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(2) During World War II, Filipinos served in a 
variety of units, some of which came under the direct 
control of the United States Armed Forces. 
(3) The regular Philippine Scouts, the new Phil-
ippine Scouts, the Guerrilla Services, and more than 
100,000 members of the Philippine Commonwealth 
Army were called into the service of the United States 
Armed Forces of the Far East on July 26, 1941, by 
an executive order of President Franklin D. Roosevelt. 
(4) Even after hostilities had ceased, wartime 
service of the new Philippine Scouts continued as a 
matter of law until the end of 1946, and the force 
gradually disbanded and was disestablished in 1950. 
(5) Filipino veterans who were granted benefits 
prior to the enactment of the so-called Rescissions 
Acts of 1946 (Public Laws 79–301 and 79–391) cur-
rently receive full benefits under laws administered by 
the Secretary of Veterans Affairs, but under section 
107 of title 38, United States Code, the service of cer-
tain other Filipino veterans is deemed not to be active 
service for purposes of such laws. 
(6) These other Filipino veterans only receive 
certain benefits under title 38, United States Code, 
and, depending on where they legally reside, are paid 
such benefit amounts at reduced rates.
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(7) The benefits such veterans receive include 
service-connected compensation benefits paid under 
chapter 11 of title 38, United States Code, dependency 
indemnity compensation survivor benefits paid under 
chapter 13 of title 38, United States Code, and burial 
benefits under chapters 23 and 24 of title 38, United 
States Code, and such benefits are paid to bene-
ficiaries at the rate of $0.50 per dollar authorized, 
unless they lawfully reside in the United States. 
(8) Dependents’ educational assistance under 
chapter 35 of title 38, United States Code, is also 
payable for the dependents of such veterans at the rate 
of $0.50 per dollar authorized, regardless of the vet-
erans’ residency. 
(b) COMPENSATION FUND.— 
(1) IN GENERAL.—There is in the general fund 
of the Treasury a fund to be known as the ‘‘Filipino 
Veterans Equity Compensation Fund’’ (in this section 
referred to as the ‘‘compensation fund’’). 
(2) AVAILABILITY
OF FUNDS.—Subject to the 
availability of appropriations for such purpose, 
amounts in the fund shall be available to the Sec-
retary of Veterans Affairs without fiscal year limita-
tion to make payments to eligible persons in accord-
ance with this section.
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(c) PAYMENTS.— 
(1) IN GENERAL.—The Secretary may make a 
payment from the compensation fund to an eligible 
person who, during the one-year period beginning on 
the date of the enactment of this Act, submits to the 
Secretary a claim for benefits under this section. The 
application for the claim shall contain such informa-
tion and evidence as the Secretary may require. 
(2) PAYMENT TO SURVIVING SPOUSE.—If an eli-
gible person who has filed a claim for benefits under 
this section dies before payment is made under this 
section, the payment under this section shall be made 
instead to the surviving spouse, if any, of the eligible 
person. 
(d) ELIGIBLE PERSONS.—An eligible person is any 
person who— 
(1) served— 
(A) before July 1, 1946, in the organized 
military forces of the Government of the Com-
monwealth of the Philippines, while such forces 
were in the service of the Armed Forces of the 
United States pursuant to the military order of 
the President dated July 26, 1941, including 
among such military forces organized guerrilla 
forces under commanders appointed, designated,
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or subsequently recognized by the Commander in 
Chief, Southwest Pacific Area, or other com-
petent authority in the Army of the United 
States; or 
(B) in the Philippine Scouts under section 
14 of the Armed Forces Voluntary Recruitment 
Act of 1945 (59 Stat. 538); and 
(2) was discharged or released from service de-
scribed in paragraph (1) under conditions other than 
dishonorable. 
(e) PAYMENT AMOUNTS.—Each payment under this 
section shall be— 
(1) in the case of an eligible person who is not 
a citizen of the United States, in the amount of 
$9,000; and 
(2) in the case of an eligible person who is a cit-
izen of the United States, in the amount of $15,000. 
(f) LIMITATION.—The Secretary may not make more 
than one payment under this section for each eligible person 
described in subsection (d). 
(g) CLARIFICATION
OF TREATMENT
OF PAYMENTS 
UNDER CERTAIN LAWS.—Amounts paid to a person under 
this section—
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(1) shall be treated for purposes of the internal 
revenue laws of the United States as damages for 
human suffering; and 
(2) shall not be included in income or resources 
for purposes of determining— 
(A) eligibility of an individual to receive 
benefits described in section 3803(c)(2)(C) of title 
31, United States Code, or the amount of such 
benefits; 
(B) eligibility of an individual to receive 
benefits under title VIII of the Social Security 
Act, or the amount of such benefits; or 
(C) eligibility of an individual for, or the 
amount of benefits under, any other Federal or 
federally assisted program. 
(h) RELEASE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the acceptance by an eligible person or sur-
viving spouse, as applicable, of a payment under this 
section shall be final, and shall constitute a complete 
release of any claim against the United States by rea-
son of any service described in subsection (d). 
(2) PAYMENT OF PRIOR ELIGIBILITY STATUS.— 
Nothing in this section shall prohibit a person from 
receiving any benefit (including health care, survivor,
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or burial benefits) which the person would have been 
eligible to receive based on laws in effect as of the day 
before the date of the enactment of this Act. 
(i) RECOGNITION OF SERVICE.—The service of a per-
son as described in subsection (d) is hereby recognized as 
active military service in the Armed Forces for purposes 
of, and to the extent provided in, this section. 
(j) ADMINISTRATION.— 
(1) The Secretary shall promptly issue applica-
tion forms and instructions to ensure the prompt and 
efficient administration of the provisions of this sec-
tion. 
(2) The Secretary shall administer the provisions 
of this section in a manner consistent with applicable 
provisions of title 38, United States Code, and other 
provisions of law, and shall apply the definitions in 
section 101 of such title in the administration of such 
provisions, except to the extent otherwise provided in 
this section. 
(k) REPORTS.—The Secretary shall include, in docu-
ments submitted to Congress by the Secretary in support 
of the President’s budget for each fiscal year, detailed infor-
mation on the operation of the compensation fund, includ-
ing the number of applicants, the number of eligible persons 
receiving benefits, the amounts paid out of the compensa-
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tion fund, and the administration of the compensation fund 
for the most recent fiscal year for which such data is avail-
able. 
(l) AUTHORIZATION OF APPROPRIATION.—There is au-
thorized to be appropriated to the compensation fund 
$198,000,000, to remain available until expended, to make 
payments under this section. 
RELATED AGENCY 
DEPARTMENT OF DEFENSE—CIVIL 
CEMETERIAL EXPENSES, ARMY 
SALARY AND EXPENSES 
For an additional amount for ‘‘Cemeterial Expenses, 
Army’’, $60,300,000, to remain available until September 
30, 2010, for land development, columbarium construction, 
and relocation of utilities at Arlington National Cemetery. 
TITLE XI—STATE, FOREIGN OPERATIONS, AND 
RELATED PROGRAMS 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’ for urgent domestic facilities require-
ments, $90,000,000, to remain available until September 
30, 2010, of which up to $20,000,000 shall be available for 
passport facilities and systems, and up to $65,000,000 shall
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be available for a consolidated security training facility in 
the United States and should be obligated in accordance 
with United States General Services Administration site se-
lection procedures: Provided, That the Secretary of State 
shall submit to the Committees on Appropriations within 
90 days of enactment of this Act a detailed spending plan 
for funds appropriated under this heading: Provided fur-
ther, That with respect to the funds made available for pass-
port facilities and systems, such plan shall be developed in 
consultation with the Department of Homeland Security 
and the General Services Administration and shall coordi-
nate and co-locate, to the extent feasible, the construction 
of passport agencies with other Federal facilities. 
CAPITAL INVESTMENT FUND 
For an additional amount for ‘‘Capital Investment 
Fund’’, $228,000,000, to remain available until September 
30, 2010, which shall be available for information tech-
nology security and upgrades to support mission-critical 
operations: Provided, That the Secretary of State and the 
Administrator of the United States Agency for Inter-
national Development shall coordinate information tech-
nology systems, where appropriate, to increase efficiencies 
and eliminate redundancies, to include co-location of 
backup information management facilities: Provided fur-
ther, That the Secretary of State shall submit to the Com-
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mittees on Appropriations within 90 days of enactment of 
this Act a detailed spending plan for funds appropriated 
under this heading. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’ for oversight requirements, $1,500,000, to remain 
available until September 30, 2011. 
INTERNATIONAL COMMISSIONS 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, 
UNITED STATES AND MEXICO 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’ for the 
water quantity program to meet immediate repair and re-
habilitation requirements, $224,000,000, to remain avail-
able until September 30, 2010: Provided, That up to 
$2,000,000 may be transferred to, and merged with, funds 
available under the heading ‘‘International Boundary and 
Water Commission, United States and Mexico—Salaries 
and Expenses’’: Provided, That the Secretary of State shall 
submit to the Committees on Appropriations within 90 
days of enactment of this Act a detailed spending plan for 
funds appropriated under this heading.
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UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
FUNDS APPROPRIATED TO THE PRESIDENT 
CAPITAL INVESTMENT FUND 
For an additional amount for ‘‘Capital Investment 
Fund’’, $58,000,000, to remain available until September 
30, 2010, which shall be available for information tech-
nology modernization programs and implementation of the 
Global Acquisition System: Provided, That the Adminis-
trator of the United States Agency for International Devel-
opment shall submit to the Committees on Appropriations 
within 90 days of enactment of this Act a detailed spending 
plan for funds appropriated under this heading. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN-
SPECTOR GENERAL 
For an additional amount for ‘‘Operating Expenses of 
the United States Agency for International Development 
Office of Inspector General’’ for oversight requirements, 
$500,000, to remain available until September 30, 2011.
