II 

Calendar No. 866 

110TH CONGRESS 

2D SESSION S. 3230 

[Report No. 110–410] 

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2008 

Mr. HARKIN, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2009, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 
2 

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1 Education, and Related Agencies for the fiscal year ending 

2 September 30, 2009, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 For necessary expenses of the Workforce Investment 

8 Act of 1998 (‘‘WIA’’), the Denali Commission Act of 

9 1998, and the Women in Apprenticeship and Non-Tradi10 tional Occupations Act of 1992, including the purchase 

11 and hire of passenger motor vehicles, the construction, al12 teration, and repair of buildings and other facilities, and 

13 the purchase of real property for training centers as au14 thorized by the WIA; $3,618,556,000, plus reimburse15 ments, is available. Of the amounts provided: 

16 (1) for grants to States for adult employment 

17 and training activities, youth activities, and dis18 located worker employment and training activities, 

19 $2,994,510,000 as follows: 

20 (A) $864,199,000 for adult employment 

21 and training activities, of which $152,199,000 

22 shall be available for the period July 1, 2009 to 

23 June 30, 2010, and of which $712,000,000 

24 shall be available for the period October 1, 

25 2009 through June 30, 2010; 
3 

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1 (B) $930,500,000 for youth activities, 

2 which shall be available for the period April 1, 

3 2009 through June 30, 2010; and 

4 (C) $1,199,811,000 for dislocated worker 

5 employment and training activities, of which 

6 $351,811,000 shall be available for the period 

7 July 1, 2009 through June 30, 2010, and of 

8 which $848,000,000 shall be available for the 

9 period October 1, 2009 through June 30, 2010: 

10 Provided, That notwithstanding the transfer limita11 tion under section 133(b)(4) of the WIA, up to 30 

12 percent of such funds may be transferred by a local 

13 board if approved by the Governor; 

14 (2) for federally administered programs, 

15 $477,525,000 as follows: 

16 (A) $282,092,000 for the dislocated work17 ers assistance national reserve, of which 

18 $70,092,000 shall be available for the period 

19 July 1, 2009 through June 30, 2010, and of 

20 which $212,000,000 shall be available for the 

21 period October 1, 2009 through June 30, 2010: 

22 Provided, That up to $125,000,000 may be 

23 made available for Community-Based Job 

24 Training grants from funds reserved under sec25 tion 132(a)(2)(A) of the WIA and shall be used 
4 

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1 to carry out such grants under section 171(d) 

2 of such Act, except that the 10 percent limita3 tion otherwise applicable to the amount of 

4 funds that may be used to carry out section 

5 171(d) shall not be applicable to funds used for 

6 Community-Based Job Training grants: Pro7 vided further, That funds provided to carry out 

8 section 132(a)(2)(A) of the WIA may be used 

9 to provide assistance to a State for State-wide 

10 or local use in order to address cases where 

11 there have been worker dislocations across mul12 tiple sectors or across multiple local areas and 

13 such workers remain dislocated; coordinate the 

14 State workforce development plan with emerg15 ing economic development needs; and train such 

16 eligible dislocated workers: Provided further, 

17 That funds provided to carry out section 171(d) 

18 of the WIA may be used for demonstration 

19 projects that provide assistance to new entrants 

20 in the workforce and incumbent workers; 

21 (B) $52,758,000 for Native American pro22 grams, which shall be available for the period 

23 July 1, 2009 through June 30, 2010; 

24 (C) $82,740,000 for migrant and seasonal 

25 farmworker programs under section 167 of the 
5 

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1 WIA, including $76,710,000 for formula grants 

2 (of which not less that 70 percent shall be for 

3 employment and training services), $5,500,000 

4 for migrant and seasonal housing (of which not 

5 less than 70 percent shall be for permanent 

6 housing), and $530,000 for other discretionary 

7 purposes, which shall be available for the period 

8 July 1, 2009 through June 30, 2010: Provided, 

9 That, notwithstanding any other provision of 

10 law or related regulation, the Department shall 

11 take no action limiting the number or propor12 tion of eligible participants receiving related as13 sistance services or discouraging grantees from 

14 providing such services; 

15 (D) $983,000 for carrying out the Women 

16 in Apprenticeship and Nontraditional Occupa17 tions Act, which shall be available for the period 

18 July 1, 2009 through June 30, 2010; and 

19 (E) $58,952,000 for YouthBuild activities 

20 as described in section 173A of the WIA, which 

21 shall be available for the period April 1, 2009 

22 through June 30, 2010; and 

23 (3) for national activities, $146,521,000, which 

24 shall be available for the period July 1, 2009 

25 through June 30, 2010 as follows: 
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1 (A) $31,438,000 for Pilots, Demonstra2 tions, and Research: Provided, That 

3 $26,525,000 shall be available under section 

4 171 of the WIA for the projects and in the 

5 amounts specified in the Committee report of 

6 the Senate accompanying this Act: Provided 

7 further, That such projects and funds shall not 

8 be subject to the requirements of sections 

9 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the 

10 joint funding requirements of sections 

11 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or 

12 any time limit requirements of sections 

13 171(b)(2)(C) and 171(c)(4)(B) of the WIA; 

14 (B) $103,493,000 for ex-offender activi15 ties, under the authority of section 171 of the 

16 Act, notwithstanding the requirements of sec17 tion 171(b)(2)(B) or 171(c)(4)(D), of which not 

18 less than $86,000,000 shall be for youthful of19 fender activities: Provided, That $60,000,000 

20 shall be for competitive grants to local edu21 cational agencies or community-based organiza22 tions to develop and implement mentoring strat23 egies that integrate educational and employ24 ment interventions designed to prevent youth 

25 violence in schools with high rates of school 
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1 dropout or identified as persistently dangerous 

2 under section 9532 of the Elementary and Sec3 ondary Education Act; 

4 (C) $4,835,000 for Evaluation under sec5 tion 172 of the WIA; and 

6 (D) $6,755,000 for the Denali Commis7 sion. 

8 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

9 AMERICANS

10 To carry out title V of the Older Americans Act of 

11 1965, $571,925,000, which shall be available for the pe12 riod July 1, 2009 through June 30, 2010. 

13 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

14 For payments during fiscal year 2009 of trade ad15 justment benefit payments and allowances under part I 

16 of subchapter B of chapter 2 of title II of the Trade Act 

17 of 1974, and section 246 of that Act; and for training, 

18 allowances for job search and relocation, and related State 

19 administrative expenses under part II of subchapter B of 

20 chapter 2 of title II of the Trade Act of 1974, 

21 $958,800,000, together with such amounts as may be nec22 essary to be charged to the subsequent appropriation for 

23 payments for any period subsequent to September 15, 

24 2009. 
8 

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1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses, 

4 $89,335,000, together with not to exceed $3,563,028,000 

5 which may be expended from the Employment Security 

6 Administration Account in the Unemployment Trust Fund 

7 (‘‘the Trust Fund’’), of which: 

8 (1) $2,782,145,000 from the Trust Fund is for 

9 grants to States for the administration of State un10 employment insurance laws as authorized under title 

11 III of the Social Security Act (including 

12 $10,000,000 to conduct in-person reemployment and 

13 eligibility assessments and unemployment insurance 

14 improper payment reviews), the administration of 

15 unemployment insurance for Federal employees and 

16 for ex-service members as authorized under sections 

17 8501–8523 of title 5, United States Code, and the 

18 administration of trade readjustment allowances and 

19 alternative trade adjustment assistance under the 

20 Trade Act of 1974, and shall be available for obliga21 tion by the States through December 31, 2009, ex22 cept that funds used for automation acquisitions 

23 shall be available for obligation by the States 

24 through September 30, 2011, and funds used for 

25 unemployment insurance workloads experienced by 
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1 the States through September 30, 2009 shall be 

2 available for Federal obligation through December 

3 31, 2009. 

4 (2) $9,727,000 from the Trust Fund is for na5 tional activities necessary to support the administra6 tion of the Federal-State unemployment insurance 

7 system. 

8 (3) $680,893,000 from the Trust Fund, to9 gether with $22,883,000 from the General Fund of 

10 the Treasury, is for grants to States in accordance 

11 with section 6 of the Wagner-Peyser Act, and shall 

12 be available for Federal obligation for the period 

13 July 1, 2009 through June 30, 2010. 

14 (4) $20,026,000 from the Trust Fund is for na15 tional activities of the Employment Service, includ16 ing administration of the work opportunity tax cred17 it under section 51 of the Internal Revenue Code of 

18 1986, and the provision of technical assistance and 

19 staff training under the Wagner-Peyser Act, includ20 ing not to exceed $1,228,000 that may be used for 

21 amortization payments to States which had inde22 pendent retirement plans in their State employment 

23 service agencies prior to 1980. 

