of which not less that 70 percent shall be for employment and training services), $5, 4 00,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $510,000 for other discretionary purposes, which shall be available for the period July 1, 2009 through June 30, 2010: Provided , That notwithstanding any other provi- sion of law or related regulation, the D epartment of L abor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services; (D) $1,000,000 for carrying out the Women in Apprenticeship and Nontraditional O ccupations Act, which shall be available for the period July 1, 2009 through June 30, 2010; and ( E ) $70,000,000 for Y outhBuild activities as described in section 173A of the WIA, which shall be available for the period April 1, 2009 through June 30, 2010: Provided, That for program years 2008 and 2009, 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 is part of a se q uential service strategy; (3) for national activities, $167,570,000, as follows: (A) $48,781,000 for P ilots, Demonstrations, and R esearch, which shall be available for the period April 1, 2009 through June 30, 2010, of which $5,000,000 shall be for competitive grants to address the employment and training needs of young parents (notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA), and of which $41,324,000 shall be used for the projects, and in the amounts, specified under the heading ‘ ‘Training and Employment Services ’ ’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funding


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Page:United States Statutes at Large Volume 123.djvu/772

 123STA T .75 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9provide d t o ca rr y o u t s uc h pro j ects sha l l n ot b e subject to the re q uire m ents o f sections 17 1 ( b ) ( 2 )( B ) and 171(c)( 4 )( D ) of the WIA, the joint fundin g requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time limit requirements of sections 171(b)(2)( C ) and 171(c)(4)(B) of the WIA (B) $ 1 08 ,4 93 ,000 for e x- offender activities, under the authority of section 171 of the WIA, w hich shall be avail- able for the period April 1, 2009 through J une 30, 2010, notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D)
 * Provide

d, T hat not less than $88, 5 00,000 shall be for youthful offender activities, of which $35,000,000 shall be for a program of competitive grants to local educational agencies or community-based organi z a- tions to develop and implement mentoring strategies that integrate educational and employment interventions designed to prevent youth violence in schools identified as persistently dangerous under section 9532 of the E lementary and S econdary Education Act; (C) $ 6 ,918,000 for Evaluation, which shall be available for the period July 1, 2009 through June 30, 2010; and (D) $3,378,000 for the Denali Commission, which shall be available for the period July 1, 2009 through June 30, 2010 .COM M UNITYSERV ICE EM PL OYMENT F OR OL D ER A MERICANS To carry out title V of the O lder Americans Act of 1965, $571,925,000, which shall be available for the period July 1, 2009 through June 30, 2010: Provided , That funds made available under this heading in this Act may, in accordance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated. FEDERAL UNEMPLOYMENT B ENEFITS AND ALLO W ANCES F or payments during fiscal year 2009 of trade adjustment ben- efit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, $958,800,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2009. STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS For authorized administrative expenses, $91,698,000, together with not to exceed $3,563,167,000 which may be expended from the Employment Security Administration Account in the U nemploy- ment Trust Fund ( ‘ ‘the Trust Fund ’ ’), of which: (1) $2,782,145,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including $10,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper

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Page:United States Statutes at Large Volume 123.djvu/773

 123STA T .75 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9paymentr e vi e ws), t h ea d ministrati o no fu nemp l oyment insur - an c e for F ederal employees and for e x -service mem b ers as authori z ed under 5U.S . C . 8 5 01– 85 23, and the administration of trade read j ustment allowances and alternative trade adjust- ment assistance under the T rade A ctof1 974 , and shall be available for obli g ation by the States through D ecember 31, 2009, except that funds used for automation ac q uisitions shall be available for obligation by the States through September 30, 2011, and funds used for unemployment insurance wor k - loads experienced by the States through September 30, 2009 shall be available for Federal obligation through December 31, 2009 2) $ 11,310,000 from the Trust Fund is for national activi- ties necessary to support the administration of the Federal- State unemployment insurance system; (3) $ 6 80,893,000 from the Trust Fund, together with $22,683,000 from the G eneral Fund of the Treasury, is for grants to States in accordance with section 6 of the W agner- P eyser Act, and shall be available for Federal obligation for the period J uly 1, 2009 through June 30, 2010; (4) $20,869,000 from the Trust Fund is for national activi- ties of the E mployment Service, including administration of the work opportunity tax credit under section 51 of the I nternal R evenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act, including not to exceed $1,228,000 that may be used for amortization pay- ments to States which had independent retirement plans in their State employment service agencies prior to 1980; (5) $67,950,000 from the Trust Fund is for the administra- tion of foreign labor certifications and related activities under the Immigration and N ationality Act and related laws, of which $52,821,000 shall be available for the Federal administration of such activities, and $15,129,000 shall be available for grants to States for the administration of such activities; (6) $51,720,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and section 171 (e)(2)(C) of the Workforce Investment Act of 1998 and shall be available for Federal obligation for the period July 1, 2009 through June 30, 2010; and (7) $17,295,000 from the General Fund is to provide for work incentive grants to the States and shall be available for the period July 1, 2009 through June 30, 2010
 * Provide

d, That to the extent that the Average Weekly Insured Unemployment ( ‘ ‘AWIU ’ ’) for fiscal year 2009 is projected by the Department of L abor to exceed 3,487,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided fu r th er, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary of Labor may use funds appropriated for grants


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Page:United States Statutes at Large Volume 123.djvu/774

 123STA T .754PUBLIC LA W 111 –8—M A R .11, 2 0 0 9toS t a t esund e r t i t l e I IIo f t h eSo c ial Securit yA ct to m a k e p ayments on b ehalf of States for the use of the N ational D irectory of Ne wH ires under section 453(j) ( 8 ) of such Act
 * Provide

d fu r th er ,T hat funds appropriated in this Act which are used to establish a national one - stop career center system, or which are used to support the national acti v ities of the F ederal-State unemployment insurance or immi g ration programs, may be obligated in contracts, grants, or agreements with non-State entities: Provided further, That funds appropriated under this Act for activities authori z ed under title III of the Social Security Act and the W agner- P eyser Act may be used by States to fund integrated U nemployment Insurance and E mployment Service automation efforts, notwithstanding cost allocation principles prescribed under the O ffice of M anagement and B udget C ircular A – 8 7
 * Provided further

, That the Secretary, at the re q uest of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium in order to carry out activities that benefit the adminis- tration of the unemployment compensation law of the State making the request . In addition, $ 4 0 ,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews: Provided, That not later than J une 30, 2 0 1 0, the Secretary shall submit an interim report to the Congress that includes avail- able information on e x penditures, number of individuals assessed, and outcomes from the assessments: Provided further, That not later than June 30, 2011, the Secretary of L abor shall submit to the Congress a final report containing comprehensive information on the estimated savings that result from the assessments of claim- ants and identification of best practices. ADV A NCESTO T H E U NE MPL O Y MENT T R UST F UND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 9 05(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal R evenue Code of 1954 and for nonrepayable advances to the Unemployment Trust Fund as author- ized by 5 U.S.C. 8509, and to the ‘ ‘Federal unemployment benefits and allowances ’ ’ account, to remain available through September 30, 2010, $422,000,000. In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 2009, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary. PRO G RAM ADM I NISTRATION For expenses of administering employment and training pro- grams, $85,323,000, together with not to exceed $45,140,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Deadlin e .R e ports . Deadline. Reports.


