Department of Labor Appropriations Act, 2010

        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3293 Reported in Senate (RS)]

Calendar No. 149
111th CONGRESS
1st Session
H. R. 3293

[Report No. 111-66]

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 27, 2009

Received; read twice and referred to the Committee on Appropriations

August 4, 2009

Reported by Mr. Harkin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2010, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <DELETED>That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2010, and for other purposes, namely:

<DELETED>TITLE I--DEPARTMENT OF LABOR</DELETED>

<DELETED>Employment and Training Administration</DELETED>

<DELETED>training and employment services</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses of the Workforce Investment Act of
1998 (``WIA''), the Second Chance Act of 2007, and the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
WIA; $3,802,961,000, plus reimbursements, shall be available. Of the
amounts provided:</DELETED>
<DELETED>    (1) for grants to States for adult employment and
training activities, youth activities, and dislocated worker
employment and training activities, $2,969,449,000 as
follows:</DELETED>
<DELETED>    (A) $861,540,000 for adult employment and
training activities, of which $149,540,000 shall be
available for the period July 1, 2010, through June 30,
2011, and of which $712,000,000 shall be available for
the period October 1, 2010 through June 30,
2011;</DELETED>
<DELETED>    (B) $924,069,000 for youth activities,
which shall be available for the period April 1, 2010
through June 30, 2011; and</DELETED>
<DELETED>    (C) $1,183,840,000 for dislocated worker
employment and training activities, of which
$321,731,000 shall be available for the period July 1,
2010 through June 30, 2011, and of which $862,109,000
shall be available for the period October 1, 2010
through June 30, 2011:</DELETED>
<DELETED>Provided, That notwithstanding the transfer limitation
under section 133(b)(4) of the WIA, up to 30 percent of such
funds may be transferred by a local board if approved by the
Governor: Provided further, That a local board may award a
contract to an institution of higher education or other
eligible training provider if the local board determines that
it would facilitate the training of multiple individuals in
high-demand occupations, if such contract does not limit
customer choice;</DELETED>
<DELETED>    (2) for federally administered programs,
$453,429,000 as follows:</DELETED>
<DELETED>    (A) $215,051,000 for the dislocated
workers assistance national reserve, of which
$17,160,000 shall be available for the period July 1,
2010 through June 30, 2011, and of which $197,891,000
shall be available for the period October 1, 2010
through June 30, 2011: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIA may be used
to provide assistance to a State for State-wide or
local use in order to address cases where there have
been worker dislocations across multiple sectors or
across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out section
171(d) of the WIA may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers;</DELETED>
<DELETED>    (B) $52,758,000 for Native American
programs, which shall be available for the period July
1, 2010 through June 30, 2011;</DELETED>
<DELETED>    (C) $84,620,000 for migrant and seasonal
farmworker programs under section 167 of the WIA,
including $78,610,000 for formula grants (of which not
less than 70 percent shall be for employment and
training services), $5,500,000 for migrant and seasonal
housing (of which not less than 70 percent shall be for
permanent housing), and $510,000 for other
discretionary purposes, which shall be available for
the period July 1, 2010 through June 30, 2011:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services;</DELETED>
<DELETED>    (D) $1,000,000 for carrying out the Women
in Apprenticeship and Nontraditional Occupations Act,
which shall be available for the period July 1, 2010
through June 30, 2011; and</DELETED>
<DELETED>    (E) $100,000,000 for YouthBuild activities
as described in section 173A of the WIA, which shall be
available for the period April 1, 2010 through June 30,
2011: Provided, That for program year 2010 and each
program year thereafter, the YouthBuild program may
serve an individual who has dropped out of high school
and re-enrolled in an alternative school, if that re-
enrollment is part of a sequential service
strategy;</DELETED>
<DELETED>    (3) for national activities, $380,083,000, as
follows:</DELETED>
<DELETED>    (A) $66,990,000 for Pilots,
Demonstrations, and Research, which shall be available
for the period April 1, 2010 through June 30, 2011, of
which $35,000,000 shall be for Transitional Jobs
activities, and shall not be subject to the
requirements of section 171(b)(2)(B) or 171(c)(4)(D) of
the WIA, and that a sufficient portion of these funds
shall be for an evaluation of the program; and of which
$5,500,000 shall be for competitive grants to address
the employment and training needs of young parents, and
shall not be subject to the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which
$24,490,000 shall be used for the projects, and in the
amounts, specified under the heading ``Training and
Employment Services'' in the report of the Committee on
Appropriations of the House of Representatives to
accompany this Act: Provided, That funding provided to
carry out such projects shall not be subject to the
requirements of sections 171(b)(2)(B) and 171(c)(4)(D)
of the WIA, the joint funding requirements of sections
171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time
limit requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of the WIA;</DELETED>
<DELETED>    (B) $108,493,000 for ex-offender
activities, under the authority of section 171 of the
WIA and section 212 of the Second Chance Act of 2007,
which shall be available for the period July 1, 2010
through June 30, 2011, and which shall not be subject
to the requirements of section 171(b)(2)(B) or
171(c)(4)(D) of the WIA: Provided, That not less than
$34,000,000 shall be available for adult ex-offender
activities, of which $15,000,000 shall be for
competitive grants to provide Transitional Job
activities for adult ex-offenders;</DELETED>
<DELETED>    (C) $9,600,000 for Evaluation, which shall
be available for the period July 1, 2010 through June
30, 2011, and which may be transferred to any other
account within the Department to carry out evaluation
activities;</DELETED>
<DELETED>    (D) $50,000,000 (reduced by $5,000,000)
for activities that prepare workers for careers in
energy efficiency and renewable energy as described in
section 171(e)(1)(B) of the WIA, under the authority of
section 171 of the WIA, which shall be available for
the period July 1, 2010 through June 30, 2011, and
which shall not be subject to the requirements of
section 171(b)(2)(B) or 171(c)(4)(D);</DELETED>
<DELETED>    (E) $130,000,000 (increased by $5,000,000)
for the Career Pathways Innovation Fund, under the
authority of section 171 of the WIA, which shall be
available for the period July 1, 2010 through June 30,
2011, of which not less than $65,000,000 shall be
dedicated to activities that prepare workers for
careers in the health care sector, and which shall not
be subject to the requirements of section 171(b)(2)(B)
or 171(c)(4)(D); and</DELETED>
<DELETED>    (F) $15,000,000 for the Workforce Data
Quality Initiative, under the authority of section
171(c)(2) of the WIA, which shall be available for the
period July 1, 2010 through June 30, 2011, and which
shall not be subject to the requirements of section
171(c)(4)(D).</DELETED>

<DELETED>community service employment for older americans</DELETED>

<DELETED>    To carry out title V of the Older Americans Act of 1965,
$615,425,000, which shall be available for the period July 1, 2010
through June 30, 2011: Provided, That funds made available under this
heading in this Act may, in accordance with section 517(c) of the Older
Americans Act of 1965, be recaptured and reobligated.</DELETED>

<DELETED>federal unemployment benefits and allowances</DELETED>

<DELETED>    For payments during fiscal year 2010 of trade adjustment
benefit payments and allowances under part I of subchapter B of chapter
2 of title II of the Trade Act of 1974, and section 246 of that Act;
and for training, employment and case management services, allowances
for job search and relocation, and related State administrative
expenses under part II of subchapter B of chapter 2 of title II of the
Trade Act of 1974, including benefit payments, allowances, training,
and related State administration provided pursuant to paragraphs (1)
and (2) of section 1891(b) of the Trade and Globalization Adjustment
Assistance Act of 2009, $1,818,400,000, together with such amounts as
may be necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15, 2010.</DELETED>

<DELETED>state unemployment insurance and employment service
operations</DELETED>

<DELETED>    For authorized administrative expenses, $69,903,000,
together with not to exceed $3,977,153,000 which may be expended from
the Employment Security Administration Account in the Unemployment
Trust Fund (``the Trust Fund''), of which:</DELETED>
<DELETED>    (1) $3,195,645,000 from the Trust Fund is for
grants to States for the administration of State unemployment
insurance laws as authorized under title III of the Social
Security Act (including $10,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews), the administration of
unemployment insurance for Federal employees and for ex-service
members as authorized under 5 U.S.C. 8501-8523, and the
administration of trade readjustment allowances, reemployment
trade adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under section
1891(b) of the Trade and Globalization Adjustment Assistance
Act of 2009, and shall be available for obligation by the
States through December 31, 2010, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2012, and funds used for
unemployment insurance workloads experienced by the States
through September 30, 2010, shall be available for Federal
obligation through December 31, 2010;</DELETED>
<DELETED>    (2) $11,310,000 from the Trust Fund is for
national activities necessary to support the administration of
the Federal-State unemployment insurance system;</DELETED>
<DELETED>    (3) $680,893,000 from the Trust Fund, together
with $22,683,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2010 through June 30, 2011;</DELETED>
<DELETED>    (4) $20,869,000 from the Trust Fund is for
national activities of the Employment Service, including
administration of the work opportunity tax credit under section
51 of the Internal Revenue Code of 1986, and the provision of
technical assistance and staff training under the Wagner-Peyser
Act, including not to exceed $1,228,000 that may be used for
amortization payments to States which had independent
retirement plans in their State employment service agencies
prior to 1980;</DELETED>
<DELETED>    (5) $68,436,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $53,307,000 shall be available for the
Federal administration of such activities, and $15,129,000
shall be available for grants to States for the administration
of such activities; and</DELETED>
<DELETED>    (6) $47,220,000 from the General Fund is to
provide workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act and
section 171 (e)(2)(C) of the Workforce Investment Act of 1998
and shall be available for Federal obligation for the period
July 1, 2010 through June 30, 2011:</DELETED>
<DELETED>Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2010 is projected by the
Department of Labor to exceed 5,059,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Act: Provided further, That the Secretary of Labor may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance or immigration programs, may be obligated in contracts,
grants, or agreements with non-State entities: Provided further, That
funds appropriated under this Act for activities authorized under title
III of the Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation principles
prescribed under the Office of Management and Budget Circular A-87:
Provided further, That the Secretary, at the request of a State
participating in a consortium with other States, may reallot funds
allotted to such State under title III of the Social Security Act to
other States participating in the consortium in order to carry out
activities that benefit the administration of the unemployment
compensation law of the State making the request.</DELETED>
<DELETED>     In addition, $50,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews.</DELETED>

<DELETED>advances to the unemployment trust fund and other
funds</DELETED>

<DELETED>    For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable
advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances'' account,
such sums as may be necessary.</DELETED>

<DELETED>program administration</DELETED>

<DELETED>    For expenses of administering employment and training
programs, $96,266,000, together with not to exceed $50,140,000, which
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund.</DELETED>

<DELETED>Employee Benefits Security Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Employee Benefits Security
Administration, $154,060,000.</DELETED>

<DELETED>Pension Benefit Guaranty Corporation</DELETED>

<DELETED>pension benefit guaranty corporation fund</DELETED>

<DELETED>    The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2010, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2010 shall be
available for obligations for administrative expenses in excess of
$464,067,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2010, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2011 for obligation
for administrative expenses for every 20,000 additional terminated
participants: Provided further, That an additional $50,000 shall be
made available through September 30, 2011, for obligation for
investment management fees for every $25,000,000 in assets received by
the Corporation as a result of new plan terminations or asset growth,
after approval by the Office of Management and Budget and notification
of the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the
Senate.</DELETED>

<DELETED>Employment Standards Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>(including rescission)</DELETED>

<DELETED>    For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and local
agencies and their employees for inspection services rendered,
$484,632,000, together with $2,124,000 which may be expended from the
Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the
Longshore and Harbor Workers' Compensation Act: Provided, That the
Secretary of Labor is authorized to establish and, in accordance with
31 U.S.C. 3302, collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and 14 of
the Fair Labor Standards Act of 1938 and for processing applications
and issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act.</DELETED>
<DELETED>    Of the unobligated funds collected pursuant to section
286(v) of the Immigration and Nationality Act, $65,000,000 are
rescinded as of September 30, 2010.</DELETED>

<DELETED>special benefits</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or any
prior fiscal year authorized by 5 U.S.C. 81; continuation of benefits
as provided for under the heading ``Civilian War Benefits'' in the
Federal Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f)
of the War Claims Act of 1948; and 50 percent of the additional
compensation and benefits required by section 10(h) of the Longshore
and Harbor Workers' Compensation Act, $187,000,000, together with such
amounts as may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other benefits for
any period subsequent to August 15 of the current year: Provided, That
amounts appropriated may be used under 5 U.S.C. 8104, by the Secretary
of Labor to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2009, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for
its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for employees of
such fair share entities through September 30, 2010: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees'
Compensation Act, $58,120,000 shall be made available to the Secretary
as follows:</DELETED>
<DELETED>    (1) For enhancement and maintenance of automated
data processing systems and telecommunications systems,
$19,968,000.</DELETED>
<DELETED>    (2) For automated workload processing operations,
including document imaging, centralized mail intake, and
medical bill processing, $23,323,000.</DELETED>
<DELETED>    (3) For periodic roll management and medical
review, $14,829,000.</DELETED>
<DELETED>    (4) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:</DELETED>
<DELETED>Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers' Compensation Act, provide as
part of such notice and claim, such identifying information (including
Social Security account number) as such regulations may
prescribe.</DELETED>

<DELETED>special benefits for disabled coal miners</DELETED>

<DELETED>    For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275, $169,180,000, to
remain available until expended.</DELETED>
<DELETED>    For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.</DELETED>
<DELETED>    For making benefit payments under title IV for the first
quarter of fiscal year 2011, $45,000,000, to remain available until
expended.</DELETED>

<DELETED>administrative expenses, energy employees occupational illness
compensation fund</DELETED>

<DELETED>    For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $51,197,000, to remain
available until expended: Provided, That the Secretary of Labor may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.</DELETED>

<DELETED>black lung disability trust fund</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    In fiscal year 2010, such sums as may be necessary from
the Black Lung Disability Trust Fund (``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1986; and
interest on advances, as authorized by section 9501(c)(2) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2010 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $32,720,000 for transfer to the Employment Standards
Administration ``Salaries and Expenses''; not to exceed $25,091,000 for
transfer to Departmental Management, ``Salaries and Expenses''; not to
exceed $327,000 for transfer to Departmental Management, ``Office of
Inspector General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.</DELETED>

<DELETED>Occupational Safety and Health Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Occupational Safety and
Health Administration, $554,620,000, including not to exceed
$103,393,000 which shall be the maximum amount available for grants to
States under section 23(g) of the Occupational Safety and Health Act
(``Act''), which grants shall be no less than 50 percent of the costs
of State occupational safety and health programs required to be
incurred under plans approved by the Secretary of Labor under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $200,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the
fiscal year ending September 30, 2010, to collect and retain fees for
services provided to Nationally Recognized Testing Laboratories, and
may utilize such sums, in accordance with the provisions of 29 U.S.C.
9a, to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used by
workers in the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer of 10
or fewer employees who is included within a category having a Days
Away, Restricted, or Transferred (DART) occupational injury and illness
rate, at the most precise industrial classification code for which such
data are published, less than the national average rate as such rates
are most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of the Act, except--
</DELETED>
<DELETED>    (1) to provide, as authorized by the Act,
consultation, technical assistance, educational and training
services, and to conduct surveys and studies;</DELETED>
<DELETED>    (2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation for
violations found during such inspection, and to assess a
penalty for violations which are not corrected within a
reasonable abatement period and for any willful violations
found;</DELETED>
<DELETED>    (3) to take any action authorized by the Act with
respect to imminent dangers;</DELETED>
<DELETED>    (4) to take any action authorized by the Act with
respect to health hazards;</DELETED>
<DELETED>    (5) to take any action authorized by the Act with
respect to a report of an employment accident which is fatal to
one or more employees or which results in hospitalization of
two or more employees, and to take any action pursuant to such
investigation authorized by the Act; and</DELETED>
<DELETED>    (6) to take any action authorized by the Act with
respect to complaints of discrimination against employees for
exercising rights under the Act:</DELETED>
<DELETED>Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer employees:
Provided further, That $10,000,000 shall be available for Susan Harwood
training grants.</DELETED>

<DELETED>Mine Safety and Health Administration</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Mine Safety and Health
Administration, $353,193,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 from fees collected for the
approval and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities; the
Secretary of Labor is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
or private; the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining
community through cooperative programs with States, industry, and
safety associations; the Secretary is authorized, in fiscal year 2010
and each fiscal year thereafter, to recognize the Joseph A. Holmes
Safety Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds and, with
or without reimbursement, personnel, including service of Mine Safety
and Health Administration officials as officers in local chapters or in
the national organization; and any funds available to the Department of
Labor may be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event of a
major disaster.</DELETED>

<DELETED>Bureau of Labor Statistics</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $533,359,000,
together with not to exceed $78,264,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, of which $1,500,000 may be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act: Provided,
That the Current Employment Survey shall maintain the content of the
survey issued prior to June 2005 with respect to the collection of data
for the women worker series.</DELETED>

<DELETED>Office of Disability Employment Policy</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of eliminating
barriers to the training and employment of people with disabilities,
$37,031,000.</DELETED>

<DELETED>Departmental Management</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses for Departmental Management,
including the hire of three sedans, and including the management or
operation, through contracts, grants or other arrangements of
Departmental activities conducted by or through the Bureau of
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities,
$350,827,000 (reduced by $1,000,000), of which $91,419,000 is for the
Bureau of International Labor Affairs (including $6,500,000 to
implement model programs to address worker rights issues through
technical assistance in countries with which the United States has
trade preference programs), and of which $19,892,000 is for the
acquisition of Departmental information technology, architecture,
infrastructure, equipment, software and related needs, which will be
allocated by the Department's Chief Information Officer in accordance
with the Department's capital investment management process to assure a
sound investment strategy, and of which $5,000,000 is for Program
Evaluation, which may be transferred to any other appropriate account
in the Department for such purpose; together with not to exceed
$327,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.</DELETED>

<DELETED>office of job corps</DELETED>

<DELETED>    To carry out subtitle C of title I of the Workforce
Investment Act of 1998, including Federal administrative expenses, the
purchase and hire of passenger motor vehicles, the construction,
alteration and repairs of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; $1,705,320,000, plus reimbursements, as
follows:</DELETED>
<DELETED>    (1) $1,576,130,000 for Job Corps Operations, of
which $985,130,000 shall be available for obligation for the
period July 1, 2010 through June 30, 2011 and of which
$591,000,000 shall be available for obligation for the period
October 1, 2010 through June 30, 2011.</DELETED>
<DELETED>    (2) $100,000,000 for construction, rehabilitation
and acquisition of Job Corps Centers, which shall be available
for the period October 1, 2010 through June 30, 2013.</DELETED>
<DELETED>    (3) $29,190,000 for necessary expenses of the
Office of Job Corps which shall be available for obligation for
the period October 1, 2009 through September 30,
2010:</DELETED>
<DELETED>Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps
centers.</DELETED>

<DELETED>veterans employment and training</DELETED>

<DELETED>    Not to exceed $210,156,000 may be derived from the
Employment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and
4321-4327, and Public Law 103-353, and which shall be available for
obligation by the States through December 31, 2010, of which $2,449,000
is for the National Veterans' Employment and Training Services
Institute.</DELETED>
<DELETED>    In addition, to carry out the Department of Labor programs
under section 5(a)(1) of the Homeless Veterans Comprehensive Assistance
Act of 2001 and the Veterans Workforce Investment Programs under
section 168 of the Workforce Investment Act, $46,971,000, of which
$9,641,000 shall be available for obligation for the period July 1,
2010 through June 30, 2011.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>    For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General Act of
1978, $78,093,000, together with not to exceed $5,921,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.</DELETED>

<DELETED>General Provisions</DELETED>

<DELETED>    Sec. 101.  None of the funds appropriated in this Act for
the Job Corps shall be used to pay the salary of an individual, either
as direct costs or any proration as an indirect cost, at a rate in
excess of Executive Level I.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 102.  Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.</DELETED>
<DELETED>    Sec. 103.  In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available pursuant to
this Act shall be obligated or expended for the procurement of goods
mined, produced, manufactured, or harvested or services rendered, whole
or in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.</DELETED>
<DELETED>    Sec. 104.  None of the funds appropriated in this title
for grants under section 171 of the Workforce Investment Act of 1998
may be obligated prior to the preparation and submission of a report by
the Secretary of Labor to the Committees on Appropriations of the House
of Representatives and the Senate detailing the planned uses of such
funds.</DELETED>
<DELETED>    Sec. 105.  None of the funds made available to the
Department of Labor for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 may be used for
any purpose other than training in the occupations and industries for
which employers are using H-1B visas to hire foreign workers, and the
related activities necessary to support such training: Provided, That
the preceding limitation shall not apply to multi-year grants awarded
prior to June 30, 2007.</DELETED>
<DELETED>    Sec. 106.  None of the funds available in this Act or
available to the Secretary of Labor from other sources for Career
Pathways Innovation Fund grants and grants authorized under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 shall be obligated for a grant awarded on a non-competitive
basis.</DELETED>
<DELETED>    Sec. 107.  None of the funds appropriated in this Act
under the heading ``Employment and Training Administration'' shall be
used by a recipient or subrecipient of such funds to pay the salary and
bonuses of an individual, either as direct costs or indirect costs, at
a rate in excess of Executive Level II. This limitation shall not apply
to vendors providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are recipients of
such funds, States may establish a lower limit for salaries and bonuses
of those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-of-
living in the State, the compensation levels for comparable State or
local government employees, and the size of the organizations that
administer Federal programs involved including Employment and Training
Administration programs.</DELETED>
<DELETED>    Sec. 108.  The Secretary of Labor shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a plan for the transfer of the administration of the Job Corps
program authorized under title I-C of the Workforce Investment Act of
1998 from the Office of the Secretary to the Employment and Training
Administration. As of the date that is 30 days after the date of
submission of such plan, the Secretary may transfer the administration
and appropriated funds of the program from the Office of the Secretary
and the provisions of section 102 of Public Law 109-149 shall no longer
be applicable.</DELETED>
<DELETED>    This title may be cited as the ``Department of Labor
Appropriations Act, 2010''.</DELETED>

