134 
AMDT. NO. 570 
within the amount available in this paragraph for the 
Agency for Healthcare Research and Quality, not more 
than 1 percent shall be made available for additional full- 
time equivalents. 
In addition, $400,000,000 shall be available for com-
parative clinical effectiveness research to be allocated at 
the discretion of the Secretary of Health and Human 
Services (‘‘Secretary’’) and shall remain available through 
September 30, 2010: Provided, That the funding appro-
priated in this paragraph shall be used to accelerate the 
development and dissemination of research assessing the 
comparative clinical effectiveness of health care treat-
ments and strategies, including through efforts that: (1) 
conduct, support, or synthesize research that compares the 
clinical outcomes, effectiveness, and appropriateness of 
items, services, and procedures that are used to prevent, 
diagnose, or treat diseases, disorders, and other health 
conditions and (2) encourage the development and use of 
clinical registries, clinical data networks, and other forms 
of electronic health data that can be used to generate or 
obtain outcomes data: Provided further, That the Sec-
retary shall enter into a contract with the Institute of 
Medicine, for which no more than $1,500,000 shall be 
made available from funds provided in this paragraph, to 
produce and submit a report to the Congress and the Sec-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00134
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
135 
AMDT. NO. 570 
retary by not later than June 30, 2009 that includes rec-
ommendations on the national priorities for comparative 
clinical effectiveness research to be conducted or sup-
ported with the funds provided in this paragraph and that 
considers input from stakeholders: Provided further, That 
the Secretary shall consider any recommendations of the 
Federal Coordinating Council for Comparative Clinical Ef-
fectiveness Research established by section 802 of this Act 
and any recommendations included in the Institute of 
Medicine report pursuant to the preceding proviso in des-
ignating activities to receive funds provided in this para-
graph and may make grants and contracts with appro-
priate entities, which may include agencies within the De-
partment of Health and Human Services and other gov-
ernmental agencies, as well as private sector entities, that 
have demonstrated experience and capacity to achieve the 
goals of comparative clinical effectiveness research: Pro-
vided further, That the Secretary shall publish information 
on grants and contracts awarded with the funds provided 
under this heading within a reasonable time of the obliga-
tion of funds for such grants and contracts and shall dis-
seminate research findings from such grants and contracts 
to clinicians, patients, and the general public, as appro-
priate: Provided further, That, to the extent feasible, the 
Secretary shall ensure that the recipients of the funds pro-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00135
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
136 
AMDT. NO. 570 
vided by this paragraph offer an opportunity for public 
comment on the research: Provided further, That the Sec-
retary shall provide the Committees on Appropriations of 
the House of Representatives and the Senate, the Com-
mittee on Energy and Commerce and the Committee on 
Ways and Means of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions 
and the Committee on Finance of the Senate with an an-
nual report on the research conducted or supported 
through the funds provided under this heading. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
PAYMENTS TO STATES FOR THE CHILD CARE AND 
DEVELOPMENT BLOCK GRANT 
For an additional amount for ‘‘Payments to States 
for the Child Care and Development Block Grant’’ for car-
rying out the Child Care and Development Block Grant 
Act of 1990, $2,000,000,000, which shall remain available 
through September 30, 2010: Provided, That funds pro-
vided under this heading shall be used to supplement, not 
supplant State general revenue funds for child care assist-
ance for low-income families: Provided further, That, in 
addition to the amounts required to be reserved by the 
States under section 658G of such Act, $255,186,000 
shall be reserved by the States for activities authorized 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00136
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
137 
AMDT. NO. 570 
under section 658G, of which $93,587,000 shall be for ac-
tivities that improve the quality of infant and toddler care. 
SOCIAL SERVICES BLOCK GRANT 
For an additional amount for ‘‘Social Services Block 
Grant,’’ $400,000,000: Provided, That notwithstanding 
section 2003 of the Social Security Act, funds shall be al-
located to States on the basis of unemployment: Provided 
further, That these funds shall be obligated to States with-
in 60 calendar days from the date they become available 
for obligation. 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
For an additional amount for ‘‘Children and Families 
Services Programs’’ for carrying out activities under the 
Head Start Act, $500,000,000, which shall remain avail-
able 
through 
September 
30, 
2010. 
In 
addition, 
$550,000,000, which shall remain available through Sep-
tember 30, 2010, is hereby appropriated for expansion of 
Early Head Start programs, as described in section 645A 
of such Act: Provided, That of the funds provided in this 
sentence, up to 10 percent shall be available for the provi-
sion of training and technical assistance to such programs 
consistent with section 645A(g)(2) of such Act, and up 
to 3 percent shall be available for monitoring the operation 
of such programs consistent with section 641A of such 
Act. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00137
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
138 
AMDT. NO. 570 
For an additional amount for ‘‘Children and Families 
Services Programs’’ for carrying out activities under sec-
tions 674 through 679 of the Community Services Block 
Grant Act, $200,000,000, which shall remain available 
through September 30, 2010: Provided, That of the funds 
provided under this paragraph, no part shall be subject 
to paragraph (3) of section 674(b) of such Act: Provided 
further, That not less than 5 percent of the funds allotted 
to a State from the appropriation under this paragraph 
shall be used under section 675C(b)(1) for benefits enroll-
ment coordination activities relating to the identification 
and enrollment of eligible individuals and families in Fed-
eral, State and local benefit programs. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For an additional amount for ‘‘Aging Services Pro-
grams,’’ $100,000,000, of which $67,000,000 shall be for 
Congregate Nutrition Services and $33,000,000 shall be 
for Home-Delivered Nutrition Services: Provided, That 
these funds shall remain available through September 30, 
2010. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00138
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
139 
AMDT. NO. 570 
OFFICE OF THE SECRETARY 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the National 
Coordinator 
for 
Health 
Information 
Technology’’, 
$3,000,000,000, to carry out title XIII of this Act which 
shall be available until expended: Provided, That of this 
amount, the Secretary of Health and Human Services 
shall transfer $20,000,000 to the Director of the National 
Institute of Standards and Technology in the Department 
of Commerce for continued work on advancing health care 
information enterprise integration through activities such 
as technical standards analysis and establishment of con-
formance testing infrastructure so long as such activities 
are coordinated with the Office of the National Coordi-
nator for Health Information Technology: Provided fur-
ther, That funds available under this heading shall become 
available for obligation only upon submission of an annual 
operating plan by the Secretary to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: Provided further, That the Secretary shall provide to 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report on the actual obliga-
tions, expenditures, and unobligated balances for each 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00139
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
140 
AMDT. NO. 570 
major set of activities not later than November 1, 2009 
and every 6 months thereafter as long as funding under 
this heading is available for obligation or expenditure. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the Office of the In-
spector General, $4,000,000 which shall remain available 
until September 30, 2012, and an additional $15,000,000 
for such purposes, to remain available until September 30, 
2012. 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For an additional amount for carrying out title I of 
the Elementary and Secondary Education Act of 1965, 
$12,400,000,000, which shall be available through Sep-
tember 30, 2010: Provided, That $5,500,000,000 shall be 
for targeted grants under section 1125, $5,500,000,000 
shall be for education finance incentive grants under sec-
tion 1125A, and $1,400,000,000 shall be for school im-
provement grants under section 1003(g): Provided further, 
That each local educational agency receiving funds avail-
able under this paragraph for sections 1125 and 1125A 
shall use not less than 15 percent of such funds for activi-
ties serving children who are eligible pursuant to section 
1115(b)(1)(A)(ii) and programs in section 1112(b)(1)(K): 
Provided further, That each local educational agency re-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00140
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
141 
AMDT. NO. 570 
ceiving funds available under this paragraph shall be re-
quired to file with the State educational agency, no later 
than December 1, 2009, a school-by-school listing of per- 
pupil educational expenditures from State and local 
sources during the 2008–2009 academic year. 
SCHOOL IMPROVEMENT PROGRAMS 
For an additional amount for ‘‘School Improvement 
Programs,’’ $1,070,000,000, which shall be available 
through September 30, 2010, for carrying out activities 
authorized by part D of title II of the Elementary and 
Secondary Education Act of 1965, and subtitle B of title 
VII of the McKinney-Vento Homeless Assistance Act 
(‘‘McKinney-Vento’’): Provided, That the Secretary shall 
allot $70,000,000 for grants under McKinney-Vento to 
each State in proportion to the number of homeless stu-
dents identified by the State during the 2007–2008 school 
year relative to the number of such children identified na-
tionally during that school year: Provided further, That 
State educational agencies shall subgrant the McKinney- 
Vento funds to local educational agencies on a competitive 
basis or according to a formula based on the number of 
homeless students identified by the local educational agen-
cies in the State: Provided further, That the Secretary 
shall distribute the McKinney-Vento funds to the States 
not later than 60 days after the date of the enactment 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00141
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
142 
AMDT. NO. 570 
of this Act: Provided further, That each State shall 
subgrant the McKinney-Vento funds to local educational 
agencies not later than 120 days after receiving its grant 
from the Secretary. 
SPECIAL EDUCATION 
For an additional amount for ‘‘Special Education’’ 
for carrying out parts B and C of the Individuals with 
Disabilities Education Act (‘‘IDEA’’), $13,500,000,000, 
which shall remain available through September 30, 2010: 
Provided, That if every State, as defined by section 
602(31) of the IDEA, reaches its maximum allocation 
under section 611(d)(3)(B)(iii) of the IDEA, and there 
are remaining funds, such funds shall be proportionally 
allocated to each State subject to the maximum amounts 
contained in section 611(a)(2) of the IDEA: Provided fur-
ther, That by July 1, 2009, the Secretary of Education 
shall reserve the amount needed for grants under section 
643(e) of the IDEA, with any remaining funds to be allo-
cated in accordance with section 643(c) of the IDEA: Pro-
vided further, That the amount for section 611(b)(2) of 
the IDEA shall be equal to the lesser of the amount avail-
able for that activity during fiscal year 2008, increased 
by the amount of inflation as specified in section 
619(d)(2)(B), or the percentage increase in the funds ap-
propriated under section 611(i): Provided further, That 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00142
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
143 
AMDT. NO. 570 
each local educational agency receiving funds available 
under this paragraph for part B shall use not less than 
15 percent for special education and related services to 
children described in section 619(a) of the IDEA. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For an additional amount for ‘‘Rehabilitation Serv-
ices and Disability Research’’ for providing grants to 
States to carry out the Vocational Rehabilitation Services 
program under part B of title I and parts B and C of 
chapter 1 and chapter 2 of title VII of the Rehabilitation 
Act of 1973, $610,000,000, which shall remain available 
through 
September 
30, 
2010: 
Provided, 
That 
$500,000,000 shall be available for part B of title I of 
the Rehabilitation Act: Provided further, That funds pro-
vided herein shall not be considered in determining the 
amount required to be appropriated under section 
100(b)(1) of the Rehabilitation Act of 1973 in any fiscal 
year: Provided further, That, notwithstanding section 
7(14)(A), the Federal share of the costs of vocational re-
habilitation services provided with the funds provided 
herein shall be 100 percent. 
STUDENT FINANCIAL ASSISTANCE 
For an additional amount for ‘‘Student Financial As-
sistance’’ to carry out subpart 1 of part A of title IV of 
the Higher Education Act of 1965, $13,869,000,000: Pro-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00143
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
144 
AMDT. NO. 570 
vided, That such funds shall be used to increase the max-
imum Pell Grant by $281 for award year 2009–2010, to 
increase the maximum Pell Grant by $400 for the award 
year 2010–2011, and to reduce or eliminate the Pell Grant 
shortfall: Provided further, That these funds shall remain 
available through September 30, 2011. 
For an additional amount for ‘‘Student Financial As-
sistance’’ to carry out part E of title IV of the Higher 
Education Act of 1965, $61,000,000: Provided, That 
these funds shall remain available through September 30, 
2010. 
HIGHER EDUCATION 
For an additional amount for ‘‘Higher Education’’ 
for carrying out activities under part A of title II of the 
Higher Education Act of 1965, $50,000,000: Provided, 
That these funds shall remain available through Sep-
tember 30, 2010. 
DEPARTMENTAL MANAGEMENT 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $4,000,000, which shall remain avail-
able through September 30, 2012, for salaries and ex-
penses necessary for oversight and audit of programs, 
grants, and projects funded in this Act and administered 
by the Department of Education and an additional 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00144
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
145 
AMDT. NO. 570 
$10,000,000 for such purposes, to remain available until 
September 30, 2012. 