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TITLE XII—TRANSPORTATION AND HOUSING AND 
URBAN DEVELOPMENT, AND RELATED AGENCIES 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SUPPLEMENTAL DISCRETIONARY GRANTS FOR A NATIONAL 
SURFACE TRANSPORTATION SYSTEM 
For an additional amount for capital investments in 
surface transportation infrastructure, $5,500,000,000, to re-
main available until September 30, 2011: Provided, That 
the Secretary of Transportation shall distribute funds pro-
vided under this heading as discretionary grants to be 
awarded to State and local governments on a competitive 
basis for projects that will have a significant impact on 
the Nation, a metropolitan area, or a region: Provided fur-
ther, That projects eligible for funding provided under this 
heading shall include, but not be limited to, highway or 
bridge projects eligible under title 23, United States Code, 
including interstate rehabilitation, improvements to the 
rural collector road system, the reconstruction of overpasses 
and interchanges, bridge replacements, seismic retrofit 
projects for bridges, and road realignments; public trans-
portation projects eligible under chapter 53 of title 49, 
United States Code, including investments in projects par-
ticipating in the New Starts or Small Starts programs that 
will expedite the completion of those projects and their entry
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into revenue service; passenger and freight rail transpor-
tation projects; and port infrastructure investments, includ-
ing projects that connect ports to other modes of transpor-
tation and improve the efficiency of freight movement: Pro-
vided further, That of the amount made available under this 
paragraph, the Secretary may use an amount not to exceed 
$200,000,000 for the purpose of paying the subsidy costs 
of projects eligible for federal credit assistance under chap-
ter 6 of title 23, United States Code, if the Secretary finds 
that such use of the funds would advance the purposes of 
this paragraph: Provided further, That in distributing 
funds provided under this heading, the Secretary shall take 
such measures so as to ensure an equitable geographic dis-
tribution of funds and an appropriate balance in address-
ing the needs of urban and rural communities: Provided 
further, That a grant funded under this heading shall be 
not 
less 
than 
$20,000,000 
and 
not 
greater 
than 
$500,000,000: Provided further, That the Federal share of 
the costs for which an expenditure is made under this head-
ing may be up to 100 percent: Provided further, That the 
Secretary shall give priority to projects that require an ad-
ditional share of Federal funds in order to complete an over-
all financing package, and to projects that are expected to 
be completed within 3 years of enactment of this Act: Pro-
vided further, That the Secretary shall publish criteria on
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FEDERAL AVIATION ADMINISTRATION 
SUPPLEMENTAL FUNDING FOR FACILITIES AND EQUIPMENT 
For an additional amount for necessary investments 
in 
Federal 
Aviation 
Administration 
infrastructure, 
$200,000,000: Provided, That funding provided under this 
heading shall be used to make improvements to power sys-
tems, air route traffic control centers, air traffic control 
towers, terminal radar approach control facilities, and 
navigation and landing equipment: Provided further, That 
priority be given to such projects or activities that will be 
completed within 2 years of enactment of this Act: Provided 
further, That amounts made available under this heading 
may be provided through grants in addition to the other 
instruments authorized under section 106(l)(6) of title 49, 
United States Code: Provided further, That the Federal 
share of the costs for which an expenditure is made under 
this heading shall be 100 percent: Provided further, That 
amounts provided under this heading may be used for ex-
penses the agency incurs in administering this program: 
Provided further, That not more than 60 days after enact-
ment of this Act, the Administrator shall establish a process 
for applying, reviewing and awarding grants and coopera-
tive and other transaction agreements, including the form 
and content of an application, and requirements for the 
maintenance of records that are necessary to facilitate an
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effective audit of the use of the funding provided: Provided 
further, That section 50101 of title 49, United States Code, 
shall apply to funds provided under this heading. 
SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT 
INVESTMENT 
For an additional amount for capital expenditures au-
thorized under sections 47102(3) and 47504(c) of title 49, 
United States Code, and for the procurement, installation 
and commissioning of runway incursion prevention devices 
and systems at airports of such title, $1,100,000,000: Pro-
vided, That the Secretary of Transportation shall distribute 
funds provided under this heading as discretionary grants 
to airports, with priority given to those projects that dem-
onstrate to his or her satisfaction their ability to be com-
pleted within 2 years of enactment of this Act, and serve 
to supplement and not supplant planned expenditures from 
airport-generated revenues or from other State and local 
sources on such activities: Provided further, That the Fed-
eral share payable of the costs for which a grant is made 
under this heading shall be 100 percent: Provided further, 
That the amount made available under this heading shall 
not be subject to any limitation on obligations for the 
Grants-in-Aid for Airports program set forth in any Act: 
Provided further, That section 50101 of title 49, United 
States Code, shall apply to funds provided under this head-
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ing: Provided further, That projects conducted using funds 
provided under this heading must comply with the require-
ments of subchapter IV of chapter 31 of title 40, United 
States Code: Provided further, That the Administrator of 
the Federal Aviation Administration may retain and trans-
fer to ‘‘Federal Aviation Administration, Operations’’ up 
to one-quarter of 1 percent of the funds provided under this 
heading to fund the award and oversight by the Adminis-
trator of grants made under this heading. 
FEDERAL HIGHWAY ADMINISTRATION 
SUPPLEMENTAL GRANTS FOR HIGHWAY INVESTMENT 
For an additional amount for restoration, repair, con-
struction and other activities eligible under paragraph (b) 
of section 133 of title 23, United States Code, 
$27,060,000,000: Provided, That funds provided under this 
heading shall be apportioned to States using the formula 
set forth in section 104(b)(3) of such title: Provided further, 
That 180 days following the date of such apportionment, 
the Secretary of Transportation shall withdraw from each 
State an amount equal to 50 percent of the funds awarded 
to that grantee less the amount of funding obligated, and 
the Secretary shall redistribute such amounts to other States 
that have had no funds withdrawn under this proviso in 
the manner described in section 120(c) of division K of Pub-
lic Law 110–161: Provided further, That 1 year following
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the date of such apportionment, the Secretary shall with-
draw from each recipient of funds apportioned under this 
heading any unobligated funds and transfer such funds to 
‘‘Supplemental Discretionary Grants for a National Sur-
face Transportation System’’: Provided further, That at the 
request of a State, the Secretary of Transportation may 
provide an extension of such 1-year period only to the extent 
that he or she feels satisfied that the State has encountered 
extreme conditions that create an unworkable bidding envi-
ronment or other extenuating circumstances: Provided fur-
ther, That before granting a such an extension, the Sec-
retary shall send a letter to the House and Senate Commit-
tees on Appropriations that provides a thorough justifica-
tion for the extension: Provided further, That the provisions 
of subsections 133(d)(3) and 133(d)(4) of title 23, United 
States Code, shall apply to funds apportioned under this 
heading, except that the percentage of funds to be allocated 
to local jurisdictions shall be 40 percent and such alloca-
tion, notwithstanding any other provision of law, shall be 
conducted in all states within the United States: Provided 
further, That funds allocated to such urbanized areas and 
other areas shall not be subject to the redistribution of 
amounts required 180 days following the date of apportion-
ment of funds provided under this heading: Provided fur-
ther, That funds apportioned under this heading may be
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used for, but not be limited to, projects that address 
stormwater runoff, investments in passenger and freight 
rail transportation, and investments in port infrastructure: 
Provided further, that each State shall use not less than 
5 percent of funds apportioned to it for activities eligible 
under subsections 149(b) and (c) of title 23, United States 
Code: Provided further, That of the funds provided under 
this heading, $60,000,000 shall be for capital expenditures 
eligible under section 147 of title 23, United States Code: 
Provided further, That the Secretary of Transportation 
shall distribute such $60,000,000 as competitive discre-
tionary grants to States, with priority given to those 
projects that demonstrate to his or her satisfaction their 
ability to be completed within 2 years of enactment of this 
Act: Provided further, That of the funds provided under this 
heading, $500,000,000 shall be for investments in transpor-
tation at Indian reservations and Federal lands, and ad-
ministered in accordance with chapter 2 of title 23, United 
States Code: Provided further, That of the funds identified 
in the preceding proviso, $320,000,000 shall be for the In-
dian Reservation Roads program, $100,000,000 shall be for 
the Park Roads and Parkways program, $70,000,000 shall 
be for the Forest Highway Program, and $10,000,000 shall 
be for the Refuge Roads program: Provided further, That 
for investments at Indian reservations and Federal lands,
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priority shall be given to capital investments, and to 
projects and activities that can be completed within 2 years 
of enactment of this Act: Provided further, That 1 year fol-
lowing the enactment of this Act, to ensure the prompt use 
of the $500,000,000 provided for investments at Indian res-
ervations and Federal lands, the Secretary shall have the 
authority to redistribute unobligated funds within the re-
spective program for which the funds were appropriated: 
Provided further, That up to 4 percent of the funding pro-
vided for Indian Reservation Roads may be used by the 
Secretary of the Interior for program management and 
oversight and project-related administrative expenses: Pro-
vided further, That section 134(f)(3)(C)(ii)(II) of title 23, 
United States Code, shall not apply to funds provided under 
this heading: Provided further, That the Federal share pay-
able on account of any project or activity carried out with 
funds made available under this heading shall be at the op-
tion of the recipient, and may be up to 100 percent of the 
total cost thereof: Provided further, That funding provided 
under this heading shall be in addition to any and all funds 
provided for fiscal years 2008 and 2009 in any other Act 
for ‘‘Federal-aid Highways’’ and shall not affect the dis-
tribution of funds provided for ‘‘Federal-aid Highways’’ in 
any other Act: Provided further, That the amount made 
available under this heading shall not be subject to any lim-
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itation on obligations for Federal-aid highways or highway 
safety construction programs set forth in any Act: Provided 
further, That projects conducted using funds provided under 
this heading must comply with the requirements of sub-
chapter IV of chapter 31 of title 40, United States Code: 
Provided further, That section 313 of title 23, United States 
Code, shall apply to funds provided under this heading: 
Provided further, That section 1101(b) of Public Law 109– 
59 shall apply to funds apportioned under this heading: 
Provided further, That for the purposes of the definition of 
States for this paragraph, sections 101(a)(32) of title 23, 
United States Code, shall apply: Provided further, That the 
Administrator of the Federal Highway Administration 
may retain up to $12,000,000 of the funds provided under 
this heading to carry out the function of the ‘‘Federal High-
way Administration, Limitation on Administrative Ex-
penses’’ and to fund the oversight by the Administrator of 
projects and activities carried out with funds made avail-
able to the Federal Highway Administration in this Act. 
FEDERAL RAILROAD ADMINISTRATION 
SUPPLEMENTAL GRANTS TO STATES FOR INTERCITY 
PASSENGER RAIL SERVICE 
For an additional amount for discretionary grants to 
States to pay for the cost of projects described in paragraphs 
(2)(A) and (2)(B) of section 24401 of title 49, United States
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Code, and subsection (b) of section 24105 of such title, 
$250,000,000: Provided, That to be eligible for assistance 
under this paragraph, the specific project must be on a 
Statewide Transportation Improvement Plan at the time 
of the application to qualify: Provided further, That the 
Secretary of Transportation shall give priority to projects 
that demonstrate an ability to be completed within 2 years 
of enactment of this Act, and to projects that improve the 
safety and reliability of intercity passenger trains: Pro-
vided further, That the Federal share payable of the costs 
for which a grant is made under this heading shall be 100 
percent: Provided further, That projects conducted using 
funds provided under this heading must comply with the 
requirements of subchapter IV of chapter 31 of title 40, 
United States Code: Provided further, That section 
24405(a) of title 49, United States Code, shall apply to 
funds provided under this heading: Provided further, That 
the Administrator of the Federal Railroad Administration 
may retain and transfer to ‘‘Federal Railroad Administra-
tion, Safety and Operations’’ up to one-quarter of 1 percent 
of the funds provided under this heading to fund the award 
and oversight by the Administrator of grants made under 
this heading.