<DELETED>TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

<DELETED>Health Resources and Services Administration</DELETED>

<DELETED>health resources and services</DELETED>

<DELETED>    For carrying out titles II, III, IV, VII, VIII, X, XI,
XII, XIX, and XXVI of the Public Health Service Act (``PHS Act''),
section 427(a) of the Federal Coal Mine Health and Safety Act, title V
and sections 711, 1128E, and 1820 of the Social Security Act, the
Health Care Quality Improvement Act of 1986, the Native Hawaiian Health
Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712
of the American Jobs Creation Act of 2004, and the Stem Cell
Therapeutic and Research Act of 2005, $7,305,817,000 (increased by
$1,000,000), of which $41,200,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under such section: Provided, That of the funds made
available under this heading, $129,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That $56,000,000 of the funding
provided for community health centers shall be for base grant
adjustments for existing health centers: Provided further, That in
addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of information
under the ``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 1128E(d)(2) of the Social Security Act, shall be
sufficient to recover the full costs of operating the program, and
shall remain available until expended to carry out that Act: Provided
further, That no more than $40,000 shall be available until expended
for carrying out the provisions of section 224(o) of the PHS Act
including associated administrative expenses and relevant evaluations:
Provided further, That no more than $44,055,000 shall be available
until expended for carrying out the provisions of Public Law 104-73 and
for expenses incurred by the Department of Health and Human Services
(``HHS'') pertaining to administrative claims made under such law:
Provided further, That of the funds made available under this heading,
$317,491,000 shall be for the program under title X of the PHS Act to
provide for voluntary family planning projects: Provided further, That
amounts provided to said projects under such title shall not be
expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That of the funds available under this heading, $1,932,865,000 shall
remain available to the Secretary of HHS through September 30, 2012,
for parts A and B of title XXVI of the PHS Act: Provided further, That
within the amounts provided for part A of title XXVI of the PHS Act,
$6,021,000 shall be available to the Secretary through September 30,
2012, and shall be available to qualifying jurisdictions, within 30
days of enactment, for increasing supplemental grants for fiscal year
2010 to metropolitan and transitional areas that received grant funding
in fiscal year 2009 under subparts I and II of part A of title XXVI of
the PHS Act to ensure that an area's total funding under subparts I and
II of part A for fiscal year 2009, together with the amount of this
additional funding, is not less than 92.4 percent of the amount of such
area's total funding under part A for fiscal year 2006: Provided
further, That notwithstanding section 2603(c)(1) of the PHS Act, the
additional funding to areas under the immediately preceding proviso,
which may be used for costs incurred during fiscal year 2009, shall be
available to the area for obligation from the date of the award through
the end of the grant year for the award: Provided further, That
$835,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the PHS Act: Provided further, That in
addition to amounts provided herein, $25,000,000 shall be available
from amounts available under section 241 of the PHS Act to carry out
parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691
Special Projects of National Significance: Provided further, That
notwithstanding section 703 of Public Law 109-415, authority to carry
out title XXVI of the PHS Act shall continue in effect until October 1,
2010, unless prior to that date, authorization is enacted into law
otherwise extending this authority: Provided further, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security
Act, not to exceed $92,649,000 shall be available for carrying out
special projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $10,400,000 shall be available for
projects described in paragraphs (A) through (F) of section 501(a)(3)
of such Act: Provided further, That notwithstanding section 747(e)(2)
of the PHS Act, not less than $5,000,000 shall be for general dentistry
programs, not less than $5,000,000 shall be for pediatric dentistry
programs including faculty loan repayment, and not less than
$29,025,000 shall be for family medicine programs: Provided further,
That funds provided under section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior year adjustments to awards
made under these sections: Provided further, That of the amount
appropriated in this paragraph, $179,330,000 shall be used for the
projects financing the construction and renovation (including
equipment) of health care and other facilities and for other health-
related activities, and in the amounts, specified under the heading
``Health Resources and Services'' in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act,
and of which up to one percent of the amount for each project may be
used for related agency administrative expenses: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $9,700,000 shall be
available for State Offices of Rural Health: Provided further, That of
the funds provided, $15,000,000 shall be available for the Small Rural
Hospital Improvement Grant Program for quality improvement and adoption
of health information technology: Provided further, That $75,000,000
shall be available for State Health Access Grants to expand access to
affordable health care coverage for the uninsured populations in such
States.</DELETED>

<DELETED>health education assistance loans program account</DELETED>

<DELETED>    Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health Service
Act (``PHS Act''). For administrative expenses to carry out the
guaranteed loan program, including section 709 of the PHS Act,
$2,847,000.</DELETED>

<DELETED>vaccine injury compensation program trust fund</DELETED>

<DELETED>    For payments from the Vaccine Injury Compensation Program
Trust Fund (``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative expenses,
not to exceed $6,502,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.</DELETED>

<DELETED>Centers for Disease Control and Prevention</DELETED>

<DELETED>disease control, research, and training</DELETED>

<DELETED>    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act (``PHS Act''), sections 101,
102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine Safety
and Health Act of 1977, section 13 of the Mine Improvement and New
Emergency Response Act of 2006, sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance
Act of 1980, and for expenses necessary to support activities related
to countering potential biological, nuclear, radiological, and chemical
threats to civilian populations; including purchase and insurance of
official motor vehicles in foreign countries; and purchase, hire,
maintenance, and operation of aircraft, $6,313,032,000 (increased by
$1,000,000), of which $30,000,000 shall remain available until expended
for acquisition of real property, equipment, construction and
renovation of facilities; of which $595,749,000 shall remain available
until expended for the Strategic National Stockpile under section 319F-
2 of the PHS Act; of which $13,455,000 shall be used for the projects,
and in the amounts, specified under the heading ``Disease Control,
Research, and Training'' in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act;
of which $118,979,000 for international HIV/AIDS shall remain available
through September 30, 2011; and of which $70,723,000 shall be available
until expended to provide screening and treatment for first response
emergency services personnel, residents, students, and others related
to the September 11, 2001, terrorist attacks on the World Trade Center:
Provided, That in addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided further,
That with respect to the previous proviso, authorized user fees from
the Vessel Sanitation Program shall be available through September 30,
2011: Provided further, That in addition to amounts provided herein,
the following amounts shall be available from amounts available under
section 241 of the PHS Act: (1) $12,864,000 to carry out the National
Immunization Surveys; (2) $138,683,000 (increased by $1,000,000) to
carry out the National Center for Health Statistics surveys; (3)
$47,386,000 (reduced by $1,000,000) for Public Health Informatics; (4)
$47,036,000 for Health Marketing; (5) $31,170,000 to carry out Public
Health Research; and (6) $91,724,000 to carry out research activities
within the National Occupational Research Agenda: Provided further,
That none of the funds made available for injury prevention and control
at the Centers for Disease Control and Prevention may be used, in whole
or in part, to advocate or promote gun control: Provided further, That
of the funds made available under this heading, up to $1,000 per
eligible employee of the Centers for Disease Control and Prevention
shall be made available until expended for Individual Learning
Accounts: Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502, section 3,
dated November 3, 1990, to activities the Director may so designate:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are to be notified promptly of any such
redirection: Provided further, That not to exceed $20,573,000 may be
available for making grants under section 1509 of the PHS Act to not
less than 21 States, tribes, or tribal organizations: Provided further,
That of the funds appropriated, $10,000 shall be for official reception
and representation expenses when specifically approved by the Director
of the Centers for Disease Control and Prevention: Provided further,
That employees of the Centers for Disease Control and Prevention or the
Public Health Service, both civilian and Commissioned Officers,
detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS Act, or in overseas assignments,
shall be treated as non-Federal employees for reporting purposes only
and shall not be included within any personnel ceiling applicable to
the Agency, Service, or the Department of Health and Human Services
during the period of detail or assignment: Provided further, That none
of the funds appropriated may be used to implement section 2625 of the
PHS Act.</DELETED>
<DELETED>    In addition, for necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program Act,
$55,358,000, to remain available until expended: Provided, That this
amount shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title I of
Public Law 106-554.</DELETED>

<DELETED>National Institutes of Health</DELETED>

<DELETED>national cancer institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $5,150,170,000, of which up
to $8,000,000 may be used for facilities repairs and improvements at
the National Cancer Institute-Frederick Federally Funded Research and
Development Center in Frederick, Maryland.</DELETED>

<DELETED>national heart, lung, and blood institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and blood
diseases, and blood and blood products, $3,123,403,000.</DELETED>

<DELETED>national institute of dental and craniofacial
research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$417,032,000.</DELETED>

<DELETED>national institute of diabetes and digestive and kidney
diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and kidney
disease, $1,824,251,000.</DELETED>

<DELETED>national institute of neurological disorders and
stroke</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and stroke,
$1,650,253,000.</DELETED>

<DELETED>national institute of allergy and infectious
diseases</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious diseases,
$4,859,502,000, of which $500,000,000 shall be derived by transfer from
funds appropriated under the heading ``Biodefense Countermeasures'' in
the Department of Homeland Security Appropriations Act, 2004: Provided,
That $300,000,000 may be made available to International Assistance
Programs ``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'',
to remain available until expended.</DELETED>

<DELETED>national institute of general medical sciences</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$2,069,156,000.</DELETED>

<DELETED>eunice kennedy shriver national institute of child health and
human development</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human development,
$1,341,120,000.</DELETED>

<DELETED>national eye institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual disorders,
$713,072,000.</DELETED>

<DELETED>national institute of environmental health sciences</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$695,497,000.</DELETED>

<DELETED>national institute on aging</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,119,404,000.</DELETED>

<DELETED>national institute of arthritis and musculoskeletal and skin
diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculoskeletal and
skin diseases, $543,621,000.</DELETED>

<DELETED>national institute on deafness and other communication
disorders</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other communication
disorders, $422,308,000.</DELETED>

<DELETED>national institute of nursing research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$146,945,000.</DELETED>

<DELETED>national institute on alcohol abuse and alcoholism</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alcoholism,
$466,308,000.</DELETED>

<DELETED>national institute on drug abuse</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,069,583,000.</DELETED>

<DELETED>national institute of mental health</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,502,266,000.</DELETED>

<DELETED>national human genome research institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$520,311,000.</DELETED>

<DELETED>national institute of biomedical imaging and
bioengineering</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $319,217,000.</DELETED>

<DELETED>national center for research resources</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and general
research support grants, $1,280,031,000.</DELETED>

<DELETED>national center for complementary and alternative
medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and alternative
medicine, $129,953,000.</DELETED>

<DELETED>national center on minority health and health
disparities</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $213,316,000.</DELETED>

<DELETED>john e. fogarty international center</DELETED>

<DELETED>    For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the Public Health Service Act), $70,780,000.</DELETED>

<DELETED>national library of medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public
Health Service Act (``PHS Act'') with respect to health information
communications, $342,585,000, of which $4,000,000 shall be available
until expended for improvement of information systems: Provided, That
in fiscal year 2010, the National Library of Medicine may enter into
personal services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the National
Institutes of Health: Provided further, That in addition to amounts
provided herein, $8,200,000 shall be available from amounts available
under section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and Health Care
Technology established under section 478A of the PHS Act and related
health services.</DELETED>

<DELETED>office of the director</DELETED>

<DELETED>    For carrying out the responsibilities of the Office of the
Director, National Institutes of Health (``NIH''), $1,168,704,000, of
which up to $25,000,000 shall be used to carry out section 214 of this
Act: Provided, That funding shall be available for the purchase of not
to exceed 29 passenger motor vehicles for replacement only: Provided
further, That the NIH is authorized to collect third party payments for
the cost of clinical services that are incurred in NIH research
facilities and that such payments shall be credited to the NIH
Management Fund (``Fund''): Provided further, That all funds credited
to the Fund shall remain available for one fiscal year after the fiscal
year in which they are deposited: Provided further, That up to
$194,400,000 shall be available for continuation of the National
Children's Study: Provided further, That $534,066,000 shall be
available for the Common Fund established under section 402A(c)(1) of
the Public Health Service Act (``PHS Act''): Provided further, That of
the funds provided $10,000 shall be for official reception and
representation expenses when specifically approved by the Director of
the NIH: Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act.</DELETED>

<DELETED>buildings and facilities</DELETED>

<DELETED>    For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the National
Institutes of Health, including the acquisition of real property,
$100,000,000, to remain available until expended.</DELETED>

<DELETED>Substance Abuse and Mental Health Services
Administration</DELETED>

<DELETED>substance abuse and mental health services</DELETED>

<DELETED>    For carrying out titles III, V, and XIX of the Public
Health Service Act (``PHS Act'') with respect to substance abuse and
mental health services and the Protection and Advocacy for Individuals
with Mental Illness Act, $3,419,438,000, of which $10,108,000 shall be
used for the projects, and in the amounts, specified under the heading
``Substance Abuse and Mental Health Services'' in the report of the
Committee on Appropriations of the House of Representatives to
accompany this Act: Provided, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A are
available for carrying out section 1971 of the PHS Act: Provided
further, That $795,000 shall be available until expended for
reimbursing the General Services Administration for environmental
testing and remediation on the federally owned facilities at St.
Elizabeths Hospital, including but not limited to testing and
remediation conducted prior to fiscal year 2010: Provided further, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; (2)
$21,039,000 to carry out subpart I of part B of title XIX of the PHS
Act to fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not
exceed 5 percent of the amounts appropriated for subpart I of part B of
title XIX; (3) $22,750,000 to carry out national surveys on drug abuse
and mental health; and (4) $8,596,000 to collect and analyze data and
evaluate substance abuse treatment programs: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
under this Act for fiscal year 2010.</DELETED>

<DELETED>Agency for Healthcare Research and Quality</DELETED>

<DELETED>healthcare research and quality</DELETED>

<DELETED>    For carrying out titles III and IX of the Public Health
Service Act (``PHS Act''), part A of title XI of the Social Security
Act, and section 1013 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003, amounts received from Freedom of
Information Act fees, reimbursable and interagency agreements, and the
sale of data shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made available
pursuant to section 937(c) of the PHS Act shall not exceed
$372,053,000.</DELETED>

<DELETED>Centers for Medicare and Medicaid Services</DELETED>

<DELETED>grants to states for medicaid</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $220,962,473,000, to remain
available until expended.</DELETED>
<DELETED>    For making, after May 31, 2010, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2010 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.</DELETED>
<DELETED>    For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security Act for
the first quarter of fiscal year 2011, $86,789,382,000, to remain
available until expended.</DELETED>
<DELETED>    Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.</DELETED>

<DELETED>payments to health care trust funds</DELETED>

<DELETED>    For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund, as provided
under sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$207,296,070,000.</DELETED>
<DELETED>    In addition, for making matching payments under section
1844, and benefit payments under section 1860D-16 of the Social
Security Act, not anticipated in budget estimates, such sums as may be
necessary.</DELETED>

<DELETED>program management</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act (``PHS Act''), and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$3,463,362,000, to be transferred from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund,
as authorized by section 201(g) of the Social Security Act; together
with all funds collected in accordance with section 353 of the PHS Act
and section 1857(e)(2) of the Social Security Act, funds retained by
the Secretary of Health and Human Services pursuant to section 302 of
the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall
be credited to this account and remain available until expended:
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That $35,681,000, to remain available
through September 30, 2011, shall be for contract costs for the
Healthcare Integrated General Ledger Accounting System: Provided
further, That $65,600,000, to remain available through September 30,
2011, shall be for the Centers for Medicare and Medicaid Services
(``CMS'') Medicare contracting reform activities: Provided further,
That the Secretary is directed to collect fees in fiscal year 2010 from
Medicare Advantage organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with risk-sharing
contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act: Provided further, That $1,600,000 shall be
used for the projects, and in the amounts, specified under the heading
``Program Management'' in the report of the Committee on Appropriations
of the House of Representatives to accompany this Act: Provided
further, That $65,000,000 shall be available for the State high risk
health insurance pool program as authorized by the State High Risk Pool
Funding Extension Act of 2006.</DELETED>

<DELETED>health care fraud and abuse control account</DELETED>

<DELETED>    In addition to amounts otherwise available for program
integrity and program management, $311,000,000, to remain available
through September 30, 2011, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $220,320,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage and the Medicare Prescription Drug Program authorized in
title XVIII of the Social Security Act and for activities listed in
section 1893 of such Act; of which $29,790,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act; of which $31,100,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities; and of which $29,790,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2010 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation.</DELETED>

<DELETED>Administration for Children and Families</DELETED>

<DELETED>payments to states for child support enforcement and family
support programs</DELETED>

<DELETED>    For making payments to States or other non-Federal
entities under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, $3,571,509,000, to remain
available until expended; and for such purposes for the first quarter
of fiscal year 2011, $1,100,000,000, to remain available until
expended.</DELETED>
<DELETED>    For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title IV-A of
the Social Security Act before the effective date of the program of
Temporary Assistance for Needy Families with respect to such State,
such sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.</DELETED>
<DELETED>    For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles I, IV-D,
X, XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.</DELETED>

<DELETED>low income home energy assistance</DELETED>

<DELETED>    For making payments under subsections (b), (d), and (e) of
section 2602 of the Low Income Home Energy Assistance Act of 1981,
$5,100,000,000, of which $4,509,672,000 shall be for payments under
subsections (b) and (d) of such section; and of which $590,328,000
shall be for payments under subsection (e) of such section, to be made
notwithstanding the designation requirements of such subsection:
Provided, That all but $839,792,000 of the amount provided in this Act
for subsections (b) and (d) shall be allocated as though the total
appropriation for such payments for fiscal year 2010 was less than
$1,975,000,000: Provided further, That notwithstanding section
2605(b)(2)(B)(ii) of such Act, a State may use any amount of an
allotment from prior appropriations Acts that is available to that
State for providing assistance in fiscal year 2010, and any allotment
from funds appropriated in this Act or any other appropriations Act for
fiscal year 2010, to provide assistance to households whose income does
not exceed 75 percent of the State median income.</DELETED>

<DELETED>refugee and entrant assistance</DELETED>

<DELETED>    For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, and the Trafficking Victims Protection Act
of 2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the Torture Victims
Relief Act of 1998, $714,968,000, of which up to $9,814,000 shall be
available to carry out the Trafficking Victims Protection Act of 2000:
Provided, That funds appropriated under this heading pursuant to
section 414(a) of the Immigration and Nationality Act, section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
and the Trafficking Victims Protection Act of 2000 for fiscal year 2010
shall be available for the costs of assistance provided and other
activities to remain available through September 30, 2012.</DELETED>

<DELETED>payments to states for the child care and development block
grant</DELETED>

<DELETED>    For carrying out the Child Care and Development Block
Grant Act of 1990, $2,127,081,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That $18,960,000 shall be available for
child care resource and referral and school-aged child care activities,
of which $1,000,000 shall be for the Child Care Aware toll-free
hotline: Provided further, That, in addition to the amounts required to
be reserved by the States under section 658G, $271,401,000 shall be
reserved by the States for activities authorized under section 658G, of
which $99,534,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $9,910,000 shall be for
use by the Secretary of Health and Human Services for child care
research, demonstration, and evaluation activities.</DELETED>

<DELETED>social services block grant</DELETED>

<DELETED>    For making grants to States pursuant to section 2002 of
the Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX of such Act shall be 10
percent.</DELETED>