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Page:United States Statutes at Large Volume 123.djvu/775

 123STA T .75 5 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9EMPLOYE E B E N E FITSS E CUR ITY AD MINISTR A TION SALARIES AND E X PENSES Fornec e s s a r y e xp enses f or th eE m p l oyee Benef i ts Sec u rity A d ministration ,$143 ,41 9, 0 00 .P ENSION BENEFIT G UARANTY C ORPORATION PENSION B ENEFIT G UARANTY CORPORATION FUND T he Pension Benefit Guaranty Corporation (‘ ‘Corporation ’ ’ ) is authori z edtoma k e such expenditures, includin g financial assist - ance authorized b y subtitle E of title IV of the Employee R etirement Income Security Act of 19 7 4, w ithin limits of funds and borrowing authority a v ailable to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by 31 U .S.C. 9104 as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2 009, for the Cor- poration
 * Provide

d, That none of the funds available to the Corpora- tion for fiscal year 2009 shall be available for obligations for administrative expenses in excess of $444,722,000: Provided fu r th er, That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2009, an amount not to exceed an additional $9,200,000 shall be available for obligation for administrative expenses for every 20,000 additional terminated participants: Provided further, That an addi- tional $ 5 0,000 shall be made available for obligation for investment management fees for every $25,000,000 in assets received by the Corporation as a result of new plan terminations or asset growth, after approval by the O ffice of M anagement and Budget and notification of the Committees on Appropriations of the H ouse of Representatives and the Senate: Provided further , That obligations in excess of the amounts provided in this paragraph may be incurred for unforeseen and extraordinary pre-termination expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representa- tives and the Senate. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES ( INCLUDING RESCISSION ) For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $43 8 ,1 6 6,000, together with $2,101,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44( j ) of the L ongshore and Harbor W orkers’ Compensation Act: Provided, That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938 and for processing applications and issuing registrations under Fe e s.Notif i ca tio n . Notification.


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Page:United States Statutes at Large Volume 123.djvu/776

 123STA T .756PUBLIC LA W 111 –8—M A R .11, 2 0 0 9ti t leIof t h e M i gran tan dS ea s onal A gri cu ltural W or k er P rotection Act .O f the uno b ligated funds collected p ursuant to section 286(v) oftheI m migration and N ationalit y Act ,$97, 0 00,000 are rescinded as of September 3 0, 2009. SPECIALB E N E F I T S ( INCL UD IN G T R ANSFER O F FUNDS )F or the payment of compensation, benefits, and e x penses (except administrative expenses) accruing during the current or any prior fiscal year authori z ed by 5U .S. C. 8 1; continuation of benefits as provided for under the heading ‘ ‘Civilian War B enefits ’ ’ in the Federal Security Agency Appropriation Act, 19 4 7; the E mployees’ Compensation Commission Appropriation Act, 1944; sec - tions 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent of the additional compensation and benefits re q uired by section 10(h) of the L ongshore and H arbor Workers’ Compensation Act, $163,000,000, together w ith such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year
 * Provide

d, T hat amounts appropriated may be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an employer, who is not the employer at the time of in j ury, for portions of the salary of a reemployed, disabled bene- ficiary: Provided fu r th er, That balances of reimbursements unobli- gated on September 30, 2008, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred to this appropria- tion from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2009: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration of the Federal Employees’ Compensation Act, $52,720,000 shall be made available to the Secretary as follows: (1) For enhancement and maintenance of automated data processing systems and telecommunications systems, $15,068,000; (2) For automated workload processing operations, including document imaging, centralized mail intake, and med- ical bill processing, $23,273,000; (3) For periodic roll management and medical review, $14,379,000; and (4) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or the Longshore and Harbor Workers’ Compensation Act, pro- vide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe.


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Page:United States Statutes at Large Volume 123.djvu/777

 123STA T .75 7 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9SPECIALB E N E F I T SF ORD ISABLED COAL M INERS Forca rr ying o ut tit leIV o f t h eFe d eral M ine S afety and H ealth A ct of 197 7, a s a m ended b y P ublic L a w 1 0 7 –2 7 5, $ 1 8 8,1 3 0,000, to remain a v ailable until e xp ended . For ma k ing after J uly 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first q uarter of fiscal year 2010, $5 6 ,000,000, to remain available until expended. ADMINISTRATI V EE X PENSES, ENER GY EMPLOYEES OCC U PATIONAL ILLNESS COMPENSATION FUND For necessary expenses to administer the E nergy Employees O ccupational Illness C ompensation Program Act, $ 4 9,654,000, to remain available until expended
 * Provide

d, T hat the Secretary of Labor may require that any person filing a claim for benefits under the Act provide as part of such claim, such identifying information ( including Social Security account number ) as may be prescribed. BLAC K LUNG DISABILITY TRUST FUND ( INCLUDING TRANSFER OF FUNDS ) In fiscal year 2009 and thereafter, such sums as may be nec - essary from the B lack Lung D isability Trust Fund ( ‘ ‘Fund ’ ’), to remain available until expended, for payment of all benefits author- i z ed by section 9501(d)(1), (2), (4), and (7) of the Internal R evenue Code of 1954 and interest on advances, as authorized by section 9501(c)(2) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2009 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $32,308,000 for transfer to the Employment Standards Administration ‘‘Salaries and Expenses’’; not to exceed $24,694,000 for transfer to Depart- mental Management, ‘‘Salaries and Expenses’’; not to exceed $325,000 for transfer to Departmental Management, ‘‘Office of Inspector G eneral’’; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. OCCUPATIONAL SAFETY AND HEALT H ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and Health Administration, $513,042,000, including not to exceed $92,593,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (‘‘Act’’), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary of Labor under section 18 of the Act; and, in addition, notwithstanding 31 U .S.C. 3302, the Occupational Safety and Health Administration may retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and 26USC9501note.


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Page:United States Statutes at Large Volume 123.djvu/778

 123STA T .758PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9educationgr ant s:Provide d ,Th at, not w ithstanding 31U.S. C .33 02, the Secretar y is authori z ed, during the f isca l year ending Se p te mb er 30, 200 9, to collect and retain fees for ser v ices provided to N ation - ally R ecognized Testing L aboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of e q uipment and products used by wor k ers in the workplace: Provided fu r th er, That none of the funds appro- priated under this paragraph shall be obligated or e x pended to prescribe, issue, administer, or enforce any standard, rule, regula- tion, or order under the A ct which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Pro - vided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a D ays Away, Restricted, or Transferred ( DART ) occupational in j ury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the B ureau of Labor Statistics, in accordance with section 2 4 of the Act, except — (1) to provide, as authorized by the Act, consultation, tech- nical assistance, educational and training services, and to con- duct surveys and studies (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for viola- tions which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; ( 5 ) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and ( 6 ) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That $ 10,000,000 shall be available for Susan H arwood training grants, of which $3,144,000 shall be used for the I nstitutional Competency Building training grants awarded in F ebruary 200 8, provided that a grantee has dem- onstrated satisfactory performance: Provided further , That such grants shall be awarded not later than 30 days after the date of enactment of this Act. Grants.De a dli ne. F ar m s and f armin g . S mall bu sinesses. Farms and farming. Fees.


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Page:United States Statutes at Large Volume 123.djvu/779

 123STA T .759PUBLIC LA W 111 –8—M A R .11, 2 0 09 MINESAF E TY AN DH EA L T HA D M INI S T R ATI O N SALARIES AND E XP ENSES Fornec e s s a r y e xp enses f or th eM i ne Safety an d Hea l th Ad m inistration ,$347, 0 03,000, incl u din g purchase and b esto w al of certificates and trophies in connection with mine rescue and first - aid wor k , and the hire of passenger motor v ehicles, including up to$ 2 ,000,000 for mine rescue and recovery activities, and $ 1, 8 08,000 to continue the pro j ect with the U nited Mine W orkers of America, for classroom and simulated rescue training for mine rescue teams in addition, not to exceed $7 5 0,000 may be collected by the N ational Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authori z edbylawtobe collected, to be available for mine safety and health education and training activities, notwithstanding 31 U. S. C . 3302; and, in addition, the Mine Safety and Health Administration may retain up to $1,000,000 from fees collected for the approval and certifi- cation of e q uipment, materials, and explosives for use in mines, and may utilize such sums for such activities; the Secretary of L abor is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or pri- vate; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; the Secretary is authorized to recognize the J oseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization; and any funds available to the D epartment of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. BU REAU OF LA B OR STATISTI C S SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $518, 9 18,000, together with not to exceed $78,2 6 4,000, which may be expended from the E mployment Security Administration Account in the Unemployment T rust Fund, of which $1,500,000 may be used to fund the mass layoff statistics program under section 15 of the Wagner- P eyser Act
 * Provide

d, That the Current Employment Survey shall maintain the content of the survey issued prior to June 2005 with respect to the collection of data for the women worker series. O FFICE OF DISABILITY EMPLOYMENT POLICY SALARIES AND EXPENSES For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to Survey.30U S C962 .