RELATED AGENCIES 
CORPORATION FOR NATIONAL AND 
COMMUNITY SERVICE 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Operating Expenses’’ 
to carry out the Domestic Volunteer Service Act of 1973 
(‘‘1973 Act’’) and the National and Community Service 
Act of 1990 (‘‘1990 Act’’), $160,000,000, to remain avail-
able through September 30, 2010: Provided, That funds 
made available in this paragraph may be used to provide 
adjustments to awards under subtitle C of title I of the 
1990 Act made prior to September 30, 2010 for which 
the Chief Executive Officer of the Corporation for Na-
tional and Community Service (‘‘CEO’’) determines that 
a waiver of the Federal share limitation is warranted 
under section 2521.70 of title 45 of the Code of Federal 
Regulations: Provided further, That of the amount made 
available in this paragraph, not less than $6,000,000 shall 
be transferred to ‘‘Salaries and Expenses’’ for necessary 
expenses relating to information technology upgrades: 
Provided further, That of the amount provided in this 
paragraph, $10,000,000 shall be available for additional 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00145
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
146 
AMDT. NO. 570 
members in the Civilian Community Corps authorized 
under subtitle E of title I of the 1990 Act: Provided fur-
ther, That of the amount provided in this paragraph, 
$1,000,000 shall be made available for a one-time supple-
ment grant to State commissions on national and commu-
nity service under section 126(a) of the 1990 Act without 
regard to the limitation on Federal share under section 
126(a)(2) of the 1990 Act: Provided further, That of the 
amount made available in this paragraph, not less than 
$13,000,000 shall be for research activities authorized 
under subtitle H of title I of the 1990 Act: Provided fur-
ther, That of the amount made available in this paragraph, 
not less than $65,000,000 shall be for programs under 
title I, part A of the 1973 Act: Provided further, That 
funds provided in the previous proviso shall not be made 
available in connection with cost-share agreements author-
ized under section 192A(g)(10) of the 1990 Act: Provided 
further, That of the funds available under this heading, 
up to 20 percent of funds allocated to grants authorized 
under section 124(b) of title I, subtitle C of the 1990 Act 
may be used to administer, reimburse, or support any na-
tional service program under section 129(d)(2) of the 
1990 Act: Provided further, That, except as provided here-
in and in addition to requirements identified herein, funds 
provided in this paragraph shall be subject to the terms 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00146
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
147 
AMDT. NO. 570 
and conditions under which funds were appropriated in 
fiscal year 2008: Provided further, That the CEO shall 
provide the Committees on Appropriations of the House 
of Representatives and the Senate a fiscal year 2009 oper-
ating plan for the funds appropriated in this paragraph 
prior to making any Federal obligations of such funds in 
fiscal year 2009, but not later than 90 days after the date 
of enactment of this Act, and a fiscal year 2010 operating 
plan for such funds prior to making any Federal obliga-
tions of such funds in fiscal year 2010, but not later than 
November 1, 2009, that detail the allocation of resources 
and the increased number of members supported by the 
AmeriCorps programs: Provided further, That the CEO 
shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate a report on the 
actual obligations, expenditures, and unobligated balances 
for each activity funded under this heading not later than 
November 1, 2009, and every 6 months thereafter as long 
as funding provided under this heading is available for ob-
ligation or expenditure. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the Office of the In-
spector General, $1,000,000, which shall remain available 
until September 30, 2011. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00147
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
148 
AMDT. NO. 570 
NATIONAL SERVICE TRUST 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘National Service 
Trust’’ established under subtitle D of title I of the Na-
tional and Community Service Act of 1990 (‘‘1990 Act’’), 
$40,000,000, which shall remain available until expended: 
Provided, That the Corporation for National and Commu-
nity Service may transfer additional funds from the 
amount provided within ‘‘Operating Expenses’’ for grants 
made under subtitle C of title I of the 1990 Act to this 
appropriation upon determination that such transfer is 
necessary to support the activities of national service par-
ticipants and after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the 
Senate: Provided further,the amount appropriated for or 
transferred to the National Service Trust may be invested 
under section 145(b) of the 1990 Act without regard to 
the requirement to apportion funds under 31 U.S.C. 
1513(b). 
SOCIAL SECURITY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Limitation on Admin-
istrative Expenses’’, $890,000,000 shall be available as 
follows: 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00148
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
149 
AMDT. NO. 570 
(1) $750,000,000 shall remain available until 
expended for necessary expenses of the replacement 
of the National Computer Center and the informa-
tion technology costs associated with such Center: 
Provided, That the Commissioner of Social Security 
shall notify the Committees on Appropriations of the 
House of Representatives and the Senate not later 
than 10 days prior to each public notice soliciting 
bids related to site selection and construction: Pro-
vided further, That unobligated balances of funds 
not needed for this purpose may be used as de-
scribed in subparagraph (2); and 
(2) $140,000,000 shall be available through 
September 30, 2010 for information technology ac-
quisitions and research, which may include research 
and activities to facilitate the adoption of electronic 
medical records in disability claims and the transfer 
of funds to ‘‘Supplemental Security Income’’ to 
carry out activities under section 1110 of the Social 
Security Act: Provided further, That not later than 
10 days prior to the obligation of such funds, the 
Commissioner shall provide to the Committees on 
Appropriations of the House of Representatives and 
the Senate an operating plan describing the planned 
uses of such funds. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00149
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
150 
AMDT. NO. 570 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of Inspector 
General’’, $3,000,000, which shall remain available 
through September 30, 2012, for salaries and expenses 
necessary for oversight and audit of programs, projects, 
and activities funded in this Act and administered by the 
Social Security Administration. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 801. REPORT ON THE IMPACT OF PAST AND 
FUTURE MINIMUM WAGE INCREASES. (a) IN GENERAL.— 
Section 8104 of the U.S. Troop Readiness, Veterans’ 
Care, Katrina Recovery, and Iraq Accountability Appro-
priations Act, 2007 (Public Law 110–28; 121 Stat. 189) 
is amended to read as follows: 
‘‘SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE 
MINIMUM WAGE INCREASES. 
‘‘(a) STUDY.—Beginning on the date that is 60 days 
after the date of enactment of this Act, and every year 
thereafter until the minimum wage in the respective terri-
tory is $7.25 per hour, the Government Accountability Of-
fice shall conduct a study to— 
‘‘(1) assess the impact of the minimum wage 
increases that occurred in American Samoa and the 
Commonwealth of the Northern Mariana Islands in 
2007 and 2008, as required under Public Law 110– 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00150
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
153 
AMDT. NO. 570 
reau of the Census (as the case may be) shall in the in-
terim annually report the best available data that can fea-
sibly be secured with respect to such territories. Such in-
terim reports shall describe the steps the Department or 
the respective Bureau will take to improve future data col-
lection in the territories to achieve comparability with the 
data collected in the United States. The Department of 
Labor, the Bureau of Economic Analysis, and the Bureau 
of the Census, together with the Department of the Inte-
rior, shall coordinate their efforts to achieve such improve-
ments.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of enactment of 
this Act. 
SEC. 802. FEDERAL COORDINATING COUNCIL FOR 
COMPARATIVE CLINICAL EFFECTIVENESS RESEARCH. (a) 
ESTABLISHMENT.—There is hereby established a Federal 
Coordinating Council for Comparative Clinical Effective-
ness Research (in this section referred to as the ‘‘Coun-
cil’’). 
(b) PURPOSE; DUTIES.—The Council shall— 
(1) assist the offices and agencies of the Fed-
eral Government, including the Departments of 
Health and Human Services, Veterans Affairs, and 
Defense, and other Federal departments or agencies, 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00153
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
154 
AMDT. NO. 570 
to coordinate the conduct or support of comparative 
clinical effectiveness and related health services re-
search; and 
(2) advise the President and Congress on— 
(A) strategies with respect to the infra-
structure needs of comparative clinical effective-
ness research within the Federal Government; 
(B) appropriate organizational expendi-
tures for comparative clinical effectiveness re-
search by relevant Federal departments and 
agencies; and 
(C) opportunities to assure optimum co-
ordination of comparative clinical effectiveness 
and related health services research conducted 
or supported by relevant Federal departments 
and agencies, with the goal of reducing duplica-
tive efforts and encouraging coordinated and 
complementary use of resources. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Council 
shall be composed of not more than 15 members, all 
of whom are senior Federal officers or employees 
with responsibility for health-related programs, ap-
pointed by the President, acting through the Sec-
retary of Health and Human Services (in this sec-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00154
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
155 
AMDT. NO. 570 
tion referred to as the ‘‘Secretary’’). Members shall 
first be appointed to the Council not later than 30 
days after the date of the enactment of this Act. 
(2) MEMBERS.— 
(A) IN
GENERAL.—The members of the 
Council shall include one senior officer or em-
ployee from each of the following agencies: 
(i) The Agency for Healthcare Re-
search and Quality. 
(ii) The Centers for Medicare and 
Medicaid Services. 
(iii) 
The 
National 
Institutes 
of 
Health. 
(iv) The Office of the National Coor-
dinator for Health Information Tech-
nology. 
(v) The Food and Drug Administra-
tion. 
(vi) The Veterans Health Administra-
tion within the Department of Veterans 
Affairs. 
(vii) The office within the Department 
of Defense responsible for management of 
the 
Department 
of 
Defense 
Military 
Health Care System. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00155
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
156 
AMDT. NO. 570 
(B) QUALIFICATIONS.—At least half of the 
members of the Council shall be physicians or 
other experts with clinical expertise. 
(3) CHAIRMAN; VICE
CHAIRMAN.—The Sec-
retary shall serve as Chairman of the Council and 
shall designate a member to serve as Vice Chairman. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than June 30, 
2009, the Council shall submit to the President and 
the Congress a report containing information de-
scribing Federal activities on comparative clinical ef-
fectiveness research and recommendations for addi-
tional investments in such research conducted or 
supported from funds made available for allotment 
by the Secretary for comparative clinical effective-
ness research in this Act. 
(2) ANNUAL REPORT.—The Council shall sub-
mit to the President and Congress an annual report 
regarding its activities and recommendations con-
cerning the infrastructure needs, appropriate organi-
zational expenditures and opportunities for better 
coordination of comparative clinical effectiveness re-
search by relevant Federal departments and agen-
cies. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00156
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
157 
AMDT. NO. 570 
(e) STAFFING; SUPPORT.—From funds made avail-
able for allotment by the Secretary for comparative clinical 
effectiveness research in this Act, the Secretary shall make 
available not more than 1 percent to the Council for staff 
and administrative support. 
(TRANSFER OF FUNDS) 
SEC. 803. (a) Not more than 1 percent of the funds 
made available to the Department of Labor in this title 
may be transferred by the Secretary of Labor to ‘‘Employ-
ment and Training Administration—Program Administra-
tion’’, ‘‘Employment Standards Administration—Salaries 
and Expenses’’, ‘‘Occupational Safety and Health Admin-
istration—Salaries and Expenses’’ and ‘‘Departmental 
Management—Salaries and Expenses’’ for expenses nec-
essary to administer and coordinate funds made available 
to the Department of Labor in this title; oversee and 
evaluate the use of such funds; and enforce applicable laws 
and regulations governing worker rights and protections 
associated with the funds made available in this Act. 
(b) Not later than 10 days prior to obligating any 
funds proposed to be transferred under subsection (a), the 
Secretary shall provide to the Committees on Appropria-
tions of the House of Representatives and the Senate an 
operating plan describing the planned uses of each amount 
proposed to be transferred. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00157
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
158 
AMDT. NO. 570 
(c) Funds transferred under this section may be 
available for obligation through September 30, 2010. 
SEC. 804. ELIGIBLE EMPLOYEES
IN
THE REC-
REATIONAL MARINE INDUSTRY. Section 2(3)(F) of the 
Longshore and Harbor Workers’ Compensation Act (33 
U.S.C. 902(3)(F)) is amended— 
(1) by striking ‘‘, repair or dismantle’’; and 
(2) by striking the semicolon and inserting ‘‘, or 
individuals employed to repair any recreational ves-
sel, or to dismantle any part of a recreational vessel 
in connection with the repair of such vessel;’’. 
TITLE IX—LEGISLATIVE BRANCH 
GOVERNMENT ACCOUNTABILITY OFFICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’ of the Government Accountability Office, 
$20,000,000, to remain available until September 30, 
2010. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 901. GOVERNMENT ACCOUNTABILITY OFFICE 
REVIEWS AND REPORTS. (a) REVIEWS AND REPORTS.— 
(1) IN GENERAL.—The Comptroller General 
shall conduct bimonthly reviews and prepare reports 
on such reviews on the use by selected State and lo-
calities of funds made available in this Act. Such re-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00158
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
159 
AMDT. NO. 570 
ports, along with any audits conducted by the Comp-
troller General of such funds, shall be posted on the 
Internet and linked to the website established under 
this Act by the Recovery Accountability and Trans-
parency Board. 
(2) REDACTIONS.—Any portion of a report or 
audit under this subsection may be redacted when 
made publicly available, if that portion would dis-
close information that is not subject to disclosure 
under section 552 of title 5, United States Code 
(commonly known as the Freedom of Information 
Act). 
(b) EXAMINATION OF RECORDS.—The Comptroller 
General may examine any records related to obligations 
of funds made available in this Act. 
SEC. 902. ACCESS
OF GOVERNMENT ACCOUNT-
ABILITY OFFICE. Each contract awarded using funds 
made available in this Act shall provide that the Comp-
troller General and his representatives are authorized— 
(1) to examine any records of the contractor or 
any of its subcontractors, or any State or local agen-
cy administering such contract, that directly pertain 
to, and involve transactions relating to, the contract 
or subcontract; and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00159
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
160 
AMDT. NO. 570 
(2) to interview any current employee regarding 
such transactions. 
TITLE X—MILITARY CONSTRUCTION AND 
VETERANS AFFAIRS, AND RELATED AGENCIES 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $637,875,000, to remain available until Sep-
tember 30, 2013, of which $84,100,000 shall be for child 
development centers; $481,000,000 shall be for warrior 
transition complexes; and $42,400,000 shall be for health 
and dental clinics (including acquisition, construction, in-
stallation, and equipment): Provided, That notwith-
standing any other provision of law, such funds may be 
obligated and expended to carry out planning and design 
and military construction projects in the United States not 
otherwise authorized by law: Provided further, That of the 
funds provided under this heading, not to exceed 
$30,375,000 shall be available for study, planning, design, 
and architect and engineer services: Provided further, That 
within 30 days of enactment of this Act the Secretary of 
the Army shall submit to the Committees on Appropria-
tions of both Houses of Congress an expenditure plan for 
funds provided under this heading prior to obligation. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00160
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
161 
AMDT. NO. 570 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, 
Navy and Marine Corps’’, $990,092,000, to remain avail-
able until September 30, 2013, of which $172,820,000 
shall be for child development centers; $174,304,000 shall 
be for barracks; $125,000,000 shall be for health clinic 
replacement, and $494,362,000 shall be for energy con-
servation and alternative energy projects (including acqui-
sition, construction, installation, and equipment): Pro-
vided, That notwithstanding any other provision of law, 
such funds may be obligated and expended to carry out 
planning and design and military construction projects in 
the United States not otherwise authorized by law: Pro-
vided further, That of the funds provided under this head-
ing, not to exceed $23,606,000 shall be available for study, 
planning, design, and architect and engineer services: Pro-
vided further, That within 30 days of enactment of this 
Act the Secretary of the Navy shall submit to the Commit-
tees on Appropriations of both Houses of Congress an ex-
penditure plan for funds provided under this heading prior 
to obligation. 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, 
Air Force’’, $871,332,000, to remain available until Sep-
tember 30, 2013, of which $80,100,000 shall be for child 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00161
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
162 
AMDT. NO. 570 
development centers; $612,246,000 shall be for dor-
mitories; and $138,100,000 shall be for health clinics (in-
cluding acquisition, construction, installation, and equip-
ment): Provided, That notwithstanding any other provi-
sion of law, such funds may be obligated and expended 
to carry out planning and design and military construction 
projects in the United States not otherwise authorized by 
law: Provided further, That of the funds provided under 
this heading, not to exceed $40,886,000 shall be available 
for study, planning, design, and architect and engineer 
services: Provided further, That within 30 days of enact-
ment of this Act the Secretary of the Air Force shall sub-
mit to the Committees on Appropriations of both Houses 
of Congress an expenditure plan for funds provided under 
this heading prior to obligation. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
For an additional amount for ‘‘Military Construction, 
Defense-Wide’’, $118,560,000 for the Energy Conserva-
tion Investment Program, to remain available until Sep-
tember 30, 2010: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and 
expended to carry out planning and design and military 
construction projects in the United States not otherwise 
authorized by law: Provided further, That within 30 days 
of enactment of this Act the Secretary of Defense shall 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00162
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
163 
AMDT. NO. 570 
submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds pro-
vided under this heading prior to obligation. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, 
Army National Guard’’, $150,000,000 for readiness cen-
ters (including construction, acquisition, expansion, reha-
bilitation, and conversion), to remain available until Sep-
tember 30, 2013: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and 
expended to carry out planning and design and military 
construction projects in the United States not otherwise 
authorized by law: Provided further, That within 30 days 
of enactment of this Act the Director of the Army Na-
tional Guard shall submit to the Committees on Appro-
priations of both Houses of Congress an expenditure plan 
for funds provided under this heading prior to obligation. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, 
Air National Guard’’, $110,000,000, to remain available 
until September 30, 2013: Provided, That notwithstanding 
any other provision of law, such funds may be obligated 
and expended to carry out planning and design and mili-
tary construction projects in the United States not other-
wise authorized by law: Provided further, That within 30 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00163
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
164 
AMDT. NO. 570 
days of enactment of this Act the Director of the Air Na-
tional Guard shall submit to the Committees on Appro-
priations of both Houses of Congress an expenditure plan 
for funds provided under this heading prior to obligation. 