<DELETED>children and families services programs</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, sections 310 and 316 of the Family
Violence Prevention and Services Act, the Native American Programs Act
of 1974, title II of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (adoption opportunities), sections 330F and
330G of the Public Health Service Act (``PHS Act''), the Abandoned
Infants Assistance Act of 1988, sections 261 and 291 of the Help
America Vote Act of 2002, part B-1 of title IV and sections 413, 1110,
and 1115 of the Social Security Act; for making payments under the
Community Services Block Grant Act (``CSBG Act''), sections 439(i),
473B, and 477(i) of the Social Security Act, and the Assets for
Independence Act; and for necessary administrative expenses to carry
out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the
Social Security Act, the Act of July 5, 1960, the Low Income Home
Energy Assistance Act of 1981, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act of 1980, $9,436,951,000, of which $39,500,000, to remain available
through September 30, 2011, shall be for grants to States for adoption
incentive payments, as authorized by section 473A of the Social
Security Act and may be made for adoptions completed before September
30, 2010: Provided, That $7,234,783,000 shall be for making payments
under the Head Start Act: Provided further, That of the funds
appropriated in the American Recovery and Reinvestment Act of 2009 for
Head Start and Early Head Start, only the amount provided to a Head
Start grantee under section 640(a)(3)(A)(i)(I) of the Head Start Act as
a cost of living adjustment may be considered to be part of the fiscal
year 2009 base grant for such grantee for purposes of section
640(a)(2)(B)(i) through (v) of the Head Start Act:  Provided further,
That $746,000,000 shall be for making payments under the CSBG Act:
Provided further, That not less than $10,000,000 shall be for section
680(a)(3)(B) of the CSBG Act: Provided further, That in addition to
amounts provided herein, $5,762,000 shall be available from amounts
available under section 241 of the PHS Act to carry out the provisions
of section 1110 of the Social Security Act: Provided further, That to
the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under the CSBG
Act, and have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes: Provided further, That
the Secretary of Health and Human Services shall establish procedures
regarding the disposition of intangible assets and program income that
permit such assets acquired with, and program income derived from,
grant funds authorized under section 680 of the CSBG Act to become the
sole property of such grantees after a period of not more than 12 years
after the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for any
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be available
for financing construction and rehabilitation and loans or investments
in private business enterprises owned by community development
corporations: Provided further, That $17,410,000 shall be for
activities authorized by the Help America Vote Act of 2002, of which
$12,154,000 shall be for payments to States to promote access for
voters with disabilities, and of which $5,256,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $110,000,000 shall be for making
competitive contracts and grants to fund teenage pregnancy prevention
programs and for the Federal costs of administering and evaluating such
contracts and grants, of which not less than $75,000,000 shall be for
programs that replicate the elements of one or more teenage pregnancy
prevention programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy or reduce behavioral risk
factors underlying teenage pregnancy; of which not less than
$25,000,000 shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy: Provided further, that in
addition to amounts provided herein for teenage pregnancy prevention,
$4,455,000 shall be available from amounts under section 241 of the PHS
Act to carry out evaluations (including longitudinal evaluations) of
teenage pregnancy prevention approaches: Provided further, That
$2,000,000 shall be for a human services case management system for
Federally-declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the system:
Provided further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness: Provided further, That of the funds appropriated under
this heading, $1,000,000 shall be transferred to the National
Commission on Children and Disasters to carry out title VI of division
G of Public Law 110-161: Provided further, That $14,819,000 shall be
used for the projects, and in the amounts, specified under the heading
``Children and Families Services Programs'' in the report of the
Committee on Appropriations of the House of Representatives to
accompany this Act.</DELETED>

<DELETED>promoting safe and stable families</DELETED>

<DELETED>    For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,311,000.</DELETED>

<DELETED>payments for foster care and permanency</DELETED>

<DELETED>    For making payments to States or other non-Federal
entities under title IV-E of the Social Security Act,
$5,532,000,000.</DELETED>
<DELETED>    For making payments to States or other non-Federal
entities under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2011, $1,850,000,000.</DELETED>
<DELETED>    For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under section 474 of
title IV-E of the Social Security Act, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.</DELETED>

<DELETED>Administration on Aging</DELETED>

<DELETED>aging services programs</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Older Americans Act of 1965, section 398 and title XXIX of the
Public Health Service Act, and section 119 of the Medicare Improvements
for Patients and Providers Act of 2008, $1,530,881,000, of which
$5,500,000 shall be available for activities regarding medication
management, screening, and education to prevent incorrect medication
and adverse drug reactions: Provided, That $5,079,000 shall be used for
the projects, and in the amounts, specified under the heading ``Aging
Services Programs'' in the report of the Committee on Appropriations of
the House of Representatives to accompany this Act.</DELETED>

<DELETED>Office of the Secretary</DELETED>

<DELETED>general departmental management</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses, not otherwise provided, for
general departmental management, including hire of six sedans, and for
carrying out titles III, IV, XVII, XX, and XXI of the Public Health
Service Act (``PHS Act''), the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the Social
Security Act, $397,601,000 (reduced by $1,000,000), together with
$5,851,000 to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, and $69,756,000 from the amounts available under section
241 of the PHS Act to carry out national health or human services
research and evaluation activities: Provided, That of this amount,
$53,891,000 shall be for minority AIDS prevention and treatment
activities; $5,789,000 shall be to assist Afghanistan in the
development of maternal and child health clinics, consistent with
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002;
and $1,000,000 shall be transferred, not later than 30 days after
enactment of this Act, to the National Institute of Mental Health to
administer the Interagency Autism Coordinating Committee: Provided
further, That of the funds made available under this heading for
carrying out title XX of the PHS Act, $13,120,000 shall be for
activities specified under section 2003(b)(2), of which $9,840,000
shall be for programs that replicate the elements of one or more
teenage pregnancy prevention programs that have been proven effective
through rigorous evaluation to reduce teenage pregnancy or reduce
behavioral risk factors underlying teenage pregnancy, and of which
$3,280,000 shall be for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies
for preventing teen pregnancy, without application of the limitation of
section 2010(c) of such title XX: Provided further, That funds provided
in this Act for embryo adoption activities may be used to provide, to
individuals adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4): Provided further, That $700,000
shall be used for the projects, and in the amounts, specified under the
heading ``General Departmental Management'' in the report of the
Committee on Appropriations of the House of Representatives to
accompany this Act: Provided further, That specific information
requests from the chairmen and ranking members of the Subcommittees on
the Departments of Labor, Health and Human Services, and Education, and
Related Agencies, on scientific research or any other matter, shall be
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate (``Committees on Appropriations'') in a
prompt, professional manner and within the time frame specified in the
request: Provided further, That scientific information, including such
information provided in congressional testimony, requested by the
Committees on Appropriations and prepared by government researchers and
scientists shall be transmitted to the Committees on Appropriations,
uncensored and without delay.</DELETED>

<DELETED>office of medicare hearings and appeals</DELETED>

<DELETED>    For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social Security
Act (and related provisions of title XI of such Act), $71,147,000, to
be transferred in appropriate part from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust
Fund.</DELETED>

<DELETED>office of the national coordinator for health information
technology</DELETED>

<DELETED>    For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including grants,
contracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$61,342,000, which shall be available from amounts available under
section 241 of the Public Health Service Act.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector
General, including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector General
Act of 1978, $50,279,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
of Health and Human Services and investigating non-payment of child
support cases for which non-payment is a Federal offense under 18
U.S.C. 228: Provided further, That at least forty percent of the funds
provided in this Act for the Office of Inspector General shall be used
only for investigations, audits, and evaluations pertaining to the
discretionary programs funded in this Act.</DELETED>

<DELETED>office for civil rights</DELETED>

<DELETED>    For expenses necessary for the Office for Civil Rights,
$37,785,000, together with not to exceed $3,314,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.</DELETED>

<DELETED>retirement pay and medical benefits for commissioned
officers</DELETED>

<DELETED>    For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments under
the Retired Serviceman's Family Protection Plan and Survivor Benefit
Plan, and for medical care of dependents and retired personnel under
the Dependents' Medical Care Act, such amounts as may be required
during the current fiscal year.</DELETED>

<DELETED>public health and social services emergency fund</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses necessary to support activities related to
countering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies and to pay the costs described in section 319F-
2(c)(7)(B) of the Public Health Service Act (``PHS Act''),
$607,482,000; of which $35,565,000 shall be to support preparedness and
emergency operations, of which $5,000,000 shall remain available
through September 30, 2011; and of which $10,000,000, to remain
available through September 30, 2011, shall be to support the delivery
of medical countermeasures: Provided, That of the amount made available
herein for the delivery of medical countermeasures, up to $8,000,000
may be transferred to the U.S. Postal Service to support delivery of
medical countermeasures.</DELETED>
<DELETED>    For expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act, $305,000,000, to
be derived by transfer from funds appropriated under the heading
``Biodefense Countermeasures'' in the Department of Homeland Security
Appropriations Act, 2004, to remain available through September 30,
2011.</DELETED>
<DELETED>    For expenses necessary to prepare for and respond to an
influenza pandemic, $354,167,000, of which $276,000,000 shall be
available until expended, for activities including the development and
purchase of vaccine, antivirals, necessary medical supplies,
diagnostics, and other surveillance tools: Provided, That products
purchased with these funds may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic National
Stockpile under section 319F-2(a) of the PHS Act: Provided further,
That notwithstanding section 496(b) of the PHS Act, funds may be used
for the construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other biologics, if
the Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics: Provided further,
That funds appropriated herein may be transferred to other
appropriation accounts of the Department of Health and Human Services,
as determined by the Secretary to be appropriate, to be used for the
purposes specified in this paragraph.</DELETED>
<DELETED>    All remaining balances from funds appropriated under the
heading ``Biodefense Countermeasures'' in the Department of Homeland
Security Appropriations Act, 2004, shall be transferred to this
account, and shall remain available for obligation through September
30, 2013, for the procurement of medical countermeasures pursuant to
section 319F-2(c) of the PHS Act: Provided, That products purchased
with these funds shall be deposited in the Strategic National Stockpile
under section 319F-2(a) of the PHS Act.</DELETED>
<DELETED>    For expenses necessary for fit-out and other costs related
to a competitive lease procurement to renovate or replace the existing
headquarters building for Public Health Service agencies and other
components of the Department of Health and Human Services, $70,000,000,
to remain available until expended.</DELETED>

<DELETED>General Provisions</DELETED>

<DELETED>    Sec. 201.  Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the Secretary of
Health and Human Services.</DELETED>
<DELETED>    Sec. 202.  The Secretary of Health and Human Services
shall make available through assignment not more than 60 employees of
the Public Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International Children's
Emergency Fund or the World Health Organization.</DELETED>
<DELETED>    Sec. 203.  None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of
Executive Level I.</DELETED>
<DELETED>    Sec. 204.  None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the preparation and submission of a
report by the Secretary of Health and Human Services to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.</DELETED>
<DELETED>    Sec. 205.  Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary of Health and Human
Services shall determine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under such Act shall be made
available for the evaluation (directly, or by grants or contracts) of
the implementation and effectiveness of such programs.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 206.  Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the transfer
authority granted by this section shall be available only to meet
emergency needs and shall not be used to create any new program or to
fund any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15 days
in advance of any transfer.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 207.  The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes and centers from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any
transfer.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 208.  Of the amounts made available in this Act for
the National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the Director
of the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.</DELETED>
<DELETED>    Sec. 209.  None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary of Health and Human Services that it encourages family
participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.</DELETED>
<DELETED>    Sec. 210.  Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.</DELETED>
<DELETED>    Sec. 211.  None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to carry
out the Medicare Advantage program if the Secretary of Health and Human
Services denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because the entity
informs the Secretary that it will not provide, pay for, provide
coverage of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to the
capitation payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity's enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage for such
services and a Medicare Advantage organization described in this
section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.</DELETED>
<DELETED>    Sec. 212. (a) Except as provided by subsection (e) none of
the funds appropriated for fiscal year 2010 or any subsequent fiscal
year by this or any subsequent appropriations Act may be used to
withhold substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (``PHS Act'') if such State certifies
to the Secretary of Health and Human Services by May 1 of the fiscal
year for which the funds are appropriated that the State will commit
additional State funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.</DELETED>
<DELETED>    (b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's substance
abuse block grant allocation for each percentage point by which the
State misses the retailer compliance rate goal established by the
Secretary under section 1926 of such Act.</DELETED>
<DELETED>    (c) The State is to maintain State expenditures in such
fiscal year for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for the preceding fiscal year, and
adding to that level the additional funds for tobacco compliance
activities required under subsection (a). The State is to submit a
report to the Secretary on all State obligations of funds for such
fiscal year and all State expenditures for the preceding fiscal year
for tobacco prevention and compliance activities by program activity by
July 31 of such fiscal year.</DELETED>
<DELETED>    (d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds required by
the certification described in subsection (a) as late as July 31 of
such fiscal year.</DELETED>
<DELETED>    (e) None of the funds appropriated by this or any
subsequent appropriations Act may be used to withhold substance abuse
funding pursuant to section 1926 of the PHS Act from a territory that
receives less than $1,000,000.</DELETED>
<DELETED>    Sec. 213.  In order for the Department of Health and Human
Services to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2010:</DELETED>
<DELETED>    (1) The Secretary of Health and Human Services may
exercise authority equivalent to that available to the
Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956. The Secretary of Health and
Human Services shall consult with the Secretary of State and
relevant Chief of Mission to ensure that the authority provided
in this section is exercised in a manner consistent with
section 207 of the Foreign Service Act of 1980 and other
applicable statutes administered by the Department of
State.</DELETED>
<DELETED>    (2) The Secretary of Health and Human Services is
authorized to provide such funds by advance or reimbursement to
the Secretary of State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and management of
facilities outside of the United States for the use of the
Department of Health and Human Services. The Department of
State shall cooperate fully with the Secretary of Health and
Human Services to ensure that the Department of Health and
Human Services has secure, safe, functional facilities that
comply with applicable regulation governing location, setback,
and other facilities requirements and serve the purposes
established by this Act. The Secretary of Health and Human
Services is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.</DELETED>
<DELETED>    Sec. 214. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of Health
(``Director'') may use funds available under section 402(b)(7) or
402(b)(12) of the Public Health Service Act (``PHS Act'') to enter into
transactions (other than contracts, cooperative agreements, or grants)
to carry out research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities described in
such section 402(b)(12).</DELETED>
<DELETED>    (b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS
Act.</DELETED>
<DELETED>    Sec. 215.  Notwithstanding any other provisions of law,
funds made available under this Act may be used to continue operating
the Council on Graduate Medical Education established by section 301 of
Public Law 102-408.</DELETED>
<DELETED>    Sec. 216.  Not to exceed $35,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes of
Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $2,500,000 per
project.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 217.  Of the amounts made available for the National
Institutes of Health, 1 percent of the amount made available for
National Research Service Awards (``NRSA'') shall be made available to
the Administrator of the Health Resources and Services Administration
to make NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts under
section 747 of the Public Health Service Act, and 1 percent of the
amount made available for NRSA shall be made available to the Director
of the Agency for Healthcare Research and Quality to make NRSA awards
for health service research.</DELETED>
<DELETED>    This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2010''.</DELETED>

<DELETED>TITLE III--DEPARTMENT OF EDUCATION</DELETED>

<DELETED>Education for the Disadvantaged</DELETED>

<DELETED>    For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the Higher
Education Act of 1965, $15,938,215,000, of which $4,850,510,000 shall
become available on July 1, 2010, and shall remain available through
September 30, 2011, and of which $10,841,176,000 shall become available
on October 1, 2010, and shall remain available through September 30,
2011, for academic year 2010-2011: Provided, That $6,597,946,000 shall
be for basic grants under section 1124 of the ESEA: Provided further,
That up to $4,000,000 of these funds shall be available to the
Secretary of Education on October 1, 2009, to obtain annually updated
local educational-agency-level census poverty data from the Bureau of
the Census: Provided further, That $1,365,031,000 shall be for
concentration grants under section 1124A of the ESEA: Provided further,
That $3,264,712,000 shall be for targeted grants under section 1125 of
the ESEA: Provided further, That $3,264,712,000 shall be for education
finance incentive grants under section 1125A of the ESEA: Provided
further, That $9,167,000 shall be to carry out sections 1501 and 1503
of the ESEA: Provided further, That $545,633,000 shall be available for
school improvement grants under section 1003(g) of the ESEA and,
notwithstanding such section, each State educational agency shall
ensure that not less than 50 percent of its allocation of funds under
this proviso is used for evidence-based reading instruction: Provided
further, That State and local educational agencies may use fiscal year
2009 appropriations, and funds appropriated in this Act, for school
improvement grants under section 1003(g) of the ESEA for any school
eligible to receive assistance under part A of title I that has not
made adequate yearly progress for at least two years or is in a State's
lowest quintile of performance based on proficiency rates and, in the
case of secondary schools, priority shall be given to those schools
with graduation rates below 60 percent: Provided further, That the ESEA
title I, part A funds awarded to local educational agencies under the
American Recovery and Reinvestment Act of 2009 for fiscal year 2009
shall not be considered for the purpose of calculating hold-harmless
amounts under subsections 1122(c) and 1125A(g)(3) in making allocations
under title I, part A for fiscal year 2010 and succeeding
years.</DELETED>

<DELETED>Impact Aid</DELETED>

<DELETED>    For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the Elementary
and Secondary Education Act of 1965, $1,290,718,000, of which
$1,151,535,000 shall be for basic support payments under section
8003(b), $48,602,000 shall be for payments for children with
disabilities under section 8003(d), $17,509,000 shall be for
construction under section 8007(a) and shall remain available through
September 30, 2010, $68,208,000 shall be for Federal property payments
under section 8002, and $4,864,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided, That
for purposes of computing the amount of a payment for an eligible local
educational agency under section 8003(a) for school year 2009-2010,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.</DELETED>

<DELETED>School Improvement Programs</DELETED>

<DELETED>    For carrying out school improvement activities authorized
by parts A, B, and D of title II, part B of title IV, subparts 6 and 9
of part D of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of 1965
(``ESEA''); the McKinney-Vento Homeless Assistance Act; section 203 of
the Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,239,644,000 (increased by $5,000,000), of which $3,375,993,000
(increased by $5,000,000) shall become available on July 1, 2010, and
remain available through September 30, 2011, and of which
$1,681,441,000 shall become available on October 1, 2010, and shall
remain available through September 30, 2011, for academic year 2010-
2011: Provided, That funds made available to carry out part B of title
VII of the ESEA may be used for construction, renovation and
modernization of public elementary schools, public secondary schools,
and structures related to public elementary schools and secondary
schools, if such construction, renovation, or modernization would
support achievement of the purposes of that part: Provided further,
That funds made available to carry out part C of title VII of the ESEA
may be used for construction: Provided further, That the Secretary
shall implement part C of title VII of the ESEA without regard to the
requirements of section 7304(d)(2): Provided further, That up to 100
percent of the funds available to a State educational agency under part
D of title II of the ESEA may be used for subgrants described in
section 2412(a)(2)(B) of such Act: Provided further, That $57,113,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002: Provided further, That $26,328,000
shall be available to carry out part D of title V of the ESEA: Provided
further, That no funds appropriated under this heading may be used to
carry out section 5494 under the ESEA: Provided further, That
$17,687,000 shall be available to carry out the Supplemental Education
Grants program for the Federated States of Micronesia and the Republic
of the Marshall Islands: Provided further, That up to 5 percent of
these amounts may be reserved by the Federated States of Micronesia and
the Republic of the Marshall Islands to administer the Supplemental
Education Grants programs and to obtain technical assistance, oversight
and consultancy services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and Human
Services, and Education for such services: Provided further, That
$9,360,000 of the funds available for the Foreign Language Assistance
Program shall be available for 5-year grants to local educational
agencies that would work in partnership with one or more institutions
of higher education to establish or expand articulated programs of
study in languages critical to United States national security that
will enable successful students to advance from elementary school
through college to achieve a superior level of proficiency in those
languages.</DELETED>

<DELETED>Indian Education</DELETED>

<DELETED>    For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and Secondary
Education Act of 1965, $132,282,000.</DELETED>

<DELETED>Innovation and Improvement</DELETED>

<DELETED>    For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts B, C, and D
of title V, and section 1504 of the Elementary and Secondary Education
Act of 1965 (``ESEA''), and by part F of title VIII of the Higher
Education Act of 1965, $1,353,363,000 (reduced by $6,000,000):
Provided, That $10,649,000 shall be provided to the National Board for
Professional Teaching Standards to carry out section 2151(c) of the
ESEA, including $1,000,000 to develop a National Board certification
for principals of elementary and secondary schools: Provided further,
That from funds for subpart 4, part C of title II of the ESEA, up to 3
percent shall be available to the Secretary of Education for technical
assistance and dissemination of information: Provided further, That
$666,530,000 (reduced by $9,000,000) shall be available to carry out
part D of title V of the ESEA: Provided further, That $51,732,000 shall
be used for the projects, and in the amounts, specified under the
heading ``Innovation and Improvement'' in the report of the Committee
on Appropriations of the House of Representatives to accompany this
Act: Provided further, That $445,864,000 of the funds for subpart 1 of
part D of title V of the ESEA shall be for competitive grants to local
educational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one non-profit
organization to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in high-need
schools: Provided further, That such performance-based compensation
systems must consider gains in student academic achievement as well as
classroom evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided further,
That up to 5 percent of such funds for competitive grants shall be
available for technical assistance, training, peer review of
applications, program outreach and evaluation activities: Provided
further, That from funds for subpart 1 of part D of title V of the
ESEA, up to $10,000,000 shall be available to carry out activities
authorized under section 2151(a) of the ESEA: Provided further, That of
the funds available for section 2151(b), $5,000,000 shall be available
to continue a national school leadership partnership initiative as
described under this heading in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act:
Provided further, That of the funds available for part B of title V,
the Secretary shall use up to $21,031,000 to carry out activities under
section 5205(b) and under subpart 2, and shall use not less than
$195,000,000 to carry out other activities authorized under subpart 1:
Provided further, That of the funds available for subpart 1 of part B
of title V of the ESEA, and notwithstanding section 5205(a), the
Secretary may reserve up to $20,000,000 (increased by $10,000,000) to
make multiple awards to charter management organizations and other
entities for the replication and expansion of successful charter school
models and may reserve up to $10,000,000 to carry out the activities
described in section 5205(a), including by providing technical
assistance to authorized public chartering agencies in order to
increase the number of high-performing charter schools: Provided
further, That each application submitted pursuant to section 5203(a)
shall describe a plan to monitor and hold accountable authorized public
chartering agencies through such activities as providing technical
assistance or establishing a professional development program, which
may include planning, training and systems development for staff of
authorized public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold accountable
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each authorized
charter school in the State operate under a legally binding charter or
performance contract between itself and the school's authorized public
chartering agency that describes the obligations and responsibilities
of the school and the public chartering agency; conduct annual, timely,
and independent audits of the school's financial statements that are
filed with the school's authorized public chartering agency; and
demonstrate improved student academic achievement; and (2) authorized
public chartering agencies use increases in student academic
achievement for all groups of students described in section
1111(b)(2)(C)(v) of the ESEA as the most important factor when
determining to renew or revoke a school's charter: Provided further,
That $6,965,000 of the funds available to carry out subpart I of part D
of title V of the ESEA shall be used for the Reach Out and Read
program.</DELETED>