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Page:United States Statutes at Large Volume 123.djvu/780

 123STA T .760PUBLIC LA W 111 –8—M A R .11, 200 9the t rain in g an d e mploy ment o f people w ith di s a b ilities ,$26 ,6 79, 0 00 .DEPARTM E N TA LM ANA G EMENT S ALAR I ES AN D E X PENSES F or ne c essary e x penses for Departmental Management, incl u ding the hire of three sedans, and including the management or operation, through contracts, grants or other arrangements of Departmental acti v ities conducted by or through the B ureau of I nternational L abor A ffairs, including bilateral and multilateral technical assistance and other international labor activities, $ 31 3, 8 71,000, of which $86,07 4 ,000 is for the Bureau of Inter - national Labor Affairs ( including $6, 5 00,000 to implement model programs to address wor k er rights issues through technical assist- ance in countries with which the U nited S tates has trade preference programs ) , and of which $21,286,000 is for the ac q uisition of Depart- mental information technology, architecture, infrastructure, equip- ment, software and related needs, which will be allocated by the Department ’ s C hief Information O fficer in accordance with the Department’s capital investment management process to assure a sound investment strategy together with not to exceed $327,000, which may be expended from the E mployment Security Administra- tion Account in the Unemployment T rust Fund. OF FI C EOF J O B CORPS To carry out subtitle C of title I of the W orkforce Investment Act of 1998, including Federal administrative expenses, the pur- chase and hire of passenger motor vehicles, the construction, alter- ation and repairs of buildings and other facilities, and the purchase of real property for training centers as authori z ed by the Workforce Investment Act; $1,683,938,000, plus reimbursements, as follows (1) $1,540,276,000 for J ob Corps Operations, of which $949,276,000 shall be available for obligation for the period July 1, 2009 through June 30, 2010 and of which $591,000,000 shall be available for obligation for the period October 1, 2009 through June 30, 2010; (2) $115,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, of which $15,000,000 shall be available for the period July 1, 2009 through June 30, 2012 and $100,000,000 shall be available for the period October 1, 2009 through June 30, 2012; and (3) $28,662,000 for necessary expenses of the Office of Job Corps shall be available for obligation for the period October 1, 2008 through September 30, 2009: Provide d , That the Office of Job Corps shall have contracting authority: Provided fu r th er, That no funds from any other appro- priation shall be used to provide meal services at or for Job Corps centers. V ETERANS EMPLO Y MENT AND TRAINING N ot to exceed $205,468,000 may be derived from the Employ- ment Security Administration Account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 4100 – 4113, 4211– 4215, and 4321–4327, and P ublic Law 103–353, and which shall Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/781

 123STA T .76 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9beav a il able for obli g a t io n b y t h e S tate s thro u gh D e c e m ber 31,20 0 9 ,of w hich $ 1,9 4 9,000 is for the N ational V eterans ’E m p loyment an dT raining Services I nstitute . To carry out the H omeless Veterans R eintegration P rograms under section 5( a ) (1) of the Homeless Vet - erans C omprehensive A ssistance Act of 2001 and the Veterans W or k force Investment Programs under section 1 68 of the Workforce Investment Act, $33,9 7 1,000, of which $7,641,000 shall be available for obligation for the period J uly 1, 2009 through June 30, 2010. OF F ICE OFI NSP EC T O RG ENER ALF or salaries and e x penses of the O ffice of Inspector G eneral in carrying out the provisions of the Inspector General Act of 1978, $76,326,000, together with not to exceed $5,815,000, which may be expended from the Employment Security Administration Account in the U nemployment Trust Fund. GENERAL PRO V ISIONS SEC. 101. None of the funds appropriated in this Act for the Job Corps shall be used to pay the salary of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive L evel I. ( TRANSFER OF F U N D S ) SEC. 102. Not to exceed 1 percent of any discretionary funds (pursuant to the B alanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, pro j ect, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer
 * Provide

d, That the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided fu r th er, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. SEC. 103. In accordance with Executive Order No. 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. SEC. 104. After September 30, 2008, the Secretary of Labor shall issue a monthly transit subsidy of not less than the full amount (of not less than $115) that each of its employees of the National Capital Region is eligible to receive. SEC. 105. None of the funds appropriated in this title for grants under section 171 of the Workforce Investment Act of 1998 may be obligated prior to the preparation and submission of a report by the Secretary of Labor to the Committees on Appropria- tions of the House of Representatives and the Senate detailing the planned uses of such funds. Reports.Ef fe c t iv e da te. T ra n sit s ub sid y . 5USC790 5 note. C h i l d labor. N otification. D eadline.


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Page:United States Statutes at Large Volume 123.djvu/782

 123STA T .76 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9SEC.106 . Ther e isaut h o ri z e d to b ea p propriated su c hsu m s as ma y be n ecessary to the D ena l i C ommission throu g h the Depart - ment o fL abor to conduct j ob training of the local w or k force where Denali Commission projects will be constructed. SEC. 10 7 . N one of the funds made a v ailable to the Department of Labor for grants under section 4 14 ( c ) of the A merican Competi- tiveness and W orkforce I mprovement Act of 1 9 9 8 may be used for any purpose other than training in the occupations and indus- tries for which employers are using H– 1 B visas to hire foreign workers , and the related activities necessary to support such training
 * Provide

d, That the preceding limitation shall not apply to multi-year grants awarded prior to J une 3 0, 2 007. SEC. 108. None of the funds available in this Act or available to the Secretary of Labor from other sources for Community-Based Job Training grants and grants authorized under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 shall be obligated for a grant awarded on a non-competitive basis. SEC. 109. The Secretary of Labor shall take no action to amend, through regulatory or administration action, the definition estab- lished in section 667.220 of title 20 of the Code of F ederal R egula- tions for functions and activities under title I of the Workforce Investment Act of 1998, or to modify, through regulatory or adminis- trative action, the procedure for redesignation of local areas as specified in subtitle B of title I of that Act (including applying the standards specified in section 116(a)(3)(B) of that Act, but notwithstanding the time limits specified in section 116(a)(3)(B) of that Act), until such time as legislation reauthorizing the Act is enacted. Nothing in the preceding sentence shall permit or re q uire the Secretary to withdraw approval for such redesignation from a State that received the approval not later than O ctober 12, 200 5, or to revise action taken or modify the redesignation procedure being used by the Secretary in order to complete such redesignation for a State that initiated the process of such redesignation by submitting any request for such redesignation not later than October 26, 2005. SEC. 110. None of the funds made available in this or any other Act shall be available to finalize or implement any proposed regulation under the Workforce Investment Act of 1998, Wagner- P eyser Act of 1933, or the Trade Adjustment Assistance Reform Act of 2002 until such time as legislation reauthorizing the Workforce Investment Act of 1998 and the Trade Adjustment Assist- ance Reform Act of 2002 is enacted. SEC. 111. None of the funds appropriated in this Act under the heading ‘ ‘ E mployment and Training Administration ’ ’ shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in e x cess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of M anagement and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs


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Page:United States Statutes at Large Volume 123.djvu/783