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SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
For an additional amount for the immediate invest-
ment in capital projects necessary to maintain and improve 
national intercity passenger rail service, including the re-
habilitation of rolling stock, $850,000,000: Provided, That 
funds made available under this heading shall be allocated 
directly to the National Railroad Passenger Corporation: 
Provided further, That the Board of Directors of the cor-
poration shall take measures to ensure that priority is given 
to capital projects that expand passenger rail capacity: Pro-
vided further, That the Board of Directors shall take meas-
ures to ensure that projects funded under this heading shall 
be completed within 2 years of enactment of this Act, and 
shall serve to supplement and not supplant planned expend-
itures for such activities from other Federal, State, local 
and corporate sources: Provided further, That said Board 
of Directors shall certify to the House and Senate Commit-
tees on Appropriations in writing their compliance with 
the preceding proviso: Provided further, That section 
24305(f) of title 49, United States Code, shall apply to 
funds provided under this heading: Provided further, That 
not more than 50 percent of the funds provided under this 
heading may be used for capital projects along the North-
east Corridor.
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HIGH-SPEED RAIL CORRIDOR PROGRAM 
To make grants for high-speed rail projects under the 
provisions of section 26106 of title 49, United States Code, 
$2,000,000,000, to remain available until September 30, 
2011: Provided, That the Federal share payable of the costs 
for which a grant is made under this heading shall be 100 
percent: Provided further, That the Administrator of the 
Federal Railroad Administration may retain and transfer 
to ‘‘Federal Railroad Administration, Safety and Oper-
ations’’ up to one-quarter of 1 percent of the funds provided 
under this heading to fund the award and oversight by the 
Administrator of grants made under this paragraph. 
FEDERAL TRANSIT ADMINISTRATION 
SUPPLEMENTAL GRANTS FOR PUBLIC TRANSIT INVESTMENT 
For an additional amount for capital expenditures au-
thorized under section 5302(a)(1) of title 49, United States 
Code, $8,400,000,000: Provided, That the Secretary of 
Transportation shall apportion 71 percent of the funds ap-
portioned under this heading using the formula set forth 
in subsections (a) through (c) of section 5336 of title 49, 
United States Code, 19 percent of the funds apportioned 
under this heading using the formula set forth in section 
5340 of such title, and 10 percent of the funding appor-
tioned under this heading using the formula set forth in 
subsection 5311(c) of such title: Provided further, That 180
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days following the date of such apportionment, the Sec-
retary shall withdraw from each grantee an amount equal 
to 50 percent of the funds awarded to that grantee less the 
amount of funding obligated, and the Secretary shall redis-
tribute such amounts to other grantees that have had no 
funds withdrawn under this proviso utilizing whatever 
method he or she deems appropriate to ensure that all funds 
provided under this paragraph shall be utilized promptly: 
Provided further, That 1 year following the date of such 
apportionment, the Secretary shall withdraw from each 
grantee any unobligated funds and transfer such funds to 
‘‘Supplemental Discretionary Grants for a National Sur-
face Transportation System’’: Provided further, That at the 
request of a grantee, the Secretary of Transportation may 
provide an extension of such 1-year periods if he or she feels 
satisfied that the grantee has encountered an unworkable 
bidding environment or other extenuating circumstances: 
Provided further, That before granting such an extension, 
the Secretary shall send a letter to the House and Senate 
Committees on Appropriations that provides a thorough 
justification for the extension: Provided further, That of the 
funds apportioned using the formula set forth in subsection 
5311(c) of title 49, United States Code, 2 percent shall be 
made available for section 5311(c)(1): Provided further, 
That of the funding provided under this heading,
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$200,000,000 shall be distributed as discretionary grants to 
public transit agencies for capital investments that will as-
sist in reducing the energy consumption or greenhouse gas 
emissions of their public transportation systems: Provided 
further, That for such grants on energy-related investments, 
priority shall be given to projects based on the total energy 
savings that are projected to result from the investment, and 
projected energy savings as a percentage of the total energy 
usage of the public transit agency: Provided further, That 
the Federal share of the costs for which any grant is made 
under this heading shall be at the option of the recipient, 
and may be up to 100 percent: Provided further, That the 
amount made available under this heading shall not be sub-
ject to any limitation on obligations for transit programs 
set forth in any Act: Provided further, That section 1101(b) 
of Public Law 109–59 shall apply to funds apportioned 
under this heading: Provided further, That the funds appro-
priated under this heading shall be subject to subsection 
5323(j) and section 5333 of title 49, United States Code 
as well as sections 5304 and 5305 of said title, as appro-
priate, but shall not be comingled with funds available 
under the Formula and Bus Grants account: Provided fur-
ther, That the Administrator of the Federal Transit Admin-
istration may retain up to $3,000,000 of the funds provided 
under this heading to carry out the function of ‘‘Federal
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Transit Administration, Administrative Expenses’’ and to 
fund the oversight of grants made under this heading by 
the Administrator. 
MARITIME ADMINISTRATION 
SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL 
SHIPYARDS 
To make grants to qualified shipyards as authorized 
under section 3506 of Public Law 109–163 or section 54101 
of title 46, United States Code, $100,000,000: Provided, 
That the Secretary of Transportation shall institute meas-
ures to ensure that funds provided under this heading shall 
be obligated within 180 days of the date of their distribu-
tion: Provided further, That the Maritime Administrator 
may retain and transfer to ‘‘Maritime Administration, Op-
erations and Training’’ up to 2 percent of the funds pro-
vided under this heading to fund the award and oversight 
by the Administrator of grants made under this heading. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For an additional amount for necessary expenses of 
the Office of Inspector General to carry out the provisions 
of the Inspector General Act of 1978, as amended, 
$7,750,000, to remain available until September 30, 2011, 
and an additional $12,250,000 for such purposes, to remain 
available until September 30, 2012: Provided, That the
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funding made available under this heading shall be used 
for conducting audits and investigations of projects and ac-
tivities carried out with funds made available in this Act 
to the Department of Transportation and to the National 
Railroad Passenger Corporation: Provided further, That the 
Inspector General shall have all necessary authority, in car-
rying out the duties specified in the Inspector General Act, 
as amended (5 U.S.C. App. 3), to investigate allegations 
of fraud, including false statements to the Government (18 
U.S.C. 1001), by any person or entity that is subject to 
regulation by the Department. 
GENERAL PROVISION—DEPARTMENT OF 
TRANSPORTATION 
SEC. 1201. Section 5309(g)(4)(A) of title 49, United 
States Code, is amended by striking ‘‘or an amount equiva-
lent to the last 3 fiscal years of funding allocated under 
subsections (m)(1)(A) and (m)(2)(A)(ii)’’ and inserting ‘‘or 
the sum of the funds available for the next 3 fiscal years 
beyond the current fiscal year, assuming an annual growth 
of the program of 10 percent’’. 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For an additional amount for ‘‘Native American 
Housing Block Grants’’, as authorized under title I of the
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Native American Housing Assistance and Self-Determina-
tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.), 
$510,000,000, to remain available until September 30, 
2011: Provided, That $255,000,000 of the amount provided 
under this heading shall be distributed according to the 
same funding formula used in fiscal year 2008: Provided 
further, That in selecting projects to be funded, recipients 
shall give priority to projects that can award contracts 
based on bids within 180 days from the date that funds 
are available to recipients: Provided further, That the Sec-
retary shall obligate $255,000,000 of the amount provided 
under this heading for competitive grants to eligible entities 
that apply for funds authorized under NAHASDA: Pro-
vided further, That in awarding competitive funds, the Sec-
retary shall give priority to projects that will spur construc-
tion and rehabilitation and will create employment oppor-
tunities for low-income and unemployed persons: Provided 
further, That recipients of funds under this heading shall 
obligate 100 percent of such funds within 1 year of the date 
of enactment of this Act, expend at least 50 percent of such 
funds within 2 years of the date on which funds become 
available to such jurisdictions for obligation, and expend 
100 percent of such funds within 3 years of such date: Pro-
vided further, That if a recipient fails to comply with either 
the 1-year obligation requirement or the 2-year expenditure
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requirement, the Secretary shall recapture all remaining 
funds awarded to the recipient and reallocate such funds 
to recipients that are in compliance with those require-
ments: Provided further, That if a recipient fails to comply 
with the 3-year expenditure requirement, the Secretary 
shall recapture the balance of the funds awarded to the re-
cipient: Provided further, That, notwithstanding any other 
provision of this paragraph, the Secretary may institute 
measures to ensure participation in the formula and com-
petitive allocation of funds provided under this paragraph 
by any housing entity eligible to receive funding under title 
VIII of NAHASDA (25 U.S.C. 4221 et seq.): Provided fur-
ther, That in administering funds provided in this heading, 
the Secretary may waive any provision of any statute or 
regulation that the Secretary administers in connection 
with the obligation by the Secretary or the use by the recipi-
ent of these funds except for requirements imposed by this 
heading and requirements related to fair housing, non-
discrimination, labor standards, and the environment, 
upon a finding that such waiver is required to facilitate 
the timely use of such funds and would not be inconsistent 
with the overall purpose of the statute or regulation: Pro-
vided further, That, of the funds made available under this 
heading, up to 1 percent shall be available for staffing, 
training, technical assistance, technology, monitoring, re-
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search and evaluation activities: Provided further, That 
any funds made available under this heading used by the 
Secretary for personnel expenses shall be transferred to and 
merged with funding provided to ‘‘Personnel Compensation 
and Benefits, Office of Public and Indian Housing’’: Pro-
vided further, That any funds made available under this 
heading used by the Secretary for training or other admin-
istrative expenses shall be transferred to and merged with 
funding provided to ‘‘Administration, Operations, and 
Management’’, for non-personnel expenses of the Depart-
ment of Housing and Urban Development: Provided fur-
ther, That any funds made available under this heading 
used by the Secretary for technology shall be transferred to 
and merged with the funding provided to ‘‘Working Capital 
Fund’’. 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount for the ‘‘Public Housing 