FAMILY HOUSING CONSTRUCTION, ARMY 
For an additional amount for ‘‘Family Housing Con-
struction, Army’’, $34,570,000, to remain available until 
September 30, 2013: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and 
expended to carry out planning and design and military 
construction projects in the United States not otherwise 
authorized by law: Provided further, That within 30 days 
of enactment of this Act the Secretary of the Army shall 
submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds pro-
vided under this heading prior to obligation. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Army’’, $3,932,000: Provided, 
That notwithstanding any other provision of law, such 
funds may be obligated and expended for operation and 
maintenance and minor construction projects in the 
United States not otherwise authorized by law. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00164
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
165 
AMDT. NO. 570 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Family Housing Con-
struction, Air Force’’, $80,100,000, to remain available 
until September 30, 2013: Provided, That notwithstanding 
any other provision of law, such funds may be obligated 
and expended to carry out planning and design and mili-
tary construction projects in the United States not other-
wise authorized by law: Provided further, That within 30 
days of enactment of this Act the Secretary of the Air 
Force shall submit to the Committees on Appropriations 
of both Houses of Congress an expenditure plan for funds 
provided under this heading prior to obligation. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For an additional amount for ‘‘Family Housing Oper-
ation and Maintenance, Air Force’’, $16,461,000: Pro-
vided, That notwithstanding any other provision of law, 
such funds may be obligated and expended for operation 
and maintenance and minor construction projects in the 
United States not otherwise authorized by law. 
HOMEOWNERS ASSISTANCE FUND 
For an additional amount for ‘‘Homeowners Assist-
ance Fund’’, established by section 1013 of the Dem-
onstration Cities and Metropolitan Development Act of 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00165
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
166 
AMDT. NO. 570 
1966, as amended (42 U.S.C. 3374), $410,973,000, to re-
main available until expended. 
ADMINISTRATIVE PROVISION 
SEC. 1001. (a) TEMPORARY EXPANSION OF HOME-
OWNERS ASSISTANCE PLAN TO RESPOND TO MORTGAGE 
FORECLOSURE AND CREDIT CRISIS. Section 1013 of the 
Demonstration Cities and Metropolitan Development Act 
of 1966 (42 U.S.C. 3374) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1), (2), 
and (3) as clauses (i), (ii), and (iii), respec-
tively, and indenting such subparagraphs, as so 
redesignated, 6 ems from the left margin; 
(B) by striking ‘‘Notwithstanding any 
other provision of law’’ and inserting the fol-
lowing: 
‘‘(1) ACQUISITION OF PROPERTY AT OR NEAR 
MILITARY
INSTALLATIONS
THAT
HAVE
BEEN
OR-
DERED TO BE CLOSED.—Notwithstanding any other 
provision of law’’; 
(C) by striking ‘‘if he determines’’ and in-
serting ‘‘if— 
‘‘(A) the Secretary determines—’’; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00166
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
167 
AMDT. NO. 570 
(D) in clause (iii), as redesignated by sub-
paragraph (A), by striking the period at the 
end and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(B) the Secretary determines— 
‘‘(i) that the conditions in clauses (i) 
and (ii) of subparagraph (A) have been 
met; 
‘‘(ii) that the closing or realignment 
of the base or installation resulted from a 
realignment or closure carried out under 
the 2005 round of defense base closure 
and realignment under the Defense Base 
Closure and Realignment Act of 1990 
(part XXIX of Public Law 101–510; 10 
U.S.C. 2687 note); 
‘‘(iii) that the property was purchased 
by the owner before July 1, 2006; 
‘‘(iv) that the property was sold by 
the owner between July 1, 2006, and Sep-
tember 30, 2012, or an earlier end date 
designated by the Secretary; 
‘‘(v) that the property is the primary 
residence of the owner; and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00167
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
168 
AMDT. NO. 570 
‘‘(vi) that the owner has not pre-
viously received benefit payments author-
ized under this subsection. 
‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED 
MEMBERS OF THE ARMED FORCES, DEPARTMENT OF 
DEFENSE AND UNITED STATES COAST GUARD CIVIL-
IAN
EMPLOYEES, AND
THEIR
SPOUSES.—Notwith-
standing any other provision of law, the Secretary of 
Defense is authorized to acquire title to, hold, man-
age, and dispose of, or, in lieu thereof, to reimburse 
for certain losses upon private sale of, or foreclosure 
against, any property improved with a one- or two- 
family dwelling which was at the time of the relevant 
wound, injury, or illness, the primary residence of— 
‘‘(A) any member of the Armed Forces in 
medical transition who— 
‘‘(i) incurred a wound, injury, or ill-
ness in the line of duty during a deploy-
ment in support of the Armed Forces; 
‘‘(ii) is disabled to a degree of 30 per-
cent or more as a result of such wound, in-
jury, or illness, as determined by the Sec-
retary of Defense or the Secretary of Vet-
erans Affairs; and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00168
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
169 
AMDT. NO. 570 
‘‘(iii) is reassigned in furtherance of 
medical treatment or rehabilitation, or due 
to medical retirement in connection with 
such disability; 
‘‘(B) any civilian employee of the Depart-
ment of Defense or the United States Coast 
Guard who— 
‘‘(i) was wounded, injured, or became 
ill in the line of duty during a forward de-
ployment in support of the Armed Forces; 
and 
‘‘(ii) is reassigned in furtherance of 
medical treatment, rehabilitation, or due to 
medical retirement resulting from the sus-
tained disability; or 
‘‘(C) the spouse of a member of the Armed 
Forces or a civilian employee of the Department 
of Defense or the United States Coast Guard 
if— 
‘‘(i) the member or employee was 
killed in the line of duty during a deploy-
ment in support of the Armed Forces or 
died from a wound, injury, or illness in-
curred in the line of duty during such a 
deployment; and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00169
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
170 
AMDT. NO. 570 
‘‘(ii) the spouse relocates from such 
residence within 2 years after the death of 
such member or employee. 
‘‘(3) TEMPORARY
HOMEOWNER
ASSISTANCE 
FOR
MEMBERS
OF
THE
ARMED
FORCES
PERMA-
NENTLY REASSIGNED DURING SPECIFIED MORTGAGE 
CRISIS.—Notwithstanding any other provision of 
law, the Secretary of Defense is authorized to ac-
quire title to, hold, manage, and dispose of, or, in 
lieu thereof, to reimburse for certain losses upon pri-
vate sale of, or foreclosure against, any property im-
proved with a one- or two-family dwelling situated at 
or near a military base or installation, if the Sec-
retary determines— 
‘‘(A) that the owner is a member of the 
Armed Forces serving on permanent assign-
ment; 
‘‘(B) that the owner is permanently reas-
signed by order of the United States Govern-
ment to a duty station or home port outside a 
50-mile radius of the base or installation; 
‘‘(C) that the reassignment was ordered 
between February 1, 2006, and September 30, 
2012, or an earlier end date designated by the 
Secretary; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00170
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
173 
AMDT. NO. 570 
(F) by striking ‘‘best interest of the Fed-
eral Government. Cash payment’’ and inserting 
the following: ‘‘best interest of the United 
States. 
‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED 
INDIVIDUALS AND THEIR SPOUSES.— 
‘‘(A) IN GENERAL.—Persons eligible under 
the criteria set forth in subsection (a)(2) may 
elect either— 
‘‘(i) to receive a cash payment as com-
pensation for losses which may be or have 
been sustained in a private sale, in an 
amount not to exceed the difference be-
tween— 
‘‘(I) 95 per centum of prior fair 
market value of their property (as 
such value is determined by the Sec-
retary of Defense); and 
‘‘(II) the fair market value of 
such property (as such value is so de-
termined) at the time of the wound, 
injury, or illness qualifying the indi-
vidual for benefits under subsection 
(a)(2); or 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00173
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
174 
AMDT. NO. 570 
‘‘(ii) to receive, as purchase price for 
their property an amount not to exceed 90 
per centum of prior fair market value as 
such value is determined by the Secretary 
of Defense, or the amount of the out-
standing mortgages. 
‘‘(B) DETERMINATION
OF
BENEFITS.— 
The Secretary may also pay a person who elects 
to receive a cash payment under subparagraph 
(A) an amount that the Secretary determines 
appropriate to reimburse the person for the 
costs incurred by the person in the sale of the 
property if the Secretary determines that such 
payment will benefit the person and is in the 
best interest of the United States. 
‘‘(3) HOMEOWNER
ASSISTANCE
FOR
PERMA-
NENTLY REASSIGNED INDIVIDUALS.— 
‘‘(A) IN GENERAL.—Persons eligible under 
the criteria set forth in subsection (a)(3) may 
elect either— 
‘‘(i) to receive a cash payment as com-
pensation for losses which may be or have 
been sustained in a private sale, in an 
amount not to exceed the difference be-
tween— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00174
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
175 
AMDT. NO. 570 
‘‘(I) 95 per centum of prior fair 
market value of their property (as 
such value is determined by the Sec-
retary of Defense); and 
‘‘(II) the fair market value of 
such property (as such value is so de-
termined) at the time the person re-
ceived change of permanent station 
orders; or 
‘‘(ii) to receive, as purchase price for 
their property an amount not to exceed 90 
per centum of prior fair market value as 
such value is determined by the Secretary 
of Defense, or the amount of the out-
standing mortgages. 
‘‘(B) DETERMINATION
OF
BENEFITS.— 
The Secretary may also pay a person who elects 
to receive a cash payment under subparagraph 
(A) an amount that the Secretary determines 
appropriate to reimburse the person for the 
costs incurred by the person in the sale of the 
property if the Secretary determines that such 
payment will benefit the person and is in the 
best interest of the United States. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00175
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
176 
AMDT. NO. 570 
‘‘(4) COMPENSATION
AND
LIMITATIONS
RE-
LATED TO FORECLOSURES AND ENCUMBRANCES.— 
Cash payment’’; 
(4) by striking subsection (g); 
(5) in subsection (l), by striking ‘‘(a)(2)’’ and 
inserting ‘‘(a)(1)(A)(ii)’’; 
(6) in subsection (m), by striking ‘‘this section’’ 
and inserting ‘‘subsection (a)(1)’’; 
(7) in subsection (n)— 
(A) in paragraph (1), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; and 
(B) in paragraph (2), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; 
(8) in subsection (o)— 
(A) in paragraph (1), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; 
(B) in paragraph (2), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; and 
(C) by striking paragraph (4); and 
(9) by adding at the end the following new sub-
section: 
‘‘(p) DEFINITIONS.—In this section: 
‘‘(1) the term ‘Armed Forces’ has the meaning 
given the term ‘armed forces’ in section 101(a) of 
title 10, United States Code; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00176
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
177 
AMDT. NO. 570 
‘‘(2) the term ‘civilian employee’ has the mean-
ing given the term ‘employee’ in section 2105(a) of 
title 5, United States Code; 
‘‘(3) the term ‘medical transition’, in the case 
of a member of the Armed Forces, means a member 
who— 
‘‘(A) is in Medical Holdover status; 
‘‘(B) is in Active Duty Medical Extension 
status; 
‘‘(C) is in Medical Hold status; 
‘‘(D) is in a status pending an evaluation 
by a medical evaluation board; 
‘‘(E) has a complex medical need requiring 
six or more months of medical treatment; or 
‘‘(F) is assigned or attached to an Army 
Warrior Transition Unit, an Air Force Patient 
Squadron, a Navy Patient Multidisciplinary 
Care Team, or a Marine Patient Affairs Team/ 
Wounded Warrior Regiment; and 
‘‘(4) the term ‘nonappropriated fund instrumen-
tality employee’ means a civilian employee who— 
‘‘(A) is a citizen of the United States; and 
‘‘(B) is paid from nonappropriated funds 
of Army and Air Force Exchange Service, Navy 
Resale and Services Support Office, Marine 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00177
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
178 
AMDT. NO. 570 
Corps exchanges, or any other instrumentality 
of the United States under the jurisdiction of 
the Armed Forces which is conducted for the 
comfort, pleasure, contentment, or physical or 
mental improvement of members of the Armed 
Forces.’’. 
(b) CLERICAL AMENDMENT.—Such section is further 
amended in the section heading by inserting ‘‘and certain 
property owned by members of the armed forces, depart-
ment of defense and united states coast guard civilian em-
ployees, and surviving spouses’’ after ‘‘ordered to be 
closed’’. 
(c) AUTHORITY TO USE APPROPRIATED FUNDS.— 
Notwithstanding subsection (i) of such section, amounts 
appropriated or otherwise made available by this title 
under the heading ‘‘Homeowners Assistance Fund’’ may 
be used for the Homeowners Assistance Fund established 
under such section. 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SUPPORT AND COMPLIANCE 
For an additional amount for ‘‘Medical Support and 
Compliance’’, $5,000,000, to remain available until Sep-
tember 30, 2010, to support contract administration and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00178
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
179 
AMDT. NO. 570 
energy initiative execution at the Veterans Health Admin-
istration. 