 123STA T .76 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9invol v ed in c l u din gEmp lo y men ta nd Tr aining A dmini s tration pro - grams . T h is title may b e cited as the ‘ ‘ D epartment o fL abor Appropria- tions Act ,20 0 9’ ’. T I TLE II DE P A R T M E N T OFH EALTH AND H U MAN S ER V I C ES H EALTH RE SOURC ESA ND SER VI CES AD M INISTRATION HEALTH RESOURCES AND SERVICES For carrying out titles II, III, IV, VII, VIII, X , XI, XII, XIX, and XXVI of the Public Health Service Act ( ‘‘PHS Act’’ ) , section 4 2 7 (a) of the Federal Coal Mine Health and Safety Act, title V and sections 7 1 1, 112 8 E, and 1820 of the Social Security Act, the Health Care Q uality Improvement Act of 198 6, the Native Ha w aiian Health Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712 of the American J obs Creation Act of 2004, and the Stem Cell Therapeutic and Research Act of 200 5, $ 7,2 3 4,436,000, of which $39,200,000 from general revenues, not- withstanding section 1820( j ) of the Social Security Act, shall be available for carrying out the Medicare rural hospital fle x ibility grants program under such section
 * Provide

d , That of the funds made available under this heading, $129,000 shall be available until expended for facilities renovations at the G illis W . Long Hansen’s Disease Center: Provided fu r th er, That $56,000,000 of the funding provided for community health centers shall be for base grant adjustments for existing health centers: Provided further, That in addition to fees authori z ed by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data B an k , and shall remain available until expended to carry out that Act: Provided further, That fees collected for the full disclosure of information under the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating the program, and shall remain available until expended to carry out that Act: Provided further, That no more than $40,000 is avail- able until expended for carrying out the provisions of section 224(o) of the PHS Act including associated administrative expenses and relevant evaluations: Provided further, That no more than $44,055,000 is available until expended for carrying out the provi- sions of Public Law 104 – 73 and for expenses incurred by the Depart- ment of Health and Human Services pertaining to administrative claims made under such law: Provided further, That of the funds made available under this heading, $307,491,000 shall be for the program under title X of the PHS Act to provide for voluntary family planning projects: Provided further, That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That of the funds available under this heading, $1,886,873,000 shall remain available Aborti o ns.P o l iti ca l acti v iti e s. D e p art m ent o fH ealt h an d H u man S ervices Appropriations Act ,20 0 9.


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Page:United States Statutes at Large Volume 123.djvu/784

 123STA T .764PUBLIC LA W 111 –8—M A R .11, 2 0 0 9to t heS e cr et a r y o fH ea l tha nd H um an Ser vi ce s throu g hSe p tem b er 30,2 0 1 1, for parts A and B of title X X VI of the P HS Act
 * Provide

d fu r th er, T hat w ithin the amounts provided for part A of title XXVI of the PHS Act, $ 10, 85 3,000 is available to the Secretary of Health and Human Services through September 30, 2011, and shall be available to q ualifying j urisdictions, within 30 days of enactment, for increasing supplemental grants for fiscal year 200 9 to metropoli - tan areas that received grant funding in fiscal year 2008 under subpart I of part A of title XXVI of the PHS Act to ensure that an area ’ s total funding under subpart I of part A for fiscal year 2008, together with the amount of this additional funding, is not less than 93 .7 percent of the amount of such area’s total funding under part A for fiscal year 200 6, and to transitional areas that received grant funding in fiscal year 2008 under subpart II of part A of title XXVI of the PHS Act to ensure that an area’s total funding under subpart II of part A for fiscal year 2008, together with the amount of this additional funding, is not less than 88.7 percent of the amount of such area’s total funding under part A for fiscal year 2006: Provided further, That notwithstanding section 2603 ( c ) (1) of the PHS Act, the additional funding to areas under the immediately preceding proviso, which may be used for costs incurred during fiscal year 2008, shall be available to the area for obligation from the date of the award through the end of the grant year for the award: Provided further, That $815,000,000 shall be for State AI D S Drug Assistance Programs authori z ed by section 2616 of the PHS Act: Provided further , That in addition to amounts provided herein, $25,000,000 shall be available from amounts available under section 2 4 1 of the PHS Act to carry out parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691 Special Projects of N ational Significance: Provided further, That notwithstanding section 502(a)(1) and 502(b)(1) of the Social Security Act, not to e x ceed $92,551,000 is available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,400,000 is available for projects described in paragraphs (A) through ( F ) of section 501(a)(3) of such Act: Provided further, That notwithstanding section 747(e)(2) of the PHS Act, not less than $5,000,000 shall be for general dentistry programs, not less than $5,000,000 shall be for pediatric dentistry programs including faculty loan repayment, and not less than $29,025,000 shall be for family medicine programs: Provided further, That of the funds provided, $19,642,000 shall be provided to the Denali Commission as a direct lump payment pursuant to Public L aw 106 – 113: Provided further, That of the funds provided, $26,000,000 shall be provided for the Delta Health Initiative as authorized in section 219 of division G of Public Law 110–161 and associated administrative expenses: Provided further, That funds provided under section 846 and subpart 3 of part D of title IIIofthePHSActmaybeusedtoma k e prior year adjustments to awards made under these sections: Provided further, That of the amount appropriated in this paragraph, $310,470,000 shall be used for the projects financing the construction and renovation (including equipment) of health care and other facilities and for other health-related activities, and in the amounts, specified under the heading ‘ ‘Health R esources and Services’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and of which up to one percent of Deadlin e .Gr an ts. U r b anandr u ral areas.


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Page:United States Statutes at Large Volume 123.djvu/785

 123STA T .765PUBLIC LA W 111 –8—M A R .11, 2 0 0 9theamoun t f o r ea c h p ro j ect ma yb eu s e d for re l ated a g ency adm i nis - trati v ee x penses
 * Provide

d fu r th er ,T hat not w ithstanding section 3 3 8J(k) of the PHSA ct ,$9, 201 ,000 is available for State O ffices of R ural Health: Provided further, That of the funds provided, $1 5 ,000,000 is available for the Small Rural Hospital I mprovement G rant Program for q uality improvement and adoption of health information technology .HEALT HE DUC AT ION A S SISTANCE LOANS PR O G RA M ACCOUNT Such sums as may be necessary to carry out the purpose of the program, as authori z ed by title V II of the Public Health Service Act ( ‘ ‘PHS Act ’ ’). F or administrative expenses to carry out the guaranteed loan program, including section 7 09 of the PHS Act, $2,8 4 7,000. V ACCINE IN J UR Y COMPENSATION PROGRAM TRUST F UND For payments from the Vaccine Injury C ompensation Program Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title X XI of the Public Health Service Act, to remain available until expended: Provided, That for necessary administra- tive expenses, not to exceed $5,404,000 shall be available from the Trust Fund to the Secretary of Health and Human Services. CENTERS FOR D ISEASE CONTROL AND PREVENTION DISEASE CONTROL, RESEARCH, AND TRAINING To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI of the Public Health Service Act (‘‘PHS Act’’), sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal M ine Safety and Health Act of 1977, section 13 of the Mine Improvement and N ew E mergency Response Act of 200 6, sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations including purchase and insurance of official motor vehicles in foreign coun- tries; and purchase, hire, maintenance, and operation of aircraft, $6,283,350,000, of which $151,500,000 shall remain available until expended for acquisition of real property, equipment, construction and renovation of facilities; of which $570,307,000 shall remain available until expended for the Strategic National Stockpile under section 319F – 2 of the PHS Act; of which $21,997,000 shall be used for the projects, and in the amounts, specified under the heading ‘‘Disease Control, Research, and Training’’ in the explana- tory statement described in section 4 (in the matter preceding division A of this consolidated Act); of which $118,863,000 for inter- national HIV / AIDS shall remain available through September 30, 2010; and of which $70,000,000 shall be available until expended to provide screening and treatment for first response emergency services personnel, residents, students, and others related to the September 11, 2001 terrorist attacks on the W orld Trade Center: Provided, That in addition, such sums as may be derived from


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Page:United States Statutes at Large Volume 123.djvu/786