Capital Fund’’ to carry out capital and management ac-
tivities for public housing agencies, as authorized under sec-
tion 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ‘‘Act’’), $5,000,000,000, to remain available 
until September 30, 2011: Provided, That the Secretary of 
Housing 
and 
Urban 
Development 
shall 
allocate 
$3,000,000,000 of this amount by the formula authorized 
under section 9(d)(2) of the Act, except that the Secretary
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may determine not to allocate funding to public housing 
agencies currently designated as troubled or to public hous-
ing agencies that elect not to accept such funding: Provided 
further, 
That 
the 
Secretary 
shall 
make 
available 
$2,000,000,000 by competition for priority investments, in-
cluding investments that leverage private sector funding or 
financing for renovations and energy conservation retrofit 
investments: Provided further, That public housing agencies 
shall prioritize capital projects that are already underway 
or included in the 5-year capital fund plans required by 
the Act (42 U.S.C. 1437c–1(a)): Provided further, That in 
allocating competitive grants under this heading, the Sec-
retary shall give priority consideration to the rehabilitation 
of vacant rental units: Provided further, That notwith-
standing any other provision of law, (1) funding provided 
herein may not be used for operating or rental assistance 
activities, and (2) any restriction of funding to replacement 
housing uses shall be inapplicable: Provided further, That 
notwithstanding any other provision of law, the Secretary 
shall institute measures to ensure that funds provided under 
this heading shall serve to supplement and not supplant 
expenditures from other Federal, State, or local sources or 
funds independently generated by the grantee: Provided fur-
ther, That notwithstanding section 9(j), public housing 
agencies shall obligate 100 percent of the funds within 1
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year of the date of enactment of this Act, shall expend at 
least 60 percent of funds within 2 years of the date on which 
funds become available to the agency for obligation, and 
shall expend 100 percent of the funds within 3 years of such 
date: Provided further, That if a public housing agency fails 
to comply with either the 1-year obligation requirement or 
the 2-year expenditure requirement, the Secretary shall re-
capture all remaining funds awarded to the public housing 
agency and reallocate such funds to agencies that are in 
compliance with those requirements: Provided further, That 
if a public housing agency fails to comply with the 3-year 
expenditure requirement, the Secretary shall recapture the 
balance of the funds awarded to the public housing agency: 
Provided further, That in administering funds provided in 
this heading, the Secretary may waive any provision of any 
statute or regulation that the Secretary administers in con-
nection with the obligation by the Secretary or the use by 
the recipient of these funds except for requirements imposed 
by this heading and requirements related to conditions on 
use of funds for development and modernization, fair hous-
ing, non-discrimination, labor standards, and the environ-
ment, upon a finding that such waiver is required to facili-
tate the timely use of such funds and would not be incon-
sistent with the overall purpose of the statute or regulation: 
Provided further, That of the funds made available under
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this heading, up to 1 percent shall be available for staffing, 
training, technical assistance, technology, monitoring, re-
search and evaluation activities: Provided further, That 
any funds made available under this heading used by the 
Secretary for personnel expenses shall be transferred to and 
merged with funding provided to ‘‘Personnel Compensation 
and Benefits, Office of Public and Indian Housing’’: Pro-
vided further, That any funds made available under this 
heading used by the Secretary for training or other admin-
istrative expenses shall be transferred to and merged with 
funding provided to ‘‘Administration, Operations, and 
Management’’, for non-personnel expenses of the Depart-
ment of Housing and Urban Development: Provided fur-
ther, That any funds made available under this heading 
used by the Secretary for technology shall be transferred to 
and merged with the funding provided to ‘‘Working Capital 
Fund’’. 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For an additional amount for the ‘‘HOME Investment 
Partnerships Program’’ as authorized under title II of the 
Cranston-Gonzalez National Affordable Housing Act (the 
‘‘Act’’), $250,000,000, to remain available until September 
30, 2011: Provided, That except as specifically provided 
herein, funds provided under this heading shall be distrib-
uted pursuant to the formula authorized by section 217 of
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the Act: Provided further, That the Secretary may establish 
a minimum grant size: Provided further, That partici-
pating jurisdictions shall obligate 100 percent of the funds 
within 1 year of the date of enactment of this Act, shall 
expend at least 60 percent of funds within 2 years of the 
date on which funds become available to the participating 
jurisdiction for obligation and shall expend 100 percent of 
the funds within 3 years of such date: Provided further, 
That if a participating jurisdiction fails to comply with 
either the 1-year obligation requirement or the 2-year ex-
penditure requirement, the Secretary shall recapture all re-
maining funds awarded to the participating jurisdiction 
and reallocate such funds to participating jurisdictions that 
are in compliance with those requirements: Provided fur-
ther, That if a participating jurisdiction fails to comply 
with the 3-year expenditure requirement, the Secretary 
shall recapture the balance of the funds awarded to the par-
ticipating jurisdiction: Provided further, That in admin-
istering funds under this heading, the Secretary may waive 
any provision of any statute or regulation that the Sec-
retary administers in connection with the obligation by the 
Secretary or the use by the recipient of these funds except 
for requirements imposed by this heading and requirements 
related to fair housing, non-discrimination, labor standards 
and the environment, upon a finding that such waiver is
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required to facilitate the timely use of such funds and would 
not be inconsistent with the overall purpose of the statute 
or regulation: Provided further, That the Secretary may use 
funds provided under this heading to provide incentives to 
grantees to use funding for investments in energy efficiency 
and green building technology: Provided further, That such 
incentives may include allocation of up to 20 percent of 
funds made available under this heading other than pursu-
ant to the formula authorized by section 217 of the Act: 
Provided further, That, of the funds made available under 
this heading, up to 1 percent shall be available for staffing, 
training, technical assistance, technology, monitoring, re-
search and evaluation activities: Provided further, That 
any funds made available under this heading used by the 
Secretary for personnel expenses shall be transferred to and 
merged with funding provided to ‘‘Personnel Compensation 
and Benefits, Office of Community Planning and Develop-
ment’’: Provided further, That any funds made available 
under this heading used by the Secretary for training or 
other administrative expenses shall be transferred to and 
merged with funding provided to ‘‘Administration, Oper-
ations, and Management’’, for non-personnel expenses of the 
Department of Housing and Urban Development: Provided 
further, That any funds made available under this heading 
used by the Secretary for technology shall be transferred to
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and merged with the funding provided to ‘‘Working Capital 
Fund’’. 
For an additional amount for capital investments in 
low-income housing tax credit projects, $2,000,000,000, to 
remain available until September 30, 2011: Provided, That 
the funds shall be allocated to States under the HOME pro-
gram under this Heading shall be made available to State 
housing 
finance 
agencies 
in 
an 
amount 
totaling 
$2,000,000,000, subject to any changes made to a State allo-
cation for the benefit of a State by the Secretary of Housing 
and Urban Development for areas that have suffered from 
disproportionate job loss and foreclosure: Provided further, 
That the Secretary, in consultation with the States, shall 
determine the amount of funds each State shall have avail-
able under HOME: Provided further, That the State hous-
ing finance agencies (including for purposes throughout this 
heading any entity that is responsible for distributing low- 
income housing tax credits) or as appropriate as an entity 
as a gap financer, shall distribute these funds competitively 
under this heading to housing developers for projects eligible 
for funding (such terms including those who may have re-
ceived funding) under the low-income housing tax credit 
program as provided under section 42 of the I.R.C. of 1986, 
with a review of both the decisionmaking and process for 
the award by the Secretary of Housing and Urban Develop-
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ment: Provided further, That funds under this heading must 
be awarded by State housing finance agencies within 120 
days of enactment of the Act and obligated by the developer 
of the low-income housing tax credit project within one year 
of the date of enactment of this Act, shall expend 75 percent 
of the funds within two years of the date on which the funds 
become available, and shall expend 100 percent of the funds 
within 3 years of such date: Provided further, That failure 
by a developer to expend funds within the parameters re-
quired within the previous proviso shall result in a redis-
tribution of these funds by a State housing finance agency 
or by the Secretary if there is a more deserving project in 
another jurisdiction: Provided further, That projects award-
ed tax credits within 3 years prior to the date of enactment 
of this Act shall be eligible for funding under this heading: 
Provided further, That as part of the review, the Secretary 
shall ensure equitable distribution of funds and an appro-
priate balance in addressing the needs of urban and rural 
communities with a special priority on areas that have suf-
fered from excessive job loss and foreclosures: Provided fur-
ther, That State housing finance agencies shall give priority 
to projects that require an additional share of Federal funds 
in order to complete an overall funding package, and to 
projects that are expected to be completed within 3 years 
of enactment: Provided further, That any assistance pro-
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vided to an eligible low-income housing tax credit project 
under this heading shall be made in the same manner and 
be subject to the same limitations (including rent, income, 
and use restrictions) as an allocation of the housing credit 
amount allocated by the State housing finance agency 
under section 42 of the I.R.C. of 1986, except that such as-
sistance shall not be limited by, or otherwise affect (except 
as provided in subsection (h)(3)(J) of such section), the 
State housing finance agency applicable to such agency: 
Provided further, That the State housing finance agency 
shall perform asset management functions to ensure compli-
ance with section 42 of the I.R.C. of 1986, and the long 
term viability of buildings funded by assistance under this 
heading: Provided further, That the term basis (as such 
term is defined in such section 42) of a qualified low-income 
housing tax credit building receiving assistance under this 
heading shall not be reduced by the amount of any grant 
described under this heading: Provided further, That the 
Secretary shall collect all information related to the award 
of Federal funds from state housing finance agencies and 
establish an internet site that shall identify all projects se-
lected for an award, including the amount of the award 
as well as the process and all information that was used 
to make the award decision.