<DELETED>State Fiscal Stabilization Fund, Recovery Act</DELETED>

<DELETED>    For an additional amount for the Innovation Fund
established pursuant to section 14007 of division A of the American
Recovery and Reinvestment Act of 2009, $3,000,000.</DELETED>

<DELETED>Safe Schools and Citizenship Education</DELETED>

<DELETED>    For carrying out activities authorized by subpart 3 of
part C of title II, part A of title IV, and subparts 2 and 10 of part D
of title V of the Elementary and Secondary Education Act of 1965,
$395,753,000: Provided, That $195,041,000 shall be available for
subpart 2 of part A of title IV, of which $2,000,000, to remain
available until expended, shall be for the Project School Emergency
Response to Violence (``Project SERV'') program to provide education-
related services to local educational agencies and to institutions of
higher education in which the learning environment has been disrupted
due to a violent or traumatic crisis: Provided further, That
$133,000,000 shall be available to carry out part D of title V:
Provided further, That of the funds available to carry out subpart 3 of
part C of title II, up to $13,383,000 may be used to carry out section
2345 and $2,957,000 shall be used by the Center for Civic Education to
implement a comprehensive program to improve public knowledge,
understanding, and support of the Congress and the State
legislatures.</DELETED>

<DELETED>English Language Acquisition</DELETED>

<DELETED>    For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $760,000,000, which shall become
available on July 1, 2010, and shall remain available through September
30, 2011, except that 6.5 percent of such amount shall be available on
October 1, 2009, and shall remain available through September 30, 2011,
to carry out activities under section 3111(c)(1)(C): Provided, That the
Secretary of Education shall use estimates of the American Community
Survey child counts for the most recent 3-year period available to
calculate allocations under such part.</DELETED>

<DELETED>Special Education</DELETED>

<DELETED>    For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and Empowerment
Act of 2004, $12,579,677,000, of which $3,726,354,000 shall become
available on July 1, 2010, and shall remain available through September
30, 2011, and of which $8,592,383,000 shall become available on October
1, 2010, and shall remain available through September 30, 2011, for
academic year 2010-2011: Provided, That $13,250,000 shall be for
Recording for the Blind and Dyslexic, Inc., to support the development,
production, and circulation of accessible educational materials:
Provided further, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2009, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percentage change
in the funds appropriated under section 611(i) of the IDEA, but not
less than the amount for that activity during fiscal year 2009:
Provided further, That funds made available for the Special Olympics
Sport and Empowerment Act of 2004 may be used to support expenses
associated with the Special Olympics National and World
games.</DELETED>

<DELETED>Rehabilitation Services and Disability Research</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, the Assistive Technology Act of 1998,
and the Helen Keller National Center Act, $3,504,305,000: Provided,
That $2,570,000 shall be used for the projects, and in the amounts,
specified under the heading ``Rehabilitation Services and Disability
Research'' in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act.</DELETED>

<DELETED>Special Institutions for Persons With Disabilities</DELETED>

<DELETED>american printing house for the blind</DELETED>

<DELETED>    For carrying out the Act of March 3, 1879,
$22,599,000.</DELETED>

<DELETED>national technical institute for the deaf</DELETED>

<DELETED>    For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986, $68,437,000,
of which $5,400,000 shall be for construction and shall remain
available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.</DELETED>

<DELETED>gallaudet university</DELETED>

<DELETED>    For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $120,000,000, of which $2,000,000 shall be for construction and
shall remain available until expended: Provided, That from the total
amount available, the University may at its discretion use funds for
the endowment program as authorized under section 207 of such
Act.</DELETED>

<DELETED>Career, Technical, and Adult Education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Career and Technical Education Act of 2006, the
Adult Education and Family Literacy Act (``AEFLA''), subpart 4 of part
D of title V of the Elementary and Secondary Education Act of 1965
(``ESEA'') and title VIII-D of the Higher Education Amendments of 1998,
$2,016,447,000, of which $4,400,000 shall become available on October
1, 2009, and remain available through September 30, 2011, of which
$1,221,047,000 shall become available on July 1, 2010, and shall remain
available through September 30, 2011, and of which $791,000,000 shall
become available on October 1, 2010, and shall remain available through
September 30, 2011: Provided, That in allocating AEFLA State grants,
the Secretary of Education shall first distribute up to $45,907,000 to
those States that, due to administrative error, were underpaid for
fiscal years 2003 through 2008 in the amounts such States were
underpaid: Provided further, That the Secretary shall not reduce the
allocations for those years to the States that were overpaid through
such error, or take other corrective action with respect to those
overpayments: Provided further, That the additional funds provided to
States to correct the administrative error shall not be considered in
determining the ``hold harmless'' amounts under section 211(f) of the
AEFLA for fiscal year 2011 or subsequent fiscal years: Provided
further, That of the amount provided for Adult Education State Grants,
$75,000,000 shall be made available for integrated English literacy and
civics education services to immigrants and other limited English
proficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, notwithstanding
section 211 of the AEFLA, 65 percent shall be allocated to States based
on a State's absolute need as determined by calculating each State's
share of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent allocated to
States that experienced growth as measured by the average of the 3 most
recent years for which United States Citizenship and Immigration
Services data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount less than
$60,000: Provided further, That of the amounts made available for
AEFLA, $11,346,000 shall be for national leadership activities under
section 243: Provided further, That $88,000,000 shall be available to
support the activities authorized under subpart 4 of part D of title V
of the ESEA, of which up to 5 percent shall become available on October
1, 2009, and shall remain available through September 30, 2011, for
evaluation, technical assistance, school networks, peer review of
applications, and program outreach activities, and of which not less
than 95 percent shall become available on July 1, 2010, and remain
available through September 30, 2011, for grants to local educational
agencies: Provided further, That funds made available to local
educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities within
large high schools or small high schools that provide alternatives for
students enrolled in large high schools: Provided further, That the
Secretary of Education may use amounts available under this heading for
the necessary costs of any closeout of the National Institute for
Literacy.</DELETED>

<DELETED>Student Financial Assistance</DELETED>

<DELETED>(including deferral of funds)</DELETED>

<DELETED>    For carrying out subparts 1, 3, and 4 of part A, part C
and part E of title IV of the Higher Education Act of 1965,
$19,634,905,000, which shall remain available through September 30,
2011.</DELETED>
<DELETED>    The maximum Pell Grant for which a student shall be
eligible during award year 2010-2011 shall be $4,860.</DELETED>
<DELETED>    Of the funds made available under section 401A(e)(1)(D) of
the Higher Education Act of 1965, $511,000,000 shall not be available
until October 1, 2010.</DELETED>

<DELETED>Student Aid Administration</DELETED>

<DELETED>    For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 4, and 9 of part A, and parts B, C, D, and
E of title IV of the Higher Education Act of 1965, $870,402,000, which
shall remain available until expended.</DELETED>

<DELETED>Higher Education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education Act of 1965
(``HEA''), section 1543 of the Higher Education Amendments of 1992, the
Mutual Educational and Cultural Exchange Act of 1961, title VIII of the
Higher Education Amendments of 1998, and section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006, $2,293,882,000
(increased by $1,000,000): Provided, That $9,687,000, to remain
available through September 30, 2011, shall be available to fund
fellowships for academic year 2011-2012 under subpart 1 of part A of
title VII of the HEA, under the terms and conditions of such subpart 1:
Provided further, That $609,000 shall be for data collection and
evaluation activities for programs under the HEA, including such
activities needed to comply with the Government Performance and Results
Act of 1993: Provided further, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government,
the professions, or international development: Provided further, That
of the funds referred to in the preceding proviso up to 1 percent may
be used for program evaluation, national outreach, and information
dissemination activities: Provided further, That notwithstanding any
other provision of law, a recipient of a multi-year award under section
316 of the HEA, as that section was in effect prior to the date of
enactment of the Higher Education Opportunity Act (``HEOA''), that
would have otherwise received a continuation award for fiscal year 2010
under that section, shall receive under section 316, as amended by the
HEOA, not less than the amount that such recipient would have received
under such a continuation award: Provided further, That the portion of
the funds received under section 316 by a recipient described in the
preceding proviso that is equal to the amount of such continuation
award shall be used in accordance with the terms of such continuation
award: Provided further, That $1,000,000, to remain available until
expended, shall be available to carry out a scholarship program for the
purpose of increasing the skilled workforce for industrial health and
safety occupations, including mine safety: Provided further, That the
Secretary of Education shall identify these scholarships as ``Erma Byrd
Scholarships'': Provided further, That such scholarships shall be
awarded without regard to an applicant's prior work experience, but the
Secretary shall, notwithstanding section 437 of the General Education
Provisions Act and 5 U.S.C. 553, by notice in the Federal Register,
establish the eligibility requirements, service obligations, payback
requirements, and other program requirements similar to those specified
in section 515 of the Federal Mine Safety and Health Act as are
necessary to implement such a program: Provided further, That such
scholarship funds may be used to replace a student's expected family
contribution, but institutions accepting such scholarship funds may not
use these funds to supplant existing institutional aid: Provided
further, That the Secretary shall be authorized to accept contributions
for such scholarships from private sources: Provided further, That
these funds shall be used for scholarships for academic year 2010-2011
and may be available for scholarships in academic year 2011-2012:
Provided further, That of the funds available under part B of title VII
of the HEA, $1,000,000 shall be used to implement section 891 of the
HEA: Provided further, That $68,247,000 shall be used for the projects,
and in the amounts, specified under the heading ``Higher Education'' in
the report of the Committee on Appropriations of the House of
Representatives to accompany this Act.</DELETED>

<DELETED>Howard University</DELETED>

<DELETED>    For partial support of Howard University, $234,977,000, of
which not less than $3,600,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.</DELETED>

<DELETED>College Housing and Academic Facilities Loans
Program</DELETED>

<DELETED>    For Federal administrative expenses to carry out
activities related to existing facility loans pursuant to section 121
of the Higher Education Act of 1965, $461,000.</DELETED>

<DELETED>Historically Black College and University Capital Financing
Program Account</DELETED>

<DELETED>    For the cost of guaranteed loans, $20,228,000, as
authorized pursuant to part D of title III of the Higher Education Act
of 1965 (``HEA''): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $178,221,000.</DELETED>
<DELETED>    In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA,
$354,000.</DELETED>

<DELETED>Institute of Education Sciences</DELETED>

<DELETED>    For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $664,256,000, of which $593,606,000 shall
be available through September 30, 2011: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance Act
may be used for Statewide data systems that include postsecondary and
workforce information and information on children of all ages: Provided
further, That up to $10,000,000 of the funds available to carry out
section 208 of the Educational Technical Assistance Act may be used for
State data coordinators and for awards to public or private
organizations or agencies to improve data coordination, quality, and
use.</DELETED>

<DELETED>Departmental Management</DELETED>

<DELETED>program administration</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $452,200,000, of which $8,200,000, to remain
available until expended, shall be for relocation of, and renovation of
buildings occupied by, Department staff.</DELETED>

<DELETED>office for civil rights</DELETED>

<DELETED>    For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $103,024,000.</DELETED>

<DELETED>office of the inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of Education
Organization Act, $60,053,000.</DELETED>

<DELETED>General Provisions</DELETED>

<DELETED>    Sec. 301.  No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.</DELETED>
<DELETED>    Sec. 302.  None of the funds contained in this Act shall
be used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student's home, except for a student requiring special education, to
the school offering such special education, in order to comply with
title VI of the Civil Rights Act of 1964. For the purpose of this
section an indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.</DELETED>
<DELETED>    Sec. 303.  No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer and
meditation in the public schools.</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 304.  Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any
transfer.</DELETED>
<DELETED>    Sec. 305.  The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under part A of
title V of the Elementary and Secondary Education Act.</DELETED>
<DELETED>    Sec. 306.  None of the funds made available in the fifth
proviso under the heading ``Innovation and Improvement'' in this Act
shall be made available for new awards under the Teacher Incentive Fund
prior to the submission of an impact evaluation plan to the Committees
on Appropriations of the House of Representatives and the
Senate.</DELETED>
<DELETED>    Sec. 307.  Section 14007 of division A of the American
Recovery and Reinvestment Act of 2009 is amended--</DELETED>
<DELETED>    (1) by amending subsection (a)(3) to read as
follows:</DELETED>
<DELETED>    ``(3) Purpose of awards.--The Secretary shall make
awards to eligible entities in order to identify, document, and
bring to scale innovative best practices based on demonstrated
success, to allow such eligible entities to--</DELETED>
<DELETED>    ``(A) expand their work and serve as
models for best practices; and</DELETED>
<DELETED>    ``(B) work in partnership with the private
sector and the philanthropic community.'';</DELETED>
<DELETED>    (2) in subsection (b)--</DELETED>
<DELETED>    (A) by redesignating paragraphs (1)
through (4) as paragraphs (1)(A), (1)(B), (2), and (3),
respectively;</DELETED>
<DELETED>    (B) in paragraph (1)(A), as so
redesignated, by inserting ``or'' after the
semicolon;</DELETED>
<DELETED>    (C) by amending paragraph (1)(B), as so
redesignated, to read as follows:</DELETED>
<DELETED>    ``(B) have demonstrated success in significantly
increasing student academic achievement for all groups of
students described in such section;''; and</DELETED>
<DELETED>    (D) in paragraph (3), as so redesignated,
by striking ``they have established partnerships'' and
inserting ``it has established one or more
partnerships'';</DELETED>
<DELETED>    (3) in subsection (c), by striking ``paragraphs''
and all that follows through ``such requirements'' and
inserting ``paragraphs (1)(A) or (1)(B) and (2) of subsection
(b) if the nonprofit organization has a record of significantly
improving student achievement, attainment, or retention and
shall be considered to have met the requirements of subsection
(b)(3) if it demonstrates that it will meet the requirement
relating to private-sector matching''; and</DELETED>
<DELETED>    (4) by adding at the end a new subsection (d) to
read as follows:</DELETED>
<DELETED>    ``(d) Subgrants.--In the case of an eligible entity that
is a partnership described in subsection (a)(1)(B), the partner serving
as the fiscal agent may make subgrants to one or more of the other
entities in the partnership.''.</DELETED>
<DELETED>    This title may be cited as the ``Department of Education
Appropriations Act, 2010''.</DELETED>

<DELETED>TITLE IV--RELATED AGENCIES</DELETED>

<DELETED>Committee for Purchase From People Who Are Blind or Severely
Disabled</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public Law 92-
28, $5,396,000.</DELETED>

<DELETED>Corporation for National and Community Service</DELETED>

<DELETED>operating expenses</DELETED>

<DELETED>    For necessary expenses for the Corporation for National
and Community Service (``the Corporation'') to carry out the Domestic
Volunteer Service Act of 1973 (``1973 Act'') and the National and
Community Service Act of 1990 (``1990 Act''), $792,179,000, of which
$318,832,000 shall be to carry out the 1973 Act and $473,347,000 shall
be to carry out the 1990 Act and notwithstanding sections 198B(b)(3),
198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That
of the amounts provided under this heading: (1) up to 1 percent of
program grant funds may be used to defray the costs of conducting grant
application reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $35,000,000 shall be
available for expenses authorized under section 501(a)(4)(E) of the
1990 Act; (3) $7,500,000 shall be available for expenses to carry out
sections 112(e), 179A, and 198O and subtitle J of title I of the 1990
Act, notwithstanding section 501(a)(6) of the 1990 Act; (4) $5,000,000
shall be available for grants to public or private nonprofit
institutions to increase the participation of individuals with
disabilities in national service and for demonstration activities in
furtherance of this purpose, notwithstanding section 129(k)(1) of the
1990 Act; and (5) $17,000,000 shall be available to provide assistance
to State commissions on national and community service, under section
126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the
1990 Act.</DELETED>

<DELETED>national service trust</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses for the National Service Trust
established under subtitle D of title I of the National and Community
Service Act of 1990 (``1990 Act''), $178,214,000, to remain available
until expended: Provided, That the Corporation for National and
Community Service may transfer additional funds from the amount
provided within ``Operating Expenses'' allocated to grants under
subtitle C of title I of the 1990 Act to the National Service Trust
upon determination that such transfer is necessary to support the
activities of national service participants and after notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate:  Provided further, That amounts
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).</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of administration as provided under
section 501(a)(5) of the National and Community Service Act of 1990 and
under section 504(a) of the Domestic Volunteer Service Act of 1973,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $80,923,000.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>    For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$7,700,000.</DELETED>

<DELETED>administrative provisions</DELETED>

<DELETED>    Sec. 401.  The Corporation for National and Community
Service (``the Corporation'') shall make any significant changes to
program requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2010, during any grant
selection process, an officer or employee of the Corporation shall not
knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of the Corporation that is authorized by the
Corporation to receive such information.</DELETED>
<DELETED>    Sec. 402.  AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum share
requirement of 24 percent for the first three years that they receive
AmeriCorps funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the National and Community Service Act of 1990, and
subject to partial waiver consistent with section 2521.70 of title 45,
Code of Federal Regulations.</DELETED>
<DELETED>    Sec. 403.  Donations made to the Corporation for National
and Community Service under section 196 of the National and Community
Service Act of 1990 (``1990 Act'') for the purposes of financing
programs and operations under titles I and II of the 1973 Act or
subtitle B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.</DELETED>

<DELETED>Corporation for Public Broadcasting</DELETED>

<DELETED>    For payment to the Corporation for Public Broadcasting
(``Corporation''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by that
Act, for the fiscal year 2012, $440,000,000: Provided, That none of the
funds made available to the Corporation by this Act shall be used to
pay for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds made available to the Corporation by this Act shall be available
or used to aid or support any program or activity from which any person
is excluded, or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex: Provided
further, That none of the funds made available to the Corporation by
this Act shall be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of the Corporation:
Provided further, That none of the funds made available to the
Corporation by this Act shall be used to support the Television Future
Fund or any similar purpose. In addition, for payment to the
Corporation for fiscal year 2010, $76,000,000 as follows:</DELETED>
<DELETED>    (1) $40,000,000 shall be for fiscal stabilization
grants to public radio and television licensees, with no
deduction for administrative or other costs of the Corporation,
to maintain local programming and services and preserve jobs
threatened by declines in non-Federal revenues due to the
downturn in the economy, to be awarded no later than 45 days
after enactment of this Act.</DELETED>
<DELETED>    (2) $36,000,000 shall be for costs related to
digital program production, development, and distribution,
associated with the transition of public broadcasting to
digital broadcasting, to be awarded as determined by the
Corporation in consultation with public radio and television
licensees or permittees, or their designated
representatives.</DELETED>
<DELETED>    In addition, for fiscal year 2010, $25,000,000 is
available pursuant to section 396(k)(10) of the Communications Act of
1934 for replacement and upgrade of the public radio interconnection
system.</DELETED>

<DELETED>Federal Mediation and Conciliation Service</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions vested in
it by the Labor Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978; and for expenses necessary for the
Service to carry out the functions vested in it by the Civil Service
Reform Act, $47,000,000, including $650,000 to remain available through
September 30, 2011, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training activities
and other conflict resolution services and technical assistance,
including those provided to foreign governments and international
organizations, and for arbitration services shall be credited to and
merged with this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be available
only for education, training, and professional development of the
agency workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.</DELETED>

<DELETED>Federal Mine Safety and Health Review Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Federal Mine Safety and
Health Review Commission, $9,858,000.</DELETED>

<DELETED>Institute of Museum and Library Services</DELETED>

<DELETED>office of museum and library services: grants and
administration</DELETED>

<DELETED>    For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and Culture
Act, $275,688,000, of which $10,132,000 shall be used for the projects,
and in the amounts, specified under the heading ``Office of Museum and
Library Services: Grants and Administration'' in the report of the
Committee on Appropriations of the House of Representatives
accompanying this Act.</DELETED>

<DELETED>Medicare Payment Advisory Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary to carry out section 1805 of the
Social Security Act, $11,800,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund.</DELETED>

<DELETED>National Council on Disability</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act of 1973,
$3,271,000.</DELETED>

<DELETED>National Labor Relations Board</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $283,400,000: Provided, That no
part of this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.</DELETED>

<DELETED>National Mediation Board</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $12,992,000.</DELETED>

<DELETED>Occupational Safety and Health Review Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Occupational Safety and
Health Review Commission, $11,712,000.</DELETED>