24 (5) $70,237,000 from the Trust Fund is for the 

25 administration of foreign labor certifications and re-
10 

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1 lated activities under the Immigration and Nation2 ality Act and related laws, of which $54,497,000 

3 shall be available for the Federal administration of 

4 such activities, and of which $15,740,000 shall be 

5 available for grants to States for the administration 

6 of such activities. 

7 (6) $52,059,000 from the General Fund is to 

8 provide workforce information, national electronic 

9 tools, and one-stop system building under the Wag10 ner-Peyser Act and the Green Jobs Act of 2007 and 

11 shall be available for Federal obligation for the pe12 riod July 1, 2009 through June 30, 2010. 

13 (7) $14,393,000 from the General Fund is to 

14 provide for work incentive grants to the States and 

15 shall be available for the period July 1, 2009 

16 through June 30, 2010: 

17 Provided, That to the extent that the Average Weekly In18 sured Unemployment (‘‘AWIU’’) for fiscal year 2009 is 

19 projected by the Department of Labor to exceed 

20 3,487,000, an additional $28,600,000 from the Trust 

21 Fund shall be available for obligation for every 100,000 

22 increase in the AWIU level (including a pro rata amount 

23 for any increment less than 100,000) to carry out title 

24 III of the Social Security Act: Provided further, That 

25 funds appropriated in this Act that are allotted to a State 
11 

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1 to carry out activities under title III of the Social Security 

2 Act may be used by such State to assist other States in 

3 carrying out activities under such title III if the other 

4 States include areas that have suffered a major disaster 

5 declared by the President under the Robert T. Stafford 

6 Disaster Relief and Emergency Assistance Act: Provided 

7 further, That the Secretary of Labor may use funds appro8 priated for grants to States under title III of the Social 

9 Security Act to make payments on behalf of States for 

10 the use of the National Directory of New Hires under sec11 tion 453(j)(8) of such Act: Provided further, That funds 

12 appropriated in this Act which are used to establish a na13 tional one-stop career center system, or which are used 

14 to support the national activities of the Federal-State un15 employment insurance or immigration programs, may be 

16 obligated in contracts, grants, or agreements with non17 State entities: Provided further, That funds appropriated 

18 under this Act for activities authorized under title III of 

19 the Social Security Act and the Wagner-Peyser Act may 

20 be used by States to fund integrated Unemployment In21 surance and Employment Service automation efforts, not22 withstanding cost allocation principles prescribed under 

23 the Office of Management and Budget Circular A–87. 

24 In addition, $40,000,000 from the Employment Se25 curity Administration Account of the Unemployment 
12 

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1 Trust Fund shall be available to conduct reemployment 

2 and eligibility assessments and unemployment insurance 

3 improper payment reviews: Provided, That not later than 

4 June 30, 2010, the Secretary shall submit an interim re5 port to the Congress that includes available information 

6 on expenditures, number of individuals assessed, and out7 comes from the assessments: Provided further, That not 

8 later than June 30, 2011, the Secretary of Labor shall 

9 submit to the Congress a final report containing com10 prehensive information on the estimated savings that re11 sult from the assessments of claimants and identification 

12 of best practices. 

13 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

14 OTHER FUNDS

15 For repayable advances to the Unemployment Trust 

16 Fund as authorized by sections 905(d) and 1203 of the 

17 Social Security Act, and to the Black Lung Disability 

18 Trust Fund as authorized by section 9501(c)(1) of the In19 ternal Revenue Code of 1954; and for nonrepayable ad20 vances to the Unemployment Trust Fund as authorized 

21 by 5 U.S.C. 8509, and to the ‘‘Federal unemployment ben22 efits and allowances’’ account, to remain available through 

23 September 30, 2010, $422,000,000. 

24 In addition, for making repayable advances to the 

25 Black Lung Disability Trust Fund in the current fiscal 

26 year after September 15, 2009, for costs incurred by the 
13 

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1 Black Lung Disability Trust Fund in the current fiscal 

2 year, such sums as may be necessary. 

3 PROGRAM ADMINISTRATION

4 For expenses of administering employment and train5 ing programs, $84,368,000, together with not to exceed 

6 $46,785,000, which may be expended from the Employ7 ment Security Administration Account in the Unemploy8 ment Trust Fund. 

9 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Employee Benefits 

12 Security Administration, $139,313,000. 

13 PENSION BENEFIT GUARANTY CORPORATION

14 PENSION BENEFIT GUARANTY CORPORATION FUND

15 The Pension Benefit Guaranty Corporation (‘‘Cor16 poration’’) is authorized to make such expenditures, in17 cluding financial assistance authorized by subtitle E of 

18 title IV of the Employee Retirement Income Security Act 

19 of 1974, within limits of funds and borrowing authority 

20 available to such Corporation, and in accord with law, and 

21 to make such contracts and commitments without regard 

22 to fiscal year limitations as provided by 31 U.S.C. 9104, 

23 as may be necessary in carrying out the program, includ24 ing associated administrative expenses, through Sep25 tember 30, 2009, for such Corporation: Provided, That 

26 none of the funds available to the Corporation for fiscal 
14 

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1 year 2009 shall be available for obligations for administra2 tive expenses in excess of $444,722,000: Provided further, 

3 That to the extent that the number of new plan partici4 pants in plans terminated by the Corporation exceeds 

5 100,000 in fiscal year 2009, an amount not to exceed an 

6 additional $9,200,000 shall be available for obligation for 

7 administrative expenses for every 20,000 additional termi8 nated participants: Provided further, That an additional 

9 $50,000 shall be made available for obligation for invest10 ment management fees for every $25,000,000 in assets 

11 received by the Corporation as a result of new plan termi12 nations or asset growth, after approval by the Office of 

13 Management and Budget and notification of the Commit14 tees on Appropriations of the House of Representatives 

15 and the Senate: Provided further, That obligations in ex16 cess of the amounts provided in this paragraph may be 

17 incurred for unforeseen and extraordinary pre-termination 

18 expenses after approval by the Office of Management and 

19 Budget and notification of the Committees on Appropria20 tions of the House of Representatives and the Senate. 

21 EMPLOYMENT STANDARDS ADMINISTRATION

22 SALARIES AND EXPENSES

23 (INCLUDING RESCISSION OF FUNDS)

24 For necessary expenses for the Employment Stand25 ards Administration, including reimbursement to State, 

26 Federal, and local agencies and their employees for inspec-
15 

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1 tion services rendered, $436,337,000, together with 

2 $2,022,000 which may be expended from the Special Fund 

3 in accordance with sections 39(c), 44(d), and 44(j) of the 

4 Longshore and Harbor Workers’ Compensation Act: Pro5 vided, That the Secretary of Labor is authorized to estab6 lish and, in accordance with 31 U.S.C. 3302, collect and 

7 deposit in the Treasury fees for processing applications 

8 and issuing certificates under sections 11(d) and 14 of the 

9 Fair Labor Standards Act of 1938 and for processing ap10 plications and issuing registrations under title I of the Mi11 grant and Seasonal Agricultural Worker Protection Act. 

12 Of the unobligated funds collected pursuant to sec13 tion 286(v) of the Immigration and Nationality Act, 

14 through September 1, 2009, $63,000,000 are permanently 

15 rescinded. 

16 SPECIAL BENEFITS

17 (INCLUDING TRANSFER OF FUNDS)

18 For the payment of compensation, benefits, and ex19 penses (except administrative expenses) accruing during 

20 the current or any prior fiscal year authorized by 5 U.S.C. 