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HOMELESSNESS PREVENTION FUND 
For homelessness prevention activities, $1,500,000,000, 
to remain available until September 30, 2011: Provided, 
That funds provided under this heading shall be used for 
the provision of short-term or medium-term rental assist-
ance; housing relocation and stabilization services includ-
ing housing search, mediation or outreach to property own-
ers, credit repair, security or utility deposits, utility pay-
ments, rental assistance for a final month at a location, 
and moving cost assistance; or other appropriate homeless-
ness prevention activities: Provided further, That grantees 
receiving such assistance shall collect data on the use of the 
funds awarded and persons served with this assistance in 
the Homeless Management Information System (HMIS) or 
other comparable database: Provided further, That grantees 
may use up to 5 percent of any grant for administrative 
costs: Provided further, That funding made available under 
this heading shall be allocated to eligible grantees (as de-
fined and designated in sections 411 and 412 of subtitle 
B of title IV of the McKinney-Vento Homeless Assistance 
Act, (the ‘‘Act’’)) pursuant to the formula authorized by sec-
tion 413 of the Act: Provided further, That the Secretary 
may establish a minimum grant size: Provided further, 
That grantees shall expend at least 75 percent of funds with-
in 2 years of the date that funds became available to them
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for obligation, and 100 percent of funds within 3 years of 
such date, and the Secretary may recapture unexpended 
funds in violation of the 2-year expenditure requirement 
and reallocate such funds to grantees in compliance with 
that requirement: Provided further, That the Secretary may 
waive statutory or regulatory provisions (except provisions 
for fair housing, nondiscrimination, labor standards, and 
the environment) necessary to facilitate the timely expendi-
ture of funds: Provided further, That the Secretary shall 
publish a notice to establish such requirements as may be 
necessary to carry out the provisions of this section within 
30 days of enactment of the Act and that this notice shall 
take effect upon issuance: Provided further, That of the 
funds provided under this heading, up to 1.5 percent shall 
be available for staffing, training, technical assistance, tech-
nology, monitoring, research and evaluation activities: Pro-
vided further, That any funds made available under this 
heading used by the Secretary for personnel expense shall 
be transferred to and merged with funding provided to 
‘‘Community Planning and Development Personnel Com-
pensation and Benefits’’: Provided further, That any funds 
made available under this heading used by the Secretary 
for training or other administrative expenses shall be trans-
ferred to and merged with funding provided to ‘‘Adminis-
tration, Operations, and Management’’ for non-personnel
218 
HR 1 EAS 
expenses of the Department of Housing and Urban Develop-
ment: Provided further, That any funding made available 
under this heading used by the Secretary for technology 
shall be transferred to and merged with the funding pro-
vided to ‘‘Working Capital Fund.’’ 
ASSISTED HOUSING STABILITY AND ENERGY AND GREEN 
RETROFIT INVESTMENTS 
For assistance to owners of properties receiving 
project-based assistance pursuant to section 202 of the 
Housing Act of 1959 (12 U.S.C. 17012), section 811 of the 
Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013), or section 8 of the United States Housing 
Act of 1937 as amended (42 U.S.C. 1437f), $2,250,000,000, 
of which $2,132,000,000 shall be for an additional amount 
for paragraph (1) under the heading ‘‘Project-Based Rental 
Assistance’’ in Public Law 110–161 for payments to owners 
for 12-month periods, and of which $118,000,000 shall be 
for grants or loans for energy retrofit and green investments 
in such assisted housing: Provided, That projects funded 
with grants or loans provided under this heading must com-
ply with the requirements of subchapter IV of chapter 31 
of title 40, United States Code: Provided further, That such 
grants or loans shall be provided through the existing poli-
cies, procedures, contracts, and transactional infrastructure 
of the authorized programs administered by the Office of
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HR 1 EAS 
Affordable Housing Preservation of the Department of 
Housing and Urban Development, on such terms and condi-
tions as the Secretary of Housing and Urban Development 
deems appropriate to ensure the maintenance and preserva-
tion of the property, the continued operation and mainte-
nance of energy efficiency technologies, and the timely ex-
penditure of funds: Provided further, That the Secretary 
may provide incentives to owners to undertake energy or 
green retrofits as a part of such grant or loan terms, includ-
ing, but not limited to, investment fees to cover oversight 
and implementation costs incurred by said owner, or to en-
courage job creation for low-income or very low-income in-
dividuals: Provided further, That the grants or loans shall 
include a financial assessment and physical inspection of 
such property: Provided further, That eligible owners must 
have at least a satisfactory management review rating, be 
in substantial compliance with applicable performance 
standards and legal requirements, and commit to an addi-
tional period of affordability determined by the Secretary, 
but of not fewer than 15 years: Provided further, That the 
Secretary shall undertake appropriate underwriting and 
oversight with respect to grant and loan transactions and 
may set aside up to 5 percent of the funds made available 
under this heading for grants or loans for such purpose: 
Provided further, That the Secretary shall take steps nec-
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HR 1 EAS 
essary to ensure that owners receiving funding for energy 
and green retrofit investments under this heading shall ex-
pend such funding within 2 years of the date they received 
the funding: Provided further, That the Secretary may 
waive or modify statutory or regulatory requirements with 
respect to any existing grant, loan, or insurance mechanism 
authorized to be used by the Secretary to enable or facilitate 
the accomplishment of investments supported with funds 
made available under this heading for grants or loans: Pro-
vided further, That of the funds provided under this head-
ing, up to 1.5 percent shall be available for staffing, train-
ing, technical assistance, technology, monitoring, research 
and evaluation activities: Provided further, That funding 
made available under this heading and used by the Sec-
retary for personnel expenses shall be transferred to and 
merged with funding provided to ‘‘Housing Compensation 
and Benefits’’: Provided further, That any funding made 
available under this heading used by the Secretary for 
training and other administrative expenses shall be trans-
ferred to and merged with funding provided to ‘‘Adminis-
tration, Operations and Management’’ for non-personnel 
expenses of the Department of Housing and Urban Develop-
ment: Provided further, That any funding made available 
under this heading used by the Secretary for technology
221 
HR 1 EAS 
shall be transferred to and merged with funding provided 
to ‘‘Working Capital Fund.’’ 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
For an additional amount for the ‘‘Lead Hazard Re-
duction’’, as authorized by section 1011 of the Residential 
Lead-Based Paint Hazard Reduction Act of 1992, 
$100,000,000, to remain available until September 30, 
2011: Provided, That funds shall be awarded first to appli-
cant jurisdictions which had applied under the Lead-Based 
Paint Hazard Control Grant Program Notice of Funding 
Availability for fiscal year 2008, and were found in the 
application review to be qualified for award, but were not 
awarded because of funding limitations, and that any funds 
which remain after reservation of funds for such grants 
shall be added to the amount of funds to be awarded under 
the Lead-Based Paint Hazard Control Grant Program No-
tice of Funding Availability for fiscal year 2009: Provided 
further, That each applicant jurisdiction for the Lead- 
Based Paint Hazard control Grant Program Notice of 
Funding Availability for fiscal year 2009 shall submit a 
detailed plan and strategy that demonstrates adequate ca-
pacity that is acceptable to the Secretary to carry out the 
proposed use of funds: Provided further, That recipients of 
funds under this heading shall obligate 100 percent of such
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HR 1 EAS 
funds within 1 year of the date of enactment of this Act, 
expend at least 75 percent of such funds within 2 years 
of the date on which funds become available to such jurisdic-
tions for obligation, and expend 100 percent of such funds 
within 3 years of such date: Provided further, That if a 
recipient fails to comply with either the 1-year obligation 
requirement or the 2-year expenditure requirement, the Sec-
retary shall recapture all remaining funds awarded to the 
recipient and reallocate such funds to recipients that are 
in compliance with those requirements: Provided further, 
That if a recipient fails to comply with the 3-year expendi-
ture requirement, the Secretary shall recapture the balance 
of the funds awarded to the recipient: Provided further, 
That in administering funds provided in this heading, the 
Secretary may waive any provision of any statute or regu-
lation that the Secretary administers in connection with 
the obligation by the Secretary or the use by the recipient 
of these funds except for requirements imposed by this head-
ing and requirements related to fair housing, non-
discrimination, labor standards, and the environment, 
upon a finding that such waiver is required to facilitate 
the timely use of such funds and would not be inconsistent 
with the overall purpose of the statute or regulation: Pro-
vided further, That, of the funds made available under this 
heading, up to 1 percent shall be available for staffing,
223 
HR 1 EAS 
training, technical assistance, technology, monitoring, re-
search and evaluation activities: Provided further, That 
any funds made available under this heading used by the 
Secretary for personnel expenses shall be transferred to and 
merged with funding provided to ‘‘Personnel Compensation 
and Benefits, Office of Healthy Homes and Lead Hazard 
Control’’: Provided further, That any funds made available 
under this heading used by the Secretary for training or 
other administrative expenses shall be transferred to and 
merged with funding provided to ‘‘Administration, Oper-
ations, and Management’’, for non-personnel expenses of the 
Department of Housing and Urban Development: Provided 
further, That any funds made available under this heading 
used by the Secretary for technology shall be transferred to 
and merged with the funding provided to ‘‘Working Capital 
Fund’’. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for the necessary salaries 
and expenses of the Office of Inspector General in carrying 
out the Inspector General Act of 1978, as amended, 
$2,750,000, to remain available until September 30, 2011, 
and an additional $12,250,000 for such purposes, to remain 
available until September 30, 2012: Provided, That the In-
spector General shall have independent authority over all 
personnel issues within this office.
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TITLE XIII—HEALTH 
INFORMATION TECHNOLOGY 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Health Information 
Technology for Economic and Clinical Health Act’’ or the 
‘‘HITECH Act’’. 
Subtitle A—Promotion of Health 
Information Technology 
PART I—IMPROVING HEALTH CARE QUALITY, 
SAFETY, AND EFFICIENCY 
SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND 
ADOPTION. 
The Public Health Service Act (42 U.S.C. 201 et seq.) 
is amended by adding at the end the following: 
‘‘TITLE XXX—HEALTH INFORMA-
TION 
TECHNOLOGY 
AND 
QUALITY 
‘‘SEC. 3000. DEFINITIONS. 
‘‘In this title: 
‘‘(1) CERTIFIED EHR TECHNOLOGY.—The term 
‘certified EHR technology’ means a qualified elec-
tronic health record and that is certified pursuant to 
section 3001(c)(5) as meeting standards adopted 
under section 3004 that are applicable to the type of 
record involved (as determined by the Secretary, such
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HR 1 EAS 
as an ambulatory electronic health record for office- 
based physicians or an inpatient hospital electronic 
health record for hospitals). 
‘‘(2) ENTERPRISE INTEGRATION.—The term ‘en-
terprise integration’ means the electronic linkage of 
health care providers, health plans, the government, 
and other interested parties, to enable the electronic 
exchange and use of health information among all the 
components in the health care infrastructure in ac-
cordance with applicable law, and such term includes 
related application protocols and other related stand-
ards. 
‘‘(3) 
HEALTH
CARE
PROVIDER.—The 
term 
‘health care provider’ means a hospital, skilled nurs-
ing facility, nursing facility, home health entity, or 
other long-term care facility, health care clinic, com-
munity mental health center (as defined in section 
1913(b)), renal dialysis facility, blood center, ambula-
tory surgical center described in section 1833(i) of the 
Social Security Act, emergency medical services pro-
vider, Federally qualified health center, group prac-
tice (as defined in section 1877(h)(4) of the Social Se-
curity Act), a pharmacist, a pharmacy, a laboratory, 
a physician (as defined in section 1861(r) of the So-
cial Security Act), a practitioner (as described in sec-
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HR 1 EAS 
‘‘(7) HIT POLICY COMMITTEE.—The term ‘HIT 
Policy Committee’ means such Committee established 
under section 3002(a). 
