P.L. 111–5, Approved February 17, 2009 (123 Stat. 115)

American Recovery and Reinvestment Act of 2009

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SECTION 1. [42 U.S.C. 1305 note] SHORT TITLE.

(a)  This Act may be cited as the “American Recovery and Reinvestment Act of 2009”.

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SEC. 3. [26 U.S.C. 1 note]  PURPOSES AND PRINCIPLES.

(a)  Statement of Purposes.—The purposes of this Act include the following:

(1)  To preserve and create jobs and promote economic recovery.

(2)  To assist those most impacted by the recession.

(3)  To provide investments needed to increase economic efficiency by spurring technological advances in science and health.

(4)  To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.

(5)  To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.

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DIVISION A - APPROPRIATIONS PROVISIONS

TITLE XIII - HEALTH INFORMATION TECHNOLOGY

Subtitle D—Privacy

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SEC. 13410. 

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(c) [None Assigned]  Distribution of Certain Civil Monetary Penalties Collected.—

(1)  In general.—Subject to the regulation promulgated pursuant to paragraph (3), any civil monetary penalty or monetary settlement collected with respect to an offense punishable under this subtitle or section 1176 of the Social Security Act (42 U.S.C. 1320d-5) insofar as such section relates to privacy or security shall be transferred to the Office for Civil Rights of the Department of Health and Human Services to be used for purposes of enforcing the provisions of this subtitle and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of the date of enactment of this Act.

(2)  GAO report.—Not later than 18 months after the date of the enactment of this title, the Comptroller General shall submit to the Secretary a report including recommendations for a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.

(3)  Establishment of methodology to distribute percentages of cmps collected to harmed individuals.—Not later than 3 years after the date of the enactment of this title, the Secretary shall establish by regulation and based on the recommendations submitted under paragraph (2), a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.

(4)  Application of methodology.—The methodology under paragraph (3) shall be applied with respect to civil monetary penalties or monetary settlements imposed on or after the effective date of the regulation.

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DIVISION B - TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND OTHER PROVISIONS

TITLE IV - MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS

SEC. 5001. [None Assigned] 

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(b)  Implementation of Funding.—In addition to funds otherwise available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services for the Centers for Medicare & Medicaid Services Program Management Account, $40,000,000 for each of fiscal years 2009 through 2015 and $20,000,000 for fiscal year 2016, which shall be available for purposes of carrying out the provisions of (and the amendments made by) this section. Amounts appropriated under this subsection for a fiscal year shall be available until expended.

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TITLE IV - STATE FISCAL RELIEF

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SEC. 5006. [None Assigned] 

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  Rule of construction.— Nothing in the amendments made by this subsection shall be construed as superseding existing advisory committees, working groups, guidance, or other advisory procedures established by the Secretary of Health and Human Services or by any State with respect to the provision of health care to Indians.

[Internal References.—SSAct §§1176, 1903 (headings) and 1917 have footnotes referring to P.L. 111-5.]