 123STA T .76 6 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9authorized u s er f ees ,w hi c h sha l l b e credited to this accou n t
 * Pro-vide

d fu r th er, T hat in addition to a m ounts p ro v ided herein, the followin g amounts shall be available from amounts available under section 241 of the PHSA ct: ( 1 )$ 12, 79 4, 0 00 to carr y out the N ational I mmunization Surveys (2) $124,701,000 to carry out the National C enter for Health Statistics surveys; ( 3 ) $24,7 5 1,000 to carry out information systems standards development and architecture and applications - based research used at local public health levels; (4) $4 6 ,7 8 0,000 for Health M ar k eting; (5) $31,000,000 to carry out Public Health R esearch; and (6) $91,225,000 to carry out research activities within the National O ccupational Research Agenda: Pro- vided further , That none of the funds made available for in j ury prevention and control at the Centers for D isease Control and Prevention may be used, in whole or in part, to advocate or promote gun control: Provided further, That of the funds made available under this heading, up to $1,000 per eligible employee of the Centers for Disease Control and Prevention shall be made available until e x pended for Individual L earning Accounts: Provided further, That the Director may redirect the total amount made available under authority of Public Law 101 – 502, section 3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Committees on Appropriations of the House of Representa- tives and the Senate are to be notified promptly of any such redirec- tion: Provided further, That not to exceed $19,528,000 may be available for making grants under section 1509 of the PHS Act to not less than 21 States, tribes, or tribal organizations: Provided further, That notwithstanding any other provision of law, the Cen- ters for Disease Control and Prevention shall award a single con- tract or related contracts for development and construction of the next building or facility designated in the B uildings and F acilities Master Plan that collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘ ‘availability of funds ’ ’ foundat48CFR52 . 232–18: Pro- vided further, That of the funds appropriated, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the Centers for Disease Control and Prevention: Provided further, That employees of the Centers for Disease Control and Prevention or the Public Health Service, both civilian and Commissioned Officers, detailed to States, municipali- ties, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non- Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department of Health and Human Services during the period of detail or assignment: Provided further, That out of funds made available under this heading for domestic HI V/ AIDS testing, up to $15,000,000 shall be for States newly eligible in fiscal year 2009 under section 2625 of the PHS Act as of December 31, 2008 and shall be distributed by May 31, 2009 based on standard criteria relating to a State’s epidemiological profile, and of which not more than $1,000,000 may be made available to any one State, and amounts that have not been obligated by May 31, 2009 shall be made available to States and local public health departments for HIV testing activities: Provided further, That none of the funds made available in this Act to carry out part A of title X IX of the PHS Act may be used to provide more than 75 percent of any State’s allotment under section 1902 of the PHS Act until Certif i ca ti on.Pl an s. D ea d line. Contracts. N otification. Gu n control.


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Page:United States Statutes at Large Volume 123.djvu/787

 123STA T .76 7 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9suchSta t e ce r t if ies that it w i l lsu bm ita p la n t o the Secretar y of H ealth an d Human Ser v ices , not later than J anuary 1, 20 10, to reduce healthcare - associated infections
 * Provide

d fu r th er ,T hat each such State plan shall be consistent with the D epartment of Health and Human Services ’ national action plan for reducin g healthcare-associated infections and include measurable 5 -year goals and interim milestones for reducing such infections: Provided further, That the Secretary shall conduct a review of the State plans submitted pursuant to the preceding proviso and report to the C ommittees on A ppropriations of the House of R epresentatives and the Senate not later than June 1, 2010, regarding the ade q uacy of such plans for achieving State and national goals for reducing healthcare-associated infections: Provided further, That for purposes of the two preceding provisos, the term ‘ ‘State’’ means each of the several States, the District of Columbia, and the Commonwealth of P uerto Rico .I n addition, for necessary e x penses to administer the E nergy Employees O ccupational Illness Compensation Program Act, $ 55, 3 5 8 ,000, to remain available until expended, of which $ 4 ,500,000 shall be for use by or in support of the Advisory B oard on Radiation and W or k er Health ( ‘‘the Board’’ ) to carry out its statutory responsibilities, including obtaining audits, technical assistance, and other support from the Board’s audit contractor with regard to radiation dose estimation and reconstruction efforts, site profiles, procedures, and review of Special Exposure Cohort petitions and evaluation reports: Provided, That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public L aw 10 6– 554. NATION A L IN S TIT U T E SO F HEALT H NATIONAL C ANCE R INSTITUTE F or carrying out section 301 and title I V of the Public Health Service Act with respect to cancer, $4, 9 68,9 7 3,000, of which up to $8,000,000 may be used for facilities repairs and improvements at the National Cancer Institute-Frederick Federally Funded Research and Development Center in Frederick, M aryland. NATIONAL HEART, LUN G ,AN DB LOOD INSTITUTE For carrying out section 301 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,015,689,000. NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $402,652,000. NATIONAL INSTITUTE OF DIABETES AND DIGESTI V E AND K IDNE Y DISEASES For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney dis- ease, $1,761,338,000. Revi e w. Re ports . D e adl i n e.


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Page:United States Statutes at Large Volume 123.djvu/788

 123STA T .768PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9NATIO NA L IN S TIT U T E O F NEU R OLO G I C AL D ISORDERS AND STRO K E Forca rr ying o utse ction 301 an d tit l e IV o f t h e P u b lic H ealth S er v ice A ct w ith res p ect to neurological disorders and stro k e ,$ 1, 59 3,3 4 4,000 . NATIONAL INSTITUTE OF ALLERG Y AND INFECTIOUS DISEASES ( INCLUDING TRANSFER OF FUNDS ) For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $4, 7 0 2 ,572,000
 * Provide

d, T hat $300,000,000 m ay be made available to International Assistance Programs ‘ ‘ G lobal Fund to Fight HIV / AI D S, M alaria, and Tuberculosis ’ ’, to remain available until e x pended. NATIONAL INSTITUTE OF GENERAL M EDICAL SCIENCES For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $1,997, 8 01,000. EUNICE KENNEDY S H RI V ER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELO P MENT For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $1,294,894,000. NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $ 6 88,480,000. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For carrying out section 301 and title IV of the Public Health Service Act with respect to environmental health sciences, $662,820,000. NATIONAL INSTITUTE ON AGING For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $1,080,796,000. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis and musculoskeletal and skin diseases, $524,872,000. NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication dis - orders, $407,259,000.


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Page:United States Statutes at Large Volume 123.djvu/789

 123STA T .769PUBLIC LA W 111 –8—M A R .11, 2 0 09 NATIO NA L IN S TIT U T E O F NU R SIN G RESEAR CHForca rr ying o utse ction 301 an d tit l e IV o f t h e P u b lic H ealth S er v ice A ct w ith res p ect to nursing research ,$ 1 4 1, 879 ,000 . NATIONAL INSTITUTE ON ALCOHOL A B USE AN D ALCOHOLIS M For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse and alcoholis m , $4 5 0, 2 30,000. NATIONAL INSTITUTE ON DRUG ABUSE For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $1,032,759,000. NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $1,450,491,000. NATIONAL HUMAN GENOME RESEARCH INSTITUTE For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, $502,3 6 7,000. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING For carrying out section 301 and title IV of the Public Health Service Act with respect to biomedical imaging and bioengineering research, $308,208,000. NATIONAL CENTER FOR RESEARCH RESOURCES For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $1,226,263,000. NATIONAL CENTER FOR COM P LEMENTAR Y AND ALTERNATI V E MEDICINE For carrying out section 301 and title IV of the Public Health Service Act with respect to complementary and alternative medi - cine, $125,471,000. NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES For carrying out section 301 and title IV of the Public Health Service Act with respect to minority health and health disparities research, $205,959,000. J OHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the J ohn E . Fogarty Inter- national C enter ( described in subpart 2 of part E of title IV of the Public Health Service Act ) , $68,691,000. NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the Public Health Service Act ( ‘ ‘PHS Act ’ ’) with respect to health information commu- nications, $330,771,000, of which $4,000,000 shall be available until


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Page:United States Statutes at Large Volume 123.djvu/790