‘‘(8) HIT
STANDARDS
COMMITTEE.—The term 
‘HIT Standards Committee’ means such Committee 
established under section 3003(a). 
‘‘(9) INDIVIDUALLY IDENTIFIABLE HEALTH IN-
FORMATION.—The term ‘individually identifiable 
health information’ has the meaning given such term 
in section 1171(6) of the Social Security Act. 
‘‘(10) LABORATORY.—The term ‘laboratory’ has 
the meaning given such term in section 353(a). 
‘‘(11) NATIONAL COORDINATOR.—The term ‘Na-
tional Coordinator’ means the head of the Office of the 
National Coordinator for Health Information Tech-
nology established under section 3001(a). 
‘‘(12) PHARMACIST.—The term ‘pharmacist’ has 
the meaning given such term in section 804(2) of the 
Federal Food, Drug, and Cosmetic Act. 
‘‘(13) 
QUALIFIED
ELECTRONIC
HEALTH 
RECORD.—The 
term 
‘qualified 
electronic 
health 
record’ means an electronic record of health-related 
information on an individual that—
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HR 1 EAS 
‘‘(A) includes patient demographic and 
clinical health information, such as medical his-
tory and problem lists; and 
‘‘(B) has the capacity— 
‘‘(i) to provide clinical decision sup-
port; 
‘‘(ii) to support physician order entry; 
‘‘(iii) to capture and query informa-
tion relevant to health care quality; and 
‘‘(iv) to exchange electronic health in-
formation with, and integrate such infor-
mation from other sources. 
‘‘(14) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, 
and the Northern Mariana Islands. 
‘‘Subtitle A—Promotion of Health 
Information Technology 
‘‘SEC. 3001. OFFICE OF THE NATIONAL COORDINATOR FOR 
HEALTH INFORMATION TECHNOLOGY. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department of Health and Human Services an Office 
of the National Coordinator for Health Information Tech-
nology (referred to in this section as the ‘Office’). The Office 
shall be headed by a National Coordinator who shall be ap-
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pointed by the Secretary and shall report directly to the 
Secretary. 
‘‘(b) PURPOSE.—The National Coordinator shall per-
form the duties under subsection (c) in a manner consistent 
with the development of a nationwide health information 
technology infrastructure that allows for the electronic use 
and exchange of information and that— 
‘‘(1) ensures that each patient’s health informa-
tion is secure and protected, in accordance with ap-
plicable law; 
‘‘(2) improves health care quality, reduces med-
ical errors, and advances the delivery of patient-cen-
tered medical care; 
‘‘(3) reduces health care costs resulting from inef-
ficiency, medical errors, inappropriate care, duplica-
tive care, and incomplete information; 
‘‘(4) provides appropriate information to help 
guide medical decisions at the time and place of care; 
‘‘(5) ensures the inclusion of meaningful public 
input in such development of such infrastructure; 
‘‘(6) improves the coordination of care and infor-
mation among hospitals, laboratories, physician of-
fices, and other entities through an effective infra-
structure for the secure and authorized exchange of 
health care information;
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‘‘(7) improves public health activities and facili-
tates the early identification and rapid response to 
public health threats and emergencies, including bio-
terror events and infectious disease outbreaks; 
‘‘(8) facilitates health and clinical research and 
health care quality; 
‘‘(9) promotes early detection, prevention, and 
management of chronic diseases; 
‘‘(10) promotes a more effective marketplace, 
greater competition, greater systems analysis, in-
creased consumer choice, and improved outcomes in 
health care services; and 
‘‘(11) improves efforts to reduce health dispari-
ties. 
‘‘(c) DUTIES OF THE NATIONAL COORDINATOR.— 
‘‘(1) STANDARDS.—The National Coordinator 
shall— 
‘‘(A) review and determine whether to en-
dorse each standard, implementation specifica-
tion, and certification criterion for the electronic 
exchange and use of health information that is 
recommended by the HIT Standards Committee 
under section 3003 for purposes of adoption 
under section 3004;
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‘‘(B) make such determinations under sub-
paragraph (A), and report to the Secretary such 
determinations, not later than 45 days after the 
date the recommendation is received by the Coor-
dinator; 
‘‘(C) review Federal health information 
technology investments to ensure that Federal 
health information technology programs are 
meeting the objectives of the strategic plan pub-
lished under paragraph (3); and 
‘‘(D) provide comments and advice regard-
ing specific Federal health information tech-
nology programs, at the request of the Office of 
Management and Budget. 
‘‘(2) HIT POLICY COORDINATION.— 
‘‘(A) IN GENERAL.—The National Coordi-
nator shall coordinate health information tech-
nology policy and programs of the Department 
with those of other relevant executive branch 
agencies with a goal of avoiding duplication of 
efforts and of helping to ensure that each agency 
undertakes health information technology activi-
ties primarily within the areas of its greatest ex-
pertise and technical capability and in a man-
ner towards a coordinated national goal.
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‘‘(B) HIT POLICY AND STANDARDS COMMIT-
TEES.—The National Coordinator shall be a 
leading member in the establishment and oper-
ations of the HIT Policy Committee and the 
HIT Standards Committee and shall serve as a 
liaison among those two Committees and the 
Federal Government. 
‘‘(3) STRATEGIC PLAN.— 
‘‘(A) IN GENERAL.—The National Coordi-
nator shall, in consultation with other appro-
priate Federal agencies (including the National 
Institute of Standards and Technology), update 
the Federal Health IT Strategic Plan (developed 
as of June 3, 2008) to include specific objectives, 
milestones, and metrics with respect to the fol-
lowing: 
‘‘(i) The electronic exchange and use of 
health information and the enterprise inte-
gration of such information. 
‘‘(ii) The utilization of an electronic 
health record for each person in the United 
States by 2014. 
‘‘(iii) The incorporation of privacy 
and security protections for the electronic
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and improving the continuity of care 
among health care settings. 
‘‘(viii) Specific plans for ensuring that 
populations with unique needs, such as chil-
dren, are appropriately addressed in the 
technology design, as appropriate, which 
may include technology that automates en-
rollment and retention for eligible individ-
uals. 
‘‘(B) COLLABORATION.—The strategic plan 
shall be updated through collaboration of public 
and private entities. 
‘‘(C) MEASURABLE OUTCOME GOALS.—The 
strategic plan update shall include measurable 
outcome goals. 
‘‘(D) PUBLICATION.—The National Coordi-
nator shall republish the strategic plan, includ-
ing all updates. 
‘‘(4) WEBSITE.—The National Coordinator shall 
maintain and frequently update an Internet website 
on which there is posted information on the work, 
schedules, reports, recommendations, and other infor-
mation to ensure transparency in promotion of a na-
tionwide health information technology infrastruc-
ture.
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‘‘(5) HARMONIZATION.—The Secretary may rec-
ognize an entity or entities for the purpose of harmo-
nizing or updating standards and implementation 
specifications in order to achieve uniform and con-
sistent implementation of the standards and imple-
mentation specifications. 
‘‘(6) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The National Coordi-
nator, in consultation with the Director of the 
National Institute of Standards and Technology, 
shall recognize a program or programs for the 
voluntary certification of health information 
technology as being in compliance with applica-
ble certification criteria adopted under this sub-
title. Such program shall include, as appro-
priate, testing of the technology in accordance 
with section 14201(b) of the Health Information 
Technology for Economic and Clinical Health 
Act. 
‘‘(B) 
CERTIFICATION
CRITERIA
DE-
SCRIBED.—In this title, the term ‘certification 
criteria’ means, with respect to standards and 
implementation specifications for health infor-
mation technology, criteria to establish that the
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technology meets such standards and implemen-
tation specifications. 
‘‘(6) REPORTS AND PUBLICATIONS.— 
‘‘(A) REPORT ON ADDITIONAL FUNDING OR 
AUTHORITY NEEDED.—Not later than 12 months 
after the date of the enactment of this title, the 
National Coordinator shall submit to the appro-
priate committees of jurisdiction of the House of 
Representatives and the Senate a report on any 
additional funding or authority the Coordinator 
or the HIT Policy Committee or HIT Standards 
Committee requires to evaluate and develop 
standards, implementation specifications, and 
certification criteria, or to achieve full participa-
tion of stakeholders in the adoption of a nation-
wide health information technology infrastruc-
ture that allows for the electronic use and ex-
change of health information. 
‘‘(B) IMPLEMENTATION REPORT.—The Na-
tional Coordinator shall prepare a report that 
identifies lessons learned from major public and 
private health care systems in their implementa-
tion of health information technology, including 
information on whether the technologies and 
practices developed by such systems may be ap-
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plicable to and usable in whole or in part by 
other health care providers. 
‘‘(C) ASSESSMENT OF IMPACT OF HIT ON 
COMMUNITIES WITH HEALTH DISPARITIES AND 
UNINSURED, UNDERINSURED, AND
MEDICALLY 
UNDERSERVED
AREAS.—The National Coordi-
nator shall assess and publish the impact of 
health information technology in communities 
with health disparities and in areas with a high 
proportion of individuals who are uninsured, 
underinsured, and medically underserved indi-
viduals (including urban and rural areas) and 
identify practices to increase the adoption of 
such technology by health care providers in such 
communities, and the use of health information 
technology to reduce and better manage chronic 
diseases. 
‘‘(D) EVALUATION OF BENEFITS AND COSTS 
OF THE ELECTRONIC USE AND EXCHANGE OF 
HEALTH
INFORMATION.—The National Coordi-
nator shall evaluate and publish evidence on the 
benefits and costs of the electronic use and ex-
change of health information and assess to whom 
these benefits and costs accrue.
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HR 1 EAS 
(E) RESOURCE REQUIREMENTS.—The Na-
tional Coordinator shall estimate and publish re-
sources required annually to reach the goal of 
utilization of an electronic health record for each 
person in the United States by 2014, includ-
ing— 
(i) the required level of Federal fund-
ing; 
(ii) expectations for regional, State, 
and private investment; 
(iii) the expected contributions by vol-
unteers to activities for the utilization of 
such records; and 
(iv) the resources needed to establish or 
expand education programs in medical and 
health informatics and health information 
management to train health care and infor-
mation technology students and provide a 
health information technology workforce suf-
ficient to ensure the rapid and effective de-
ployment and utilization of health informa-
tion technologies. 