21 81; continuation of benefits as provided for under the 

22 heading ‘‘Civilian War Benefits’’ in the Federal Security 

23 Agency Appropriation Act, 1947; the Employees’ Com24 pensation Commission Appropriation Act, 1944; sections 

25 4(c) and 5(f) of the War Claims Act of 1948; and 50 per26 cent of the additional compensation and benefits required 
16 

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1 by section 10(h) of the Longshore and Harbor Workers’ 

2 Compensation Act, $163,000,000, together with such 

3 amounts as may be necessary to be charged to the subse4 quent year appropriation for the payment of compensation 

5 and other benefits for any period subsequent to August 

6 15 of the current year: Provided, That amounts appro7 priated may be used under 5 U.S.C. 8104, by the Sec8 retary of Labor to reimburse an employer, who is not the 

9 employer at the time of injury, for portions of the salary 

10 of a reemployed, disabled beneficiary: Provided further, 

11 That balances of reimbursements unobligated on Sep12 tember 30, 2008, shall remain available until expended for 

13 the payment of compensation, benefits, and expenses: Pro14 vided further, That in addition there shall be transferred 

15 to this appropriation from the Postal Service and from 

16 any other corporation or instrumentality required under 

17 5 U.S.C. 8147(c), to pay an amount for its fair share of 

18 the cost of administration, such sums as the Secretary de19 termines to be the cost of administration for employees 

20 of such fair share entities through September 30, 2009: 

21 Provided further, That of those funds transferred to this 

22 account from the fair share entities to pay the cost of ad23 ministration of the Federal Employees’ Compensation Act, 

24 $52,720,000 shall be made available to the Secretary as 

25 follows: 
17 

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1 (1) For enhancement and maintenance of auto2 mated data processing systems and telecommuni3 cations systems, $15,068,000. 

4 (2) For automated workload processing oper5 ations, including document imaging, centralized mail 

6 intake and medical bill processing, $23,273,000. 

7 (3) For periodic roll management and medical 

8 review, $14,379,000. 

9 (4) The remaining funds shall be paid into the 

10 Treasury as miscellaneous receipts: 

11 Provided further, That the Secretary may require that any 

12 person filing a notice of injury or a claim for benefits 

13 under 5 U.S.C. 81, or the Longshore and Harbor Work14 ers’ Compensation Act, provide as part of such notice and 

15 claim, such identifying information (including Social Secu16 rity account number) as such regulations may prescribe. 

17 SPECIAL BENEFITS FOR DISABLED COAL MINERS

18 For carrying out title IV of the Federal Mine Safety 

19 and Health Act of 1977, as amended by Public Law 107– 

20 275, $188,130,000, to remain available until expended. 

21 For making after July 31 of the current fiscal year, 

22 benefit payments to individuals under title IV of such Act, 

23 for costs incurred in the current fiscal year, such amounts 

24 as may be necessary. 
18 

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1 For making benefit payments under title IV for the 

2 first quarter of fiscal year 2010, $56,000,000, to remain 

3 available until expended. 

4 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

5 OCCUPATIONAL ILLNESS COMPENSATION FUND

6 For necessary expenses to administer the Energy 

7 Employees Occupational Illness Compensation Program 

8 Act, $49,654,000, to remain available until expended: Pro9 vided, That the Secretary of Labor may require that any 

10 person filing a claim for benefits under the Act provide 

11 as part of such claim, such identifying information (in12 cluding Social Security account number) as may be pre13 scribed. 

14 BLACK LUNG DISABILITY TRUST FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 In fiscal year 2009 and thereafter, such sums as may 

17 be necessary from the Black Lung Disability Trust Fund 

18 (‘‘Fund’’), to remain available until expended, for payment 

19 of all benefits authorized by section 9501(d)(1), (2), (4), 

20 and (7) of the Internal Revenue Code of 1954; and inter21 est on advances, as authorized by section 9501(c)(2) of 

22 that Act. In addition, the following amounts may be ex23 pended from the Fund for fiscal year 2009 for expenses 

24 of operation and administration of the Black Lung Bene25 fits program, as authorized by section 9501(d)(5): not to 

26 exceed $32,308,000 for transfer to the Employment 
19 

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1 Standards Administration ‘‘Salaries and Expenses’’; not 

2 to exceed $24,694,000 for transfer to Departmental Man3 agement, ‘‘Salaries and Expenses’’; not to exceed 

4 $325,000 for transfer to Departmental Management, ‘‘Of5 fice of Inspector General’’; and not to exceed $356,000 

6 for payments into miscellaneous receipts for the expenses 

7 of the Department of the Treasury. 

8 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Occupational Safety 

11 and Health Administration, $504,620,000, including not 

12 to exceed $91,093,000 which shall be the maximum 

13 amount available for grants to States under section 23(g) 

14 of the Occupational Safety and Health Act (‘‘Act’’), which 

15 grants shall be no less than 50 percent of the costs of 

16 State occupational safety and health programs required to 

17 be incurred under plans approved by the Secretary of 

18 Labor under section 18 of the Act; and, in addition, not19 withstanding 31 U.S.C. 3302, the Occupational Safety 

20 and Health Administration may retain up to $750,000 per 

21 fiscal year of training institute course tuition fees, other22 wise authorized by law to be collected, and may utilize 

23 such sums for occupational safety and health training and 

24 education grants: Provided, That, notwithstanding 31 

25 U.S.C. 3302, the Secretary is authorized, during the fiscal 
20 

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1 year ending September 30, 2009, to collect and retain fees 

2 for services provided to Nationally Recognized Testing 

3 Laboratories, and may utilize such sums, in accordance 

4 with the provisions of 29 U.S.C. 9a, to administer national 

5 and international laboratory recognition programs that en6 sure the safety of equipment and products used by workers 

7 in the workplace: Provided further, That none of the funds 

8 appropriated under this paragraph shall be obligated or 

9 expended to prescribe, issue, administer, or enforce any 

10 standard, rule, regulation, or order under the Act which 

11 is applicable to any person who is engaged in a farming 

12 operation which does not maintain a temporary labor 

13 camp and employs 10 or fewer employees: Provided fur14 ther, That no funds appropriated under this paragraph 

15 shall be obligated or expended to administer or enforce 

16 any standard, rule, regulation, or order under the Act with 

17 respect to any employer of 10 or fewer employees who is 

18 included within a category having a Days Away, Re19 stricted, or Transferred (DART) occupational injury and 

20 illness rate, at the most precise industrial classification 

21 code for which such data are published, less than the na22 tional average rate as such rates are most recently pub23 lished by the Secretary, acting through the Bureau of 

24 Labor Statistics, in accordance with section 24 of the Act, 

25 except— 
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1 (1) to provide, as authorized by the Act, con2 sultation, technical assistance, educational and train3 ing services, and to conduct surveys and studies; 

4 (2) to conduct an inspection or investigation in 

5 response to an employee complaint, to issue a cita6 tion for violations found during such inspection, and 

7 to assess a penalty for violations which are not cor8 rected within a reasonable abatement period and for 

9 any willful violations found; 

10 (3) to take any action authorized by the Act 

11 with respect to imminent dangers; 

12 (4) to take any action authorized by the Act 

13 with respect to health hazards; 

14 (5) to take any action authorized by the Act 

15 with respect to a report of an employment accident 

16 which is fatal to one or more employees or which re17 sults in hospitalization of two or more employees, 

18 and to take any action pursuant to such investiga19 tion authorized by the Act; and 

20 (6) to take any action authorized by the Act 

21 with respect to complaints of discrimination against 

22 employees for exercising rights under the Act: 

23 Provided further, That the foregoing proviso shall not 

24 apply to any person who is engaged in a farming operation 

25 which does not maintain a temporary labor camp and em-
22 

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1 ploys 10 or fewer employees: Provided further, That 

2 $9,939,000 shall be available for Susan Harwood training 

3 grants, of which $3,144,000 shall be used for the Institu4 tional Competency Building training grants awarded in 

5 February 2008, provided that a grantee has demonstrated 

6 satisfactory performance: Provided further, That such 

7 grants shall be awarded not later than 30 days after the 

8 date of enactment of this Act. 

