123STA T .9 9 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 09 ‘ ‘ (F)Conti n uemak in g t h ea dj u s tments des cr i b ed in the l ast sentence o fp aragraph ( 1 ) w ith respect to e x pansion of the sample si z e used in S tate sampling units , the number of sampling units in a State, and using an appropriate v erification element . ‘‘( 3 ) AUTHORI T YF OR TH ES E C RET A RY OF HEA L THA ND HU M AN SER V ICES TO TRANSITION TO THE USE OF ALL, OR SOME COM B INA - TION OF, ACS ESTIMATES U P ON RECOMMENDATION OF THE SEC- RETARY OF COMMERCE. —I f, on the basis of the assessment re q uired under paragraph ( 2 )( D ), the Secretar y of Commerce recommends to the Secretary of H ealth and Human Services that American Community Survey estimates should be used in lieu of, or in some combination with, Current P opulation Survey estimates for the purposes described in paragraph (2)( B ), the Secretary of Health and Human Services, in con- sultation with the States, may provide for a period during which the Secretary may transition from carrying out such purposes through the use of Current Population Survey esti- mates to the use of American Community Survey estimates (in lieu of, or in combination with the Current Population Survey estimates, as recommended), provided that any such transition is implemented in a manner that is designed to avoid adverse impacts upon States with approved State child health plans under this title. ’ ’. SEC.603 . UPDAT ED F EDE R A L E V ALUAT ION OFC H IP. Section 21 08 (c) ( 4 2 U .S.C. 13 97 hh(c)) is amended by striking paragraph ( 5 ) and inserting the following
‘‘(5) SUBSE Q UENT EVALUATION USIN G UPDATED INFORMA- TION.— ‘‘(A) IN GENERAL.— T he Secretary, directly or through contracts or interagency agreements, shall conduct an inde- pendent subsequent evaluation of 10 States with approved child health plans. ‘‘(B) SELECTION OF STATES AND MATTERS INCLUDED.— Paragraphs (2) and (3) shall apply to such subsequent evaluation in the same manner as such provisions apply to the evaluation conducted under paragraph (1). ‘‘(C) SUBMISSION TO CONGRESS.— N ot later than December 31, 2011, the Secretary shall submit to Congress the results of the evaluation conducted under this para- graph. ‘‘(D) FUNDING.— O ut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $ 10,000,000 for fiscal year 2010 for the purpose of conducting the evaluation authorized under this paragraph. Amounts appropriated under this subparagraph shall remain available for expenditure through fiscal year 2012.’’. SEC. 60 4 . ACCESS TO RECORDS FOR I G AND GAO AUDITS AND EVALUA - TIONS. Section 2108(d) (42 U.S.C. 1397hh(d)) is amended to read as follows: ‘‘(d) ACCESS TO R ECORDS FOR I G AND GAO AUDITS AND E VALUA- TIONS.—For the purpose of evaluating and auditing the program established under this title, or title X IX, the Secretary, the Office of Inspector General, and the Comptroller General shall have access Ap p licab ili ty.Con t r act s .