 123STA T .7 7 0PUBLIC LA W 111 –8—M A R .11, 200 9exp e nd ed forim pro v emen t of inform a tion sy stems
 * Provide

d ,Th at in fis c a l year 20 0 9, the N ational L i b rary of M edicine may enter into personal services contracts for the provision of services in facilities o w ned, operated, or constr u cted under the j urisdiction of the National I nstitutes of H ealth: Provided fu r th er, That in addition to amounts provided herein, $8 ,200,000 shall be available from amounts available under section 2 41 of the P H SA ct to carry out the purposes of the National Information C enter on Health Services R esearch and Health Care Technolo g y established under section 4 7 8A of the PHS Act and related health services .OF F ICE OF TH E D I R ECTOR F or carrying out the responsibilities of the O ffice of the D irector, National Institutes of Health (‘ ‘NIH ’ ’ ) , $1,24 6 ,864,000, of which upto$2 5 ,000,000 shall be used to carry out section 214 of this Act: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That the NIH is authori z ed to collect third party payments for the cost of clinical services that are incurred in NIH research facilities and that such payments shall be credited to the NIH Management Fund: Provided further, That all funds credited to such Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided further, That up to $192, 3 00,000 shall be available for continuation of the National Children’s Study: Provided further, That $541,133,000 shall be available for the Common Fund established under section 402A(c)(1) of the Public Health Service Act (‘‘PHS Act’’): Provided further, That of the funds provided $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further, That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to ma k e grants for construction or renova - tion of facilities as provided for in section 2354(a)(5)( B ) of the PHS Act. BU I L DI NGSA ND FACILITIES For the study of, construction of, renovation of, and ac q uisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $125,581,000, to remain available until expended. SUBSTANCE ABUSE AND MENTAL HEALTH SER V ICES AD M INISTRATION SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES For carrying out titles III, V , and X IX of the Public Health Service Act (‘‘PHS Act’’) with respect to substance abuse and mental health services and the Protection and Advocacy for Individuals with Mental Illness Act, $3,334,906,000, of which $15,666,000 shall be used for the projects, and in the amounts, specified under the heading ‘‘Substance Abuse and Mental Health Services’’ in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act): Provided , That notwith- standing section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A are available for carrying out section 1971 of the PHS Act: Provided further, That $2,000,000 shall be


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Page:United States Statutes at Large Volume 123.djvu/791

 123STA T .7 71 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9av a il a b l eto e s tablis hS tate - a dm i n iste r ed c ontrolled s u bstance moni- torin g s y stems as authori z ed by P ublic L a w109–6 0
 * Provide

d fu r -th er ,T hat $7 7 2, 000 shall be f or reimbursing the G eneral Services A dministration for environmental testing and remediation on the federally owned facilities at St .E lizabeths H os p ital, including but not limited to testing and remediation conducted prior to fiscal year 2009: Provided further, That in addition to amounts provided herein, the following amounts shall be available under section 2 4 1 of the PHS Act: ( 1 ) $79,200,000 to carry out subpart I I of part B of title X IX of the PHS Act to fund section 19 35 (b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not e x ceed 5 percent of the amounts appro- priated for subpart II of part B of title XIX (2) $21,039,000 to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collec- tion and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX; (3) $22,750,000 to carry out national surveys on drug abuse and mental health; and (4) $ 8 ,596,000 to collect and analyze data and evaluate substance abuse treatment programs: Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated under this Act for fiscal year 2009. A GENCYFOR HE ALTH CARE R E S EARCH AN DQU AL I TY HEALTHCARE RESEARCH AND Q UALITY F or carrying out titles III and IX of the Public Health Service Act ( ‘ ‘PHS Act ’ ’), part A of title XI of the Social Security Act, and section 1013 of the M edicare Prescription D rug, Improvement, and Modernization Act of 2003, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 937(c) of the PHS Act shall not exceed $372,053,000. C ENTERS FOR MEDICARE AND MEDICAID SER V ICES GRANTS TO STATES FOR M EDICAID For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $149,335,031,000, to remain avail- able until expended. For ma k ing, after May 31, 2009, payments to States under title XIX of the Social Security Act for the last q uarter of fiscal year 2009 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the first quarter of fiscal year 2010, $71,700,038,000, to remain available until expended. Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter.


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Page:United States Statutes at Large Volume 123.djvu/792

 123STA T .7 72 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9PAYMENTS T OH EA L TH C A R ETR U ST F UN D S Forpayment tot h eFe d era lH o s p i tal I ns u ran c e T rust Fund and the Federal S upplementary M edical Insurance Trust Fund , as pro v ided under sections 217(g) ,1 84 4, and 18 60D– 16o f the Social Security A ct, sections 10 3 (c) and 111(d) of the Social Security Amendments of 1 9 6 5, section 278(d) of P u b lic L a w 97–248, and for administrative e x penses incurred pursuant to section 201(g) of the Social Security Act, $ 195,383,000,000 . In addition, for ma k ing matching payments under section 1844, and benefit payments under section 1860D–16 of the Social Security Act, not anticipated in budget estimates, such sums as may be necessary. PRO G RAM MANAGEMENT For carrying out, except as otherwise provided, titles X I,X V III, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the Public Health Service Act ( ‘ ‘PHS Act ’ ’), and the C linical Laboratory Improvement Amendments of 1988, not to exceed $3,305,386,000, to be transferred from the Federal Hospital Insur - ance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authori z ed by section 201(g) of the Social Security Act together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary of Health and Human Services pursuant to section 302 of the Tax R elief and Health Care Act of 2006; and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until expended
 * Provide

d , That all funds derived in accordance with 31 U .S.C. 9701 from organizations estab- lished under title XIII of the PHS Act shall be credited to and available for carrying out the purposes of this appropriation: Pro - vided fu r th er, That $35,700,000, to remain available through Sep- tember 30, 2010, shall be for contract costs for the Healthcare Integrated G eneral Ledger Accounting System: Provided further, That $108,900,000, to remain available through September 30, 2010, shall be for the Centers for Medicare and Medicaid Services (‘‘CMS’’) Medicare contracting reform activities: Provided further, That funds appropriated under this heading shall be available for the Healthy Start, Grow Smart program under which the CMS may, directly or through grants, contracts, or cooperative agreements, produce and distribute informational materials including, but not limited to, pamphlets and brochures on infant and toddler health care to expectant parents enrolled in the Medicaid program and to parents and guardians enrolled in such program with infants and children: Provided further, That the Secretary is directed to collect fees in fiscal year 2009 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, That $4,542,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘‘Program Management’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That $75,000,000 is available for the State high risk health insur- ance pool program as authorized by the State High Risk Pool Funding E xtension Act of 2006. Fe e s.


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Page:United States Statutes at Large Volume 123.djvu/793

 123STA T .7 73 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9HEALTHC A R E F RA UD A N D AB U S EC O NTROL A C COUNT Inad d it i o ntoa m o u nt s ot herw ise a v ai l a b le f or p ro g ram integ - rit y and program management ,$198, 0 00,000, to be transferred from the Federal Hospital Insuran c e T rust Fund and the Federal S upplementary M edical Insurance Trust Fund, as authori z ed by section 2 01 ( g ) of the Social Security Act, of which $1 47 ,0 3 8,000 shall be for the Medicare Integrity P rogram at the Centers for Medicare and Medicaid Services to conduct oversight of activities for Medicare Advantage and the Medicare Prescription D rug Pro- gram authorized in title XV III of the Social Security Act, including activities listed in section 1893(b) of such Act of which $18,9 6 7,000 shall be for the Department of Health and Human Services O ffice of Inspector G eneral; of which $13,028,000 shall be for the Medicaid and State Children ’ s Health Insurance Program ( ‘ ‘SCHIP’’) program integrity activities; and of which $18,967,000 shall be for the Department of J ustice
 * Provide

d, That the report re q uired by section 1817( k )( 5 ) of the Social Security Act for fiscal year 2009 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and SCHIP programs for the funds provided by this appropriation . AD MI NISTRATION F OR CHILDREN AND FAMILIES P A Y MENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT PRO G RAMS For making payments to States or other non-Federal entities under titles I, IV – D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,759,078,000, to remain available until e x pended; and for such purposes for the first quarter of fiscal year 2010, $1,000,000,000, to remain available until expended. For making payments to each State for carrying out the pro- gram of Aid to Families with Dependent Children under title IV– A of the Social Security Act before the effective date of the program of Temporary Assistance for N eedy Families with respect to such State, such sums as may be necessary: Provided, That the sum of the amounts available to a State with respect to expenditures under such title IV–A in fiscal year 1997 under this appropriation and under such title IV–A as amended by the Personal R esponsi- bility and W ork Opportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116(b) of such Act. For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unantici- pated costs, incurred for the current fiscal year, such sums as may be necessary. REFUGEE AND ENTRANT ASSISTANCE For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nation- ality Act and section 501 of the Refugee E ducation Assistance Act of 1980, for carrying out section 462 of the Homeland Security Act of 2002, for costs associated with the care and placement of unaccompanied alien children, and for carrying out the Torture Victims Relief Act of 1998, $633,442,000, of which up to $9,814,000 Reports.