<DELETED>Railroad Retirement Board</DELETED>

<DELETED>dual benefits payments account</DELETED>

<DELETED>    For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act of 1974,
$64,000,000, which shall include amounts becoming available in fiscal
year 2010 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in
addition, an amount, not to exceed 2 percent of the amount provided
herein, shall be available proportional to the amount by which the
product of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits: Provided, That
the total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal
year.</DELETED>

<DELETED>federal payments to the railroad retirement accounts</DELETED>

<DELETED>    For payment to the accounts established in the Treasury
for the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available
through September 30, 2011, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law 98-76.</DELETED>

<DELETED>limitation on administration</DELETED>

<DELETED>    For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $109,073,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.</DELETED>

<DELETED>limitation on the office of inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General
(``Office'') for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, not more than
$8,186,000, to be derived from the railroad retirement accounts and
railroad unemployment insurance account: Provided, That none of the
funds made available in any other paragraph of this Act may be
transferred to the Office; used to carry out any such transfer; used to
provide any office space, equipment, office supplies, communications
facilities or services, maintenance services, or administrative
services for the Office; used to pay any salary, benefit, or award for
any personnel of the Office; used to pay any other operating expense of
the Office; or used to reimburse the Office for any service provided,
or expense incurred, by the Office, except as permitted pursuant to the
last proviso under this heading in division G of the Consolidated
Appropriations Act, 2008.</DELETED>

<DELETED>Social Security Administration</DELETED>

<DELETED>payments to social security trust funds</DELETED>

<DELETED>    For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social Security
Act, $20,404,000.</DELETED>

<DELETED>supplemental security income program</DELETED>

<DELETED>    For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66,
as amended, and section 405 of Public Law 95-216, including payment to
the Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$34,742,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.</DELETED>
<DELETED>    For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year, such
sums as may be necessary.</DELETED>
<DELETED>    For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2011,
$16,000,000,000, to remain available until expended.</DELETED>

<DELETED>limitation on administrative expenses</DELETED>

<DELETED>    For necessary expenses, including the hire of two
passenger motor vehicles, and not to exceed $40,000 for official
reception and representation expenses, not more than $10,800,500,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to
therein: Provided, That not less than $2,300,000 shall be for the
Social Security Advisory Board: Provided further, That unobligated
balances of funds provided under this paragraph at the end of fiscal
year 2010 not needed for fiscal year 2010 shall remain available until
expended to invest in the Social Security Administration information
technology and telecommunications hardware and software infrastructure,
including related equipment and non-payroll administrative expenses
associated solely with this information technology and
telecommunications infrastructure: Provided further, That reimbursement
to the trust funds under this heading for expenditures for official
time for employees of the Social Security Administration pursuant to 5
U.S.C. 7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures referred
to in section 7135(b) of such title shall be made by the Secretary of
the Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such expenditures are
made.</DELETED>
<DELETED>    From funds provided under the first paragraph, not less
than $273,000,000 shall be available for the cost associated with
conducting continuing disability reviews under titles II and XVI of the
Social Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act.</DELETED>
<DELETED>    In addition to the amounts made available above, and
subject to the same terms and conditions, $485,000,000, for additional
continuing disability reviews and redeterminations of eligibility, of
which, upon a determination by the Office of the Chief Actuary that
such initiative would be at least as cost effective as redeterminations
of eligibility, up to $34,000,000 shall be available for one or more
initiatives to improve asset verification: Provided, That the
Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these
additional amounts, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through
2002.</DELETED>
<DELETED>    In addition, $160,000,000 to be derived from
administration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain available
until expended. To the extent that the amounts collected pursuant to
such sections in fiscal year 2010 exceed $160,000,000, the amounts
shall be available in fiscal year 2011 only to the extent provided in
advance in appropriations Acts.</DELETED>
<DELETED>    In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security Protection
Act, which shall remain available until expended.</DELETED>

<DELETED>office of inspector general</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978,
$29,000,000, together with not to exceed $73,682,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.</DELETED>
<DELETED>    In addition, an amount not to exceed 3 percent of the
total provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available for the
time and purposes for which this account is available: Provided, That
notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House of Representatives and the
Senate.</DELETED>

<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

<DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 501.  The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current
appropriations provided in this Act. Such transferred balances shall be
used for the same purpose, and for the same periods of time, for which
they were originally appropriated.</DELETED>
<DELETED>    Sec. 502.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED>    Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.</DELETED>
<DELETED>    (b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before the
Congress or any State legislature.</DELETED>
<DELETED>    Sec. 504.  The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses under
titles I and III, respectively, for official reception and
representation expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for official
reception and representation expenses not to exceed $5,000 from the
funds available for ``Federal Mediation and Conciliation Service,
Salaries and Expenses''; and the Chairman of the National Mediation
Board is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.</DELETED>
<DELETED>    Sec. 505.  When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients
of Federal research grants, shall clearly state--</DELETED>
<DELETED>    (1) the percentage of the total costs of the
program or project which will be financed with Federal
money;</DELETED>
<DELETED>    (2) the dollar amount of Federal funds for the
project or program; and</DELETED>
<DELETED>    (3) percentage and dollar amount of the total
costs of the project or program that will be financed by non-
governmental sources.</DELETED>
<DELETED>    Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.</DELETED>
<DELETED>    (b) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for health benefits coverage that includes
coverage of abortion.</DELETED>
<DELETED>    (c) The term ``health benefits coverage'' means the
package of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.</DELETED>
<DELETED>    Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--</DELETED>
<DELETED>    (1) if the pregnancy is the result of an act of
rape or incest; or</DELETED>
<DELETED>    (2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including a life-endangering physical condition caused by or
arising from the pregnancy itself, that would, as certified by
a physician, place the woman in danger of death unless an
abortion is performed.</DELETED>
<DELETED>    (b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).</DELETED>
<DELETED>    (c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).</DELETED>
<DELETED>    (d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.</DELETED>
<DELETED>    (2) In this subsection, the term ``health care entity''
includes an individual physician or other health care professional, a
hospital, a provider-sponsored organization, a health maintenance
organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.</DELETED>
<DELETED>    Sec. 508. (a) None of the funds made available in this Act
may be used for--</DELETED>
<DELETED>    (1) the creation of a human embryo or embryos for
research purposes; or</DELETED>
<DELETED>    (2) research in which a human embryo or embryos
are destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).</DELETED>
<DELETED>    (b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human subject
under 45 CFR 46 as of the date of the enactment of this Act, that is
derived by fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.</DELETED>
<DELETED>    Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of any drug
or other substance included in schedule I of the schedules of
controlled substances established under section 202 of the Controlled
Substances Act except for normal and recognized executive-congressional
communications.</DELETED>
<DELETED>    (b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic
advantage.</DELETED>
<DELETED>    Sec. 510.  None of the funds made available in this Act
may be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for the
assignment of, a unique health identifier for an individual (except in
an individual's capacity as an employer or a health care provider),
until legislation is enacted specifically approving the
standard.</DELETED>
<DELETED>    Sec. 511.  None of the funds made available in this Act
may be obligated or expended to enter into or renew a contract with an
entity if--</DELETED>
<DELETED>    (1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38 U.S.C.
4212(d) regarding submission of an annual report to the
Secretary of Labor concerning employment of certain veterans;
and</DELETED>
<DELETED>    (2) such entity has not submitted a report as
required by that section for the most recent year for which
such requirement was applicable to such entity.</DELETED>
<DELETED>    Sec. 512.  None of the funds made available in this Act
may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation
Act.</DELETED>
<DELETED>    Sec. 513.  None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made available
to any library covered by paragraph (1) of section 224(f) of such Act,
as amended by the Children's Internet Protection Act, unless such
library has made the certifications required by paragraph (4) of such
section.</DELETED>
<DELETED>    Sec. 514.  None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary Education
Act of 1965 may be made available to any elementary or secondary school
covered by paragraph (1) of section 2441(a) of such Act, as amended by
the Children's Internet Protection Act and the No Child Left Behind
Act, unless the local educational agency with responsibility for such
covered school has made the certifications required by paragraph (2) of
such section.</DELETED>
<DELETED>    Sec. 515. (a) None of the funds provided under this Act,
or provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure in
fiscal year 2010, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--</DELETED>
<DELETED>    (1) creates new programs;</DELETED>
<DELETED>    (2) eliminates a program, project, or
activity;</DELETED>
<DELETED>    (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or
restricted;</DELETED>
<DELETED>    (4) relocates an office or employees;</DELETED>
<DELETED>    (5) reorganizes or renames offices;</DELETED>
<DELETED>    (6) reorganizes programs or activities;
or</DELETED>
<DELETED>    (7) contracts out or privatizes any functions or
activities presently performed by Federal employees;</DELETED>
<DELETED>unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.</DELETED>
<DELETED>    (b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2010, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--</DELETED>
<DELETED>    (1) augments existing programs, projects
(including construction projects), or activities;</DELETED>
<DELETED>    (2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or</DELETED>
<DELETED>    (3) results from any general savings from a
reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress;</DELETED>
<DELETED>unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.</DELETED>
<DELETED>    Sec. 516. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.</DELETED>
<DELETED>    (b) None of the funds made available in this Act may be
used to disseminate scientific information that is deliberately false
or misleading.</DELETED>
<DELETED>    Sec. 517.  Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall submit an
operating plan that details at the program, project, and activity level
any funding allocations for fiscal year 2010 that are different than
those specified in this Act, the accompanying detailed table in the
committee report, or the fiscal year 2010 budget request.</DELETED>
<DELETED>    Sec. 518.  The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the Committees
on Appropriations of the House of Representatives and the Senate a
report on the number and amount of contracts, grants, and cooperative
agreements exceeding $100,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2010, but
not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the contractor or grantee, the
amount of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.</DELETED>
<DELETED>    Sec. 519.  None of the funds appropriated or otherwise
made available by this Act may be used to enter into a contract in an
amount greater than $5,000,000 or to award a grant in excess of such
amount unless the prospective contractor or grantee certifies in
writing to the agency awarding the contract or grant that, to the best
of its knowledge and belief, the contractor or grantee has filed all
Federal tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.</DELETED>
<DELETED>    Sec. 520.  None of the funds appropriated in this Act
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.</DELETED>
<DELETED>    Sec. 521.  None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establlishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payble but for
such agreement.</DELETED>
<DELETED>    Sec. 522.  None of the funds made available in this Act
may be used in contravention of title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et
seq.).</DELETED>
<DELETED>    Sec. 523.  None of the funds contained in this Act may be
used to distribute any needle or syringe for the hypodermic injection
of any illegal drug in any location which is within 1,000 feet of a
public or private day care center, elementary school, vocational
school, secondary school, college, junior college, or university, or
any public swimming pool, park, playground, video arcade, or youth
center, or an event sponsored by any such entity.</DELETED>
<DELETED>    Sec. 524. (a) None of the funds provided in this Act under
the heading ``National Institutes of Health--National Institute on Drug
Abuse'' shall be available for grant number 1R21DA026324-01A1
(Substance Use and HIV Risk among Thai Women).</DELETED>
<DELETED>    (b) None of the funds provided in this Act under the
heading ``National Institutes of Health--National Institute on Alcohol
Abuse and Alcoholism'' shall be available for grant number
1R01AA018090-01 (Venue-based HIV and alcohol use risk reduction among
female sex workers in China), or grant number 5R01AA016059-03
(Maximizing Opportunity--HIV Prevention in Hospitalized Russian
Drinkers).</DELETED>
<DELETED>    Sec. 525.  None of the funds made available in this Act
may be used to purchase light bulbs unless the light bulbs are ``Energy
Star'' qualified or have the ``Federal Energy Management Program''
designation.</DELETED>
<DELETED>    Sec. 526.  None of the funds made available in this Act
may be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301-10.124 of title 41, Code
of Federal Regulations.</DELETED>
<DELETED>     This Act may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2010''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2010, and for other purposes, namely:

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

(including transfer of funds)

For necessary expenses of the Workforce Investment Act of 1998
(``WIA''), the Denali Commission Act of 1998, the Second Chance Act of
2007 and the Women in Apprenticeship and Non-Traditional Occupations
Act of 1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIA; $3,798,536,000, plus reimbursements,
shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,969,449,000 as follows:
(A) $861,540,000 for adult employment and training
activities, of which $149,540,000 shall be available
for the period July 1, 2010, through June 30, 2011, and
of which $712,000,000 shall be available for the period
October 1, 2010 through June 30, 2011;
(B) $924,069,000 for youth activities, which shall
be available for the period April 1, 2010 through June
30, 2011; and
(C) $1,183,840,000 for dislocated worker employment
and training activities, of which $321,731,000 shall be
available for the period July 1, 2010 through June 30,
2011, and of which $862,109,000 shall be available for
the period October 1, 2010 through June 30, 2011:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds
may be transferred by a local board if approved by the
Governor: Provided further, That a local board may award a
contract to an institution of higher education or other
eligible training provider if the local board determines that
it would facilitate the training of multiple individuals in
high-demand occupations, if such contract does not limit
customer choice;
(2) for federally administered programs, $472,538,000 as
follows:
(A) $229,160,000 for the dislocated workers
assistance national reserve, of which $31,269,000 shall
be available for the period July 1, 2010 through June
30, 2011, and of which $197,891,000 shall be available
for the period October 1, 2010 through June 30, 2011:
Provided, That up to $30,000,000 may be made available
for a Career Pathways Innovation Fund from funds
reserved under section 132(a)(2)(A) of the WIA and
shall be used to carry out such Fund under section 171
of such Act, except that the requirements of sections
171(b)(2)(B) and 171(c)(4)(D) of the WIA shall not be
applicable to funds used for the Career Pathways
Innovation Fund: Provided further, That funds provided
to carry out section 132(a)(2)(A) of the WIA may be
used to provide assistance to a State for State-wide or
local use in order to address cases where there have
been worker dislocations across multiple sectors or
across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out section
171(d) of the WIA may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers;
(B) $52,758,000 for Native American programs, which
shall be available for the period July 1, 2010 through
June 30, 2011;
(C) $84,620,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$78,310,000 for formula grants (of which not less that
70 percent shall be for employment and training
services), $5,800,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $510,000 for other
discretionary purposes, which shall be available for
the period July 1, 2010 through June 30, 2011:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services;
(D) $1,000,000 for carrying out the Women in
Apprenticeship and Nontraditional Occupations Act,
which shall be available for the period July 1, 2010
through June 30, 2011; and
(E) $105,000,000 for YouthBuild activities as
described in section 173A of the WIA, which shall be
available for the period April 1, 2010 through June 30,
2011: Provided, That for program year 2010 and each
program year thereafter, the YouthBuild program may
serve an individual who has dropped out of high school
and re-enrolled in an alternative school, if that re-
enrollment is part of a sequential service strategy;
(3) for national activities, $356,549,000, as follows:
(A) $79,071,000 for Pilots, Demonstrations, and
Research, which shall be available for the period April
1, 2010 through June 30, 2011, of which $24,949,000
shall be used for the projects, and in the amounts,
specified under the heading ``Training and Employment
Services'' in the committee report of the Senate
accompanying this Act: Provided, That funding provided
to carry out such projects shall not be subject to the
requirements of sections 171(b)(2)(B) an 1717(c)(4)(D)
of the WIA, the joint funding requirements of sections
171(b)(2)(C) an 171(c)(4)(B) of the WIA, and of which
not more than $40,000,000 shall be for Transitional
Jobs projects, which shall not be subject to the
requirements of section 171(b)(2)(B) or 171(c)(4)(D):
Provided further, That up to 10 percent of the amount
available for Transitional Jobs projects may be used
for evaluation of such projects or transferred to the
Department of Health and Human Services and/or the
Department of Justice for support of Transitional Jobs
projects;
(B) $40,000,000 for activities that prepare workers
for careers in energy efficiency and renewable energy
as described in section 171(e)(1)(B) of the WIA, under
the authority of section 171 of the WIA, which shall be
available for the period July 1, 2010 through June 30,
2011, and which shall not be subject to the
requirements of section 171(b)(2)(B) or 171(c)(4)(D);
(C) $115,000,000 for ex-offender activities, under
the authority of section 171 of the WIA and section 212
of the Second Chance Act of 2007, which shall be
available for the period April 1, 2010 through June 30,
2011, notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D);
(D) $11,600,000 for Evaluation, which shall be
available for the period July 1, 2010 through June 30,
2011;
(E) $95,000,000 for Career Pathways Innovation
Fund, under the authority of section 171 of the WIA,
which shall be available for the period July 1, 2010
through June 30, 2011, and which shall not be subject
to the requirements of section 171(b)(2)(B) or
171(c)(4)(D);
(F) $12,500,000 for the Workforce Data Quality
Initiative, under the authority of 171(c)(2) of the
WIA, which shall be available for the period July 1,
2010 through June 30, 2011, and which shall not be
subject to the requirements of section 171(c)(4)(D);
and
(G) $3,378,000 for the Denali Commission, which
shall be available for the period beginning on July 1,
2010, and ending on June 30, 2011, to conduct job
training of the local workforce in locations in which
Denali Commission projects will be constructed.

community service employment for older americans

To carry out title V of the Older Americans Act of 1965,
$575,425,000, which shall be available for the period July 1, 2010
through June 30, 2011: Provided, That funds made available under this
heading in this Act may, in accordance with section 517(c) of the Older
Americans Act of 1965, be recaptured and reobligated.

federal unemployment benefits and allowances

For payments during fiscal year 2010 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, including benefit payments, allowances, training, and related
State administration provided pursuant to paragraphs (1) and (2) of
section 1891(b) of the Trade and Globalization Adjustment Assistance
Act of 2009, $1,818,400,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for payments
for any period subsequent to September 15, 2010.

state unemployment insurance and employment service operations

For authorized administrative expenses, $86,403,000, together with
not to exceed $3,977,403,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $3,195,645,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $10,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews), the administration of unemployment insurance
for Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowance reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 1891(b) of the Trade
and Globalization Adjustment Assistance Act of 2009 and shall
be available for obligation by the States through December 31,
2010, except that funds used for automation acquisitions shall
be available for obligation by the States through September 30,
2012, and funds used for unemployment insurance workloads
experienced by the States through September 30, 2010 shall be
available for Federal obligation through December 31, 2010;
(2) $11,310,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $680,893,000 from the Trust Fund, together with
$22,683,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2010 through June 30, 2011;
(4) $21,119,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act,
including not to exceed $1,228,000 that may be used for
amortization payments to States which had independent
retirement plans in their State employment service agencies
prior to 1980;
(5) $68,436,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $53,307,000 shall be available for the
Federal administration of such activities, and $15,129,000
shall be available for grants to States for the administration
of such activities; and
(6) $63,720,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and section 171
(e)(2)(C) of the Workforce Investment Act of 1998 and shall be
available for Federal obligation for the period July 1, 2010
through June 30, 2011:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2010 is projected by the
Department of Labor to exceed 5,059,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary of Labor
may use funds appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for the use of
the National Directory of New Hires under section 453(j)(8) of such
Act: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which
are used to support the national activities of the Federal-State
unemployment insurance or immigration programs, may be obligated in
contracts, grants, or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the Office of Management
and Budget Circular A-87: Provided further, That the Secretary, at the
request of a State participating in a consortium with other States, may
reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium in order
to carry out activities that benefit the administration of the
unemployment compensation law of the State making the request.
In addition, $50,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews.

advances to the unemployment trust fund and other funds

For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal Unemployment Benefits and Allowances'' account, such sums as
may be necessary.

program administration

For expenses of administering employment and training programs,
$98,766,000, together with not to exceed $50,140,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.

Employee Benefits Security Administration

salaries and expenses

For necessary expenses for the Employee Benefits Security
Administration, $155,662,000.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by 31 U.S.C. 9104 as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2010, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2010 shall be
available for obligations for administrative expenses in excess of
$464,067,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2010, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2011 for obligation
for administrative expenses for every 20,000 additional terminated
participants: Provided further, That an additional $50,000 shall be
made available through September 30, 2011 for obligation for investment
management fees for every $25,000,000 in assets received by the
Corporation as a result of new plan terminations or asset growth, after
approval by the Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate.

Employment Standards Administration

salaries and expenses

(including rescission)

For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $496,832,000, together with
$2,124,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C 3302, collect
and deposit in the Treasury fees for processing applications and
issuing certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938 and for processing applications and issuing
registrations under title I of the Migrant and Seasonal Agricultural
Worker Protection Act.
Of the unobligated funds collected pursuant to section 286(v) of
the Immigration and Nationality Act, $65,000,000 are rescinded as of
September 1, 2010.

special benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948; and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $187,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated may
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an
employer, who is not the employer at the time of injury, for portions
of the salary of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September 30, 2009,
shall remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2010: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $58,120,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $19,968,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $23,323,000;
(3) For periodic roll management and medical review,
$14,829,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the
Longshore and Harbor Workers' Compensation Act, provide as part of such
notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.

special benefits for disabled coal miners

For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $169,180,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2011, $45,000,000, to remain available until expended.

administrative expenses, energy employees occupational illness
compensation fund

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $51,197,000, to remain
available until expended: Provided, That the Secretary of Labor may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.

black lung disability trust fund

(including transfer of funds)

In fiscal year 2010, such sums as may be necessary from the Black
Lung Disability Trust Fund (``Fund''), to remain available until
expended, for payment of all benefits authorized by section 9501(d)(1),
(2), (4), and (7) of the Internal Revenue Code of 1986; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In addition,
the following amounts may be expended from the Fund for fiscal year
2010 for expenses of operation and administration of the Black Lung
Benefits program, as authorized by section 9501(d)(5): not to exceed
$32,720,000 for transfer to the Employment Standards Administration
``Salaries and Expenses''; not to exceed $25,091,000 for transfer to
Departmental Management, ``Salaries and Expenses''; not to exceed
$327,000 for transfer to Departmental Management, ``Office of Inspector
General''; and not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.