‘‘(7) ASSISTANCE.—The National Coordinator 
may provide financial assistance to consumer advo-
cacy groups and not-for-profit entities that work in
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the public interest for purposes of defraying the cost 
to such groups and entities to participate under, 
whether in whole or in part, the National Technology 
Transfer Act of 1995 (15 U.S.C. 272 note). 
‘‘(8) GOVERNANCE FOR NATIONWIDE HEALTH IN-
FORMATION
NETWORK.—The National Coordinator 
shall establish a governance mechanism for the na-
tionwide health information network. 
‘‘(d) DETAIL OF FEDERAL EMPLOYEES.— 
‘‘(1) IN GENERAL.—Upon the request of the Na-
tional Coordinator, the head of any Federal agency is 
authorized to detail, with or without reimbursement 
from the Office, any of the personnel of such agency 
to the Office to assist it in carrying out its duties 
under this section. 
‘‘(2) EFFECT OF DETAIL.—Any detail of per-
sonnel under paragraph (1) shall— 
‘‘(A) not interrupt or otherwise affect the 
civil service status or privileges of the Federal 
employee; and 
‘‘(B) be in addition to any other staff of the 
Department employed by the National Coordi-
nator. 
‘‘(3) ACCEPTANCE
OF
DETAILEES.—Notwith-
standing any other provision of law, the Office may
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accept detailed personnel from other Federal agencies 
without regard to whether the agency described under 
paragraph (1) is reimbursed. 
‘‘(e) CHIEF PRIVACY OFFICER OF THE OFFICE OF THE 
NATIONAL COORDINATOR.—Not later than 12 months after 
the date of the enactment of this title, the Secretary shall 
appoint a Chief Privacy Officer of the Office of the National 
Coordinator, whose duty it shall be to advise the National 
Coordinator on privacy, security, and data stewardship of 
electronic health information and to coordinate with other 
Federal agencies (and similar privacy officers in such agen-
cies), with State and regional efforts, and with foreign 
countries with regard to the privacy, security, and data 
stewardship of electronic individually identifiable health 
information. 
‘‘SEC. 3002. HIT POLICY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—There is established a HIT 
Policy Committee to make policy recommendations to the 
National Coordinator relating to the implementation of a 
nationwide health information technology infrastructure, 
including implementation of the strategic plan described in 
section 3001(c)(3). 
‘‘(b) DUTIES.— 
‘‘(1) RECOMMENDATIONS ON HEALTH INFORMA-
TION TECHNOLOGY INFRASTRUCTURE.—The HIT Pol-
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HR 1 EAS 
icy Committee shall recommend a policy framework 
for the development and adoption of a nationwide 
health information technology infrastructure that per-
mits the electronic exchange and use of health infor-
mation as is consistent with the strategic plan under 
section 3001(c)(3) and that includes the recommenda-
tions under paragraph (2). The Committee shall up-
date such recommendations and make new rec-
ommendations as appropriate. 
‘‘(2) SPECIFIC AREAS OF STANDARD DEVELOP-
MENT.— 
‘‘(A) IN GENERAL.—The HIT Policy Com-
mittee shall recommend the areas in which 
standards, implementation specifications, and 
certification criteria are needed for the electronic 
exchange and use of health information for pur-
poses of adoption under section 3004 and shall 
recommend an order of priority for the develop-
ment, harmonization, and recognition of such 
standards, specifications, and certification cri-
teria among the areas so recommended. Such 
standards and implementation specifications 
shall include named standards, architectures, 
and software schemes for the authentication and 
security of individually identifiable health infor-
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HR 1 EAS 
mation and other information as needed to en-
sure the reproducible development of common so-
lutions across disparate entities. 
‘‘(B) AREAS
REQUIRED
FOR
CONSIDER-
ATION.—For purposes of subparagraph (A), the 
HIT Policy Committee shall make recommenda-
tions for at least the following areas: 
‘‘(i) Technologies that protect the pri-
vacy of health information and promote se-
curity in a qualified electronic health 
record, including for the segmentation and 
protection from disclosure of specific and 
sensitive individually identifiable health in-
formation with the goal of minimizing the 
reluctance of patients to seek care (or dis-
close information about a condition) be-
cause of privacy concerns, in accordance 
with applicable law, and for the use and 
disclosure of limited data sets of such infor-
mation. 
‘‘(ii) A nationwide health information 
technology infrastructure that allows for the 
electronic use and accurate exchange of 
health information.
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HR 1 EAS 
‘‘(iii) The utilization of a certified elec-
tronic health record for each person in the 
United States by 2014. 
‘‘(iv) Technologies that as a part of a 
qualified electronic health record allow for 
an accounting of disclosures made by a cov-
ered entity (as defined for purposes of regu-
lations promulgated under section 264(c) of 
the Health Insurance Portability and Ac-
countability Act of 1996) for purposes of 
treatment, payment, and health care oper-
ations (as such terms are defined for pur-
poses of such regulations). 
‘‘(v) The use of certified electronic 
health records to improve the quality of 
health care, such as by promoting the co-
ordination of health care and improving 
continuity of health care among health care 
providers, by reducing medical errors, by 
improving 
population 
health, 
reducing 
chronic disease, and by advancing research 
and education. 
‘‘(vi) The use of electronic systems to 
ensure the comprehensive collection of pa-
tient demographic data, including, at a
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HR 1 EAS 
minimum, race, ethnicity, primary lan-
guage, and gender information. 
‘‘(vii) Technologies and design features 
that address the needs of children and other 
vulnerable populations. 
‘‘(C) OTHER AREAS FOR CONSIDERATION.— 
In making recommendations under subpara-
graph (A), the HIT Policy Committee may con-
sider the following additional areas: 
‘‘(i) The appropriate uses of a nation-
wide health information infrastructure, in-
cluding for purposes of— 
‘‘(I) the collection of quality data 
and public reporting; 
‘‘(II) biosurveillance and public 
health; 
‘‘(III) medical and clinical re-
search; and 
‘‘(IV) drug safety. 
‘‘(ii) Self-service technologies that fa-
cilitate the use and exchange of patient in-
formation and reduce wait times. 
‘‘(iii) Telemedicine technologies, in 
order to reduce travel requirements for pa-
tients in remote areas.
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HR 1 EAS 
‘‘(iv) Technologies that facilitate home 
health care and the monitoring of patients 
recuperating at home. 
‘‘(v) Technologies that help reduce med-
ical errors. 
‘‘(vi) Technologies that facilitate the 
continuity of care among health settings. 
‘‘(vii) Technologies that meet the needs 
of diverse populations. 
‘‘(viii) Methods to facilitate secure ac-
cess by an individual to such individual’s 
protected health information. 
‘‘(ix) Methods, guidelines, and safe-
guards to facilitate secure access to patient 
information by a family member, caregiver, 
or guardian acting on behalf of a patient 
due to age-related and other disability, cog-
nitive impairment, or dementia that pre-
vents a patient from accessing the patient’s 
individually identifiable health informa-
tion. 
‘‘(x) Any other technology that the HIT 
Policy Committee finds to be among the 
technologies with the greatest potential to
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HR 1 EAS 
‘‘(1) IN
GENERAL.—The National Coordinator 
shall provide leadership in the establishment and op-
erations of the HIT Policy Committee. 
‘‘(2) MEMBERSHIP.—The HIT Policy Committee 
shall be composed of members to be appointed as fol-
lows: 
‘‘(A) One member shall be appointed by the 
Secretary. 
‘‘(B) One member shall be appointed by the 
Secretary of Veterans Affairs who shall represent 
the Department of Veterans Affairs. 
‘‘(C) One member shall be appointed by the 
Secretary of Defense who shall represent the De-
partment of Defense. 
‘‘(D) One member shall be appointed by the 
Majority Leader of the Senate. 
‘‘(E) One member shall be appointed by the 
Minority Leader of the Senate. 
‘‘(F) One member shall be appointed by the 
Speaker of the House of Representatives. 
‘‘(G) One member shall be appointed by the 
Minority Leader of the House of Representatives. 
‘‘(H) Eleven members shall be appointed by 
the Comptroller General of the United States, of 
whom—
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HR 1 EAS 
‘‘(i) three members shall represent pa-
tients or consumers; 
‘‘(ii) one member shall represent health 
care providers; 
‘‘(iii) one member shall be from a labor 
organization representing health care work-
ers; 
‘‘(iv) one member shall have expertise 
in privacy and security; 
‘‘(v) one member shall have expertise 
in improving the health of vulnerable popu-
lations; 
‘‘(vi) one member shall represent health 
plans or other third party payers; 
‘‘(vii) one member shall represent in-
formation technology vendors; 
‘‘(viii) one member shall represent pur-
chasers or employers; and 
‘‘(ix) one member shall have expertise 
in health care quality measurement and re-
porting. 
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 
The HIT Policy Committee shall designate one mem-
ber to serve as the chairperson and one member to 
serve as the vice chairperson of the Policy Committee.
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HR 1 EAS 
‘‘(4) NATIONAL
COORDINATOR.—The National 
Coordinator shall serve as a member of the HIT Pol-
icy Committee and act as a liaison among the HIT 
Policy Committee, the HIT Standards Committee, 
and the Federal Government. 
‘‘(5) PARTICIPATION.—The members of the HIT 
Policy Committee appointed under paragraph (2) 
shall represent a balance among various sectors of the 
health care system so that no single sector unduly in-
fluences the recommendations of the Policy Com-
mittee. 
‘‘(6) TERMS.— 
‘‘(A) IN GENERAL.—The terms of the mem-
bers of the HIT Policy Committee shall be for 3 
years, except that the Comptroller General shall 
designate staggered terms for the members first 
appointed. 
‘‘(B) VACANCIES.—Any member appointed 
to fill a vacancy in the membership of the HIT 
Policy Committee that occurs prior to the expi-
ration of the term for which the member’s prede-
cessor was appointed shall be appointed only for 
the remainder of that term. A member may serve 
after the expiration of that member’s term until 
a successor has been appointed. A vacancy in the
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HR 1 EAS 
HIT Policy Committee shall be filled in the 
manner in which the original appointment was 
made. 
‘‘(7) OUTSIDE INVOLVEMENT.—The HIT Policy 
Committee shall ensure an adequate opportunity for 
the participation of outside advisors, including indi-
viduals with expertise in— 
‘‘(A) health information privacy and secu-
rity; 
‘‘(B) improving the health of vulnerable 
populations; 
‘‘(C) health care quality and patient safety, 
including individuals with expertise in the meas-
urement and use of health information tech-
nology to capture data to improve health care 
quality and patient safety; 
‘‘(D) long-term care and aging services; 
‘‘(E) medical and clinical research; and 
‘‘(F) data exchange and developing health 
information technology standards and new 
health information technology. 