MEDICAL FACILITIES 
For an additional amount for ‘‘Medical Facilities’’, 
$1,370,459,000, to remain available until September 30, 
2010, of which $1,047,313,000 shall be for facility condi-
tion assessment deficiencies and non-recurring mainte-
nance at existing medical facilities; and $323,146,000 
shall be for energy efficiency initiatives. 
NATIONAL CEMETERY ADMINISTRATION 
For an additional amount for ‘‘National Cemetery 
Administration’’, $64,961,000, to remain available until 
September 30, 2010, of which $59,476,000 shall be for 
capital infrastructure and memorial and monument re-
pairs; and $5,485,000 shall be for energy efficiency initia-
tives. 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For an additional amount for ‘‘General Operating 
Expenses’’, $1,125,000, to remain available until Sep-
tember 30, 2010, for additional Full Time Equivalent sal-
ary and expenses for major construction project adminis-
tration and execution and energy initiative execution. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00179
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
180 
AMDT. NO. 570 
INFORMATION TECHNOLOGY SYSTEMS 
For an additional amount for ‘‘Information Tech-
nology Systems’’, $195,000,000, to remain available until 
September 30, 2010, of which $145,000,000 shall be for 
the Veterans Benefits Administration’s development of 
paperless claims processing; and $50,000,000 shall be for 
the development of systems required to implement chapter 
33 of title 38, United States Code. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $4,400,000, to remain available until September 
30, 2011, for oversight and audit of programs, grants and 
projects funded under this title. 
CONSTRUCTION, MAJOR PROJECTS 
For an additional amount for ‘‘Construction, Major 
Projects’’, $1,105,333,000, to remain available until Sep-
tember 30, 2013, which shall be for acceleration and con-
struction of ongoing and planned construction, including 
physical security construction, of major medical facilities 
and National Cemeteries consistent with the Department 
of Veterans Affairs’ Five Year Capital Plan: Provided, 
That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out plan-
ning and design and major medical facility construction 
not otherwise authorized by law: Provided further, That 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00180
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
181 
AMDT. NO. 570 
within 30 days of enactment of this Act the Secretary of 
Veterans Affairs shall submit to the Committees on Ap-
propriations of both Houses of Congress an expenditure 
plan for funds provided under this heading prior to obliga-
tion. 
CONSTRUCTION, MINOR PROJECTS 
For an additional amount for ‘‘Construction, Minor 
Projects’’, $939,836,000, to remain available until Sep-
tember 30, 2010, of which $860,742,000 shall be for Vet-
erans 
Health 
Administration 
minor 
construction; 
$20,300,000 shall be for Veterans Benefits Administra-
tion minor construction, including $300,000 for energy ef-
ficiency initiatives; and $29,012,000 shall be for National 
Cemetery Administration minor construction. 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 
FACILITIES 
For an additional amount for ‘‘Grants for Construc-
tion of State Extended Care Facilities’’, $257,986,000, to 
remain available until September 30, 2010, for grants to 
assist States to acquire or construct State nursing home 
and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities 
in State homes, for furnishing care to veterans as author-
ized by sections 8131 through 8137 of title 38, United 
States Code. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00181
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
182 
AMDT. NO. 570 
ADMINISTRATIVE PROVISION 
SEC. 1002. PAYMENTS TO ELIGIBLE PERSONS WHO 
SERVED IN THE UNITED STATES ARMED FORCES IN THE 
FAR EAST DURING WORLD WAR II. (a) FINDINGS.—Con-
gress makes the following findings: 
(1) The Philippine islands became a United 
States possession in 1898 when they were ceded 
from Spain following the Spanish-American War. 
(2) During World War II, Filipinos served in a 
variety of units, some of which came under the di-
rect control of the United States Armed Forces. 
(3) The regular Philippine Scouts, the new 
Philippine Scouts, the Guerrilla Services, and more 
than 100,000 members of the Philippine Common-
wealth 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) 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00182
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
183 
AMDT. NO. 570 
currently receive full benefits under laws adminis-
tered by the Secretary of Veterans Affairs, but 
under section 107 of title 38, United States Code, 
the service of certain 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. 
(7) The benefits such veterans receive include 
service-connected compensation benefits paid under 
chapter 11 of title 38, United States Code, depend-
ency 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 beneficiaries at the rate of $0.50 per dollar au-
thorized, 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 
veterans’ residency. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00183
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
184 
AMDT. NO. 570 
(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 sec-
tion 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. 
(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 in-
formation and evidence as the Secretary may re-
quire. 
(2) PAYMENT TO SURVIVING SPOUSE.—If an 
eligible person who has filed a claim for benefits 
under this section dies before payment is made 
under this section, the payment under this section 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00184
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
185 
AMDT. NO. 570 
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, des-
ignated, or subsequently recognized by the 
Commander in Chief, Southwest Pacific Area, 
or other competent 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— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00185
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
186 
AMDT. NO. 570 
(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 
citizen 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 per-
son described in subsection (d). 
(g) CLARIFICATION OF TREATMENT OF PAYMENTS 
UNDER CERTAIN LAWS.—Amounts paid to a person 
under this section— 
(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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00186
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
187 
AMDT. NO. 570 
(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 
surviving 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 reason of any service described in sub-
section (d). 
(2) PAYMENT
OF PRIOR ELIGIBILITY STA-
TUS.—Nothing in this section shall prohibit a person 
from receiving any benefit (including health care, 
survivor, 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00187
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
188 
AMDT. NO. 570 
and efficient administration of the provisions of this 
section. 
(2) The Secretary shall administer the provi-
sions of this section in a manner consistent with ap-
plicable provisions of title 38, United States Code, 
and other provisions of law, and shall apply the defi-
nitions in section 101 of such title in the administra-
tion of such provisions, except to the extent other-
wise 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 in-
formation on the operation of the compensation fund, in-
cluding the number of applicants, the number of eligible 
persons receiving benefits, the amounts paid out of the 
compensation fund, and the administration of the com-
pensation fund for the most recent fiscal year for which 
such data is available. 
(l) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated to the compensation fund 
$198,000,000, to remain available until expended, to make 
payments under this section. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00188
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
189 
AMDT. NO. 570 
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 construc-
tion, and relocation of utilities at Arlington National Cem-
etery. 
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 be available for a consolidated security training facil-
ity in the United States and should be obligated in accord-
ance with United States General Services Administration 
site selection procedures: Provided, That the Secretary of 
State shall submit to the Committees on Appropriations 
within 90 days of enactment of this Act a detailed spend-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00189
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
190 
AMDT. NO. 570 
ing plan for funds appropriated under this heading: Pro-
vided further, That with respect to the funds made avail-
able for passport facilities and systems, such plan shall 
be developed in consultation with the Department of 
Homeland Security and the General Services Administra-
tion and shall coordinate and co-locate, to the extent fea-
sible, 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 Sep-
tember 30, 2010, which shall be available for information 
technology security and upgrades to support mission-crit-
ical 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-
mittees on Appropriations within 90 days of enactment of 
this Act a detailed spending plan for funds appropriated 
under this heading. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00190
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
191 
AMDT. NO. 570 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’ for oversight requirements, $1,500,000, to re-
main 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. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00191
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
192 
AMDT. NO. 570 
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 De-
velopment shall submit to the Committees on Appropria-
tions 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 Develop-
ment Office of Inspector General’’ for oversight require-
ments, $500,000, to remain available until September 30, 
2011. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00192
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
193 
AMDT. NO. 570 
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 
remain available until September 30, 2011: Provided, 
That the Secretary of Transportation shall distribute 
funds provided under this heading as discretionary grants 
to be awarded to State and local governments on a com-
petitive basis for projects that will have a significant im-
pact on the Nation, a metropolitan area, or a region: Pro-
vided further, 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, improve-
ments to the rural collector road system, the reconstruc-
tion of overpasses and interchanges, bridge replacements, 
seismic retrofit projects for bridges, and road realign-
ments; public transportation projects eligible under chap-
ter 53 of title 49, United States Code, including invest-
ments in projects participating in the New Starts or Small 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00193
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
194 
AMDT. NO. 570 
Starts programs that will expedite the completion of those 
projects and their entry into revenue service; passenger 
and freight rail transportation projects; and port infra-
structure investments, including projects that connect 
ports to other modes of transportation and improve the 
efficiency of freight movement: Provided further, That of 
the amount made available under this paragraph, the Sec-
retary may use an amount not to exceed $200,000,000 
for the purpose of paying the subsidy costs of projects eli-
gible for federal credit assistance under chapter 6 of title 
23, United States Code, if the Secretary finds that such 
use of the funds would advance the purposes of this para-
graph: Provided further, That in distributing funds pro-
vided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribu-
tion of funds and an appropriate balance in addressing 
the needs of urban and rural communities: Provided fur-
ther, 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 
heading may be up to 100 percent: Provided further, That 
the Secretary shall give priority to projects that require 
an additional share of Federal funds in order to complete 
an overall financing package, and to projects that are ex-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00194
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
195 
AMDT. NO. 570 
pected to be completed within 3 years of enactment of this 
Act: Provided further, That the Secretary shall publish cri-
teria on which to base the competition for any grants 
awarded under this heading not later than 75 days after 
enactment of this Act: Provided further, That the Sec-
retary shall require applications for funding provided 
under this heading to be submitted not later than 180 
days after enactment of this Act, and announce all 
projects selected to be funded from such funds not later 
than 1 year after enactment of this Act: Provided further, 
That the Secretary shall require all additional applications 
to be submitted not later than 1 year after enactment of 
this Act, and announce not later than 180 days following 
such 1-year period all additional projects selected to be 
funded with funds withdrawn from States and grantees 
and transferred from ‘‘Supplemental Grants for Highway 
Investments’’ and ‘‘Supplemental Grants for Public Tran-
sit Investment’’: 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 the Sec-
retary may retain up to $5,000,000 of the funds provided 
under this heading, and may transfer portions of those 
funds to the Administrators of the Federal Highway Ad-
ministration, the Federal Transit Administration, the 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00195
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
196 
AMDT. NO. 570 
Federal Railroad Administration and the Maritime Ad-
ministration, to fund the award and oversight of grants 
made under this heading. 
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: Pro-
vided 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 expenses the agency incurs in administering 
this program: Provided further, That not more than 60 
days after enactment of this Act, the Administrator shall 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00196
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
197 
AMDT. NO. 570 
establish a process for applying, reviewing and awarding 
grants and cooperative and other transaction agreements, 
including the form and content of an application, and re-
quirements for the maintenance of records that are nec-
essary to facilitate an 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 
authorized under sections 47102(3) and 47504(c) of title 
49, United States Code, and for the procurement, installa-
tion and commissioning of runway incursion prevention 
devices 
and 
systems 
at 
airports 
of 
such 
title, 
$1,100,000,000: Provided, That the Secretary of Trans-
portation shall distribute funds provided under this head-
ing as discretionary grants to airports, with priority given 
to those projects that demonstrate to his or her satisfac-
tion their ability to be completed within 2 years of enact-
ment of this Act, and serve to supplement and not sup-
plant planned expenditures from airport-generated reve-
nues or from other State and local sources on such activi-
ties: Provided further, That the Federal share payable of 
the costs for which a grant is made under this heading 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00197
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
198 
AMDT. NO. 570 
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 Air-
ports program set forth in any Act: Provided further, That 
section 50101 of title 49, United States Code, shall apply 
to funds provided under this heading: 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 the Administrator of the Federal Aviation 
Administration may retain and transfer to ‘‘Federal Avia-
tion Administration, 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. 
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 for-
mula set forth in section 104(b)(3) of such title: Provided 
further, That 180 days following the date of such appor-
tionment, the Secretary of Transportation shall withdraw 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00198
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
199 
AMDT. NO. 570 
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 with-
drawn under this proviso in the manner described in sec-
tion 120(c) of division K of Public Law 110–161: Provided 
further, That 1 year following the date of such apportion-
ment, the Secretary shall withdraw from each recipient of 
funds apportioned under this heading any unobligated 
funds and transfer such funds to ‘‘Supplemental Discre-
tionary Grants for a National Surface Transportation Sys-
tem’’: 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 con-
ditions that create an unworkable bidding environment or 
other extenuating circumstances: Provided further, That 
before granting a such an extension, the Secretary shall 
send a letter to the House and Senate Committees on Ap-
propriations that provides a thorough justification for the 
extension: Provided further, That the provisions of sub-
sections 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 allo-
cated to local jurisdictions shall be 40 percent and such 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00199
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
200 
AMDT. NO. 570 
allocation, 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 redis-
tribution of amounts required 180 days following the date 
of apportionment of funds provided under this heading: 
Provided further, That funds apportioned under this head-
ing may be used for, but not be limited to, projects that 
address stormwater runoff, investments in passenger and 
freight rail transportation, and investments in port infra-
structure: 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 cap-
ital 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 discretionary grants to States, with priority 
given to those projects that demonstrate to his or her sat-
isfaction 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 in-
vestments in transportation at Indian reservations and 
Federal lands, and administered in accordance with chap-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00200
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
201 
AMDT. NO. 570 
ter 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 Indian 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 Ref-
uge Roads program: Provided further, That for invest-
ments at Indian reservations and Federal lands, priority 
shall be given to capital investments, and to projects and 
activities that can be completed within 2 years of enact-
ment of this Act: Provided further, That 1 year following 
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 payable on account of any project or activity carried 
out with funds made available under this heading shall 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00201
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
202 
AMDT. NO. 570 
be at the option 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 distribution of funds provided for 
‘‘Federal-aid Highways’’ in any other Act: Provided fur-
ther, That the amount made available under this heading 
shall not be subject to any limitation on obligations for 
Federal-aid highways or highway safety construction pro-
grams set forth in any Act: 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 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 Adminis-
trator of the Federal Highway Administration may retain 
up to $12,000,000 of the funds provided under this head-
ing to carry out the function of the ‘‘Federal Highway Ad-
ministration, Limitation on Administrative Expenses’’ and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00202
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
203 
AMDT. NO. 570 
to fund the oversight by the Administrator of projects and 
activities carried out with funds made available 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 para-
graphs (2)(A) and (2)(B) of section 24401 of title 49, 
United States 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 pas-
senger trains: Provided 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 head-
ing 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00203
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
204 
AMDT. NO. 570 
Code, shall apply to funds provided under this heading: 
Provided further, That the Administrator of the Federal 
Railroad Administration may retain and transfer to ‘‘Fed-
eral Railroad Administration, 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 Ad-
ministrator of grants made under this heading. 