Occupational Safety and Health Administration

salaries and expenses

For necessary expenses for the Occupational Safety and Health
Administration, $561,620,000, including not to exceed $105,393,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (``Act''),
which grants may be up to 55 percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary of Labor under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $200,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That, notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2010, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $11,000,000 shall be available for Susan Harwood training
grants.

Mine Safety and Health Administration

salaries and expenses

For necessary expenses for the Mine Safety and Health
Administration, $357,143,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities, and $1,450,000 to
continue the project with the United Mine Workers of America, for
classroom and simulated rescue training for mine rescue teams; in
addition, not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
Health Administration may retain up to $1,000,000 from fees collected
for the approval and certification of equipment, materials, and
explosives for use in mines, and may utilize such sums for such
activities; the Secretary of Labor is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration
is authorized to promote health and safety education and training in
the mining community through cooperative programs with States,
industry, and safety associations; the Secretary is authorized to
recognize the Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law, may
provide funds and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as officers
in local chapters or in the national organization; and any funds
available to the Department of Labor may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.

Bureau of Labor Statistics

salaries and expenses

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $533,007,000,
together with not to exceed $78,264,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, of which $1,500,000 may be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act.

Office of Disability Employment Policy

salaries and expenses

For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $39,031,000.

Departmental Management

salaries and expenses

(including transfer of funds)

For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation,
through contracts, grants or other arrangements of Departmental
activities conducted by or through the Bureau of International Labor
Affairs, including bilateral and multilateral technical assistance,
microcredit programs and other international labor activities,
$356,827,000, of which $93,919,000 is for the Bureau of International
Labor Affairs, including $40,000,000 for the United States'
contribution to the International Labour Organization's International
Program on the Elimination of Child Labor, and of which $21,392,000 is
for the acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and related needs,
which will be allocated by the Department's Chief Information Officer
in accordance with the Department's capital investment management
process to assure a sound investment strategy, and of which $5,000,000
is for program evaluation, which may be transferred to any other
appropriate account in the Department for such purpose; together with
not to exceed $327,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund.

office of job corps

To carry out subtitle C of title I of the Workforce Investment Act
of 1998, including Federal administrative expenses, the purchase and
hire of passenger motor vehicles, the construction, alteration and
repairs of buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce Investment
Act; $1,711,089,000, plus reimbursements, as follows:
(1) $1,571,899,000 for Job Corps Operations, of which
$980,899,000 shall be available for obligation for the period
July 1, 2010 through June 30, 2011, and of which $591,000,000
shall be available for obligation for the period October 1,
2010 through June 30, 2011;
(2) $110,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $10,000,000 shall be
available for the period July 1, 2010 through June 30, 2013 and
$100,000,000 shall be available for the period October 1, 2010
through June 30, 2013; and
(3) $29,190,000 for necessary expenses of the Office of Job
Corps shall be available for obligation for the period October
1, 2009 through September 30, 2010:
Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps centers.

veterans employment and training

Not to exceed $210,156,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2010, of which $2,449,000 is for the
National Veterans' Employment and Training Services Institute.
In addition, to carry out Department of Labor programs under
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act
of 2001 and the Veterans Workforce Investment Programs under section
168 of the Workforce Investment Act, $44,971,000, of which $9,641,000
shall be available for obligation for the period July 1, 2010 through
June 30, 2011.

office of inspector general

For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$78,093,000, together with not to exceed $5,921,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.

General Provisions

Sec. 101.  None of the funds appropriated in this Act for the Job
Corps shall be used to pay the salary of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level I.

(transfer of funds)

Sec. 102.  Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103.  In accordance with Executive Order No. 13126, none of
the funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, whole or in
part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104.  None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than training in the occupations and industries for which employers are
using H-1B visas to hire foreign workers, and the related activities
necessary to support such training: Provided, That the preceding
limitation shall not apply to multi-year grants awarded prior to June
30, 2007.
Sec. 105.  None of the funds available in this Act or available to
the Secretary of Labor from other sources for grants under the Career
Pathways Innovation Fund and grants authorized under section 414(c) of
the American Competitiveness and Workforce Improvement Act of 1998
shall be obligated for a grant awarded on a non-competitive basis.
Sec. 106.  The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition established
in section 667.220 of title 20 of the Code of Federal Regulations for
functions and activities under title I of the Workforce Investment Act
of 1998, or to modify, through regulatory or administrative action, the
procedure for redesignation of local areas as specified in subtitle B
of title I of that Act (including applying the standards specified in
section 116(a)(3)(B) of that Act, but notwithstanding the time limits
specified in section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the preceding
sentence shall permit or require the Secretary to withdraw approval for
such redesignation from a State that received the approval not later
than October 12, 2005, or to revise action taken or modify the
redesignation procedure being used by the Secretary in order to
complete such redesignation for a State that initiated the process of
such redesignation by submitting any request for such redesignation not
later than October 26, 2005.
Sec. 107.  None of the funds appropriated in this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.

(including transfer of funds)

Sec. 108.  The Secretary of Labor shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a plan
for the transfer of the administration of the Job Corps program
authorized under title I-C of the Workforce Investment Act of 1998 from
the Office of the Secretary to the Employment and Training
Administration. As of the date that is 15 days after the date of
submission of such plan, the Secretary may transfer the administration
and appropriated funds of the program from the Office of the Secretary
and the provisions of section 102 of Public Law 109-149 shall no longer
be applicable.
This title may be cited as the ``Department of Labor
Appropriations Act, 2010''.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

health resources and services

For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX,
and XXVI of the Public Health Service Act (``PHS Act''), section 427(a)
of the Federal Coal Mine Health and Safety Act, title V and sections
711, 1128E, and 1820 of the Social Security Act, the Health Care
Quality Improvement Act of 1986, the Native Hawaiian Health Care Act of
1988, the Cardiac Arrest Survival Act of 2000, section 712 of the
American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and
Research Act of 2005, $7,238,799,000, of which $39,200,000 from general
revenues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program under such section: Provided, That of the
funds made available under this heading, $2,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act: Provided further,
That amounts provided for such grants shall be available for the
purchase and implementation of telehealth services, including pilots
and demonstrations on the use of electronic health record to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs through the use of the VISTA-Electronic Health Record:
Provided further, That of the funds made available under this heading,
$129,000 shall be available until expended for facilities renovations
at the Gillis W. Long Hansen's Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of information
under the ``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 1128E(d)(2) of the Social Security Act, shall be
sufficient to recover the full costs of operating the program, and
shall remain available until expended to carry out that Act: Provided
further, That no more than $40,000 is available until expended for
carrying out the provisions of section 224(o) of the PHS Act including
associated administrative expenses and relevant evaluations: Provided
further, That no more than $44,055,000 is available until expended for
carrying out the provisions of Public Law 104-73 and for expenses
incurred by the Department of Health and Human Services pertaining to
administrative claims made under such law: Provided further, That of
the funds made available under this heading, $317,491,000 shall be for
the program under title X of the PHS Act to provide for voluntary
family planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for abortions,
that all pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office: Provided further, That of the funds
available under this heading, $1,916,873,000 shall remain available to
the Secretary of Health and Human Services through September 30, 2012,
for parts A and B of title XXVI of the PHS Act: Provided further, That
$835,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the PHS Act: Provided further, That in
addition to amounts provided herein, $25,000,000 shall be available
from amounts available under section 241 of the PHS Act to carry out
parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691
Special Projects of National Significance: Provided further, That
notwithstanding section 703 of Public Law 109-415, title XXVI of the
PHS Act shall continue in effect until October 1, 2010, unless prior to
that date, authorization is enacted into law otherwise extending this
authority: Provided further, That notwithstanding section 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed $92,551,000 is
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,400,000
is available for projects described in paragraphs (A) through (F) of
section 501(a)(3) of such Act: Provided further, That notwithstanding
section 747(e)(2) of the PHS Act, not less than $29,025,000 shall be
for family medicine programs, not less than $7,575,000 shall be for
general dentistry programs, and not less than $7,575,000 shall be for
pediatric dentistry programs including faculty loan repayments for
service as a full-time faculty member in dentistry: Provided further,
That dentistry faculty loan repayments shall be made using the same
terms and conditions as the Nursing Faculty Loan Repayment program
authorized under section 738 of the PHS Act: Provided further, That of
the funds provided, $10,000,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law 106-113:
Provided further, That of the funds provided, $40,000,000 shall be
provided for the Delta Health Initiative as authorized in section 219
of division G of Public Law 110-161 and associated administrative
expenses: Provided further, That funds provided under section 846 and
subpart 3 of part D of title III of the PHS Act may be used to make
prior year adjustments to awards made under these sections: Provided
further, That of the amount appropriated in this paragraph,
$157,092,000 shall be used for the projects financing the construction
and renovation (including equipment) of health care and other
facilities and for other health-related activities, and in the amounts,
specified under the heading ``Health Resources and Services'' in the
committee report of the Senate accompanying this Act, and of which up
to one percent of the amount for each project may be used for related
agency administrative expenses: Provided further, That notwithstanding
section 338J(k) of the PHS Act, $10,450,000 is available for State
Offices of Rural Health: Provided further, That of the funds provided,
$15,000,000 is available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology: Provided further, That $75,000,000 is for the State Health
Access Grants program to expand access to affordable health care
coverage for the uninsured populations in such States.

health education assistance loans program account

Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act
(``PHS Act''). For administrative expenses to carry out the guaranteed
loan program, including section 709 of the PHS Act, $2,847,000.

vaccine injury compensation program trust fund

For payments from the Vaccine Injury Compensation Program Trust
Fund (``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative expenses,
not to exceed $6,502,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.

covered countermeasure process fund

For carrying out section 319F-4 of the Public Health Service Act,
$5,000,000, to remain available until expended: Provided, That amounts
appropriated to this account shall also be available for related
administrative expenses and costs under the Smallpox Emergency Personal
Protection Act of 2003.

Centers for Disease Control and Prevention

disease control, research, and training

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
Act of 1977, section 13 of the Mine Improvement and New Emergency
Response Act of 2006, sections 20, 21, and 22 of the Occupational
Safety and Health Act of 1970, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education Assistance Act of
1980, and for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and chemical
threats to civilian populations; including purchase and insurance of
official motor vehicles in foreign countries; and purchase, hire,
maintenance, and operation of aircraft, $6,733,377,000, of which
$108,300,000 shall remain available until expended for acquisition of
real property, equipment, construction and renovation of facilities; of
which $595,749,000 shall remain available until expended for the
Strategic National Stockpile under section 319F-2 of the PHS Act; of
which $9,115,000 shall be used for the projects, and in the amounts,
specified under the heading ``Disease Control, Research, and Training''
in the committee report of the Senate accompanying this Act; of which
$118,979,000 for international HIV/AIDS shall remain available through
September 30, 2011; and of which $70,723,000 shall be available until
expended to provide screening and treatment for first response
emergency services personnel, residents, students, and others related
to the September 11, 2001 terrorist attacks on the World Trade Center:
Provided, That in addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided further,
That with respect to the previous proviso, authorized user fees from
the Vessel Sanitation Program shall be available until September 30,
2011: Provided further, That in addition to amounts provided herein,
the following amounts shall be available from amounts available under
section 241 of the PHS Act: (1) $8,905,000 to carry out the National
Immunization Surveys; and (2) $31,170,000 to carry out Public Health
Research: Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease Control and
Prevention may be used, in whole or in part, to advocate or promote gun
control: Provided further, That of the funds made available under this
heading, up to $1,000 per eligible employee of the Centers for Disease
Control and Prevention shall be made available until expended for
Individual Learning Accounts: Provided further, That the Director may
redirect the total amount made available under authority of Public Law
101-502, section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are to be
notified promptly of any such redirection: Provided further, That not
to exceed $21,000,000 may be available for making grants under section
1509 of the PHS Act to not less than 21 States, tribes, or tribal
organizations: Provided further, That notwithstanding any other
provision of law, the Centers for Disease Control and Prevention shall
award a single contract or related contracts for development and
construction of the next building or facility designated in the
Buildings and Facilities Master Plan that collectively include the full
scope of the project: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds'' found at 48
CFR 52.232-18: Provided further, That of the funds appropriated,
$10,000 shall be for official reception and representation expenses
when specifically approved by the Director of the Centers for Disease
Control and Prevention: Provided further, That employees of the Centers
for Disease Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States, municipalities,
or other organizations under authority of section 214 of the PHS Act,
or in overseas assignments, shall be treated as non-Federal employees
for reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or the Department
of Health and Human Services during the period of detail or assignment:
Provided further, That out of funds made available under this heading
for domestic HIV/AIDS testing, up to $15,000,000 shall be for States
newly eligible in fiscal year 2010 under section 2625 of the PHS Act as
of December 31, 2009 and shall be distributed by May 31, 2010 based on
standard criteria relating to a State's epidemiological profile, and of
which not more than $1,000,000 may be made available to any one State,
and amounts that have not been obligated by May 31, 2010 shall be made
available to States and local public health departments for HIV testing
activities.
In addition, for necessary expenses to administer the Energy
Employees Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended, of which $4,500,000 shall be for
use by or in support of the Advisory Board on Radiation and Worker
Health (``the Board'') to carry out its statutory responsibilities,
including obtaining audits, technical assistance, and other support
from the Board's audit contractor with regard to radiation dose
estimation and reconstruction efforts, site profiles, procedures, and
review of Special Exposure Cohort petitions and evaluation reports:
Provided, That this amount shall be available consistent with the
provision regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.

National Institutes of Health

national cancer institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $5,054,099,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
National Cancer Institute-Frederick Federally Funded Research and
Development Center in Frederick, Maryland.

national heart, lung, and blood institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $3,066,827,000.

national institute of dental and craniofacial research

For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $409,241,000.

national institute of diabetes and digestive and kidney diseases

For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,790,518,000.

national institute of neurological disorders and stroke

For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,620,494,000.

national institute of allergy and infectious diseases

(including transfer of funds)

For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,777,457,000: Provided, That $300,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended.

national institute of general medical sciences

For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $2,031,886,000.

eunice kennedy shriver national institute of child health and human
development

For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,316,822,000.

national eye institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$700,158,000.

national institute of environmental health sciences

For carrying out section 301 and title IV of the Public Health
Service Act with respect to environmental health sciences,
$683,149,000.

national institute on aging

For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,099,409,000.

national institute of arthritis and musculoskeletal and skin diseases

For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $533,831,000.

national institute on deafness and other communication disorders

For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$414,755,000.

national institute of nursing research

For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $144,262,000.

national institute on alcohol abuse and alcoholism

For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $457,887,000.

national institute on drug abuse

For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,050,091,000.

national institute of mental health

For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,475,190,000.

national human genome research institute

For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $511,007,000.

national institute of biomedical imaging and bioengineering

For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $313,496,000.

national center for research resources

For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,256,926,000.

national center for complementary and alternative medicine

For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$127,591,000.

national center on minority health and health disparities

For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $209,508,000.

john e. fogarty international center

For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the Public Health Service Act), $69,409,000.

national library of medicine

For carrying out section 301 and title IV of the Public Health
Service Act (``PHS Act'') with respect to health information
communications, $336,417,000, of which $4,000,000 shall be available
until expended for improvement of information systems: Provided, That
in fiscal year 2010, the National Library of Medicine may enter into
personal services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the National
Institutes of Health: Provided further, That in addition to amounts
provided herein, $8,200,000 shall be available from amounts available
under section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and Health Care
Technology established under section 478A of the PHS Act and related
health services.

office of the director

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health (``NIH''), $1,182,777,000, of
which up to $25,000,000 shall be used to carry out section 214 of this
Act: Provided, That funding shall be available for the purchase of not
to exceed 29 passenger motor vehicles for replacement only: Provided
further, That the NIH is authorized to collect third party payments for
the cost of clinical services that are incurred in NIH research
facilities and that such payments shall be credited to the NIH
Management Fund: Provided further, That all funds credited to such Fund
shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That $549,066,000 shall be
available for the Common Fund established under section 402A(c)(1) of
the Public Health Service Act (``PHS Act''): Provided further, That of
the funds provided $10,000 shall be for official reception and
representation expenses when specifically approved by the Director of
the NIH: Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act.

buildings and facilities

For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $125,581,000, to
remain available until expended.

Substance Abuse and Mental Health Services Administration

substance abuse and mental health services

For carrying out titles III, V, and XIX of the Public Health
Service Act (``PHS Act'') with respect to substance abuse and mental
health services and the Protection and Advocacy for Individuals with
Mental Illness Act, $3,429,782,000, of which $4,900,000 shall be used
for the projects, and in the amounts, specified under the heading
``Substance Abuse and Mental Health Services'' in the committee report
of the Senate accompanying this Act: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A are available for carrying out section 1971 of the PHS
Act: Provided further, That $795,000 shall be available until expended
for reimbursing the General Services Administration for environmental
testing and remediation on the federally owned facilities at St.
Elizabeths Hospital, including but not limited to testing and
remediation conducted prior to fiscal year 2010: Provided further, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; (2)
$21,039,000 to carry out subpart I of part B of title XIX of the PHS
Act to fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not
exceed 5 percent of the amounts appropriated for subpart I of part B of
title XIX; (3) $22,750,000 to carry out national surveys on drug abuse
and mental health; and (4) $8,596,000 to collect and analyze data and
evaluate substance abuse treatment programs: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
under this Act for fiscal year 2010.

Agency for Healthcare Research and Quality

healthcare research and quality

For carrying out titles III and IX of the Public Health Service Act
(``PHS Act''), part A of title XI of the Social Security Act, and
section 1013 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain available
until expended: Provided, That the amount made available pursuant to
section 937(c) of the PHS Act shall not exceed $372,053,000.

Centers for Medicare and Medicaid Services

grants to states for medicaid

For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $220,962,473,000, to remain available until
expended.
For making, after May 31, 2010, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2010 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2011, $86,789,382,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.

payments to health care trust funds

For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$207,231,070,000.
In addition, for making matching payments under section 1844, and
benefit payments under section 1860D-16 of the Social Security Act, not
anticipated in budget estimates, such sums as may be necessary.

program management

For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act (``PHS Act''), and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,431,500,000, to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
of Health and Human Services pursuant to section 302 of the Tax Relief
and Health Care Act of 2006; and such sums as may be collected from
authorized user fees and the sale of data, which shall be credited to
this account and remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $35,681,000, to remain available through September 30,
2011, shall be for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That $65,600,000, to remain
available through September 30, 2011, shall be for the Centers for
Medicare and Medicaid Services (``CMS'') Medicare contracting reform
activities: Provided further, That $81,600,000 shall remain available
through September 30, 2011 for purposes of carrying out provisions of
the Medicare Improvements for Patients and Providers Act of 2008:
Provided further, That funds appropriated under this heading shall be
available for the Healthy Start, Grow Smart program under which the CMS
may, directly or through grants, contracts, or cooperative agreements,
produce and distribute informational materials including, but not
limited to, pamphlets and brochures on infant and toddler health care
to expectant parents enrolled in the Medicaid program and to parents
and guardians enrolled in such program with infants and children:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2010 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That $2,000,000 shall be used for the projects, and in the amounts,
specified under the heading ``Program Management'' in the committee
report of the Senate accompanying this Act.

Health Care Fraud and Abuse Control Account

In addition to amounts otherwise available for program integrity
and program management, $311,000,000, to remain available through
September 30, 2011, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $220,320,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage and the Medicare Prescription Drug Program authorized in
title XVIII of the Social Security Act and for activities listed in
section 1893 of such Act; of which $29,790,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act; of which $31,100,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities; and of which $29,790,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2010 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation.