‘‘(8) QUORUM.—Ten members of the HIT Policy 
Committee shall constitute a quorum for purposes of 
voting, but a lesser number of members may meet and 
hold hearings.
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HR 1 EAS 
‘‘(9) FAILURE OF INITIAL APPOINTMENT.—If, on 
the date that is 45 days after the date of enactment 
of this title, an official authorized under paragraph 
(2) to appoint one or more members of the HIT Pol-
icy Committee has not appointed the full number of 
members that such paragraph authorizes such official 
to appoint— 
‘‘(A) the number of members that such offi-
cial is authorized to appoint shall be reduced to 
the number that such official has appointed as of 
that date; and 
‘‘(B) the number prescribed in paragraph 
(8) as the quorum shall be reduced to the small-
est whole number that is greater than one-half of 
the total number of members who have been ap-
pointed as of that date. 
‘‘(10) CONSIDERATION.—The National Coordi-
nator shall ensure that the relevant recommendations 
and comments from the National Committee on Vital 
and Health Statistics are considered in the develop-
ment of policies. 
‘‘(d) APPLICATION OF FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.), other than section 14 of 
such Act, shall apply to the HIT Policy Committee.
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HR 1 EAS 
‘‘(e) PUBLICATION.—The Secretary shall provide for 
publication in the Federal Register and the posting on the 
Internet website of the Office of the National Coordinator 
for Health Information Technology of all policy rec-
ommendations made by the HIT Policy Committee under 
this section. 
‘‘SEC. 3003. HIT STANDARDS COMMITTEE. 
‘‘(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the HIT Standards Committee to 
recommend to the National Coordinator standards, imple-
mentation specifications, and certification criteria for the 
electronic exchange and use of health information for pur-
poses of adoption under section 3004, consistent with the 
implementation of the strategic plan described in section 
3001(c)(3) and beginning with the areas listed in section 
3002(b)(2)(B) in accordance with policies developed by the 
HIT Policy Committee. 
‘‘(b) DUTIES.— 
‘‘(1) STANDARD DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—The HIT Standards 
Committee shall recommend to the National Co-
ordinator standards, implementation specifica-
tions, and certification criteria described in sub-
section (a) that have been developed, harmonized, 
or recognized by the HIT Standards Committee.
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HR 1 EAS 
range of stakeholders to provide input on the develop-
ment, harmonization, and recognition of standards, 
implementation specifications, and certification cri-
teria necessary for the development and adoption of 
a nationwide health information technology infra-
structure that allows for the electronic use and ex-
change of health information. 
‘‘(3) SCHEDULE.—Not later than 90 days after 
the date of the enactment of this title, the HIT Stand-
ards Committee shall develop a schedule for the assess-
ment of policy recommendations developed by the 
HIT Policy Committee under section 3002. The HIT 
Standards Committee shall update such schedule an-
nually. The Secretary shall publish such schedule in 
the Federal Register. 
‘‘(4) PUBLIC INPUT.—The HIT Standards Com-
mittee shall conduct open public meetings and develop 
a process to allow for public comment on the schedule 
described in paragraph (3) and recommendations de-
scribed in this subsection. Under such process com-
ments shall be submitted in a timely manner after the 
date of publication of a recommendation under this 
subsection. 
‘‘(5) CONSIDERATION.—The National Coordi-
nator shall ensure that the relevant recommendations
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HR 1 EAS 
and comments from the National Committee on Vital 
and Health Statistics are considered in the develop-
ment of standards. 
‘‘(c) MEMBERSHIP AND OPERATIONS.— 
‘‘(1) IN
GENERAL.—The National Coordinator 
shall provide leadership in the establishment and op-
erations of the HIT Standards Committee. 
‘‘(2) MEMBERSHIP.—The membership of the HIT 
Standards Committee shall at least reflect providers, 
ancillary healthcare workers, consumers, purchasers, 
health plans, technology vendors, researchers, relevant 
Federal agencies, and individuals with technical ex-
pertise on health care quality, privacy and security, 
and on the electronic exchange and use of health in-
formation. 
‘‘(3) BROAD
PARTICIPATION.—There is broad 
participation in the HIT Standards Committee by a 
variety of public and private stakeholders, either 
through membership in the Committee or through an-
other means. 
‘‘(4) CHAIRPERSON; VICE
CHAIRPERSON.—The 
HIT Standards Committee may designate one mem-
ber to serve as the chairperson and one member to 
serve as the vice chairperson.
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HR 1 EAS 
‘‘(5) 
DEPARTMENT
MEMBERSHIP.—The 
Sec-
retary shall be a member of the HIT Standards Com-
mittee. The National Coordinator shall act as a liai-
son among the HIT Standards Committee, the HIT 
Policy Committee, and the Federal Government. 
‘‘(6) BALANCE AMONG SECTORS.—In developing 
the procedures for conducting the activities of the HIT 
Standards Committee, the HIT Standards Committee 
shall act to ensure a balance among various sectors of 
the health care system so that no single sector unduly 
influences the actions of the HIT Standards Com-
mittee. 
‘‘(7) ASSISTANCE.—For the purposes of carrying 
out this section, the Secretary may provide or ensure 
that financial assistance is provided by the HIT 
Standards Committee to defray in whole or in part 
any membership fees or dues charged by such Com-
mittee to those consumer advocacy groups and not for 
profit entities that work in the public interest as a 
part of their mission. 
‘‘(d) OPEN AND PUBLIC PROCESS.—In providing for 
the establishment of the HIT Standards Committee pursu-
ant to subsection (a), the Secretary shall ensure the fol-
lowing:
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HR 1 EAS 
‘‘(1) CONSENSUS APPROACH; OPEN PROCESS.— 
The HIT Standards Committee shall use a consensus 
approach and a fair and open process to support the 
development, harmonization, and recognition of 
standards described in subsection (a)(1). 
‘‘(2) PARTICIPATION
OF
OUTSIDE
ADVISERS.— 
The HIT Standards Committee shall ensure an ade-
quate opportunity for the participation of outside ad-
visors, including individuals with expertise in— 
‘‘(A) health information privacy; 
‘‘(B) health information security; 
‘‘(C) health care quality and patient safety, 
including individuals with expertise in utilizing 
health 
information 
technology 
to 
improve 
healthcare quality and patient safety; 
‘‘(D) long-term care and aging services; and 
‘‘(E) data exchange and developing health 
information technology standards and new 
health information technology. 
‘‘(3) OPEN MEETINGS.—Plenary and other regu-
larly scheduled formal meetings of the HIT Standards 
Committee (or established subgroups thereof) shall be 
open to the public. 
‘‘(4) PUBLICATION
OF
MEETING
NOTICES
AND 
MATERIALS PRIOR TO MEETINGS.—The HIT Stand-
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HR 1 EAS 
ards Committee shall develop and maintain an Inter-
net website on which it publishes, prior to each meet-
ing, a meeting notice, a meeting agenda, and meeting 
materials. 
‘‘(5) OPPORTUNITY FOR PUBLIC COMMENT.—The 
HIT Standards Committee shall develop a process 
that allows for public comment during the process by 
which the Entity develops, harmonizes, or recognizes 
standards and implementation specifications. 
‘‘(e) VOLUNTARY CONSENSUS STANDARD BODY.—The 
provisions of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) and the Office of Management and Budget circular 
119 shall apply to the HIT Standards Committee. 
‘‘(f) PUBLICATION.—The Secretary shall provide for 
publication in the Federal Register and the posting on the 
Internet website of the Office of the National Coordinator 
for Health Information Technology of all recommendations 
made by the HIT Standards Committee under this section. 
‘‘SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED REC-
OMMENDATIONS; ADOPTION OF INITIAL SET 
OF STANDARDS, IMPLEMENTATION SPECI-
FICATIONS, AND CERTIFICATION CRITERIA. 
‘‘(a) PROCESS FOR ADOPTION OF ENDORSED REC-
OMMENDATIONS.—
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‘‘(1) REVIEW OF ENDORSED STANDARDS, IMPLE-
MENTATION SPECIFICATIONS, AND CERTIFICATION CRI-
TERIA.—Not later than 90 days after the date of re-
ceipt of standards, implementation specifications, or 
certification criteria endorsed under section 3001(c), 
the Secretary, in consultation with representatives of 
other relevant Federal agencies, shall jointly review 
such standards, implementation specifications, or cer-
tification criteria and shall determine whether or not 
to propose adoption of such standards, implementa-
tion specifications, or certification criteria. 
‘‘(2) DETERMINATION TO ADOPT STANDARDS, IM-
PLEMENTATION SPECIFICATIONS, AND CERTIFICATION 
CRITERIA.—If the Secretary determines— 
‘‘(A) to propose adoption of any grouping of 
such standards, implementation specifications, 
or certification criteria, the Secretary shall, by 
regulation, determine whether or not to adopt 
such grouping of standards, implementation 
specifications, or certification criteria; or 
‘‘(B) not to propose adoption of any group-
ing of standards, implementation specifications, 
or certification criteria, the Secretary shall no-
tify the National Coordinator and the HIT 
Standards Committee in writing of such deter-
260 
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mination and the reasons for not proposing the 
adoption of such recommendation. 
‘‘(3) PUBLICATION.—The Secretary shall provide 
for publication in the Federal Register of all deter-
minations made by the Secretary under paragraph 
(1). 
‘‘(b) ADOPTION
OF STANDARDS, IMPLEMENTATION 
SPECIFICATIONS, AND CERTIFICATION CRITERIA.— 
‘‘(1) IN GENERAL.—Not later than December 31, 
2009, the Secretary shall, through the rulemaking 
process described in section 3003, adopt an initial set 
of standards, implementation specifications, and cer-
tification criteria for the areas required for consider-
ation under section 3002(b)(2)(B). 
‘‘(2) APPLICATION OF CURRENT STANDARDS, IM-
PLEMENTATION SPECIFICATIONS, AND CERTIFICATION 
CRITERIA.—The standards, implementation specifica-
tions, and certification criteria adopted before the 
date of the enactment of this title through the process 
existing through the Office of the National Coordi-
nator for Health Information Technology may be ap-
plied towards meeting the requirement of paragraph 
(1). 
‘‘(3) SUBSEQUENT
STANDARDS
ACTIVITY.—The 
Secretary shall adopt additional standards, imple-