9 MINE SAFETY AND HEALTH ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Mine Safety and 

12 Health Administration, $346,895,000, including purchase 

13 and bestowal of certificates and trophies in connection 

14 with mine rescue and first-aid work, and the hire of pas15 senger motor vehicles, including up to $2,000,000 for 

16 mine rescue and recovery activities, $1,900,000 for an 

17 award to the United Mine Workers of America, for class18 room and simulated rescue training for mine rescue teams; 

19 in addition, not to exceed $750,000 may be collected by 

20 the National Mine Health and Safety Academy for room, 

21 board, tuition, and the sale of training materials, other22 wise authorized by law to be collected, to be available for 

23 mine safety and health education and training activities, 

24 notwithstanding 31 U.S.C. 3302; and, in addition, the 

25 Mine Safety and Health Administration may retain up to 
23 

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1 $1,000,000 from fees collected for the approval and cer2 tification of equipment, materials, and explosives for use 

3 in mines, and may utilize such sums for such activities; 

4 the Secretary of Labor is authorized to accept lands, 

5 buildings, equipment, and other contributions from public 

6 and private sources and to prosecute projects in coopera7 tion with other agencies, Federal, State, or private; the 

8 Mine Safety and Health Administration is authorized to 

9 promote health and safety education and training in the 

10 mining community through cooperative programs with 

11 States, industry, and safety associations; the Secretary is 

12 authorized to recognize the Joseph A. Holmes Safety As13 sociation as a principal safety association and, notwith14 standing any other provision of law, may provide funds 

15 and, with or without reimbursement, personnel, including 

16 service of Mine Safety and Health Administration officials 

17 as officers in local chapters or in the national organiza18 tion; and any funds available to the Department may be 

19 used, with the approval of the Secretary, to provide for 

20 the costs of mine rescue and survival operations in the 

21 event of a major disaster. 

22 BUREAU OF LABOR STATISTICS

23 SALARIES AND EXPENSES

24 For necessary expenses for the Bureau of Labor Sta25 tistics, including advances or reimbursements to State, 
24 

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1 Federal, and local agencies and their employees for serv2 ices rendered, $515,542,000, together with not to exceed 

3 $82,764,000, which may be expended from the Employ4 ment Security Administration Account in the Unemploy5 ment Trust Fund, of which $1,500,000 may be used to 

6 fund the mass layoff statistics program under section 15 

7 of the Wagner-Peyser Act: Provided, That the Current 

8 Employment Survey shall maintain the content of the sur9 vey issued prior to June 2005 with respect to the collection 

10 of data for the women worker series. 

11 OFFICE OF DISABILITY EMPLOYMENT POLICY

12 SALARIES AND EXPENSES

13 For necessary expenses for the Office of Disability 

14 Employment Policy to provide leadership, develop policy 

15 and initiatives, and award grants furthering the objective 

16 of eliminating barriers to the training and employment of 

17 people with disabilities, $26,679,000. 

18 DEPARTMENTAL MANAGEMENT

19 SALARIES AND EXPENSES

20 For necessary expenses for Departmental Manage21 ment, including the hire of three sedans, and including 

22 the management or operation, through contracts, grants 

23 or other arrangements of Departmental activities con24 ducted by or through the Bureau of International Labor 

25 Affairs, including bilateral and multilateral technical as-
25 

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1 sistance and other international labor activities, 

2 $314,013,000, of which $86,074,000 is for the Bureau of 

3 International Labor Affairs (including $5,913,000 to im4 plement model programs to address worker rights issues 

5 through technical assistance in countries with which the 

6 United States has trade preference programs), and of 

7 which $22,659,000 is for the acquisition of Departmental 

8 information technology, architecture, infrastructure, 

9 equipment, software and related needs, which will be allo10 cated by the Department’s Chief Information Officer in 

11 accordance with the Department’s capital investment 

12 management process to assure a sound investment strat13 egy; together with not to exceed $327,000, which may be 

14 expended from the Employment Security Administration 

15 Account in the Unemployment Trust Fund. 

16 OFFICE OF JOB CORPS

17 To carry out subtitle C of title I of the Workforce 

18 Investment Act of 1998, including Federal administrative 

19 expenses, the purchase and hire of passenger motor vehi20 cles, the construction, alteration and repairs of buildings 

21 and other facilities, and the purchase of real property for 

22 training centers as authorized by the Workforce Invest23 ment Act; $1,650,516,000, plus reimbursements, as fol24 lows: 

25 (1) $1,507,684,000 for Job Corps Operations, 

26 of which $916,684,000 is available for obligation for 
26 

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1 the period July 1, 2009 through June 30, 2010 and 

2 of which $591,000,000 is available for obligation for 

3 the period October 1, 2009 through June 30, 2010. 

4 (2) $113,960,000 for construction, rehabilita5 tion and acquisition of Job Corps Centers, of which 

6 $13,960,000 is available for the period July 1, 2009 

7 through June 30, 2012 and $100,000,000 is avail8 able for the period October 1, 2009 through June 

9 30, 2012. 

10 (3) $28,872,000 for necessary expenses of the 

11 Office of Job Corps is available for obligation for the 

12 period October 1, 2008 through September 30, 

13 2009: 

14 Provided, That the Office of Job Corps shall have con15 tracting authority: Provided further, That no funds from 

16 any other appropriation shall be used to provide meal serv17 ices at or for Job Corps centers. 

18 VETERANS EMPLOYMENT AND TRAINING

19 Not to exceed $205,468,000 may be derived from the 

20 Employment Security Administration Account in the Un21 employment Trust Fund to carry out the provisions of 38 

22 U.S.C. 4100–4113, 4211–4215, and 4321–4327, and 

23 Public Law 103–353, and which shall be available for obli24 gation by the States through December 31, 2009, of which 

25 $1,949,000 is for the National Veterans’ Employment and 

26 Training Services Institute. To carry out the Homeless 
27 

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1 Veterans Reintegration Programs under section 5(a)(1) of 

2 the Homeless Veterans Comprehensive Assistance Act of 

3 2001 and the Veterans Workforce Investment Programs 

4 under section 168 of the Workforce Investment Act, 

5 $32,971,000, of which $7,351,000 shall be available for 

6 obligation for the period July 1, 2009, through June 30, 

7 2010. 

8 OFFICE OF INSPECTOR GENERAL

9 For salaries and expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $76,326,000, together with not to 

12 exceed $5,815,000, which may be expended from the Em13 ployment Security Administration Account in the Unem14 ployment Trust Fund. 

15 GENERAL PROVISIONS

16 SEC. 101. None of the funds appropriated in this Act 

17 for the Job Corps shall be used to pay the salary of an 

18 individual, either as direct costs or any proration as an 

19 indirect cost, at a rate in excess of Executive Level I. 

20 (TRANSFER OF FUNDS)

21 SEC. 102. Not to exceed 1 percent of any discre22 tionary funds (pursuant to the Balanced Budget and 

23 Emergency Deficit Control Act of 1985) which are appro24 priated for the current fiscal year for the Department of 

25 Labor in this Act may be transferred between a program, 

26 project, or activity, but no such program, project, or activ-
28 

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1 ity shall be increased by more than 3 percent by any such 

2 transfer: Provided, That the transfer authority granted by 

3 this section shall be available only to meet emergency 

4 needs and shall not be used to create any new program 

5 or to fund any project or activity for which no funds are 

6 provided in this Act: Provided further, That the Commit7 tees on Appropriations of the House of Representatives 

8 and the Senate are notified at least 15 days in advance 

9 of any transfer. 

10 SEC. 103. In accordance with Executive Order No. 

11 13126, none of the funds appropriated or otherwise made 

12 available pursuant to this Act shall be obligated or ex13 pended for the procurement of goods mined, produced, 

14 manufactured, or harvested or services rendered, whole or 

15 in part, by forced or indentured child labor in industries 

16 and host countries already identified by the United States 

17 Department of Labor prior to enactment of this Act. 

18 SEC. 104. After September 30, 2008, the Secretary 

19 of Labor shall issue a monthly transit subsidy of not less 

20 than the full amount (of not less than $110) that each 

21 of its employees of the National Capital Region is eligible 

22 to receive. 

23 SEC. 105. None of the funds appropriated in this title 

24 for grants under section 171 of the Workforce Investment 

25 Act of 1998 may be obligated prior to the preparation and 
29 

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1 submission of a report by the Secretary of Labor to the 

2 Committees on Appropriations of the House of Represent3 atives and the Senate detailing the planned uses of such 

4 funds. 

5 SEC. 106. There is authorized to be appropriated 

6 such sums as may be necessary to the Denali Commission 

7 through the Department of Labor to conduct job training 

8 of the local workforce where Denali Commission projects 

9 will be constructed. 

10 SEC. 107. None of the funds made available to the 

11 Department of Labor for grants under section 414(c) of 

12 the American Competitiveness and Workforce Improve13 ment Act of 1998 may be used for any purpose other than 

14 training in the occupations and industries for which em15 ployers are using H–1B visas to hire foreign workers, and 

16 the related activities necessary to support such training: 

17 Provided, That the preceding limitation shall not apply to 

18 multi-year grants awarded prior to June 30, 2007. 