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 im-
prove national intercity passenger rail service, including 
the rehabilitation of rolling stock, $850,000,000: Provided, 
That funds made available under this heading shall be al-
located directly to the National Railroad Passenger Cor-
poration: Provided further, That the Board of Directors 
of the corporation shall take measures to ensure that pri-
ority is given to capital projects that expand passenger 
rail capacity: Provided further, That the Board of Direc-
tors shall take measures 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 expenditures for such activities from 
other Federal, State, local and corporate sources: Provided 
further, That said Board of Directors shall certify to the 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00204
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
205 
AMDT. NO. 570 
House and Senate Committees on Appropriations in writ-
ing 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 Northeast Corridor. 
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 Sep-
tember 30, 2011: Provided, That the Federal share pay-
able 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 Administra-
tion, Safety and Operations’’ up to one-quarter of 1 per-
cent 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 
authorized under section 5302(a)(1) of title 49, United 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00205
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
206 
AMDT. NO. 570 
States Code, $8,400,000,000: Provided, That the Sec-
retary of Transportation shall apportion 71 percent of the 
funds apportioned 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 apportioned under this heading using the formula 
set forth in subsection 5311(c) of such title: Provided fur-
ther, That 180 days following the date of such apportion-
ment, the Secretary 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 Sec-
retary shall redistribute such amounts to other grantees 
that have had no funds withdrawn under this proviso uti-
lizing whatever method he or she deems appropriate to en-
sure that all funds provided under this paragraph shall 
be utilized promptly: Provided further, That 1 year fol-
lowing 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 Surface 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00206
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
207 
AMDT. NO. 570 
grantee has encountered an unworkable bidding environ-
ment or other extenuating circumstances: Provided fur-
ther, That before granting such an extension, the Sec-
retary shall send a letter to the House and Senate Com-
mittees on Appropriations that provides a thorough jus-
tification for the extension: Provided further, That of the 
funds apportioned using the formula set forth in sub-
section 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, 
$200,000,000 shall be distributed as discretionary grants 
to public transit agencies for capital investments that will 
assist in reducing the energy consumption or greenhouse 
gas emissions of their public transportation systems: Pro-
vided further, That for such grants on energy-related in-
vestments, 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: Pro-
vided 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 subject to any limitation on obli-
gations for transit programs set forth in any Act: Provided 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00207
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
208 
AMDT. NO. 570 
further, That section 1101(b) of Public Law 109–59 shall 
apply to funds apportioned under this heading: Provided 
further, That the funds appropriated 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 appropriate, but shall not be 
comingled with funds available under the Formula and 
Bus Grants account: Provided further, That the Adminis-
trator of the Federal Transit Administration may retain 
up to $3,000,000 of the funds provided under this heading 
to carry out the function of ‘‘Federal Transit Administra-
tion, 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: Pro-
vided, That the Secretary of Transportation shall institute 
measures to ensure that funds provided under this head-
ing shall be obligated within 180 days of the date of their 
distribution: Provided further, That the Maritime Adminis-
trator may retain and transfer to ‘‘Maritime Administra-
tion, Operations and Training’’ up to 2 percent of the 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00208
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
209 
AMDT. NO. 570 
funds provided 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 re-
main available until September 30, 2012: Provided, That 
the funding made available under this heading shall be 
used for conducting audits and investigations of projects 
and activities carried out with funds made available in this 
Act to the Department of Transportation and to the Na-
tional Railroad Passenger Corporation: Provided further, 
That the Inspector General shall have all necessary au-
thority, in carrying out the duties specified in the Inspec-
tor General Act, as amended (5 U.S.C. App. 3), to inves-
tigate 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. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00209
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
210 
AMDT. NO. 570 
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 equiv-
alent 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 
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: Pro-
vided further, That in selecting projects to be funded, re-
cipients shall give priority to projects that can award con-
tracts based on bids within 180 days from the date that 
funds are available to recipients: Provided further, That 
the Secretary shall obligate $255,000,000 of the amount 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00210
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
211 
AMDT. NO. 570 
provided under this heading for competitive grants to eligi-
ble entities that apply for funds authorized under 
NAHASDA: Provided further, That in awarding competi-
tive funds, the Secretary shall give priority to projects that 
will spur construction and rehabilitation and will create 
employment opportunities for low-income and unemployed 
persons: Provided further, That recipients of funds under 
this heading shall obligate 100 percent of such funds with-
in 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 with-
in 3 years of such date: Provided further, That if a recipi-
ent fails to comply with either the 1-year obligation re-
quirement 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 bal-
ance of the funds awarded to the recipient: Provided fur-
ther, That, notwithstanding any other provision of this 
paragraph, the Secretary may institute measures to en-
sure participation in the formula and competitive alloca-
tion of funds provided under this paragraph by any hous-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00211
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
212 
AMDT. NO. 570 
ing entity eligible to receive funding under title VIII of 
NAHASDA (25 U.S.C. 4221 et seq.): 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 
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-
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 Com-
pensation and Benefits, Office of Public and Indian Hous-
ing’’: 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00212
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
213 
AMDT. NO. 570 
the Department of Housing and Urban Development: Pro-
vided 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’’. 
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 
section 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 allo-
cate $3,000,000,000 of this amount by the formula au-
thorized under section 9(d)(2) of the Act, except that the 
Secretary may determine not to allocate funding to public 
housing agencies currently designated as troubled or to 
public housing agencies that elect not to accept such fund-
ing: Provided further, That the Secretary shall make avail-
able $2,000,000,000 by competition for priority invest-
ments, including investments that leverage private sector 
funding or financing for renovations and energy conserva-
tion retrofit investments: Provided further, That public 
housing agencies shall prioritize capital projects that are 
already underway or included in the 5-year capital fund 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00213
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
214 
AMDT. NO. 570 
plans required by the Act (42 U.S.C. 1437c–1(a)): Pro-
vided further, That in allocating competitive grants under 
this heading, the Secretary shall give priority consider-
ation to the rehabilitation of vacant rental units: Provided 
further, That notwithstanding 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 provi-
sion of law, the Secretary shall institute measures to en-
sure 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 further, That notwith-
standing section 9(j), public housing agencies shall obli-
gate 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 agency for obligation, and shall expend 
100 percent of the funds within 3 years of such date: Pro-
vided further, That if a public housing agency fails to com-
ply with either the 1-year obligation requirement or the 
2-year expenditure requirement, the Secretary shall recap-
ture all remaining funds awarded to the public housing 
agency and reallocate such funds to agencies that are in 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00214
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
215 
AMDT. NO. 570 
compliance with those requirements: Provided further, 
That if a public housing agency fails to comply with the 
3-year expenditure requirement, the Secretary shall recap-
ture the balance of the funds awarded to the public hous-
ing agency: Provided further, That in administering funds 
provided in this heading, the Secretary may waive any pro-
vision of any statute or regulation that the Secretary ad-
ministers in connection with the obligation by the Sec-
retary or the use by the recipient of these funds except 
for requirements imposed by this heading and require-
ments related to conditions on use of funds for develop-
ment and modernization, 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 pur-
pose of the statute or regulation: 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, research and evalua-
tion activities: Provided further, That any funds made 
available under this heading used by the Secretary for per-
sonnel expenses shall be transferred to and merged with 
funding provided to ‘‘Personnel Compensation and Bene-
fits, Office of Public and Indian Housing’’: Provided fur-
ther, That any funds made available under this heading 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00215
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
216 
AMDT. NO. 570 
used by the Secretary for training or other administrative 
expenses shall be transferred to and merged with funding 
provided to ‘‘Administration, Operations, and Manage-
ment’’, 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’’. 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For an additional amount for the ‘‘HOME Invest-
ment 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 distributed pursuant to the formula authorized by sec-
tion 217 of the Act: Provided further, That the Secretary 
may establish a minimum grant size: Provided further, 
That participating 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 ex-
pend 100 percent of the funds within 3 years of such date: 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00216
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
217 
AMDT. NO. 570 
Provided further, That if a participating jurisdiction fails 
to comply with either the 1-year obligation requirement 
or the 2-year expenditure requirement, the Secretary shall 
recapture all remaining funds awarded to the participating 
jurisdiction and reallocate such funds to participating ju-
risdictions that are in compliance with those requirements: 
Provided further, 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 participating jurisdiction: Provided further, That in 
administering funds under this heading, the Secretary 
may waive any provision of any statute or regulation that 
the Secretary administers in connection with the obliga-
tion 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-discrimina-
tion, 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 over-
all 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 in-
clude allocation of up to 20 percent of funds made avail-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00217
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
218 
AMDT. NO. 570 
able under this heading other than pursuant to the for-
mula authorized by section 217 of the Act: Provided fur-
ther, That, of the funds made available under this heading, 
up to 1 percent shall be available for staffing, training, 
technical assistance, technology, monitoring, research 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: Pro-
vided 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’’. 
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 program under this Heading shall be made avail-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00218
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
219 
AMDT. NO. 570 
able to State housing finance agencies in an amount total-
ing $2,000,000,000, subject to any changes made to a 
State allocation 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 available under HOME: Provided further, That 
the State housing finance agencies (including for purposes 
throughout this heading any entity that is responsible for 
distributing low-income housing tax credits) or as appro-
priate as an entity as a gap financer, shall distribute these 
funds competitively under this heading to housing devel-
opers for projects eligible for funding (such terms includ-
ing those who may have received funding) under the low- 
income housing tax credit program as provided under sec-
tion 42 of the I.R.C. of 1986, with a review of both the 
decisionmaking and process for the award by the Sec-
retary of Housing and Urban Development: Provided fur-
ther, That funds under this heading must be awarded by 
State housing finance agencies within 120 days of enact-
ment 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00219
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
220 
AMDT. NO. 570 
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 param-
eters required within the previous proviso shall result in 
a redistribution 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 awarded 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 appropriate balance in addressing the needs 
of urban and rural communities with a special priority on 
areas that have suffered from excessive job loss and fore-
closures: Provided further, That State housing finance 
agencies shall give priority to projects that require an ad-
ditional 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 fur-
ther, That any assistance provided to an eligible low-in-
come 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00220
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
221 
AMDT. NO. 570 
the I.R.C. of 1986, except that such assistance 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 compliance with section 
42 of the I.R.C. of 1986, and the long term viability of 
buildings funded by assistance under this heading: Pro-
vided 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 Fed-
eral funds from state housing finance agencies and estab-
lish an internet site that shall identify all projects selected 
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. 
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 assistance; housing relocation and stabiliza-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00221
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
222 
AMDT. NO. 570 
tion services including housing search, mediation or out-
reach to property owners, credit repair, security or utility 
deposits, utility payments, rental assistance for a final 
month at a location, and moving cost assistance; or other 
appropriate homelessness prevention activities: Provided 
further, That grantees receiving such assistance shall col-
lect data on the use of the funds awarded and persons 
served with this assistance in the Homeless Management 
Information System (HMIS) or other comparable data-
base: Provided further, That grantees may use up to 5 per-
cent of any grant for administrative costs: Provided fur-
ther, That funding made available under this heading shall 
be allocated to eligible grantees (as defined 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 section 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 within 2 years 
of the date that funds became available to them for obliga-
tion, and 100 percent of funds within 3 years of such date, 
and the Secretary may recapture unexpended funds in vio-
lation of the 2-year expenditure requirement and reallo-
cate such funds to grantees in compliance with that re-
quirement: Provided further, That the Secretary may 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00222
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
223 
AMDT. NO. 570 
waive statutory or regulatory provisions (except provisions 
for fair housing, nondiscrimination, labor standards, and 
the environment) necessary to facilitate the timely expend-
iture 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, 
technology, monitoring, research and evaluation activities: 
Provided 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 
Compensation and Benefits’’: Provided further, That any 
funds made available under this heading used by the Sec-
retary for training or other administrative expenses shall 
be transferred to and merged with funding provided to 
‘‘Administration, Operations, and Management’’ for non- 
personnel expenses of the Department of Housing and 
Urban Development: 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 provided to ‘‘Working Capital Fund.’’ 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00223
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
224 
AMDT. NO. 570 
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 Hous-
ing 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 comply 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 policies, 
procedures, contracts, and transactional infrastructure of 
the authorized programs administered by the Office of Af-
fordable Housing Preservation of the Department of 
Housing and Urban Development, on such terms and con-
ditions as the Secretary of Housing and Urban Develop-
ment deems appropriate to ensure the maintenance and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00224
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
225 
AMDT. NO. 570 
preservation of the property, the continued operation and 
maintenance of energy efficiency technologies, and the 
timely expenditure 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, including, but not limited to, investment fees to 
cover oversight and implementation costs incurred by said 
owner, or to encourage job creation for low-income or very 
low-income individuals: 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 re-
view rating, be in substantial compliance with applicable 
performance standards and legal requirements, and com-
mit to an additional 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 Sec-
retary shall take steps necessary to ensure that owners 
receiving funding for energy and green retrofit invest-
ments under this heading shall expend such funding with-
in 2 years of the date they received the funding: Provided 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00225
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
226 
AMDT. NO. 570 
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: Provided further, That 
of the funds provided under this heading, up to 1.5 per-
cent shall be available for staffing, training, technical as-
sistance, technology, monitoring, research and evaluation 
activities: Provided further, That funding made available 
under this heading and used by the Secretary for per-
sonnel expenses shall be transferred to and merged with 
funding provided to ‘‘Housing Compensation and Bene-
fits’’: Provided further, That any funding made available 
under this heading used by the Secretary for training and 
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: Pro-
vided further, That any funding made available under this 
heading used by the Secretary for technology shall be 
transferred to and merged with funding provided to 
‘‘Working Capital Fund.’’ 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00226
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
227 
AMDT. NO. 570 
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 award-
ed under the Lead-Based Paint Hazard Control Grant 
Program Notice 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 capacity 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 funds within 1 year of the date of 
enactment of this Act, expend at least 75 percent of such 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00227
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
228 
AMDT. NO. 570 
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: 
Provided further, That if a recipient fails to comply with 
either the 1-year obligation requirement or the 2-year ex-
penditure requirement, the Secretary 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 expenditure requirement, the Sec-
retary 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 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 require-
ments related to fair housing, nondiscrimination, 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: Provided further, That, of the 
funds made available under this heading, up to 1 percent 
shall be available for staffing, training, technical assist-
ance, technology, monitoring, research and evaluation ac-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00228
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
229 
AMDT. NO. 570 
tivities: 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, Operations, and Manage-
ment’’, 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 car-
rying 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 re-
main available until September 30, 2012: Provided, That 
the Inspector General shall have independent authority 
over all personnel issues within this office. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00229
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
230 
AMDT. NO. 570 
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, 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00230
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
231 
AMDT. NO. 570 
such as an ambulatory electronic health record for 
office-based physicians or an inpatient hospital elec-
tronic health record for hospitals). 
