123STA T .806PUBLIC LA W 111 – 8 —M A R .11 , 200 9inwr i t in g t o t hea gen cy awar d ing the contract or grant that , to the b e s to f its k now l edge and belief, the contractor or grantee has filed all F ederal ta x ret u rns re q uired during the three years p receding the certification, has not been con v icted of a cri m inal offense under the I nternal R evenue C ode of 1986 , and has not, more than 9 0 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the sub j ect of an installment agreement or offer in compromise that has been approved by the Internal Revenue S ervice and is not in default, or the assessment is the subject of a non - frivolous administrative or judicial proceeding . S EC . 52 2. N one of the funds appropriated in this A ct shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant ’ s number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208 ( a ) (6)or( 7 ) of the Social Security Act. SEC. 52 3 . (a) Section 1 4 002(a)(2)(A)(i) of division A of the Amer- ican Recovery and Reinvestment Act of 2009 ( P ublic L aw 111 – 5) is amended, in the matter preceding subclause (I), by inserting ‘ ‘education’’ after ‘‘secondary’’. (b) Section 14002(b)(1) of such division is amended by striking ‘‘14001’’ and inserting ‘‘14001(d)’’. (c) Section 14003(a) of such division is amended by striking ‘‘the Adult and Family Literacy Act (20 U .S.C. 1400 et seq.)’’ and inserting ‘‘the Adult E ducation and Family Literacy Act (20 U.S.C. 9201 et seq.)’’. (d) Section 14005(a) of such division is amended by striking ‘‘14001’’ and inserting ‘‘14001(d)’’. (e) Section 14005(d)(4)(C) of such division is amended by striking ‘‘6401(e)(1)(9)(A)(ii)’’ and inserting ‘‘6401(e)(1)(A)(ii)’’. (f) Section 14005(d)(5) of such division is amended — (1) by striking ‘‘1116(a)(7)(C)(iv)’’ and inserting ‘‘1116(b)(7)(C)(iv)’’
and (2) by striking ‘‘1116(a)(8)( B )’’ and inserting ‘‘1116(b)(8)(B)’’. (g) Section 14011 of such division is amended by inserting before the period at the end the following
‘‘, unless such funds are used to provide special education and related services to children with disabilities, as authori z ed by the Individuals with D isabilities Education Act (20 U.S.C. 1400 et seq.)’’. (h) Section 14012(c) of such division is amended to read as follows: ‘‘(c) C RIT ERI A .— T he Secretary shall not grant a waiver or modi- fication under this section unless the Secretary determines that the State receiving such waiver or modification will not provide for elementary, secondary, and public higher education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State than the percentage provided for such purpose in the preceding fiscal year.’’. Ante,p.286 . Ante, p. 28 5 . Ante, p. 28 3 . Ante, p. 282. Ante, p. 28 1 . Ante, p. 28 0 .