19 SEC. 108. None of the funds available in this Act or 

20 available to the Secretary of Labor from other sources for 

21 Community-Based Job Training grants and grants au22 thorized under section 414(c) of the American Competi23 tiveness and Workforce Improvement Act of 1998 shall 

24 be obligated for a grant awarded on a non-competitive 

25 basis. 
30 

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1 SEC. 109. The Secretary of Labor shall take no ac2 tion to amend, through regulatory or administration ac3 tion, the definition established in section 667.220 of title 

4 20 of the Code of Federal Regulations for functions and 

5 activities under title I of the Workforce Investment Act 

6 of 1998, or to modify, through regulatory or administra7 tive action, the procedure for redesignation of local areas 

8 as specified in subtitle B of title I of that Act (including 

9 applying the standards specified in section 116(a)(3)(B) 

10 of that Act, but notwithstanding the time limits specified 

11 in section 116(a)(3)(B) of that Act), until such time as 

12 legislation reauthorizing the Act is enacted. Nothing in the 

13 preceding sentence shall permit or require the Secretary 

14 of Labor to withdraw approval for such redesignation from 

15 a State that received the approval not later than October 

16 12, 2005, or to revise action taken or modify the redesig17 nation procedure being used by the Secretary in order to 

18 complete such redesignation for a State that initiated the 

19 process of such redesignation by submitting any request 

20 for such redesignation not later than October 26, 2005. 

21 SEC. 110. None of the funds made available in this 

22 or any other Act shall be available to finalize or implement 

23 any proposed regulation under the Workforce Investment 

24 Act of 1998, Wagner-Peyser Act of 1933, or the Trade 

25 Adjustment Assistance Reform Act of 2002 until such 
31 

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1 time as legislation reauthorizing the Workforce Invest2 ment Act of 1998 and the Trade Adjustment Assistance 

3 Reform Act of 2002 is enacted. 

4 SEC. 111. None of the funds available in this Act may 

5 be used to carry out a public-private competition or direct 

6 conversion under Office of Management and Budget Cir7 cular A–76 or any successor administrative regulation, di8 rective or policy until 60 days after the Government Ac9 countability Office provides a report to the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate on the use of competitive sourcing at the Depart12 ment of Labor. 

13 SEC. 112. None of the funds appropriated in this Act 

14 under the heading ‘‘Employment and Training Adminis15 tration’’ shall be used by a recipient or subrecipient of 

16 such funds to pay the salary and bonuses of an individual, 

17 either as direct costs or indirect costs, at a rate in excess 

18 of Executive Level II. This limitation shall not apply to 

19 vendors providing goods and services as defined in OMB 

20 Circular A–133. Where States are recipients of such 

21 funds, States may establish a lower limit for salaries and 

22 bonuses of those receiving salaries and bonuses from sub23 recipients of such funds, taking into account factors in24 cluding the relative cost-of-living in the State, the com25 pensation levels for comparable State or local government 
32 

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1 employees, and the size of the organizations that admin2 ister Federal programs involved including Employment 

3 and Training Administration programs. 

4 This title may be cited as the ‘‘Department of Labor 

5 Appropriations Act, 2009’’. 

6 TITLE II 

7 DEPARTMENT OF HEALTH AND HUMAN 

8 SERVICES 

9 HEALTH RESOURCES AND SERVICES ADMINISTRATION

10 HEALTH RESOURCES AND SERVICES

11 For carrying out titles II, III, IV, VII, VIII, X, XI, 

12 XII, XIX, and XXVI of the Public Health Service Act 

13 (‘‘PHS Act’’), section 427(a) of the Federal Coal Mine 

14 Health and Safety Act, title V and sections 1128E, and 

15 711, and 1820 of the Social Security Act, the Health Care 

16 Quality Improvement Act of 1986, the Native Hawaiian 

17 Health Care Act of 1988, the Cardiac Arrest Survival Act 

18 of 2000, and section 712 of the American Jobs Creation 

19 Act of 2004, and the Stem Cell Therapeutic and Research 

20 Act of 2005, $6,943,926,000, of which $170,597,000 shall 

21 be available for construction and renovation (including 

22 equipment) of health care and other facilities and other 

23 health-related activities specified in the Committee report 

24 of the Senate accompanying this Act, and of which 

25 $39,200,000 from general revenues, notwithstanding sec-
33 

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1 tion 1820(j) of the Social Security Act, shall be available 

2 for carrying out the Medicare rural hospital flexibility 

3 grants program under such section: Provided, That of the 

4 funds made available under this heading, $100,000 shall 

5 be available until expended for facilities renovations at the 

6 Gillis W. Long Hansen’s Disease Center: Provided further, 

7 That $62,000,000 of the funding provided for community 

8 health centers shall be for base grant adjustments for ex9 isting health centers: Provided further, That in addition 

10 to fees authorized by section 427(b) of the Health Care 

11 Quality Improvement Act of 1986, fees shall be collected 

12 for the full disclosure of information under the Act suffi13 cient to recover the full costs of operating the National 

14 Practitioner Data Bank, and shall remain available until 

15 expended to carry out that Act: Provided further, That fees 

16 collected for the full disclosure of information under the 

17 ‘‘Health Care Fraud and Abuse Data Collection Pro18 gram’’, authorized by section 1128E(d)(2) of the Social 

19 Security Act, shall be sufficient to recover the full costs 

20 of operating the program, and shall remain available until 

21 expended to carry out that Act: Provided further, That no 

22 more than $39,000 is available until expended for carrying 

23 out the provisions of section 224(o) of the PHS Act in24 cluding associated administrative expenses and relevant 

25 evaluations: Provided further, That no more than 
34 

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1 $44,055,000 is available until expended for carrying out 

2 the provisions of Public Law 104–73 and for expenses in3 curred by the Department of Health and Human Services 

4 pertaining to administrative claims made under such law: 

5 Provided further, That of the funds made available under 

6 this heading, $299,981,000 shall be for the program under 

7 title X of the PHS Act to provide for voluntary family 

8 planning projects: Provided further, That amounts pro9 vided to said projects under such title shall not be ex10 pended for abortions, that all pregnancy counseling shall 

11 be nondirective, and that such amounts shall not be ex12 pended for any activity (including the publication or dis13 tribution of literature) that in any way tends to promote 

14 public support or opposition to any legislative proposal or 

15 candidate for public office: Provided further, That of the 

16 funds available under this heading, $1,828,911,000 shall 

17 remain available to the Secretary of Health and Human 

18 Services through September 30, 2011, for parts A and B 

19 of title XXVI of the PHS Act: Provided further, That 

20 $800,422,000 shall be for State AIDS Drug Assistance 

21 Programs authorized by section 2616 of the PHS Act: 

22 Provided further, That in addition to amounts provided 

23 herein, $25,000,000 shall be available from amounts avail24 able under section 241 of the PHS Act to carry out parts 

25 A, B, C, and D of title XXVI of the PHS Act to fund 
35 

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1 section 2691 Special Projects of National Significance: 

2 Provided further, That, notwithstanding section 502(a)(1) 

3 and 502(b)(1) of the Social Security Act, not to exceed 

4 $97,287,000 is available for carrying out special projects 

5 of regional and national significance pursuant to section 

6 501(a)(2) of such Act and $10,400,000 is available for 

7 projects described in paragraphs (A) through (F) of sec8 tion 501(a)(3) of such Act: Provided further, That of the 

9 funds provided, $39,283,000 shall be provided to the 

10 Denali Commission as a direct lump payment pursuant 

11 to Public Law 106–113: Provided further, That of the 

12 funds provided, $25,000,000 shall be provided for the 

13 Delta Health Initiative as authorized in section 219 of di14 vision G of Public Law 110–161 and associated adminis15 trative expenses: Provided further, That notwithstanding 

16 section 747(e)(2) of the PHS Act, not less than 

17 $4,913,000 shall be for general dentistry programs, not 

18 less than $4,913,000 shall be for pediatric dentistry pro19 grams including faculty loan repayment and not less than 

20 $24,184,000 shall be for family medicine programs: Pro21 vided further, That funds provided under section 846 and 

22 subpart 3 of part D of title III of the PHS Act may be 

23 used to make prior year adjustments to awards made 

24 under these sections. 
36 

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1 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

2 ACCOUNT

3 Such sums as may be necessary to carry out the pur4 pose of the program, as authorized by title VII of the Pub5 lic Health Service Act (‘‘PHS Act’’). For administrative 

6 expenses to carry out the guaranteed loan program, in7 cluding section 709 of the PHS Act, $2,847,000. 