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Page:United States Statutes at Large Volume 123.djvu/794

 123STA T .7 7 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9shal l be a v a i lable toc a r r y o u t the T ra f fic k i ngV icti m s P rotection A ct of 20 00
 * Provide

d , That fun d sa p propriated under this heading pursuant to section 41 4 ( a ) of the I mmigration and N ationality Act and section 4 6 2ofthe H omeland S ecurity Act of 2002 for fiscal year 200 9 shall be available for the costs of assistance provided and other activities to remain available through September 3 0, 2011 .PAYMENTS T O STATES F O R T H E C H ILD CARE AND DE V ELOPMENT B LOC KG RANT F or carrying out the C hild Care and D evelopment B lock G rant Act of 1990, $ 2,12 7 ,0 8 1,000 shall be used to supplement, not sup - plant State general revenue funds for child care assistance for lo w -income families: Provided, That $18,960,000 shall be available for child care resource and referral and school-aged child care activities, of which $1,000,000 shall be for the Child Care Aware toll-free hotline: Provided fu r th er, That, in addition to the amounts re q uired to be reserved by the States under section 6 5 8G, $271,401,000 shall be reserved by the States for activities author- i z ed under section 658G, of which $99,534,000 shall be for activities that improve the quality of infant and toddler care: Provided further, That $9,910,000 shall be for use by the Secretary of Health and Human Services for child care research, demonstration, and evalua- tion activities. SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title X X of such Act shall be 10 percent. CHILDREN AND FAMILIES SERVICES PROGRAMS For carrying out, e x cept as otherwise provided, the R unaway and Homeless Y outh Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse Preven- tion and Treatment Act, sections 310 and 316 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), sections 330F and 330G of the Public Health Service Act ( ‘ ‘PHS Act ’ ’), the Abandoned Infants Assistance Act of 1988, sections 261 and 291 of the Help America Vote Act of 2002, part B – 1 of title IV and sections 413, 1110, and 1115 of the Social Security Act for making payments under the Community Services Block Grant Act (‘‘CSBG Act’’), sections 439(i), 473B, and 477(i) of the Social Security Act, and the Assets for Independence Act; and for necessary administrative expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of J uly 5, 1960, the L ow-Income Home E nergy Assistance Act of 1981, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and section 505 of the Family Support Act of 1988, $9,301,111,000, of which $36,500,000, to remain available through September 30, 2010, shall


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Page:United States Statutes at Large Volume 123.djvu/795

 123STA T .7 7 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9beforg r ants to S tates for a d o p t i on in c enti v epa ym ents , asa u t h or - i z ed by section 473A of the Socia l Security Act and may be made for adoptions completed before September 3 0, 2 00 9:Provide d ,T hat w ithout regard to the fiscal year limitations set forth in section 473A of the Social Security Act, from the amounts appropriated herein, the Secretary shall pay adoption incentives for fiscal year 200 8 in the same manner as such incentives were awarded in fiscal year 2008 for the previous fiscal year: Provided fu r th er, That $ 7, 1 12,78 6 ,000 shall be for ma k ing payments under the H ead Start Act, of which $2,000,000, to remain available through September 30, 2010, shall be designated to fund section 6 5 7 B
 * Provided further,

That $746,000,000 shall be for making payments under the C SB G Act: Provided further, That not less than $10,000,000 shall be for section 680 ( 3 ) (B) of the CSBG Act: Provided further, That in addition to amounts provided herein, $5,762,000 shall be available from amounts available under section 241 of the P HS Act to carry out the provisions of section 1110 of the Social Security Act: Pro - vided further, That to the e x tent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under the CSBG Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary of Health and Human Services shall establish procedures regarding the disposition of intangible assets and program income that permit such assets ac q uired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets in the form of loans, equity invest- ments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That these proce- dures shall apply to such grant funds made available after N ovember 29, 1999: Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corpora- tions: Provided further, That $47,688,000 shall be for a compassion capital fund to provide grants to charitable organizations to emulate model social service programs and to encourage research on the best practices of social service organizations: Provided further, That $17,410,000 shall be for activities authorized by the Help America V ote Act of 2002, of which $12,154,000 shall be for payments to States to promote access for voters with disabilities, and of which $5,256,000 shall be for payments to States for protection and advocacy systems for voters with disabilities: Provided further, That $94,659,000 shall be for making competitive grants to provide abstinence education (as defined by section 510(b)(2) of the Social Security Act) to adolescents, and for F ederal costs of administering the grants: Provided further, That grants under the immediately preceding proviso shall be made only to public and private entities which agree that, with respect to an adolescent to whom the entities provide abstinence education under such grants, the entities will not provide to that adolescent any other education regarding sexual conduct, except that, in the case of an entity expressly required Abstine n c e e du c a ti o n . A p p l icabilit y . Pr ocedures. 42USC9 92 1 note. Adoption incenti v es.


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Page:United States Statutes at Large Volume 123.djvu/796

 123STA T .7 7 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9bylawtopr o videh ealth i nf or m ation or s ervi c es the adolescent shall not be precl u ded from see k in g health information or services from the entity in a different setting than the setting in which abstinence education was provided
 * Provide

d fu r th er ,T hat informa - tion provided through such competitive grants for abstinence edu- cation shall be scientifically accurate and shall comply with section 317P( c ) ( 2 ) of theP HSA ct: Provided further , That within amounts provided herein for abstinence education for adolescents, up to $ 1 0 ,000,000 may be available for a national abstinence education campaign: Provided further, That in addition to amounts provided herein for abstinence education for adolescents, $ 4 ,4 5 5,000 shall be available from amounts available under section 241 of the PHS Act to carry out evaluations (including longitudinal evaluations) of adolescent pregnancy prevention approaches: Provided further, That up to $2,000,000 shall be for improving the Public Assistance R eporting I nformation System, including grants to States to support data collection for a study of the system ’ s effectiveness: Provided further, That $1 6, 9 10,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘ ‘ C hildren and F amilies Services Programs’’ in the e x planatory statement described in sec- tion 4 (in the matter preceding division A of this consolidated Act) .PROM O TINGSAFE AN D STA BL E FAMILIES For carrying out section 436 of the Social Security Act, $345,000,000 and section 437 of such Act, $63,311,000. PA Y MENTS TO STATES FOR FOSTER C ARE AND ADOPTION ASSISTANCE For making payments to States or other non-Federal entities under title I V–E of the Social Security Act, $5,050,000,000. For making payments to States or other non-Federal entities under title IV–E of the Social Security Act, for the first q uarter of fiscal year 2010, $1, 8 00,000,000. For making, after M ay 31 of the current fiscal year, payments to States or other non-Federal entities under section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. ADMINISTRATION ON AGING AGING SER V ICES PROGRAMS For carrying out, to the extent not otherwise provided, the O lder Americans Act of 1965, section 398 of the Public Health Service Act, and section 119 of the Medicare Improvements for Patients and Providers Act of 2008, $1,491,343,000, of which $5,500,000 shall be available for activities regarding medication management, screening, and education to prevent incorrect medica- tion and adverse drug reactions: Provided, That $5,123,000 shall be used for the projects, and in the amounts, specified under the heading ‘‘Aging Services Programs’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).