‘‘(2) ENTERPRISE
INTEGRATION.—The term 
‘enterprise integration’ means the electronic linkage 
of health care providers, health plans, the govern-
ment, and other interested parties, to enable the 
electronic exchange and use of health information 
among all the components in the health care infra-
structure in accordance with applicable law, and 
such term includes related application protocols and 
other related standards. 
‘‘(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, ambu-
latory surgical center described in section 1833(i) of 
the Social Security Act, emergency medical services 
provider, Federally qualified health center, group 
practice (as defined in section 1877(h)(4) of the So-
cial Security Act), a pharmacist, a pharmacy, a lab-
oratory, a physician (as defined in section 1861(r) of 
the Social Security Act), a practitioner (as described 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00231
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
232 
AMDT. NO. 570 
in section 1842(b)(18)(C) of the Social Security 
Act), a provider operated by, or under contract with, 
the Indian Health Service or by an Indian tribe (as 
defined in the Indian Self-Determination and Edu-
cation Assistance Act), tribal organization, or urban 
Indian organization (as defined in section 4 of the 
Indian Health Care Improvement Act), a rural 
health clinic, a covered entity under section 340B, 
and any other category of facility or clinician deter-
mined appropriate by the Secretary. 
‘‘(4) HEALTH INFORMATION.—The term ‘health 
information’ has the meaning given such term in 
section 1171(4) of the Social Security Act. 
‘‘(5) HEALTH
INFORMATION
TECHNOLOGY.— 
The term ‘health information technology’ includes 
hardware, software, integrated technologies and re-
lated licenses, intellectual property, upgrades, and 
packaged solutions sold as services for use by health 
care entities for the electronic creation, maintenance, 
access or exchange of health information. 
‘‘(6) HEALTH PLAN.—The term ‘health plan’ 
has the meaning given such term in section 1171(5) 
of the Social Security Act. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00232
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
233 
AMDT. NO. 570 
‘‘(7) HIT POLICY COMMITTEE.—The term ‘HIT 
Policy Committee’ means such Committee estab-
lished 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 
‘National Coordinator’ means the head of the Office 
of the National Coordinator for Health Information 
Technology 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— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00233
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
234 
AMDT. NO. 570 
‘‘(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 Of-
fice shall be headed by a National Coordinator who shall 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00234
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
235 
AMDT. NO. 570 
be appointed 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 con-
sistent with the development of a nationwide health infor-
mation technology infrastructure that allows for the elec-
tronic 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 
inefficiency, medical errors, inappropriate care, du-
plicative 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 in-
formation among hospitals, laboratories, physician 
offices, and other entities through an effective infra-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00235
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
236 
AMDT. NO. 570 
structure for the secure and authorized exchange of 
health care information; 
‘‘(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 elec-
tronic exchange and use of health information 
that is recommended by the HIT Standards 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00236
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
237 
AMDT. NO. 570 
Committee under section 3003 for purposes of 
adoption under section 3004; 
‘‘(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 Coordinator; 
‘‘(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 agen-
cy undertakes health information technology ac-
tivities primarily within the areas of its greatest 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00237
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
238 
AMDT. NO. 570 
expertise and technical capability and in a man-
ner towards a coordinated national goal. 
‘‘(B) HIT POLICY AND STANDARDS COM-
MITTEES.—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 (devel-
oped as of June 3, 2008) to include specific ob-
jectives, milestones, and metrics with respect to 
the following: 
‘‘(i) The electronic exchange and use 
of health information and the enterprise 
integration of such information. 
‘‘(ii) The utilization of an electronic 
health record for each person in the United 
States by 2014. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00238
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
239 
AMDT. NO. 570 
‘‘(iii) The incorporation of privacy and 
security protections for the electronic ex-
change of an individual’s individually iden-
tifiable health information. 
‘‘(iv) Ensuring security methods to 
ensure appropriate authorization and elec-
tronic authentication of health information 
and specifying technologies or methodolo-
gies for rendering health information unus-
able, unreadable, or indecipherable. 
‘‘(v) Specifying a framework for co-
ordination and flow of recommendations 
and policies under this subtitle among the 
Secretary, the National Coordinator, the 
HIT Policy Committee, the HIT Standards 
Committee, and other health information 
exchanges and other relevant entities. 
‘‘(vi) Methods to foster the public un-
derstanding of health information tech-
nology. 
‘‘(vii) Strategies to enhance the use of 
health information technology in improving 
the quality of health care, reducing medical 
errors, reducing health disparities, improv-
ing public health, increasing prevention 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00239
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
240 
AMDT. NO. 570 
and coordination with community re-
sources, and improving the continuity of 
care among health care settings. 
‘‘(viii) Specific plans for ensuring that 
populations with unique needs, such as 
children, are appropriately addressed in 
the technology design, as appropriate, 
which 
may 
include 
technology 
that 
automates enrollment and retention for eli-
gible individuals. 
‘‘(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 measur-
able outcome goals. 
‘‘(D) PUBLICATION.—The National Coor-
dinator shall republish the strategic plan, in-
cluding 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 information to ensure transparency in pro-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00240
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
241 
AMDT. NO. 570 
motion of a nationwide health information tech-
nology infrastructure. 
‘‘(5) HARMONIZATION.—The Secretary may 
recognize an entity or entities for the purpose of 
harmonizing or updating standards and implementa-
tion specifications in order to achieve uniform and 
consistent implementation of the standards and im-
plementation specifications. 
‘‘(6) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The National Coordi-
nator, in consultation with the Director of the 
National Institute of Standards and Tech-
nology, shall recognize a program or programs 
for the voluntary certification of health infor-
mation technology as being in compliance with 
applicable certification criteria adopted under 
this subtitle. Such program shall include, as ap-
propriate, testing of the technology in accord-
ance with section 14201(b) of the Health Infor-
mation 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-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00241
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
242 
AMDT. NO. 570 
mation technology, criteria to establish that the 
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 appropriate 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 evalu-
ate and develop standards, implementation 
specifications, and certification criteria, or to 
achieve full participation of stakeholders in the 
adoption of a nationwide health information 
technology infrastructure that allows for the 
electronic use and exchange of health informa-
tion. 
‘‘(B) 
IMPLEMENTATION
REPORT.—The 
National Coordinator shall prepare a report 
that identifies lessons learned from major pub-
lic and private health care systems in their im-
plementation of health information technology, 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00242
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
243 
AMDT. NO. 570 
including information on whether the tech-
nologies and practices developed by such sys-
tems may be applicable 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 infor-
mation technology to reduce and better manage 
chronic diseases. 
‘‘(D) EVALUATION
OF
BENEFITS
AND 
COSTS
OF
THE
ELECTRONIC
USE
AND
EX-
CHANGE OF HEALTH INFORMATION.—The Na-
tional Coordinator shall evaluate and publish 
evidence on the benefits and costs of the elec-
tronic use and exchange of health information 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00243
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
244 
AMDT. NO. 570 
and assess to whom these benefits and costs ac-
crue. 
(E) RESOURCE REQUIREMENTS.—The Na-
tional Coordinator shall estimate and publish 
resources required annually to reach the goal of 
utilization of an electronic health record for 
each person in the United States by 2014, in-
cluding— 
(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 informa-
tion management to train health care and 
information technology students and pro-
vide a health information technology work-
force sufficient to ensure the rapid and ef-
fective deployment and utilization of health 
information technologies. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00244
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
245 
AMDT. NO. 570 
‘‘(7) ASSISTANCE.—The National Coordinator 
may provide financial assistance to consumer advo-
cacy groups and not-for-profit entities that work in 
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 Tech-
nology Transfer Act of 1995 (15 U.S.C. 272 note). 
‘‘(8) GOVERNANCE FOR NATIONWIDE HEALTH 
INFORMATION
NETWORK.—The National Coordi-
nator shall establish a governance mechanism for the 
nationwide health information network. 
‘‘(d) DETAIL OF FEDERAL EMPLOYEES.— 
‘‘(1) IN GENERAL.—Upon the request of the 
National Coordinator, the head of any Federal agen-
cy is authorized to detail, with or without reimburse-
ment 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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00245
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
246 
AMDT. NO. 570 
‘‘(B) be in addition to any other staff of 
the Department employed by the National Co-
ordinator. 
‘‘(3) ACCEPTANCE
OF
DETAILEES.—Notwith-
standing any other provision of law, the Office may 
accept detailed personnel from other Federal agen-
cies 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 Of-
fice 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 pri-
vacy officers in such agencies), with State and regional 
efforts, and with foreign countries with regard to the pri-
vacy, security, and data stewardship of electronic individ-
ually 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, 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00246
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
247 
AMDT. NO. 570 
including implementation of the strategic plan described 
in section 3001(c)(3). 
‘‘(b) DUTIES.— 
‘‘(1) RECOMMENDATIONS ON HEALTH INFOR-
MATION TECHNOLOGY INFRASTRUCTURE.—The HIT 
Policy Committee shall recommend a policy frame-
work for the development and adoption of a nation-
wide health information technology infrastructure 
that permits the electronic exchange and use of 
health information as is consistent with the strategic 
plan under section 3001(c)(3) and that includes the 
recommendations under paragraph (2). The Com-
mittee shall update such recommendations and make 
new recommendations 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 elec-
tronic exchange and use of health information 
for purposes of adoption under section 3004 
and shall recommend an order of priority for 
the development, harmonization, and recogni-
tion of such standards, specifications, and cer-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00247
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
248 
AMDT. NO. 570 
tification criteria among the areas so rec-
ommended. Such standards and implementation 
specifications shall include named standards, 
architectures, and software schemes for the au-
thentication and security of individually identifi-
able health information and other information 
as needed to ensure the reproducible develop-
ment of common solutions across disparate en-
tities. 
‘‘(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 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00248
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
249 
AMDT. NO. 570 
disclosure of limited data sets of such in-
formation. 
‘‘(ii) A nationwide health information 
technology infrastructure that allows for 
the electronic use and accurate exchange of 
health information. 
‘‘(iii) The utilization of a certified 
electronic 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 
covered entity (as defined for purposes of 
regulations promulgated under section 
264(c) of the Health Insurance Portability 
and Accountability Act of 1996) for pur-
poses of treatment, payment, and health 
care operations (as such terms are defined 
for purposes 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, 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00249
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
250 
AMDT. NO. 570 
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 
minimum, race, ethnicity, primary lan-
guage, and gender information. 
‘‘(vii) Technologies and design fea-
tures that address the needs of children 
and other vulnerable populations. 
‘‘(C) 
OTHER
AREAS
FOR
CONSIDER-
ATION.—In making recommendations under 
subparagraph (A), the HIT Policy Committee 
may consider 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. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00250
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
251 
AMDT. NO. 570 
‘‘(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. 
‘‘(iv) Technologies that facilitate home 
health care and the monitoring of patients 
recuperating at home. 
‘‘(v) Technologies that help reduce 
medical 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, 
cognitive impairment, or dementia that 
prevents a patient from accessing the pa-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00251
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
252 
AMDT. NO. 570 
tient’s individually identifiable health infor-
mation. 
‘‘(x) Any other technology that the 
HIT Policy Committee finds to be among 
the technologies with the greatest potential 
to improve the quality and efficiency of 
health care. 
‘‘(3) FORUM.—The HIT Policy Committee shall 
serve as a forum for broad stakeholder input with 
specific expertise in policies relating to the matters 
described in paragraphs (1) and (2). 
‘‘(4) CONSISTENCY
WITH
EVALUATION
CON-
DUCTED UNDER MIPPA.— 
‘‘(A) REQUIREMENT FOR CONSISTENCY.— 
The HIT Policy Committee shall ensure that 
recommendations 
made 
under 
paragraph 
(2)(B)(vi) are consistent with the evaluation 
conducted under section 1809(a) of the Social 
Security Act. 
‘‘(B) SCOPE.—Nothing in subparagraph 
(A) shall be construed to limit the recommenda-
tions under paragraph (2)(B)(vi) to the ele-
ments described in section 1809(a)(3) of the 
Social Security Act. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00252
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
253 
AMDT. NO. 570 
‘‘(C) TIMING.—The requirement under 
subparagraph (A) shall be applicable to the ex-
tent that evaluations have been conducted 
under section 1809(a) of the Social Security 
Act, regardless of whether the report described 
in subsection (b) of such section has been sub-
mitted. 
‘‘(c) MEMBERSHIP AND OPERATIONS.— 
‘‘(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 Com-
mittee shall be composed of members to be ap-
pointed as follows: 
‘‘(A) One member shall be appointed by 
the Secretary. 
‘‘(B) One member shall be appointed by 
the Secretary of Veterans Affairs who shall rep-
resent the Department of Veterans Affairs. 
‘‘(C) One member shall be appointed by 
the Secretary of Defense who shall represent 
the Department of Defense. 
‘‘(D) One member shall be appointed by 
the Majority Leader of the Senate. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00253
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
254 
AMDT. NO. 570 
‘‘(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 Represent-
atives. 
‘‘(H) Eleven members shall be appointed 
by the Comptroller General of the United 
States, of whom— 
‘‘(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 
workers; 
‘‘(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; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00254
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
255 
AMDT. NO. 570 
‘‘(vii) one member shall represent in-
formation technology vendors; 
‘‘(viii) one member shall represent 
purchasers 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 
member to serve as the chairperson and one member 
to serve as the vice chairperson of the Policy Com-
mittee. 
‘‘(4) NATIONAL COORDINATOR.—The National 
Coordinator shall serve as a member of the HIT 
Policy Committee and act as a liaison among the 
HIT Policy Committee, the HIT Standards Com-
mittee, 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 influences the recommendations of the Policy 
Committee. 