8 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

9 For payments from the Vaccine Injury Compensation 

10 Program Trust Fund (‘‘Trust Fund’’), such sums as may 

11 be necessary for claims associated with vaccine-related in12 jury or death with respect to vaccines administered after 

13 September 30, 1988, pursuant to subtitle 2 of title XXI 

14 of the Public Health Service Act, to remain available until 

15 expended: Provided, That for necessary administrative ex16 penses, not to exceed $7,000,000 shall be available from 

17 the Trust Fund to the Secretary of Health and Human 

18 Services. 

19 CENTERS FOR DISEASE CONTROL AND PREVENTION

20 DISEASE CONTROL, RESEARCH, AND TRAINING

21 To carry out titles II, III, VII, XI, XV, XVII, XIX, 

22 XXI, and XXVI of the Public Health Service Act (‘‘PHS 

23 Act’’), sections 101, 102, 103, 201, 202, 203, 301, 501, 

24 and 514 of the Federal Mine Safety and Health Act of 

25 1977, section 13 of the Mine Improvement and New 

26 Emergency Response Act of 2006, sections 20, 21, and 
37 

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1 22 of the Occupational Safety and Health Act of 1970, 

2 title IV of the Immigration and Nationality Act, section 

3 501 of the Refugee Education Assistance Act of 1980, and 

4 for expenses necessary to support activities related to 

5 countering potential biological, disease, nuclear, radio6 logical, and chemical threats to civilian populations; in7 cluding purchase and insurance of official motor vehicles 

8 in foreign countries; and purchase, hire, maintenance, and 

9 operation of aircraft, $6,313,674,000, of which 

10 $150,000,000 shall remain available until expended for 

11 equipment, construction and renovation of facilities; of 

12 which $570,307,000 shall remain available until expended 

13 for the Strategic National Stockpile; of which $14,212,000 

14 shall be available for public health improvement activities 

15 specified in the Committee report of the Senate accom16 panying this Act; of which $118,863,000 for international 

17 HIV/AIDS shall remain available through September 30, 

18 2010; and of which $51,583,000 shall be available until 

19 expended to provide screening and treatment for first re20 sponse emergency services personnel, residents, students, 

21 and others related to the September 11, 2001 terrorist 

22 attacks on the World Trade Center: Provided, That in ad23 dition, such sums as may be derived from authorized user 

24 fees, which shall be credited to this account: Provided fur25 ther, That in addition to amounts provided herein, the fol-
38 

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1 lowing amounts shall be available from amounts available 

2 under section 241 of the PHS Act: (1) $12,794,000 to 

3 carry out the National Immunization Surveys; (2) 

4 $31,000,000 to carry out Public Health Research; and (3) 

5 $94,969,000 to carry out research activities within the 

6 National Occupational Research Agenda: Provided further, 

7 That none of the funds made available for injury preven8 tion and control at the Centers for Disease Control and 

9 Prevention may be used, in whole or in part, to advocate 

10 or promote gun control: Provided further, That up to 

11 $28,466,000 shall be made available until expended for 

12 Individual Learning Accounts for full-time equivalent em13 ployees of the Centers for Disease Control and Prevention: 

14 Provided further, That the Director may redirect the total 

15 amount made available under authority of Public Law 

16 101–502, section 3, dated November 3, 1990, to activities 

17 the Director may so designate: Provided further, That the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate are to be notified promptly of any 

20 such transfer: Provided further, That not to exceed 

21 $18,598,000 may be available for making grants under 

22 section 1509 of the PHS Act to not less than 15 States, 

23 tribes, or tribal organizations: Provided further, That not24 withstanding any other provision of law, the Centers for 

25 Disease Control and Prevention shall award a single con-
39 

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1 tract or related contracts for development and construc2 tion of the next building or facility designated in the 

3 Buildings and Facilities Master Plan that collectively in4 clude the full scope of the project: Provided further, That 

5 the solicitation and contract shall contain the clause 

6 ‘‘availability of funds’’ found at 48 CFR 52.232–18: Pro7 vided further, That of the funds appropriated, $10,000 is 

8 for official reception and representation expenses when 

9 specifically approved by the Director of the Centers for 

10 Disease Control and Prevention: Provided further, That 

11 employees of the Centers for Disease Control and Preven12 tion or the Public Health Service, both civilian and Com13 missioned Officers, detailed to States, municipalities, or 

14 other organizations under authority of section 214 of the 

15 PHS Act, or in overseas assignments, shall be treated as 

16 non-Federal employees for reporting purposes only and 

17 shall not be included within any personnel ceiling applica18 ble to the Agency, Service, or the Department of Health 

19 and Human Services during the period of detail or assign20 ment: Provided further, That out of funds made available 

21 under this heading for domestic HIV/AIDS testing, up to 

22 $30,000,000 shall be for States newly eligible in fiscal 

23 year 2009 under section 2625 of the PHS Act as of De24 cember 31, 2008 and shall be distributed by May 31, 2009 

25 based on standard criteria relating to a State’s epidemio-
40 

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1 logical profile, and of which not more than $1,000,000 

2 may be made available to any one State, and amounts that 

3 have not been obligated by May 31, 2009 shall be made 

4 available to States and local public health departments for 

5 HIV testing activities. 

6 In addition, for necessary expenses to administer the 

7 Energy Employees Occupational Illness Compensation 

8 Program Act, $55,358,000, to remain available until ex9 pended: Provided, That this amount shall be available con10 sistent with the provision regarding administrative ex11 penses in section 151 of division B, title I of Public Law 

12 106–554. 

13 NATIONAL INSTITUTES OF HEALTH

14 NATIONAL CANCER INSTITUTE

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to cancer, 

17 $4,958,594,000, of which up to $8,000,000 may be used 

18 for facilities repairs and improvements at the NCI-Fred19 erick Federally Funded Research and Development Center 

20 in Frederick, Maryland. 

21 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to cardiovascular, lung, 

24 and blood diseases, and blood and blood products, 

25 $3,006,344,000. 
41 

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1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to dental disease, 

5 $401,405,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to diabetes and diges10 tive and kidney disease, $1,755,881,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

12 AND STROKE

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to neurological dis15 orders and stroke, $1,588,405,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to allergy and infec21 tious diseases, $4,688,828,000: Provided, That 

22 $300,000,000 may be made available to International As23 sistance Programs ‘‘Global Fund to Fight HIV/AIDS, Ma24 laria, and Tuberculosis’’, to remain available until ex25 pended. 
42 

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1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to general medical 

4 sciences, $1,991,609,000. 

5 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

6 CHILD HEALTH AND HUMAN DEVELOPMENT

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to child health and 

9 human development, $1,290,873,000. 

10 NATIONAL EYE INSTITUTE

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to eye diseases and 

13 visual disorders, $687,346,000. 

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to environmental 

18 health sciences, $660,767,000. 

19 NATIONAL INSTITUTE ON AGING

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to aging, 

22 $1,077,448,000. 
43 

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1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to arthritis and mus5 culoskeletal and skin diseases, $523,246,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to deafness and other 

10 communication disorders, $406,000,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to nursing research, 

14 $141,439,000. 

15 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

16 ALCOHOLISM

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to alcohol abuse and 

19 alcoholism, $448,834,000. 

20 NATIONAL INSTITUTE ON DRUG ABUSE

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to drug abuse, 

23 $1,029,539,000. 
44 

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1 NATIONAL INSTITUTE OF MENTAL HEALTH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to mental health, 

4 $1,445,987,000. 

5 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to human genome re8 search, $501,411,000. 

9 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

10 BIOENGINEERING

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to biomedical imaging 

13 and bioengineering research, $307,254,000. 

14 NATIONAL CENTER FOR RESEARCH RESOURCES

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to research resources 

17 and general research support grants, $1,192,576,000. 

18 NATIONAL CENTER FOR COMPLEMENTARY AND

19 ALTERNATIVE MEDICINE

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to complementary and 

22 alternative medicine, $125,082,000. 
45 

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1 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

2 DISPARITIES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to minority health and 

5 health disparities research, $205,322,000. 

6 JOHN E. FOGARTY INTERNATIONAL CENTER

7 For carrying out the activities of the John E. Fogarty 

8 International Center (described in subpart 2 of part E of 

9 title IV of the Public Health Service Act), $68,476,000. 