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Page:United States Statutes at Large Volume 123.djvu/797

 123STA T .7 77 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9OF F ICEO F TH E S EC R ET A R YG E N ERA LD E P ART M ENTAL MANAGEMENT ( INCL U DING TRAN S FER OF FUNDS )Fornec e s s a r y e xp enses , no t ot h er wi se pro v i d ed, f or g enera l depart m ental management, incl u ding hire of six sedans, and for carrying out titles I II, XV II, XX, XXI, and XXIX of the P u b lic H ealth Service A ct (‘ ‘PHS Act ’ ’ ) , the U nited States -M exico B order Health C ommission Act, and research studies under section 1 11 0 of the Social Security Act, $389 ,9 25 ,000, together with $5,851,000 to be transferred and expended as authori z ed by section 201(g)(1) of the Social Security Act from the Federal Hospital Insurance T rust Fund and the Federal Supplementary Medical Insurance Trust Fund, and $ 46, 7 56,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities
 * Provide

d, That of this amount, $51,891,000 shall be for minority AI D S prevention and treatment activities $5,789,000 shall be to assist Afghanistan in the development of maternal and child health clinics, consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002; and $1,000,000 shall be transferred, not later than 30 days after enactment of this Act, to the N ational Institute of Mental Health to administer the Interagency Autism Coordinating Com- mittee: Provided fu r th er, That of the funds made available under this heading for carrying out title XX of the PHS Act, $13,120,000 shall be for activities specified under section 2003(b)(2), all of which shall be for prevention service demonstration grants under section 510(b)(2) of title V of the Social Security Act without application of the limitation of section 2010(c) of such title XX: Provided further, That funds provided in this Act for embryo adoption activities may be used to provide, to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CF R 59 . 5(a)(4): Pro - vided further, That $2,854,000 shall be used for the pro j ects, and in the amounts, specified under the heading ‘‘ G eneral Departmental Management’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That specific information re q uests from the chair- men and ran k ing members of the Subcommittees on L abor, Health and Human Services, and E ducation, and Related Agencies, on scientific research or any other matter, shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate (‘‘Committees on Appropriations’’) in a prompt, professional manner and within the time frame specified in the request: Provided further , That scientific information, including such information provided in congressional testimony, requested by the Committees on Appropriations and prepared by government researchers and scientists shall be transmitted to the Committees on Appropriations, uncensored and without delay. OFFICE OF MEDICARE HEARINGS AND APPEALS For expenses necessary for administrative law judges respon- sible for hearing cases under title XVIII of the Social Security Act (and related provisions of title XI of such Act), $64,604,000, Scient i f ic inf orma tion .E m b r y oa d o p tion. D ead l ine.


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Page:United States Statutes at Large Volume 123.djvu/798

 123STA T .7 7 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9tobe t ransf erre di na p propriate part fro m t h e F edera lH ospital I ns u ran c e T rust Fund and the Federal S upplementar yM edical Insurance Trust Fund .OF F ICE OF TH E NA TIONA L COO RD INATOR FOR HEALTH INFOR M ATION TECHNOLO GY For e x penses necessary for the O ffice of the N ational C oordi - nator for Health Information Technolo g y , including grants, con- tracts, and cooperati v e agreements for the development and advancement of interoperable health information technology, $43, 5 5 2 , 0 00
 * Provide

d, That in addition to amounts provided herein, $ 17, 6 7 9 ,000 shall be available from amounts available under section 241 of the P ublic Health Service A ct. OFFICE OF IN SP ECTOR GENERAL For expenses necessary for the Office of Inspector G eneral, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 197 8, $45,279,000: Provided , That of such amount, necessary sums shall be available for providing protective services to the Secretary of Health and Human Services and investigating non-payment of child support cases for w hich non-payment is a Federal offense under 18 U .S.C. 228: Provided fu r th er, That at least forty percent of the funds provided in this Act for the Office of Inspector General shall be used only for investigations, audits, and evaluations per- taining to the discretionary programs funded in this Act. OFFICE FOR CI V IL RIGHTS For expenses necessary for the Office for Civil R ights, $36,785,000, together with not to exceed $3,314,000 to be trans- ferred and expended as authori z ed by section 201 ( g ) (1) of the Social Security Act from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. RETIREMENT PAY AND MEDICAL B ENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman ’ s Family Protection Plan and Sur- vivor B enefit Plan, and for medical care of dependents and retired personnel under the D ependents’ Medical Care Act, such amounts asmaybere q uired during the current fiscal year. P U BLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND ( INCLUDING TRANSFER OF FUNDS ) For expenses necessary to support activities related to coun- tering potential biological, nuclear, radiological and chemical threats to civilian populations, and for other public health emergencies, $537,704,000, of which not to exceed $22,052,000 shall be to pay the costs described in section 319F – 2(c)(7)(B) of the Public Health Service Act ( ‘ ‘PHS Act’’).


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Page:United States Statutes at Large Volume 123.djvu/799

 123STA T .7 7 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 Forexp e ns es ne c ess a r yt os u pport a dv anced researc h and deve l op m ent pursuant to sect i on 319L o f the PHSA ct ,$275, 0 00,000, to b e derived by transfer from funds appropriated under the headin g‘ ‘ B iodefense C ountermeasures ’ ’ inthe D epartment of Homeland Security Appropriations Act, 200 4, to remain available through September 30, 2010 . For expenses necessary to prepare for and respond to an influen z a pandemic, $44 8 ,091,000, together w ith $137,000,000 to be derived by transfer from funds appropriated under the heading ‘‘Biodefense Countermeasures’’ in the Department of Homeland Security Appropriations Act, 2004, of which $507,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools
 * Provide

d, T hat products purchased with these funds may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic N ational Stoc k pile under section 319F – 2 of the PHS Act: Provided fu r th er, That notwithstanding section 49 6( b ) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated herein may be trans - ferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appro- priate, to be used for the purposes specified in this paragraph. GE NE R AL PR OVI SIONS S EC . 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary of Health and Human Services. SEC. 202. The Secretary of Health and Human Services shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the U nited Nations International Children’s Emergency Fund or the W orld Health Organization. SEC. 203. None of the funds appropriated in this Act for the National Institutes of Health, the Agency for Healthcare Research and Q uality, and the Substance Abuse and M ental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level I. SEC. 204. None of the funds appropriated in this Act may be expended pursuant to section 241 of the Public Health Service Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of Health and Human Services, prior to the preparation and submission of a report by the Secretary of Health and Human Services to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. SEC. 205. Notwithstanding section 241(a) of the Public Health Service Act, such portion as the Secretary of Health and Human Reports.G o v er nm ent emp l o y ees. Chi l d ren a nd yo u th. AIDS .


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Page:United States Statutes at Large Volume 123.djvu/800

 123STA T .780PUBLIC LA W 111 – 8 —M A R .11, 200 9Servic e s s hal l d e t er m i n e ,bu tn o t more than 2.4p ercent, o f an y amounts appropriated for pro g rams authori z ed under such A ct shall be made available for the evaluation ( directly, or by grants or contracts ) of the implementation and effectiveness of such programs. (TRANSFE R O FF U N D S ) SE C . 2 06 . N ottoe x ceed 1 percent of any discretionary funds (pursuant to the B alanced Budget and E mergency D eficit C ontrol Actof1 985 ) w hich are appropriated for the current fiscal year for the Department of H ealth and Human Services in this Act may be transferred between a program, pro j ect, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer
 * Provide

d, T hat the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided fu r th er, That the Committees on Appropria - tions of the House of R epresentatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) SEC. 20 7 . The Director of the National I nstitutes of Health, jointly with the Director of the O ffice of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Pro - vided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) SEC. 208. Of the amounts made available in this Act for the National Institutes of Health, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office of AIDS Research, shall be made available to the ‘ ‘Office of AIDS Research ’ ’ account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the P ublic Health Service Act. SEC. 209. None of the funds appropriated in this Act may be made available to any entity under title X of the Public Health Service Act unless the applicant for the award certifies to the Secretary of Health and Human Services that it encourages family participation in the decision of minors to see k family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. SEC. 210. Notwithstanding any other provision of law, no pro- vider of services under title X of the Public Health Service Act shall be exempt from any State law re q uiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. SEC. 211. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the M edicare Advantage program if the Secretary of Health and Certif i ca ti on.N otification. D ea dl ine. Notification. Deadline.