‘‘(6) TERMS.— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00255
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
256 
AMDT. NO. 570 
‘‘(A) IN
GENERAL.—The terms of the 
members of the HIT Policy Committee shall be 
for 3 years, except that the Comptroller General 
shall designate staggered terms for the mem-
bers 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 pred-
ecessor 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 HIT Policy Committee shall be 
filled in the manner in which the original ap-
pointment 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; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00256
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
257 
AMDT. NO. 570 
‘‘(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 Pol-
icy Committee shall constitute a quorum for pur-
poses of voting, but a lesser number of members 
may meet and hold hearings. 
‘‘(9) FAILURE OF INITIAL APPOINTMENT.—If, 
on the date that is 45 days after the date of enact-
ment of this title, an official authorized under para-
graph (2) to appoint one or more members of the 
HIT Policy Committee has not appointed the full 
number of members that such paragraph authorizes 
such official to appoint— 
‘‘(A) the number of members that such of-
ficial is authorized to appoint shall be reduced 
to the number that such official has appointed 
as of that date; and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00257
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
258 
AMDT. NO. 570 
‘‘(B) the number prescribed in paragraph 
(8) as the quorum shall be reduced to the 
smallest whole number that is greater than one- 
half of the total number of members who have 
been appointed as of that date. 
‘‘(10) CONSIDERATION.—The National Coordi-
nator shall ensure that the relevant recommenda-
tions and comments from the National Committee 
on Vital and Health Statistics are considered in the 
development 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. 
‘‘(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-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00258
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
259 
AMDT. NO. 570 
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 
Coordinator standards, implementation speci-
fications, and certification criteria described in 
subsection (a) that have been developed, har-
monized, or recognized by the HIT Standards 
Committee. The HIT Standards Committee 
shall update such recommendations and make 
new recommendations as appropriate, including 
in response to a notification sent under section 
3004(b)(2). Such recommendations shall be 
consistent with the latest recommendations 
made by the HIT Policy Committee. 
‘‘(B) PILOT TESTING OF STANDARDS AND 
IMPLEMENTATION SPECIFICATIONS.—In the de-
velopment, harmonization, or recognition of 
standards and implementation specifications, 
the HIT Standards Committee shall, as appro-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00259
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
260 
AMDT. NO. 570 
priate, provide for the testing of such standards 
and specifications by the National Institute for 
Standards and Technology under section 14201 
of the Health Information Technology for Eco-
nomic and Clinical Health Act. 
‘‘(C) CONSISTENCY.—The standards, im-
plementation specifications, and certification 
criteria recommended under this subsection 
shall be consistent with the standards for infor-
mation transactions and data elements adopted 
pursuant to section 1173 of the Social Security 
Act. 
‘‘(2) FORUM.—The HIT Standards Committee 
shall serve as a forum for the participation of a 
broad range of stakeholders to provide input on the 
development, harmonization, and recognition of 
standards, implementation specifications, and certifi-
cation criteria necessary for the development and 
adoption of a nationwide health information tech-
nology infrastructure that allows for the electronic 
use and exchange of health information. 
‘‘(3) SCHEDULE.—Not later than 90 days after 
the date of the enactment of this title, the HIT 
Standards Committee shall develop a schedule for 
the assessment of policy recommendations developed 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00260
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
261 
AMDT. NO. 570 
by the HIT Policy Committee under section 3002. 
The HIT Standards Committee shall update such 
schedule annually. The Secretary shall publish such 
schedule in the Federal Register. 
‘‘(4) PUBLIC
INPUT.—The HIT Standards 
Committee shall conduct open public meetings and 
develop a process to allow for public comment on the 
schedule described in paragraph (3) and rec-
ommendations described in this subsection. Under 
such process comments shall be submitted in a time-
ly manner after the date of publication of a rec-
ommendation under this subsection. 
‘‘(5) CONSIDERATION.—The National Coordi-
nator shall ensure that the relevant recommenda-
tions and comments from the National Committee 
on Vital and Health Statistics are considered in the 
development 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 pro-
viders, ancillary healthcare workers, consumers, pur-
chasers, health plans, technology vendors, research-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00261
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
262 
AMDT. NO. 570 
ers, relevant Federal agencies, and individuals with 
technical expertise on health care quality, privacy 
and security, and on the electronic exchange and use 
of health information. 
‘‘(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 
another 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. 
‘‘(5) DEPARTMENT
MEMBERSHIP.—The Sec-
retary shall be a member of the HIT Standards 
Committee. The National Coordinator shall act as a 
liaison among the HIT Standards Committee, the 
HIT Policy Committee, and the Federal Govern-
ment. 
‘‘(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 var-
ious sectors of the health care system so that no sin-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00262
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
263 
AMDT. NO. 570 
gle sector unduly influences the actions of the HIT 
Standards Committee. 
‘‘(7) ASSISTANCE.—For the purposes of car-
rying 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 
Committee to those consumer advocacy groups and 
not for profit entities that work in the public inter-
est as a part of their mission. 
‘‘(d) OPEN AND PUBLIC PROCESS.—In providing for 
the establishment of the HIT Standards Committee pur-
suant to subsection (a), the Secretary shall ensure the fol-
lowing: 
‘‘(1) CONSENSUS APPROACH; OPEN PROCESS.— 
The HIT Standards Committee shall use a con-
sensus approach and a fair and open process to sup-
port the development, harmonization, and recogni-
tion 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 
advisors, including individuals with expertise in— 
‘‘(A) health information privacy; 
‘‘(B) health information security; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00263
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
264 
AMDT. NO. 570 
‘‘(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 reg-
ularly scheduled formal meetings of the HIT Stand-
ards Committee (or established subgroups thereof) 
shall be open to the public. 
‘‘(4) PUBLICATION OF MEETING NOTICES AND 
MATERIALS PRIOR TO MEETINGS.—The HIT Stand-
ards Committee shall develop and maintain an Inter-
net website on which it publishes, prior to each 
meeting, a meeting notice, a meeting agenda, and 
meeting materials. 
‘‘(5) OPPORTUNITY FOR PUBLIC COMMENT.— 
The HIT Standards Committee shall develop a proc-
ess that allows for public comment during the proc-
ess by which the Entity develops, harmonizes, or rec-
ognizes standards and implementation specifications. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00264
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
265 
AMDT. NO. 570 
‘‘(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 recommenda-
tions 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.— 
‘‘(1) REVIEW OF ENDORSED STANDARDS, IM-
PLEMENTATION
SPECIFICATIONS, 
AND
CERTIFI-
CATION CRITERIA.—Not later than 90 days after the 
date of receipt of standards, implementation speci-
fications, or certification criteria endorsed under sec-
tion 3001(c), the Secretary, in consultation with rep-
resentatives of other relevant Federal agencies, shall 
jointly review such standards, implementation speci-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00265
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
266 
AMDT. NO. 570 
fications, or certification criteria and shall determine 
whether or not to propose adoption of such stand-
ards, implementation specifications, or certification 
criteria. 
‘‘(2) DETERMINATION TO ADOPT STANDARDS, 
IMPLEMENTATION
SPECIFICATIONS, AND
CERTIFI-
CATION CRITERIA.—If the Secretary determines— 
‘‘(A) to propose adoption of any grouping 
of such standards, implementation specifica-
tions, or certification criteria, the Secretary 
shall, by regulation, determine whether or not 
to adopt such grouping of standards, implemen-
tation 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-
mination and the reasons for not proposing the 
adoption of such recommendation. 
‘‘(3) PUBLICATION.—The Secretary shall pro-
vide for publication in the Federal Register of all de-
terminations made by the Secretary under para-
graph (1). 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00266
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
267 
AMDT. NO. 570 
‘‘(b) ADOPTION OF STANDARDS, IMPLEMENTATION 
SPECIFICATIONS, AND CERTIFICATION CRITERIA.— 
‘‘(1) IN GENERAL.—Not later than December 
31, 2009, the Secretary shall, through the rule-
making process described in section 3003, adopt an 
initial set of standards, implementation specifica-
tions, and certification criteria for the areas required 
for consideration under section 3002(b)(2)(B). 
‘‘(2) APPLICATION
OF
CURRENT
STANDARDS, 
IMPLEMENTATION
SPECIFICATIONS, AND
CERTIFI-
CATION CRITERIA.—The standards, implementation 
specifications, and certification criteria adopted be-
fore the date of the enactment of this title through 
the process existing through the Office of the Na-
tional Coordinator for Health Information Tech-
nology may be applied towards meeting the require-
ment of paragraph (1). 
‘‘(3) SUBSEQUENT STANDARDS ACTIVITY.—The 
Secretary shall adopt additional standards, imple-
mentation specifications, and certification criteria as 
necessary and consistent with the schedule published 
under section 3003(b)(2). 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00267
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
268 
AMDT. NO. 570 
‘‘SEC. 3005. APPLICATION AND USE OF ADOPTED STAND-
ARDS 
AND 
IMPLEMENTATION 
SPECIFICA-
TIONS BY FEDERAL AGENCIES. 
‘‘For requirements relating to the application and use 
by Federal agencies of the standards and implementation 
specifications adopted under section 3004, see section 
13111 of the Health Information Technology for Eco-
nomic and Clinical Health Act. 
‘‘SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPT-
ED 
STANDARDS 
AND 
IMPLEMENTATION 
SPECIFICATIONS BY PRIVATE ENTITIES. 
‘‘(a) IN GENERAL.—Except as provided under section 
13112 of the Health Information Technology for Eco-
nomic and Clinical Health Act, any standard or implemen-
tation specification adopted under section 3004 shall be 
voluntary with respect to private entities. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sub-
title shall be construed to require that a private entity that 
enters into a contract with the Federal Government apply 
or use the standards and implementation specifications 
adopted under section 3004 with respect to activities not 
related to the contract. 
‘‘SEC. 
3007. 
FEDERAL 
HEALTH 
INFORMATION 
TECH-
NOLOGY. 
‘‘(a) IN GENERAL.—The National Coordinator shall 
support the development and routine updating of qualified 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00268
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
269 
AMDT. NO. 570 
electronic health record technology (as defined in section 
3000) consistent with subsections (b) and (c) and make 
available such qualified electronic health record technology 
unless the Secretary and the HIT Policy Committee deter-
mine through an assessment that the needs and demands 
of providers are being substantially and adequately met 
through the marketplace. 
‘‘(b) CERTIFICATION.—In making such EHR tech-
nology publicly available, the National Coordinator shall 
ensure that the qualified EHR technology described in 
subsection (a) is certified under the program developed 
under section 3001(c)(3) to be in compliance with applica-
ble standards adopted under section 3003(a). 
‘‘(c) AUTHORIZATION
TO
CHARGE
A
NOMINAL 
FEE.—The National Coordinator may impose a nominal 
fee for the adoption by a health care provider of the health 
information technology system developed or approved 
under subsection (a) and (b). Such fee shall take into ac-
count the financial circumstances of smaller providers, low 
income providers, and providers located in rural or other 
medically underserved areas. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require that a private or govern-
ment entity adopt or use the technology provided under 
this section. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00269
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
270 
AMDT. NO. 570 
SEC. 3008. TRANSITIONS. 
‘‘(a) ONCHIT.—Nothing in section 3001 shall be 
construed as requiring the creation of a new entity to the 
extent that the Office of the National Coordinator for 
Health Information Technology established pursuant to 
Executive Order 13335 is consistent with the provisions 
of section 3001. 
‘‘(b) NATIONAL EHEALTH COLLABORATIVE.—Noth-
ing in sections 3002 or 3003 or this subsection shall be 
construed as prohibiting the National eHealth Collabo-
rative from modifying its charter, duties, membership, and 
any other structure or function required to be consistent 
with the requirements of a voluntary consensus standards 
body so as to allow the Secretary to recognize the National 
eHealth Collaborative as the HIT Standards Committee. 
‘‘(c) CONSISTENCY OF RECOMMENDATIONS.—In car-
rying out section 3003(b)(1)(A), until recommendations 
are made by the HIT Policy Committee, recommendations 
of the HIT Standards Committee shall be consistent with 
the most recent recommendations made by such AHIC 
Successor, Inc. 
‘‘SEC. 3009. RELATION TO HIPAA PRIVACY AND SECURITY 
LAW. 
‘‘(a) IN GENERAL.—With respect to the relation of 
this title to HIPAA privacy and security law: 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00270
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
271 
AMDT. NO. 570 
‘‘(1) This title may not be construed as having 
any effect on the authorities of the Secretary under 
HIPAA privacy and security law. 
‘‘(2) The purposes of this title include ensuring 
that the health information technology standards 
and implementation specifications adopted under 
section 3004 take into account the requirements of 
HIPAA privacy and security law. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘HIPAA privacy and security law’ means— 
‘‘(1) the provisions of part C of title XI of the 
Social Security Act, section 264 of the Health Insur-
ance Portability and Accountability Act of 1996, and 
subtitle D of the Health Information Technology for 
Economic and Clinical Health Act; and 
‘‘(2) regulations under such provisions.’’. 
SEC. 13102. TECHNICAL AMENDMENT. 
Section 1171(5) of the Social Security Act (42 U.S.C. 
1320d) is amended by striking ‘‘or C’’ and inserting ‘‘C, 
or D’’. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00271
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
272 
AMDT. NO. 570 
PART II—APPLICATION AND USE OF ADOPTED 
HEALTH 
INFORMATION 
TECHNOLOGY 
STANDARDS; REPORTS 
SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH 
ADOPTED STANDARDS AND IMPLEMENTA-
TION SPECIFICATIONS. 
(a) SPENDING
ON HEALTH INFORMATION TECH-
NOLOGY SYSTEMS.—As each agency (as defined in the Ex-
ecutive Order issued on August 22, 2006, relating to pro-
moting quality and efficient health care in Federal govern-
ment administered or sponsored health care programs) im-
plements, acquires, or upgrades health information tech-
nology systems used for the direct exchange of individually 
identifiable health information between agencies and with 
non-Federal entities, it shall utilize, where available, 
health information technology systems and products that 
meet standards and implementation specifications adopted 
under section 3004(b) of the Public Health Service Act, 
as added by section 13101. 