Administration for Children and Families

payments to states for child support enforcement and family support
programs

For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $3,571,509,000, to remain available until
expended; and for such purposes for the first quarter of fiscal year
2011, $1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as
may be necessary: Provided, That the sum of the amounts available to a
State with respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as amended by
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 shall not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, for the
last 3 months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be necessary.

low income home energy assistance

For making payments under subsections (b) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $4,509,672,000,
of which all but $839,792,000 shall be allocated as though the total
appropriation for such payments was less than $1,975,000,000; and, in
addition $590,328,000 is for payments under subsection (e) of such
section, to be made notwithstanding the designation requirements of
subsection (e).

refugee and entrant assistance

For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, and the Trafficking Victims Protection Act
of 2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the Torture Victims
Relief Act of 1998, $730,657,000, of which up to $9,814,000 shall be
available to carry out the Trafficking Victims Protection Act of 2000:
Provided, That funds appropriated under this heading pursuant to
section 414(a) of the Immigration and Nationality Act, section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
and the Trafficking Victims Protection Act of 2000, for fiscal year
2010 shall be available for the costs of assistance provided and other
activities to remain available through September 30, 2012.

payments to states for the child care and development block grant

For carrying out the Child Care and Development Block Grant Act of
1990, $2,127,081,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income
families: Provided, That $18,960,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll-free hotline:
Provided further, That, in addition to the amounts required to be
reserved by the States under section 658G, $271,401,000 shall be
reserved by the States for activities authorized under section 658G, of
which $99,534,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $9,910,000 shall be for
use by the Secretary of Health and Human Services for child care
research, demonstration, and evaluation activities.

social services block grant

For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX of such Act shall be 10 percent.

children and families services programs

(including transfer of funds)

For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), sections 330F and 330G of the Public
Health Service Act (``PHS Act''), the Abandoned Infants Assistance Act
of 1988, sections 261 and 291 of the Help America Vote Act of 2002,
part B-1 of title IV and sections 413, 1110, and 1115 of the Social
Security Act; for making payments under the Community Services Block
Grant Act (``CSBG Act''), sections 439(i), 473B, and 477(i) of the
Social Security Act, and the Assets for Independence Act; and for
necessary administrative expenses to carry out such Acts and titles I,
IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of
July 5, 1960, the Low Income Home Energy Assistance Act of 1981, title
IV of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, and section 505 of the Family Support
Act of 1988, $9,310,465,000, of which $39,500,000, to remain available
through September 30, 2011, shall be for grants to States for adoption
incentive payments, as authorized by section 473A of the Social
Security Act and may be made for adoptions completed before September
30, 2010: Provided, That $7,234,783,000 shall be for making payments
under the Head Start Act: Provided further, That of funds appropriated
in the American Recovery and Reinvestment Act of 2009 for Head Start
and Early Head Start, only the amount provided to a Head Start grantee
under section 640(a)(3)(A)(i)(I) of the Head Start Act as a cost of
living adjustment may be considered to be part of the fiscal year 2009
base grant for such grantee for purposes of section 640(a)(2)(B)(i)
through (v) of the Head Start Act: Provided further, That $746,000,000
shall be for making payments under the CSBG Act: Provided further, That
not less than $10,000,000 shall be for section 680(3)(B) of the CSBG
Act: Provided further, That in addition to amounts provided herein,
$5,762,000 shall be available from amounts available under section 241
of the PHS Act to carry out the provisions of section 1110 of the
Social Security Act: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under the CSBG Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Secretary
of Health and Human Services shall establish procedures regarding the
disposition of intangible assets and program income that permit such
assets acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole
property of such grantees after a period of not more than 12 years
after the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for any
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be available
for financing construction and rehabilitation and loans or investments
in private business enterprises owned by community development
corporations: Provided further, That $17,410,000 shall be for
activities authorized by the Help America Vote Act of 2002, of which
$12,154,000 shall be for payments to States to promote access for
voters with disabilities, and of which $5,256,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $2,000,000 shall be for a human
services case management system for federally declared disasters, to
include a comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness: Provided further,
That of the funds appropriated under this heading, $1,000,000 shall be
transferred to the National Commission on Children and Disasters to
carry out title VI of division G of Public Law 110-161: Provided
further, That $5,600,000 shall be used for the projects, and in the
amounts, specified under the heading ``Children and Families Services
Programs'' in the committee report of the Senate accompanying this Act.

promoting safe and stable families

For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,311,000.

payments for foster care and permanency

For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,532,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2011, $1,850,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.

Administration on Aging

aging services programs

For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, section 398 and title XXIX of the Public Health
Service Act, and section 119 of the Medicare Improvements for Patients
and Providers Act of 2008, $1,495,038,000, of which $5,500,000 shall be
available for activities regarding medication management, screening,
and education to prevent incorrect medication and adverse drug
reactions: Provided, That $1,195,000 shall be used for the projects,
and in the amounts, specified under the heading ``Aging Services
Programs'' in the committee report of the Senate accompanying this Act.

Office of the Secretary

general departmental management

(including transfer of funds)

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act
(``PHS Act''), the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$477,928,000, together with $5,851,000 to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, and $64,211,000 from the amounts
available under section 241 of the PHS Act to carry out national health
or human services research and evaluation activities: Provided, That of
this amount, $51,891,000 shall be for minority AIDS prevention and
treatment activities; $5,789,000 shall be to assist Afghanistan in the
development of maternal and child health clinics, consistent with
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002;
and $1,000,000 shall be transferred, not later than 30 days after
enactment of this Act, to the National Institute of Mental Health to
administer the Interagency Autism Coordinating Committee: Provided
further, That all of the funds made available under this heading for
carrying out title XX of the PHS Act shall be for activities specified
under section 2003(b)(1) of such title XX: Provided further, That of
the funds made available under this heading, $100,000,000 shall be for
making contracts and competitive grants to public and private entities
to fund medically accurate and age appropriate programs that reduce
teen pregnancy and for the Federal costs associated with administering
and evaluating such contracts and grants, of which not less than
$75,000,000 shall be for replicating programs that have been proven
through rigorous evaluation to delay sexual activity, increase
contraceptive use (without increasing sexual activity), reduce the
transmission of sexually transmitted infections or reduce teenage
pregnancy; and of which not less than $25,000,000 shall be available
for research and demonstration grants to develop, replicate, refine and
test additional models and innovative strategies for preventing teen
pregnancy or sexually transmitted infections: Provided further, That of
the amounts provided under this heading from amounts available under
section 241 of the PHS Act, $4,455,000 shall be available to carry out
evaluations (including longitudinal evaluations) of teen pregnancy
prevention approaches: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide, to
individuals adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4): Provided further, That $950,000
shall be used for the projects, and in the amounts, specified under the
heading ``General Departmental Management'' in the committee report of
the Senate accompanying this Act: Provided further, That not more than
$3,200,000 and 26 full time equivalents shall be available for the
Office of the Assistant Secretary for Legislation.

office of medicare hearings and appeals

For expenses necessary for administrative law judges responsible
for hearing cases under title XVIII of the Social Security Act (and
related provisions of title XI of such Act), $71,147,000, to be
transferred in appropriate part from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

office of the national coordinator for health information technology

For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $42,331,000: Provided,
That in addition to amounts provided herein, $19,011,000 shall be
available from amounts available under section 241 of the Public Health
Service Act.

office of inspector general

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$50,279,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary of Health
and Human Services and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C. 228:
Provided further, That at least forty percent of the funds provided in
this Act for the Office of Inspector General shall be used only for
investigations, audits, and evaluations pertaining to the discretionary
programs funded in this Act.

office for civil rights

For expenses necessary for the Office for Civil Rights,
$37,785,000, together with not to exceed $3,314,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.

retirement pay and medical benefits for commissioned officers

For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.

public health and social services emergency fund

(including transfer of funds)

For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, and to pay the costs described in section 319F-
2(c)(7)(B) of the Public Health Service Act (``PHS Act''),
$628,402,000; of which $43,412,000 shall be to support operations,
preparedness and emergency operations, of which $5,000,000 shall remain
available through September 30, 2011; and of which $10,000,000, to
remain available through September 30, 2011, shall be to support the
delivery of medical countermeasures: Provided, That of the amount made
available herein for the delivery of medical countermeasures, up to
$8,000,000 may be transferred to the U.S. Postal Service to support the
delivery of medical countermeasures.
For expenses necessary to support advanced research and development
pursuant to section 319L of the PHS Act, $305,000,000, to be derived by
transfer from funds appropriated under the heading ``Biodefense
Countermeasures'' in the Department of Homeland Security Appropriations
Act, 2004, to remain available through September 30, 2011.
All remaining balances from funds appropriated under the heading
``Biodefense Countermeasures'' in the Department of Homeland Security
Appropriations Act, 2004, shall be transferred to this account, and
shall remain available for obligation through September 30, 2013, for
the procurement of medical countermeasures pursuant to section 319F-
2(c) of the PHS Act: Provided, That products purchased with these funds
shall be deposited in the Strategic National Stockpile under section
319F-2(a) of the PHS Act.
For expenses necessary to prepare for and respond to an influenza
pandemic, $354,167,000, of which $276,000,000 shall be available until
expended, for activities including the development and purchase of
vaccine, antivirals, necessary medical supplies, diagnostics, and other
surveillance tools: Provided, That products purchased with these funds
may, at the discretion of the Secretary of Health and Human Services,
be deposited in the Strategic National Stockpile under section 319F-
2(a) of the PHS Act: Provided further, That notwithstanding section
496(b) of the PHS Act, funds may be used for the construction or
renovation of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds such
construction or renovation necessary to secure sufficient supplies of
such vaccines or biologics: Provided further, That funds appropriated
herein may be transferred to other appropriation accounts of the
Department of Health and Human Services, as determined by the Secretary
to be appropriate, to be used for the purposes specified in this
paragraph.
For expenses necessary to lease and replace or renovate a
headquarters building for Public Health Service agencies and other
components of the Department of Health and Human Services, including
relocation and fit-out costs, $69,585,000, to remain available until
expended.

GENERAL PROVISIONS

Sec. 201.  Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary of Health and
Human Services.
Sec. 202.  The Secretary of Health and Human Services shall make
available through assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International Children's
Emergency Fund or the World Health Organization.
Sec. 203.  None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of
Executive Level I.
Sec. 204.  None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the preparation and submission of a
report by the Secretary of Health and Human Services to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 205.  Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human Services
shall determine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under such Act shall be made
available for the evaluation (directly, or by grants or contracts) of
the implementation and effectiveness of such programs.

(transfer of funds)

Sec. 206.  Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between a program, project, or activity, but no such program, project,
or activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.

(transfer of funds)

Sec. 207.  The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes and centers from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.

(transfer of funds)

Sec. 208.  Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
the National Institutes of Health and the Director of the Office of
AIDS Research, shall be made available to the ``Office of AIDS Research
Office'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 209.  None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary of Health
and Human Services that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 210.  Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the reporting of
child abuse, child molestation, sexual abuse, rape, or incest.
Sec. 211.  None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary of Health and Human
Services denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because the entity
informs the Secretary that it will not provide, pay for, provide
coverage of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to the
capitation payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity's enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage for such
services and a Medicare Advantage organization described in this
section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 212. (a) Except as provided by subsection (e) none of the
funds appropriated for fiscal year 2010 or any subsequent fiscal year
by this or any subsequent appropriations Act may be used to withhold
substance abuse funding from a State pursuant to section 1926 of the
Public Health Service Act (``PHS Act'') if such State certifies to the
Secretary of Health and Human Services by May 1 of the fiscal year for
which the funds are appropriated, that the State will commit additional
State funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to individuals
under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses
the retailer compliance rate goal established by the Secretary under
section 1926 of such Act.
(c) The State is to maintain State expenditures in such fiscal year
for tobacco prevention programs and for compliance activities at a
level that is not less than the level of such expenditures maintained
by the State for the preceding fiscal year, and adding to that level
the additional funds for tobacco compliance activities required under
subsection (a). The State is to submit a report to the Secretary on all
State obligations of funds for such fiscal year and all State
expenditures for the preceding fiscal year for tobacco prevention and
compliance activities by program activity by July 31 of such fiscal
year.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31 of such
fiscal year.
(e) None of the funds appropriated by this or any subsequent
appropriations Act may be used to withhold substance abuse funding
pursuant to section 1926 of the PHS Act from a territory that receives
less than $1,000,000.
Sec. 213.  In order for the Department of Health and Human Services
to carry out international health activities, including HIV/AIDS and
other infectious disease, chronic and environmental disease, and other
health activities abroad during fiscal year 2010:
(1) The Secretary of Health and Human Services may exercise
authority equivalent to that available to the Secretary of
State in section 2(c) of the State Department Basic Authorities
Act of 1956. The Secretary of Health and Human Services shall
consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary of Health and Human Services is
authorized to provide such funds by advance or reimbursement to
the Secretary of State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and management of
facilities outside of the United States for the use of the
Department of Health and Human Services. The Department of
State shall cooperate fully with the Secretary of Health and
Human Services to ensure that the Department of Health and
Human Services has secure, safe, functional facilities that
comply with applicable regulation governing location, setback,
and other facilities requirements and serve the purposes
established by this Act. The Secretary of Health and Human
Services is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary of Health and Human Services is
authorized to provide to personnel appointed or assigned by the
Secretary to serve abroad, allowances and benefits similar to
those provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086 and
subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the
amount of the locality-based comparability payment (stated as a
percentage) that would be payable to such personnel under
section 5304 of title 5, United States Code if such personnel's
official duty station were in the District of Columbia. Leaves
of absence for personnel under this subsection shall be on the
same basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
Sec. 214. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health (``Director'')
may use funds available under section 402(b)(7) or 402(b)(12) of the
Public Health Service Act (``PHS Act'') to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such section
402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 215.  Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention (``CDC'') and the Agency for Toxic Substances and Disease
Registry (``ATSDR'') may be transferred to ``Disease Control, Research,
and Training'', to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
Sec. 216.  Notwithstanding any other provisions of law, funds made
available in this Act may be used to continue operating the Council on
Graduate Medical Education established by section 301 of Public Law
102-408.
Sec. 217.  Not to exceed $35,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $2,500,000 per project.

(transfer of funds)

Sec. 218.  Of the amounts made available for the National
Institutes of Health, 1 percent of the amount made available for
National Research Service Awards (``NRSA'') shall be made available to
the Administrator of the Health Resources and Services Administration
to make NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts under
section 747 of the Public Health Service Act, and 1 percent of the
amount made available for NRSA shall be made available to the Director
of the Agency for Healthcare Research and Quality to make NRSA awards
for health service research.
Sec. 219.  By May 1, 2010, the Secretary of the Department of
Health and Human Services shall amend regulations at 42 CFR Part 50
Subpart F for the purpose of strengthening Federal and institutional
oversight and identifying enhancements, including requirements for
financial disclosure to institutions, governing financial conflicts of
interest among extramural investigators receiving grant support from
the National Institutes of Health.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2010''.

TITLE III

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA''), section 418A of the Higher Education Act of
1965 and S. 1121, as introduced in the Senate on May 21, 2009,
$15,891,132,000, of which $4,930,976,000 shall become available on July
1, 2009, and shall remain available through September 30, 2010, and of
which $10,841,176,000 shall become available on October 1, 2009, and
shall remain available through September 30, 2010, for academic year
2010-2011: Provided, That $5,897,946,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to $4,000,000
of these funds shall be available to the Secretary of Education on
October 1, 2009, to obtain annually updated local educational-agency-
level census poverty data from the Bureau of the Census: Provided
further, That $1,365,031,000 shall be for concentration grants under
section 1124A of the ESEA: Provided further, That $3,264,712,000 shall
be for targeted grants under section 1125 of the ESEA: Provided
further, That $3,264,712,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further, That
$9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA:
Provided further, That $575,633,000 shall be available for school
improvement grants under section 1003(g) of the ESEA, of which up to
$30,000,000 shall be for competitive awards to local educational
agencies located in counties in Louisiana, Mississippi, and Texas that
were designated by the Federal Emergency Management Agency as counties
eligible for Individual Assistance due to damage caused by Hurricanes
Katrina, Ike, or Gustav (and such awards shall be used to improve
education in areas affected by the hurricanes, including for such
activities as replacing instructional materials and equipment; paying
teacher incentives; constructing, modernizing, or renovating school
buildings; beginning or expanding Advanced Placement or other rigorous
courses; supporting the expansion of charter schools; and supporting
after-school or extended learning time activities); and of which the
remainder of such funds shall be allocated by the Secretary through the
formula described in section 1003(g)(2) and shall be used consistent
with the requirements of section 1003(g), except that local educational
agencies may use such funds (and funds appropriated for section 1003(g)
under the American Recovery and Reinvestment Act) to serve any school
eligible to receive assistance under part A of title I that has not
made adequate yearly progress for at least two years or is in the
State's lowest quintile of performance based on proficiency rates:
Provided further, That each State educational agency shall ensure that
40 percent of its allocation under such formula is spent on improvement
activities in middle and high schools, unless the State educational
agency determines that all title I, part A-eligible middle and high
schools that have not made adequate yearly progress for at least two
years or are in the State's lowest quintile of performance based on
proficiency rates can be served with a lesser amount: Provided further,
That notwithstanding section 1003(g)(5)(A), the Secretary may establish
minimum and maximum subgrant sizes applicable to such funds and to the
funds appropriated for section 1003(g) under the American Recovery and
Reinvestment Act: Provided further, That the ESEA title I, part A funds
awarded to local educational agencies under the American Recovery and
Reinvestment Act of 2009 for fiscal year 2009 shall not be considered
for the purpose of calculating hold-harmless amounts under subsections
1122(c) and 1125A(g)(3) in making allocations under title I, part A for
fiscal year 2010 and succeeding years and, notwithstanding section
1003(e), shall not be considered for the purpose of reserving funds
under section 1003(a): Provided further, That $262,920,000 shall be
available under section 1502 of the ESEA for a comprehensive literacy
development and education program to advance literacy skills, including
pre-literacy skills, reading, and writing, for students from birth
through grade 12, including limited-English-proficient students and
students with disabilities, of which one-half of 1 percent shall be
reserved for the Secretary of the Interior for such a program at
schools funded by the Bureau of Indian Education, one-half of 1 percent
shall be reserved for grants to the outlying areas for such a program,
$10,000,000 shall be reserved for formula grants to States to establish
or support a State Literacy Team with expertise in literacy development
and education for children from birth through grade 12 to assist the
State in developing a comprehensive literacy plan, up to 5 percent may
be reserved for national activities, and the remainder shall be used to
award competitive grants to State educational agencies for such a
program, of which a State educational agency shall subgrant not less
than 95 percent to local educational agencies or, in the case of early
literacy, to local educational agencies or other entities providing
early childhood care and education, giving priority to such agencies or
other entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used to
serve children from birth through age 5, 40 percent are used to serve
students in kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an equitable
distribution of funds between middle and high schools: Provided
further, That eligible entities receiving subgrants from State
educational agencies shall use such funds for services and activities
that have the characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and other
research-based methods of improving classroom instruction and practice.

Impact Aid

For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,265,718,000, of which
$1,128,535,000 shall be for basic support payments under section
8003(b), $48,602,000 shall be for payments for children with
disabilities under section 8003(d), $17,509,000 shall be for
construction under section 8007(a), $66,208,000 shall be for Federal
property payments under section 8002, and $4,864,000, to remain
available until expended, shall be for facilities maintenance under
section 8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 8003(a)
for school year 2009-2010, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.

School Improvement Programs

For carrying out school improvement activities authorized by parts
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D
of title V, parts A and B of title VI, and parts B and C of title VII
of the Elementary and Secondary Education Act of 1965 (``ESEA''); the
McKinney-Vento Homeless Assistance Act; section 203 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; part Z of title VIII of the Higher Education
Act (``HEA''); and the Civil Rights Act of 1964, $5,197,316,000, of
which $3,330,993,000 shall become available on July 1, 2010, and remain
available through September 30, 2011, and of which $1,681,441,000 shall
become available on October 1, 2010, and shall remain available through
September 30, 2011, for academic year 2010-2011: Provided, That funds
made available to carry out part B of title VII of the ESEA may be used
for construction, renovation, and modernization of any elementary
school, secondary school, or structure related to an elementary school
or secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That from the funds referred to in the preceding
proviso, not less than $1,500,000 shall be for the activities described
in such proviso and $1,500,000 shall be for a grant to the University
of Hawaii School of Law for a Center of Excellence in Native Hawaiian
law: Provided further, That $500,000 shall be for part Z of title VIII
of the HEA: Provided further, That funds made available to carry out
part C of title VII of the ESEA may be used for construction: Provided
further, That up to 100 percent of the funds available to a State
educational agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act: Provided
further, That $57,113,000 shall be available to carry out section 203
of the Educational Technical Assistance Act of 2002: Provided further,
That $35,463,000 shall be available to carry out part D of title V of
the ESEA: Provided further, That no funds appropriated under this
heading may be used to carry out section 5494 under the ESEA: Provided
further, That $17,687,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That up to 5 percent of these amounts may be reserved by the Federated
States of Micronesia and the Republic of the Marshall Islands to
administer the Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United States
Departments of Labor, Health and Human Services, and Education for such
services: Provided further, That $9,729,000 of the funds available for
the Foreign Language Assistance Program shall be available for 5-year
grants to local educational agencies that would work in partnership
with one or more institutions of higher education to establish or
expand articulated programs of study in languages critical to United
States national security that will enable successful students to
advance from elementary school through college to achieve a superior
level of proficiency in those languages.

Indian Education

For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $122,282,000.