10 NATIONAL LIBRARY OF MEDICINE

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act (‘‘PHS Act’’) with respect to health 

13 information communications, $329,996,000, of which 

14 $4,000,000 shall be available until expended for improve15 ment of information systems: Provided, That in fiscal year 

16 2009, the National Library of Medicine may enter into 

17 personal services contracts for the provision of services in 

18 facilities owned, operated, or constructed under the juris19 diction of the National Institutes of Health: Provided fur20 ther, That in addition to amounts provided herein, 

21 $8,200,000 shall be available from amounts available 

22 under section 241 of the PHS Act to carry out the pur23 poses of the National Information Center on Health Serv24 ices Research and Health Care Technology established 

25 under section 478A of the PHS Act and related health 

26 services. 
46 

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1 OFFICE OF THE DIRECTOR

2 For carrying out the responsibilities of the Office of 

3 the Director, National Institutes of Health (‘‘NIH’’), 

4 $1,275,281,000, of which up to $25,000,000 shall be used 

5 to carry out section 214 of this Act: Provided, That fund6 ing shall be available for the purchase of not to exceed 

7 29 passenger motor vehicles for replacement only: Pro8 vided further, That the NIH is authorized to collect third 

9 party payments for the cost of clinical services that are 

10 incurred in NIH research facilities and that such pay11 ments shall be credited to the NIH Management Fund: 

12 Provided further, That all funds credited to such Fund 

13 shall remain available for one fiscal year after the fiscal 

14 year in which they are deposited: Provided further, That 

15 $192,300,000 shall be available for continuation of the 

16 National Children’s Study: Provided further, That 

17 $568,119,000 shall be available for the Common Fund es18 tablished under section 402A(c)(1) of the Public Health 

19 Service Act (‘‘PHS Act’’): Provided further, That of the 

20 funds provided $10,000 shall be for official reception and 

21 representation expenses when specifically approved by the 

22 Director of the NIH: Provided further, That the Office of 

23 AIDS Research within the Office of the Director of the 

24 NIH may spend up to $8,000,000 to make grants for con-
47 

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1 struction or renovation of facilities as provided for in sec2 tion 2354(a)(5)(B) of the PHS Act. 

3 BUILDINGS AND FACILITIES

4 For the study of, construction of, renovation of, and 

5 acquisition of equipment for, facilities of or used by the 

6 National Institutes of Health, including the acquisition of 

7 real property, $146,581,000, to remain available until ex8 pended. 

9 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

10 ADMINISTRATION

11 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

12 For carrying out titles III, V and XIX of the Public 

13 Health Service Act (‘‘PHS Act’’) with respect to substance 

14 abuse and mental health services, and the Protection and 

15 Advocacy for Individuals with Mental Illness Act, 

16 $3,259,647,000, of which $7,250,000 shall be available for 

17 the projects and in the amounts specified in the Com18 mittee report of the Senate accompanying this Act: Pro19 vided, That notwithstanding section 520A(f)(2) of the 

20 PHS Act, no funds appropriated for carrying out section 

21 520A are available for carrying out section 1971 of the 

22 PHS Act: Provided further, That $18,869,000 shall be 

23 available for such purposes under section 1921 of the PHS 

24 Act for supplemental performance awards for grant recipi25 ents that have demonstrated superior performance as de26 termined by the Secretary: Provided further, That in addi-
48 

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1 tion to amounts provided herein, the following amounts 

2 shall be available under section 241 of the PHS Act: (1) 

3 $79,200,000 to carry out subpart II of part B of title XIX 

4 of the PHS Act to fund section 1935(b) technical assist5 ance, national data, data collection and evaluation activi6 ties, and further that the total available under this Act 

7 for section 1935(b) activities shall not exceed 5 percent 

8 of the amounts appropriated for subpart II of part B of 

9 title XIX; (2) $21,039,000 to carry out subpart I of part 

10 B of title XIX of the PHS Act to fund section 1920(b) 

11 technical assistance, national data, data collection and 

12 evaluation activities, and further that the total available 

13 under this Act for section 1920(b) activities shall not ex14 ceed 5 percent of the amounts appropriated for subpart 

15 I of part B of title XIX; (3) $22,750,000 to carry out 

16 national surveys on drug abuse and mental health; and 

17 (4) $6,000,000 to collect and analyze data and evaluate 

18 substance abuse treatment programs: Provided further, 

19 That section 520E(b)(2) of the PHS Act shall not apply 

20 to funds appropriated under this Act for fiscal year 2009: 

21 Provided further, That $2,000,000 shall be available to es22 tablish State-administered controlled substance moni23 toring systems as authorized by Public Law 109–60. 
49 

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1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

3 For carrying out titles III and IX of the Public 

4 Health Service Act (‘‘PHS Act’’), part A of title XI of 

5 the Social Security Act, and section 1013 of the Medicare 

6 Prescription Drug, Improvement, and Modernization Act 

7 of 2003, $90,598,000; and in addition, amounts received 

8 from Freedom of Information Act fees, reimbursable and 

9 interagency agreements, and the sale of data shall be cred10 ited to this appropriation and shall remain available until 

11 expended: Provided, That the amount made available pur12 suant to section 937(c) of the PHS Act shall not exceed 

13 $243,966,000. 

14 CENTERS FOR MEDICARE AND MEDICAID SERVICES

15 GRANTS TO STATES FOR MEDICAID

16 For carrying out, except as otherwise provided, titles 

17 XI and XIX of the Social Security Act, $149,335,031,000, 

18 to remain available until expended. 

19 For making, after May 31, 2009, payments to States 

20 under title XIX of the Social Security Act for the last 

21 quarter of fiscal year 2009 for unanticipated costs, in22 curred for the current fiscal year, such sums as may be 

23 necessary. 

24 For making payments to States or in the case of sec25 tion 1928 on behalf of States under title XIX of the Social 
50 

S 3230 PCS 

1 Security Act for the first quarter of fiscal year 2010, 

2 $71,700,038,000, to remain available until expended. 

3 Payment under title XIX may be made for any quar4 ter with respect to a State plan or plan amendment in 

5 effect during such quarter, if submitted in or prior to such 

6 quarter and approved in that or any subsequent quarter. 

7 PAYMENTS TO HEALTH CARE TRUST FUNDS

8 For payment to the Federal Hospital Insurance and 

9 the Federal Supplementary Medical Insurance Trust 

10 Funds, as provided under sections 217(g), 1844 and 

11 1860D–16 of the Social Security Act, sections 103(c) and 

12 111(d) of the Social Security Amendments of 1965, sec13 tion 278(d) of Public Law 97–248, and for administrative 

14 expenses incurred pursuant to section 201(g) of the Social 

15 Security Act, $195,308,000,000. 

16 In addition, for making matching payments under 

17 section 1844, and benefit payments under section 1860D– 

18 16 of the Social Security Act, not anticipated in budget 

19 estimates, such sums as may be necessary. 

20 PROGRAM MANAGEMENT

21 For carrying out, except as otherwise provided, titles 

22 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

23 XIII and XXVII of the Public Health Service Act (‘‘PHS 

24 Act’’), and the Clinical Laboratory Improvement Amend25 ments of 1988, not to exceed $3,270,574,000, to be trans26 ferred from the Federal Hospital Insurance and the Fed-
51 

S 3230 PCS 

1 eral Supplementary Medical Insurance Trust Funds, as 

2 authorized by section 201(g) of the Social Security Act; 

3 together with all funds collected in accordance with section 

4 353 of the PHS Act and section 1857(e)(2) of the Social 

5 Security Act, funds retained by the Secretary of Health 

6 and Human Services pursuant to section 302 of the Tax 

7 Relief and Health Care Act of 2006; and such sums as 

8 may be collected from authorized user fees and the sale 

9 of data, which shall be credited to this account and remain 

10 available until expended: Provided, That all funds derived 

11 in accordance with 31 U.S.C. 9701 from organizations es12 tablished under title XIII of the PHS Act shall be credited 

13 to and available for carrying out the purposes of this ap14 propriation: Provided further, That $35,700,000, to re15 main available until September 30, 2010, is for contract 

16 costs for the Healthcare Integrated General Ledger Ac17 counting System: Provided further, That $108,900,000, to 

18 remain available until September 30, 2010, is for the Cen19 ters for Medicare and Medicaid Services (‘‘CMS’’) Medi20 care contracting reform activities: Provided further, That 

21 funds appropriated under this heading are available for 

22 the Healthy Start, Grow Smart program under which the 

23 CMS may, directly or through grants, contracts, or coop24 erative agreements, produce and distribute informational 

25 materials including, but not limited to, pamphlets and bro-
52 

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1 chures on infant and toddler health care to expectant par2 ents enrolled in the Medicaid program and to parents and 