(b) FEDERAL INFORMATION COLLECTION ACTIVI-
TIES.—With respect to a standard or implementation 
specification adopted under section 3004(b) of the Public 
Health Service Act, as added by section 13101, the Presi-
dent shall take measures to ensure that Federal activities 
involving the broad collection and submission of health in-
formation are consistent with such standard or implemen-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00272
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
273 
AMDT. NO. 570 
tation specification, respectively, within three years after 
the date of such adoption. 
(c) APPLICATION OF DEFINITIONS.—The definitions 
contained in section 3000 of the Public Health Service 
Act, as added by section 13101, shall apply for purposes 
of this part. 
SEC. 13112. APPLICATION TO PRIVATE ENTITIES. 
Each agency (as defined in such Executive Order 
issued on August 22, 2006, relating to promoting quality 
and efficient health care in Federal government adminis-
tered or sponsored health care programs) shall require in 
contracts or agreements with health care providers, health 
plans, or health insurance issuers that as each provider, 
plan, or issuer implements, acquires, or upgrades health 
information technology systems, it shall utilize, where 
available, health information technology systems and prod-
ucts that meet standards and implementation specifica-
tions adopted under section 3004(b) of the Public Health 
Service Act, as added by section 13101. 
SEC. 13113. STUDY AND REPORTS. 
(a) REPORT ON ADOPTION OF NATIONWIDE SYS-
TEM.—Not later than 2 years after the date of the enact-
ment of this Act and annually thereafter, the Secretary 
of Health and Human Services shall submit to the appro-
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00273
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
274 
AMDT. NO. 570 
priate committees of jurisdiction of the House of Rep-
resentatives and the Senate a report that— 
(1) describes the specific actions that have been 
taken by the Federal Government and private enti-
ties to facilitate the adoption of a nationwide system 
for the electronic use and exchange of health infor-
mation; 
(2) describes barriers to the adoption of such a 
nationwide system; and 
(3) contains recommendations to achieve full 
implementation of such a nationwide system. 
(b) REIMBURSEMENT INCENTIVE STUDY AND RE-
PORT.— 
(1) STUDY.—The Secretary of Health and 
Human Services shall carry out, or contract with a 
private entity to carry out, a study that examines 
methods to create efficient reimbursement incentives 
for improving health care quality in Federally quali-
fied health centers, rural health clinics, and free 
clinics. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary of 
Health and Human Services shall submit to the ap-
propriate committees of jurisdiction of the House of 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00274
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
275 
AMDT. NO. 570 
Representatives and the Senate a report on the 
study carried out under paragraph (1). 
(c) AGING SERVICES TECHNOLOGY STUDY AND RE-
PORT.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall carry out, or contract with a 
private entity to carry out, a study of matters relat-
ing to the potential use of new aging services tech-
nology to assist seniors, individuals with disabilities, 
and their caregivers throughout the aging process. 
(2) MATTERS
TO
BE
STUDIED.—The study 
under paragraph (1) shall include— 
(A) an evaluation of— 
(i) methods for identifying current, 
emerging, and future health technology 
that can be used to meet the needs of sen-
iors and individuals with disabilities and 
their caregivers across all aging services 
settings, as specified by the Secretary; 
(ii) methods for fostering scientific in-
novation with respect to aging services 
technology within the business and aca-
demic communities; and 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00275
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
276 
AMDT. NO. 570 
(iii) developments in aging services 
technology in other countries that may be 
applied in the United States; and 
(B) identification of— 
(i) barriers to innovation in aging 
services technology and devising strategies 
for removing such barriers; and 
(ii) barriers to the adoption of aging 
services technology by health care pro-
viders and consumers and devising strate-
gies to removing such barriers. 
(3) REPORT.—Not later than 24 months after 
the date of the enactment of this Act, the Secretary 
shall submit to the appropriate committees of juris-
diction of the House of Representatives and of the 
Senate a report on the study carried out under para-
graph (1). 
(4) DEFINITIONS.—For purposes of this sub-
section: 
(A) AGING SERVICES TECHNOLOGY.—The 
term ‘‘aging services technology’’ means health 
technology that meets the health care needs of 
seniors, individuals with disabilities, and the 
caregivers of such seniors and individuals. 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00276
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
277 
AMDT. NO. 570 
(B) SENIOR.—The term ‘‘senior’’ has such 
meaning as specified by the Secretary. 
GENERAL PROVISIONS—HOPE FOR HOMEOWNERS 
AMENDMENTS 
SEC. 1211. Section 257 of the National Housing Act 
(12 U.S.C. 1715z–23), as amended by the Emergency 
Economic Stabilization Act of 2008 (Public Law 110– 
343), is amended— 
(1) in subsection (e)(1)(B), by inserting after 
‘‘being reset,’’ the following: ‘‘or has, due to a de-
crease in income,’’; 
(2) in subsection (k)(2), by striking ‘‘and the 
mortgagor’’ and all that follows through the end and 
inserting ‘‘shall, upon any sale or disposition of the 
property to which the mortgage relates, be entitled 
to 25 percent of appreciation, up to the appraised 
value of the home at the time when the mortgage 
being refinanced under this section was originally 
made. The Secretary may share any amounts re-
ceived under this paragraph with the holder of the 
eligible mortgage refinanced under this section.’’; 
(3) in subsection (i)— 
(A) by inserting ‘‘, after weighing maxi-
mization of participation with consideration for 
the solvency of the program,’’ after ‘‘Secretary 
shall’’; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00277
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
278 
AMDT. NO. 570 
(B) in paragraph (1), by striking ‘‘equal to 
3 percent’’ and inserting ‘‘not more than 2 per-
cent’’; and 
(C) in paragraph (2), by striking ‘‘equal to 
1.5 percent’’ and inserting ‘‘not more than 1 
percent’’; and 
(4) by adding at the end the following: 
‘‘(x) AUCTIONS.—The Board shall, if feasible, estab-
lish a structure and organize procedures for an auction 
to refinance eligible mortgages on a wholesale or bulk 
basis. 
‘‘(y) COMPENSATION OF SERVICERS.—To provide in-
centive for participation in the program under this section, 
each servicer of an eligible mortgage insured under this 
section shall be paid $1,000 for performing services associ-
ated with refinancing such mortgage, or such other 
amount as the Board determines is warranted. Funding 
for such compensation shall be provided by funds realized 
through the HOPE bond under subsection (w).’’. 
Subtitle B—Testing of Health 
Information Technology 
SEC. 13201. NATIONAL INSTITUTE FOR STANDARDS AND 
TECHNOLOGY TESTING. 
(a) PILOT TESTING OF STANDARDS AND IMPLEMEN-
TATION SPECIFICATIONS.—In coordination with the HIT 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00278
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
279 
AMDT. NO. 570 
Standards Committee established under section 3003 of 
the Public Health Service Act, as added by section 13101, 
with respect to the development of standards and imple-
mentation specifications under such section, the Director 
of the National Institute for Standards and Technology 
shall test such standards and implementation specifica-
tions, as appropriate, in order to assure the efficient im-
plementation and use of such standards and implementa-
tion specifications. 
(b) VOLUNTARY TESTING PROGRAM.—In coordina-
tion with the HIT Standards Committee established under 
section 3003 of the Public Health Service Act, as added 
by section 13101, with respect to the development of 
standards and implementation specifications under such 
section, the Director of the National Institute of Stand-
ards and Technology shall support the establishment of 
a conformance testing infrastructure, including the devel-
opment of technical test beds. The development of this 
conformance testing infrastructure may include a program 
to accredit independent, non-Federal laboratories to per-
form testing. 
SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS. 
(a) HEALTH CARE INFORMATION ENTERPRISE INTE-
GRATION RESEARCH CENTERS.— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00279
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
280 
AMDT. NO. 570 
(1) IN GENERAL.—The Director of the National 
Institute of Standards and Technology, in consulta-
tion with the Director of the National Science Foun-
dation and other appropriate Federal agencies, shall 
establish a program of assistance to institutions of 
higher education (or consortia thereof which may in-
clude nonprofit entities and Federal Government 
laboratories) to establish multidisciplinary Centers 
for Health Care Information Enterprise Integration. 
(2) REVIEW; COMPETITION.—Grants shall be 
awarded under this subsection on a merit-reviewed, 
competitive basis. 
(3) PURPOSE.—The purposes of the Centers de-
scribed in paragraph (1) shall be— 
(A) to generate innovative approaches to 
health care information enterprise integration 
by conducting cutting-edge, multidisciplinary 
research on the systems challenges to health 
care delivery; and 
(B) the development and use of health in-
formation technologies and other complemen-
tary fields. 
(4) RESEARCH AREAS.—Research areas may in-
clude— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00280
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
281 
AMDT. NO. 570 
(A) interfaces between human information 
and communications technology systems; 
(B) voice-recognition systems; 
(C) software that improves interoperability 
and connectivity among health information sys-
tems; 
(D) software dependability in systems crit-
ical to health care delivery; 
(E) measurement of the impact of informa-
tion technologies on the quality and productivity 
of health care; 
(F) health information enterprise manage-
ment; 
(G) health information technology security 
and integrity; and 
(H) relevant health information technology 
to reduce medical errors. 
(5) APPLICATIONS.—An institution of higher 
education (or a consortium thereof) seeking funding 
under this subsection shall submit an application to 
the Director of the National Institute of Standards 
and Technology at such time, in such manner, and 
containing such information as the Director may re-
quire. The application shall include, at a minimum, 
a description of— 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00281
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
282 
AMDT. NO. 570 
(A) the research projects that will be un-
dertaken by the Center established pursuant to 
assistance under paragraph (1) and the respec-
tive contributions of the participating entities; 
(B) how the Center will promote active col-
laboration among scientists and engineers from 
different disciplines, such as information tech-
nology, biologic sciences, management, social 
sciences, and other appropriate disciplines; 
(C) technology transfer activities to dem-
onstrate and diffuse the research results, tech-
nologies, and knowledge; and 
(D) how the Center will contribute to the 
education and training of researchers and other 
professionals in fields relevant to health infor-
mation enterprise integration. 
(b) NATIONAL
INFORMATION
TECHNOLOGY
RE-
SEARCH AND DEVELOPMENT PROGRAM.—The National 
High-Performance Computing Program established by 
section 101 of the High-Performance Computing Act of 
1991 (15 U.S.C. 5511) may review Federal research and 
development programs related to the development and de-
ployment of health information technology, including ac-
tivities related to— 
(1) computer infrastructure; 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00282
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
283 
AMDT. NO. 570 
(2) data security; 
(3) development of large-scale, distributed, reli-
able computing systems; 
(4) wired, wireless, and hybrid high-speed net-
working; 
(5) development of software and software-inten-
sive systems; 
(6) human-computer interaction and informa-
tion management technologies; and 
(7) the social and economic implications of in-
formation technology. 
Subtitle C—Incentives for the Use 
of Health Information Technology 
PART I—GRANTS AND LOANS FUNDING 
SEC. 13301. GRANT, LOAN, AND DEMONSTRATION PRO-
GRAMS. 
Title XXX of the Public Health Service Act, as added 
by section 13101, is amended by adding at the end the 
following new subtitle: 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00283
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
284 
AMDT. NO. 570 
‘‘Subtitle B—Incentives for the Use 
of Health Information Technology 
‘‘SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE 
HEALTH INFORMATION TECHNOLOGY INFRA-
STRUCTURE. 
‘‘(a) IN GENERAL.—The Secretary of Health and 
Human Services shall, using amounts appropriated under 
section 3018, invest in the infrastructure necessary to 
allow for and promote the electronic exchange and use of 
health information for each individual in the United States 
consistent with the goals outlined in the strategic plan de-
veloped by the National Coordinator (and, as available) 
under section 3001. To the greatest extent practicable, the 
Secretary shall ensure that any funds so appropriated 
shall be used for the acquisition of health information 
technology that meets standards and certification criteria 
adopted before the date of the enactment of this title until 
such date as the standards are adopted under section 
3004. The Secretary shall invest funds through the dif-
ferent agencies with expertise in such goals, such as the 
Office of the National Coordinator for Health Information 
Technology, the Health Resources and Services Adminis-
tration, the Agency for Healthcare Research and Quality, 
the Centers of Medicare & Medicaid Services, the Centers 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00284
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
285 
AMDT. NO. 570 
for Disease Control and Prevention, and the Indian 
Health Service to support the following: 
‘‘(1) Health information technology architecture 
that will support the nationwide electronic exchange 
and use of health information in a secure, private, 
and accurate manner, including connecting health 
information exchanges, and which may include up-
dating and implementing the infrastructure nec-
essary within different agencies of the Department 
of Health and Human Services to support the elec-
tronic use and exchange of health information. 
‘‘(2) Development and adoption of appropriate 
certified electronic health records for categories of 
providers not eligible for support under title XVIII 
or XIX of the Social Security Act for the adoption 
of such records. 
‘‘(3) Training on and dissemination of informa-
tion on best practices to integrate health information 
technology, including electronic health records, into 
a provider’s delivery of care, consistent with best 
practices learned from the Health Information Tech-
nology Research Center developed under section 
3012, including community health centers receiving 
assistance under section 330 of the Public Health 
Service Act, covered entities under section 340B of 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00285
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS
286 
AMDT. NO. 570 
such Act, and providers participating in one or more 
of the programs under titles XVIII, XIX, and XXI 
of the Social Security Act (relating to Medicare, 
Medicaid, and the State Children’s Health Insurance 
Program). 
‘‘(4) Infrastructure and tools for the promotion 
of telemedicine, including coordination among Fed-
eral agencies in the promotion of telemedicine. 
‘‘(5) Promotion of the interoperability of clinical 
data repositories or registries. 
‘‘(6) Promotion of technologies and best prac-
tices that enhance the protection of health informa-
tion by all holders of individually identifiable health 
information. 
‘‘(7) Improve and expand the use of health in-
formation technology by public health departments. 
‘‘(8) Provide $300,000,000 to support regional 
or sub-national efforts towards health information 
exchange. 
‘‘(b) COORDINATION.—The Secretary shall ensure 
funds under this section are used in a coordinated manner 
with other health information promotion activities. 
‘‘(c) ADDITIONAL USE OF FUNDS.—In addition to 
using funds as provided in subsection (a), the Secretary 
may use amounts appropriated under section 3018 to 
VerDate Nov 24 2008 
02:51 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00286
Fmt 6654
Sfmt 6201
E:\BILLS\H1.AS2
H1
smartinez on PROD1PC64 with BILLS