Innovation and Improvement

For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V, and section 1504 of the Elementary and Secondary Education Act
of 1965 (``ESEA''), and by part F of title VIII of the Higher Education
Act of 1965, $1,234,787,000: Provided, That $10,649,000 shall be
provided to the National Board for Professional Teaching Standards to
carry out section 2151(c) of the ESEA: Provided further, That from
funds for subpart 4, part C of title II of the ESEA, up to 3 percent
shall be available to the Secretary of Education for technical
assistance and dissemination of information: Provided further, That
$510,209,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That $39,302,000 shall be used for the
projects, and in the amounts, specified under the heading ``Innovation
and Improvement'' in the committee report of the Senate accompanying
this Act: Provided further, That $1,000,000 shall be for a national
clearinghouse that will collect and disseminate information on
effective educational practices and the latest research regarding the
planning, design, financing, construction, improvement, operation, and
maintenance of safe, healthy, high-performance public facilities for
nursery and pre-kindergarten, kindergarten through grade 12, and higher
education: Provided further, That $300,000,000 of the funds for subpart
1 of part D of title V of the ESEA shall be for competitive grants to
local educational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one non-profit
organization to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in high-need
schools: Provided further, That such performance-based compensation
systems must consider gains in student academic achievement as well as
classroom evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided further,
That recipients of such grants shall demonstrate that such performance-
based systems are developed with the input of teachers and school
leaders in the schools and local educational agencies to be served by
the grant: Provided further, That recipients of such grants may use
such funds to develop or improve systems and tools (which may be
developed and used for the entire local educational agency or only for
schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student achievement:
Provided further, That applications for such grants should include a
plan to sustain financially the activities conducted and systems
developed under the grant once the grant period has expired: Provided
further, That up to 5 percent of such funds for competitive grants
shall be available for technical assistance, training, peer review of
applications, program outreach and evaluation activities: Provided
further, That of the funds available for part B of title V of the ESEA,
the Secretary shall use up to $23,082,000 to carry out activities under
section 5205(b) and under subpart 2: Provided further, That of the
funds available for subpart 1 of part B of title V of the ESEA, and not
withstanding section 5205(a), the Secretary may reserve funds to make
multiple awards to charter management organizations and other entities
for the replication and expansion of successful charter school models.

Safe Schools and Citizenship Education

For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3 and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965,
$438,061,000: Provided, That $257,690,000 shall be available for
subpart 2 of part A of title IV: Provided further, That $146,912,000
shall be available to carry out part D of title V: Provided further,
That of the funds available to carry out subpart 3 of part C of title
II, up to $13,383,000 may be used to carry out section 2345 and
$2,957,000 shall be used by the Center for Civic Education to implement
a comprehensive program to improve public knowledge, understanding, and
support of the Congress and the State legislatures.

English Language Acquisition

For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $750,000,000, which shall become
available on July 1, 2010, and shall remain available through September
30, 2011, except that 6.5 percent of such amount shall be available on
October 1, 2009, and shall remain available through September 30, 2011,
to carry out activities under section 3111(c)(1)(C): Provided, That the
Secretary of Education shall use estimates of the American Community
Survey child counts for the most recent 3-year period available to
calculate allocations under such part.

Special Education

For carrying out the Individuals with Disabilities Education Act
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
$12,587,856,000, of which $3,726,354,000 shall become available on July
1, 2010, and shall remain available through September 30, 2011, and of
which $8,592,383,000 shall become available on October 1, 2010, and
shall remain available through September 30, 2011, for academic year
2010-2011: Provided, That $13,250,000 shall be for Recording for the
Blind and Dyslexic, Inc., to support the development, production, and
circulation of accessible educational materials: Provided further, That
$1,500,000 shall be for the recipient of funds provided by Public Law
105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to
the enactment of the Individuals with Disabilities Education
Improvement Act of 2004) to provide information on diagnosis,
intervention, and teaching strategies for children with disabilities:
Provided further, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2009, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2009: Provided
further, That funds made available for the Special Olympics Sport and
Empowerment Act of 2004 may be used to support expenses associated with
the Special Olympics National and World games.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,507,322,000: Provided, That
$2,525,000 shall be used for the projects, and in the amounts,
specified under the heading ``Rehabilitation Services and Disability
Research'' in the committee report of the Senate accompanying this Act.

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act of March 3, 1879, $24,600,000.

national technical institute for the deaf

For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $68,437,000, of which
$5,400,000 shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the Institute
may at its discretion use funds for the endowment program as authorized
under section 207 of such Act.

gallaudet university

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $126,000,000, of which $8,000,000 shall be for construction and
shall remain available until expended: Provided, That from the total
amount available, the University may at its discretion use funds for
the endowment program as authorized under section 207 of such Act.

Career, Technical, and Adult Education

For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006, the Adult Education
and Family Literacy Act, subpart 4 of part D of title V of the
Elementary and Secondary Education Act of 1965 (``ESEA'') and title
VIII-D of the Higher Education Amendments of 1998, $2,018,447,000, of
which $4,400,000 shall become available on October 1, 2009 and remain
available through September 30, 2011, of which $1,223,047,000 shall
become available on July 1, 2010, and shall remain available through
September 30, 2011, and of which $791,000,000 shall become available on
October 1, 2010, and shall remain available through September 30, 2011:
Provided, That the Secretary of Education shall first distribute up to
$46,000,000 to those States that, due to administrative error, were
underpaid for fiscal years 2003 through 2008 in the amounts such States
were underpaid: Provided further, That the Secretary shall not reduce
the allocations for those years to the States that were overpaid
through such error, or take other corrective action with respect to
those overpayments: Provided further, That the additional funds
provided to States to correct the administrative error shall not be
considered in determining the ``hold-harmless'' amounts under section
211(f) of the Adult Education and Family Literacy Act for fiscal year
2011 or subsequent fiscal years: Provided further, That of the amount
provided for Adult Education State Grants, $75,000,000 shall be made
available for integrated English literacy and civics education services
to immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated English
literacy and civics education, notwithstanding section 211 of the Adult
Education and Family Literacy Act, 65 percent shall be allocated to
States based on a State's absolute need as determined by calculating
each State's share of a 10-year average of the United States
Citizenship and Immigration Services data for immigrants admitted for
legal permanent residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by the average
of the 3 most recent years for which United States Citizenship and
Immigration Services data for immigrants admitted for legal permanent
residence are available, except that no State shall be allocated an
amount less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act, $13,346,000
shall be for national leadership activities under section 243: Provided
further, That $88,000,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the ESEA, of which
up to 5 percent shall become available October 1, 2009, and shall
remain available through September 30, 2011, for evaluation, technical
assistance, school networks, peer review of applications, and program
outreach activities, and of which not less than 95 percent shall become
available on July 1, 2010, and remain available through September 30,
2011, for grants to local educational agencies: Provided further, That
funds made available to local educational agencies under this subpart
shall be used only for activities related to establishing smaller
learning communities within large high schools or small high schools
that provide alternatives for students enrolled in large high schools:
Provided further, That the Secretary may use amounts available under
this heading for the necessary costs of any close-out of the National
Institute for Literacy.

Student Financial Assistance

(including rescission of funds)

For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, $19,296,809,000, which
shall remain available through September 30, 2011.
The maximum Pell Grant for which a student shall be eligible during
award year 2010-2011 shall be $4,860.
Of the funds made available under section 401A(e)(1)(D) of the
Higher Education Act of 1965, $511,000,000 are hereby rescinded.

Student Aid Administration

For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 4, and 9 of part A, and parts B, C, D, and E of
title IV of the Higher Education Act of 1965, $870,402,000, which shall
remain available until expended.

Higher Education

For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965
(``HEA''), section 1543 of the Higher Education Amendments of 1992, the
Mutual Educational and Cultural Exchange Act of 1961, title VIII of the
Higher Education Amendments of 1998, part I of subtitle A of title VI
of the America COMPETES Act, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $2,106,749,000: Provided,
That $9,687,000, to remain available through September 30, 2011, shall
be available to fund fellowships for academic year 2011-2012 under
subpart 1 of part A of title VII of the HEA, under the terms and
conditions of such subpart 1: Provided further, That $609,000 shall be
for data collection and evaluation activities for programs under the
HEA, including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds referred
to in the preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That notwithstanding any other provision
of law, a recipient of a multi-year award under section 316 of the HEA,
as that section was in effect prior to the date of enactment of the
Higher Education Opportunity Act (``HEOA''), that would have otherwise
received a continuation award for fiscal year 2010 under that section,
shall receive under section 316, as amended by the HEOA, not less than
the amount that such recipient would have received under such a
continuation award: Provided further, That the portion of the funds
received under section 316 by a recipient described in the preceding
proviso that is equal to the amount of such continuation award shall be
used in accordance with the terms of such continuation award: Provided
further, That $1,500,000, to remain available until expended, shall be
available to carry out a scholarship program for the purpose of
increasing the skilled workforce for industrial health and safety
occupations, including mine safety: Provided further, That the
Secretary of Education shall identify these scholarships as ``Erma Byrd
Scholarships'': Provided further, That such scholarships shall be
awarded without regard to an applicant's prior work experience, but the
Secretary shall, notwithstanding section 437 of the General Education
Provisions Act and 5 U.S.C. 553, by notice in the Federal Register,
establish the eligibility requirements, service obligations, payback
requirements, and other program requirements similar to those specified
in section 515 of the Federal Mine Safety and Health Act as are
necessary to implement such a program: Provided further, That such
scholarship funds may be used to replace a student's expected family
contribution, but institutions accepting such scholarship funds may not
use these funds to supplant existing institutional aid: Provided
further, That the Secretary shall be authorized to accept contributions
for such scholarships from private sources: Provided further, That
these funds shall be used for scholarships for academic year 2010-2011
and may be available for scholarships in academic year 2011-2012:
Provided further, That $36,500,000 shall be used for the projects, and
in the amounts, specified under the heading ``Higher Education'' in the
committee report of the Senate accompanying this Act.

Howard University

For partial support of Howard University, $234,977,000, of which
not less than $3,600,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.

College Housing and Academic Facilities Loans Program

For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, $461,000.

Historically Black College and University Capital Financing Program
Account

For the cost of guaranteed loans, $10,000,000, as authorized
pursuant to part D of title III of the HEA: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $89,000,000. In
addition, for administrative expenses to carry out the Historically
Black College and University Capital Financing Program entered into
pursuant to part D of title III of the HEA, $354,000.

Institute of Education Sciences

For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $679,256,000, of which $361,241,000 shall be available
until September 30, 2011: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used for
Statewide data systems that include postsecondary and workforce
information and information on children of all ages: Provided further,
That up to $10,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for State data
coordinators and for awards to public or private organizations or
agencies to improve data coordination, quality, and use.

Departmental Management

program administration

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $452,200,000, of which $8,200,000, to remain
available until expended, shall be for relocation of, and renovation of
buildings occupied by, Department staff.

office for civil rights

For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $103,024,000.

office of the inspector general

For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $60,053,000.

General Provisions

Sec. 301.  No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302.  None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303.  No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.

(transfer of funds)

Sec. 304.  Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 305.  The Outlying Areas may consolidate funds received under
this Act pursuant to 48 U.S.C. 1469a, under part A of title V of the
Elementary and Secondary Education Act.
Sec. 306.  None of the funds made available in the sixth proviso
under the heading ``Innovation and Improvement'' in this Act shall be
made available for new awards under the Teacher Incentive Fund prior to
the submission of an impact evaluation plan to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 307.  Section 14007 of division A of the American Recovery and
Reinvestment Act of 2009 is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) Purpose of awards.--The Secretary shall make awards
to eligible entities in order to identify, document, and bring
to scale innovative best practices based on demonstrated
success, to allow such eligible entities to--
``(A) expand their work and serve as models for
best practices; and
``(B) work in partnership with the private sector
and the philanthropic community.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (1)(A), (1)(B), (2), and (3), respectively;
(B) in paragraph (1)(A), as so redesignated, by
inserting ``or'' after the semicolon;
(C) by amending paragraph (1)(B), as so
redesignated, to read as follows:
``(B) have demonstrated success in significantly increasing
student academic achievement for all groups of students
described in such section;''; and
(D) in paragraph (3), as so redesignated, by
striking ``they have established partnerships'' and
inserting ``it has established one or more
partnerships'';
(3) in subsection (c), by striking ``paragraphs'' and all
that follows through ``such requirements'' and inserting
``paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if the
nonprofit organization has a record of significantly improving
student achievement, attainment, or retention and shall be
considered to have met the requirements of subsection (b)(3) if
it demonstrates that it will meet the requirement relating to
private-sector matching''; and
(4) by adding at the end a new subsection (d) to read as
follows:
``(d) Subgrants.--In the case of an eligible entity that is a
partnership described in subsection (a)(1)(B), the partner serving as
the fiscal agent may make subgrants to one or more of the other
entities in the partnership.''.
Sec. 308.  Section 5621 of the Elementary and Secondary Education
Act of 1965, as added by this Act by reference to S. 1121 (111th
Congress, as introduced on May 21, 2009), is amended--
(1) in subsection (c)(1)(C)(i), by inserting ``, which
includes planning for improvement of school libraries within
public elementary school and secondary school buildings''
before the semicolon; and
(2) in subsection (d)(1)--
(A) in subparagraph (A)--
(i) by redesignating clauses (ii) through
(iv) as clauses (iii) through (v),
respectively; and
(ii) by inserting after clause (i) the
following:
``(ii) repairing, replacing, or
constructing school libraries at public
elementary schools or secondary schools;''
(B) in subparagraph (F), by inserting ``throughout
the school building'' before the period.
Sec. 309.  Section 307 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2008 is amended by striking ``and 2009'' each place the term occurs and
inserting ``through 2011''.
This title may be cited as the ``Department of Education
Appropriations Act, 2010''.

TITLE IV

RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,396,000.

Corporation for National and Community Service

operating expenses

For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service Act of
1973 (``1973 Act'') and the National and Community Service Act of 1990
(``1990 Act''), $864,316,000, of which $321,269,000 shall be to carry
out the 1973 Act and $543,047,000 shall be to carry out the 1990 Act
and notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $50,000,000 shall be available for expenses
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $8,000,000
shall be available for expenses to carry out sections 112(e), 179A, and
198O and subtitle J of title I of the 1990 Act, notwithstanding section
501(a)(6) of the 1990 Act; (4) $5,000,000 shall be available for grants
to public or private nonprofit institutions to increase the
participation of individuals with disabilities in national service and
for demonstration activities in furtherance of this purpose,
notwithstanding section 129(k)(1) of the 1990 Act; (5) $17,000,000
shall be available to provide assistance to State commissions on
national and community service, under section 126(a) of the 1990 Act
and notwithstanding section 501(a)(5)(B) of the 1990 Act; and (6)
$29,000,000 shall be available to carry out subtitle E of the 1990 Act:
Provided further, That none of the funds made available under this
heading for activities authorized by section 122 and part E of title II
of the 1973 Act shall be used to provide stipends or other monetary
incentives to program participants or volunteer leaders whose incomes
exceed the income guidelines in subsections 211(e) and 213(b) of the
1973 Act.

national service trust

(including transfer of funds)

For necessary expenses for the National Service Trust established
under subtitle D of title I of the National and Community Service Act
of 1990 (``1990 Act''), $197,000,000, to remain available until
expended: Provided, That the Corporation for National and Community
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
participants and after notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That amounts 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).

salaries and expenses

For necessary expenses of administration as provided under section
501(a)(5) of the National and Community Service Act of 1990 and under
section 504(a) of the Domestic Volunteer Service Act of 1973, including
payment of salaries, authorized travel, hire of passenger motor
vehicles, the rental of conference rooms in the District of Columbia,
the employment of experts and consultants authorized under 5 U.S.C.
3109, and not to exceed $2,500 for official reception and
representation expenses, $88,000,000.

office of inspector general

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,700,000.

administrative provisions

Sec. 401.  The Corporation for National and Community Service
(``the Corporation'') shall notify the Committees on Appropriations of
the House of Representatives and the Senate 15 days prior to any
significant changes to program requirements, service delivery or
policy. For fiscal year 2010, during any grant selection process, an
officer or employee of the Corporation shall not knowingly disclose any
covered grant selection information regarding such selection, directly
or indirectly, to any person other than an officer or employee of the
Corporation that is authorized by the Corporation to receive such
information.
Sec. 402.  Donations made to the Corporation for National and
Community Service under section 196 of the National and Community
Service Act of 1990 (``1990 Act'') for the purposes of financing
programs and operations under titles I and II of the 1973 Act or
subtitles B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting
(``Corporation''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by that
Act, for the fiscal year 2012, $450,000,000: Provided, That no funds
made available to the Corporation by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further, That no
funds made available to the Corporation by this Act shall be used to
apply any political test or qualification in selecting, appointing,
promoting, or taking any other personnel action with respect to
officers, agents, and employees of the Corporation: Provided further,
That none of the funds made available to the Corporation by this Act
shall be used to support the Television Future Fund or any similar
purpose.
In addition, for payment to the Corporation for fiscal year 2010,
$71,000,000 as follows:
(1) $10,000,000 shall be for fiscal stabilization grants to
public radio and television licensees, with no deduction for
administrative or other costs of the Corporation, to maintain
local programming and services and preserve jobs threatened by
declines in non-Federal revenues due to the downturn in the
economy;
(2) $36,000,000 shall be for costs related to digital
program production, development, and distribution associated
with the transition of public broadcasting to digital
broadcasting, to be awarded as determined by the Corporation in
consultation with public radio and television licensees or
permittees, or their designated representatives; and
(3) $25,000,000 is available pursuant to section 396(k)(10)
of the Communications Act of 1934 for replacement and upgrade
of the public radio interconnection system.

Federal Mediation and Conciliation Service

salaries and expenses

For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$46,303,000: Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organizations,
and for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further,
That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.

Federal Mine Safety and Health Review Commission

salaries and expenses

For expenses necessary for the Federal Mine Safety and Health
Review Commission, $10,858,000.

Institute of Museum and Library Services

office of museum and library services: grants and administration

For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$275,056,000, of which $6,500,000 shall be used for the projects, and
in the amounts, specified under the heading ``Office of Museum and
Library Services: Grants and Administration'' in the committee report
of the Senate accompanying this Act: Provided, That funds may be made
available for support through inter-agency agreement or grant to
commemorative Federal commissions that support museum and library
activities, in partnership with libraries and museums that are eligible
for funding under programs carried out by the Institute of Museum and
Library Services.

Medicare Payment Advisory Commission

salaries and expenses

For expenses necessary to carry out section 1805 of the Social
Security Act, $11,800,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.

National Council on Disability

salaries and expenses

For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,271,000.

National Labor Relations Board

salaries and expenses

For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $283,400,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947,
and as defined in section 3(f) of the Act of June 25, 1938, and
including in said definition employees engaged in the maintenance and
operation of ditches, canals, reservoirs, and waterways when maintained
or operated on a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming purposes.

National Mediation Board

salaries and expenses

For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,934,000.

Occupational Safety and Health Review Commission

salaries and expenses

For expenses necessary for the Occupational Safety and Health
Review Commission, $11,712,000.

Railroad Retirement Board

dual benefits payments account

For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $64,000,000,
which shall include amounts becoming available in fiscal year 2010
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the total
amount provided herein shall be credited in 12 approximately equal
amounts on the first day of each month in the fiscal year.

federal payments to the railroad retirement accounts

For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2011, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.

limitation on administration

For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $109,073,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.

limitation on the office of inspector general

For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,186,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.

Social Security Administration

payments to social security trust funds

For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,404,000.

supplemental security income program

For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$34,742,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2011, $16,000,000,000, to
remain available until expended.

limitation on administrative expenses

For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $45,000 for official reception and
representation expenses, not more than $10,800,500,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $2,300,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2010 not needed for fiscal
year 2010 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the first paragraph, not less than
$273,000,000 shall be available for the cost associated with conducting
continuing disability reviews under titles II and XVI of the Social
Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act.
In addition to the amounts made available above, and subject to the
same terms and conditions, $485,000,000, for additional continuing
disability reviews and redeterminations of eligibility, of which, upon
a determination by the Commissioner of Social Security that such
initiative would be at least as cost-effective as redeterminations of
eligibility, up to $34,000,000 shall be available for one or more
initiatives to improve asset verification: Provided, That the
Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these
additional amounts, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through
2002.
In addition, $160,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2010
exceed $160,000,000, the amounts shall be available in fiscal year 2011
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.

office of inspector general

(including transfer of funds)

For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$29,000,000, together with not to exceed $73,682,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate.

TITLE V

GENERAL PROVISIONS

Sec. 501.  The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502.  No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504.  The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $22,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and expenses''.
Sec. 505.  Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to carry out any program
of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
Sec. 506.  When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 510. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 511.  None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 512.  None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513.  None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 514.  None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 515.  None of the funds made available by this Act to carry
out part D of title II of the Elementary and Secondary Education Act of
1965 may be made available to any elementary or secondary school
covered by paragraph (1) of section 2441(a) of such Act, as amended by
the Children's Internet Protection Act and the No Child Left Behind
Act, unless the local educational agency with responsibility for such
covered school has made the certifications required by paragraph (2) of
such section.
Sec. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2010, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2010, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
Sec. 517. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate scientific information that is deliberately false or
misleading.
Sec. 518.  Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2010 that are different than those
specified in this Act, the accompanying detailed table in the committee
report of the Senate accompanying this Act, or the fiscal year 2010
budget request.
Sec. 519.  The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $5,000,000 in value and awarded by the Department
on a non-competitive basis during each quarter of fiscal year 2010, but
not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the contractor or grantee, the
amount of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 520.  Section 8103(b) of Public Law 110-28 is amended--
(1) in paragraph (1)(B), by inserting before the semicolon
the following: ``, except that, beginning in 2010 and each year
thereafter, such increase shall occur on September 30''; and
(2) in paragraph (2)(C), by inserting before the period the
following: ``, except that, beginning in 2010 and each year
thereafter, such increase shall occur on September 30''.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2010''.
Calendar No. 149

111th CONGRESS

1st Session

H. R. 3293

[Report No. 111-66]

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2010, and for other purposes.

_______________________________________________________________________

July 27, 2009

Received; read twice and referred to the Committee on Appropriations

July 4, 2009

Reported with an amendment