3 guardians enrolled in such program with infants and chil4 dren: Provided further, That the Secretary is directed to 

5 collect fees in fiscal year 2009 from Medicare Advantage 

6 organizations pursuant to section 1857(e)(2) of the Social 

7 Security Act and from eligible organizations with risk8 sharing contracts under section 1876 of that Act pursuant 

9 to section 1876(k)(4)(D) of that Act: Provided further, 

10 That $2,230,000 shall be available for the projects and 

11 in the amounts specified in the Committee report of the 

12 Senate accompanying this Act. 

13 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

14 In addition to amounts otherwise available for pro15 gram integrity and program management, $198,000,000, 

16 to be transferred from the Federal Hospital Insurance 

17 Trust Fund and the Federal Supplementary Medical In18 surance Trust Fund, as authorized by section 201(g) of 

19 the Social Security Act, of which $147,038,000 shall be 

20 for the Medicare Integrity Program at the Centers for 

21 Medicare and Medicaid Services to conduct oversight of 

22 activities for Medicare Advantage and the Medicare Pre23 scription Drug Program authorized in title XVIII of the 

24 Social Security Act, including activities listed in section 

25 1893(b) of such Act; of which $18,967,000 shall be for 

26 the Department of Health and Human Services Office of 
53 

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1 Inspector General; of which $13,028,000 shall be for the 

2 Medicaid and SCHIP program integrity activities; and of 

3 which $18,967,000 shall be for the Department of Justice: 

4 Provided, That the report required by section 1817(k)(5) 

5 of the Social Security Act for fiscal year 2009 shall include 

6 measures of the operational efficiency and impact on 

7 fraud, waste and abuse in the Medicare, Medicaid and 

8 SCHIP programs for the funds provided by this appro9 priation. 

10 ADMINISTRATION FOR CHILDREN AND FAMILIES

11 PAYMENTS TO STATES FOR CHILD SUPPORT

12 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

13 For making payments to States or other non-Federal 

14 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

15 Social Security Act and the Act of July 5, 1960, 

16 $2,759,078,000, to remain available until expended; and 

17 for such purposes for the first quarter of fiscal year 2010, 

18 $1,000,000,000, to remain available until expended. 

19 For making payments to each State for carrying out 

20 the program of Aid to Families with Dependent Children 

21 under title IV–A of the Social Security Act before the ef22 fective date of the program of Temporary Assistance for 

23 Needy Families with respect to such State, such sums as 

24 may be necessary: Provided, That the sum of the amounts 

25 available to a State with respect to expenditures under 
54 

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1 such title IV–A in fiscal year 1997 under this appropria2 tion and under such title IV–A as amended by the Per3 sonal Responsibility and Work Opportunity Reconciliation 

4 Act of 1996 shall not exceed the limitations under section 

5 116(b) of such Act. 

6 For making, after May 31 of the current fiscal year, 

7 payments to States or other non-Federal entities under 

8 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

9 Act and the Act of July 5, 1960, for the last 3 months 

10 of the current fiscal year for unanticipated costs, incurred 

11 for the current fiscal year, such sums as may be necessary. 

12 LOW-INCOME HOME ENERGY ASSISTANCE

13 For making payments under section 2602(b) and sec14 tion 2602(d) of the Low-Income Home Energy Assistance 

15 Act of 1981, $1,980,000,000. 

16 For making payments under section 2602(e) of the 

17 Low-Income Home Energy Assistance Act of 1981, 

18 $590,328,000, notwithstanding the designation require19 ment of section 2602(e) of such Act. 

20 REFUGEE AND ENTRANT ASSISTANCE

21 For necessary expenses for refugee and entrant as22 sistance activities authorized by section 414 of the Immi23 gration and Nationality Act and section 501 of the Ref24 ugee Education Assistance Act of 1980, for carrying out 

25 section 462 of the Homeland Security Act of 2002, for 

26 costs associated with the care and placement of unaccom-
55 

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1 panied alien children, and for carrying out the Torture 

2 Victims Relief Act of 1998, $635,044,000, of which up 

3 to $9,814,000 shall be available to carry out the Traf4 ficking Victims Protection Act of 2000: Provided, That 

5 funds appropriated under this heading pursuant to section 

6 414(a) of the Immigration and Nationality Act and sec7 tion 462 of the Homeland Security Act of 2002 for fiscal 

8 year 2009 shall be available for the costs of assistance pro9 vided and other activities to remain available through Sep10 tember 30, 2011. 

11 PAYMENTS TO STATES FOR THE CHILD CARE AND

12 DEVELOPMENT BLOCK GRANT

13 For carrying out the Child Care and Development 

14 Block Grant Act of 1990, $2,137,081,000 shall be used 

15 to supplement, not supplant State general revenue funds 

16 for child care assistance for low-income families: Provided, 

17 That $19,120,350 shall be available for child care resource 

18 and referral and school-aged child care activities, of which 

19 $1,000,018 shall be for the Child Care Aware toll-free hot20 line: Provided further, That, in addition to the amounts 

21 required to be reserved by the States under section 658G, 

22 $272,676,992 shall be reserved by the States for activities 

23 authorized under section 658G, of which $100,001,830 

24 shall be for activities that improve the quality of infant 

25 and toddler care: Provided further, That $10,000,307 shall 

26 be for use by the Secretary of Health and Human Services 
56 

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1 for child care research, demonstration, and evaluation ac2 tivities. 

3 SOCIAL SERVICES BLOCK GRANT

4 For making grants to States pursuant to section 

5 2002 of the Social Security Act, $1,700,000,000: Pro6 vided, That notwithstanding subparagraph (B) of section 

7 404(d)(2) of such Act, the applicable percent specified 

8 under such subparagraph for a State to carry out State 

9 programs pursuant to title XX of such Act shall be 10 

10 percent. 

11 CHILDREN AND FAMILIES SERVICES PROGRAMS

12 For carrying out, except as otherwise provided, the 

13 Runaway and Homeless Youth Act, the Developmental 

14 Disabilities Assistance and Bill of Rights Act, the Head 

15 Start Act, the Child Abuse Prevention and Treatment Act, 

16 sections 310 and 316 of the Family Violence Prevention 

17 and Services Act, the Native American Programs Act of 

18 1974, title II of the Child Abuse Prevention and Treat19 ment and Adoption Reform Act of 1978 (adoption oppor20 tunities), sections 330F and 330G of the Public Health 

21 Service Act (‘‘PHS Act’’), the Abandoned Infants Assist22 ance Act of 1988, sections 261 and 291 of the Help Amer23 ica Vote Act of 2002, part B–1 of title IV and sections 

24 413, 1110, and 1115 of the Social Security Act; for mak25 ing payments under the Community Services Block Grant 

26 Act (‘‘CSBG Act’’), sections 439(i), 473B, and 477(i) of 
57 

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1 the Social Security Act, and the Assets for Independence 

2 Act, and for necessary administrative expenses to carry 

3 out such Acts and titles I, IV, V, X, XI, XIV, XVI, and 

4 XX of the Social Security Act, the Act of July 5, 1960, 

5 the Low-Income Home Energy Assistance Act of 1981, 

6 title IV of the Immigration and Nationality Act, section 

7 501 of the Refugee Education Assistance Act of 1980, and 

8 section 505 of the Family Support Act of 1988, 

9 $9,184,205,000, of which $15,000,000, to remain avail10 able until September 30, 2010, shall be for grants to 

11 States for adoption incentive payments, as authorized by 

12 section 473A of the Social Security Act and may be made 

13 for adoptions completed before September 30, 2009: Pro14 vided, That without regard to the fiscal year limitations 

15 set forth in section 473A of the Social Security Act, from 

16 the amounts appropriated herein, the Secretary shall pay 

17 adoption incentives for fiscal year 2008 in the same man18 ner as such incentives were awarded in fiscal year 2008 

19 for the previous fiscal year: Provided further, That 

20 $7,104,571,000 shall be for making payments under the 

21 Head Start Act, including $3,000,000 designated to fund 

22 section 657B, of which $1,388,800,000 shall become avail23 able October 1, 2009, and shall remain available through 

24 September 30, 2010: Provided further, That $693,767,000 

25 shall be for making payments under the CSBG Act: Pro-
58 

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1 vided further, That not less than $8,500,000 shall be for 

2 section 680(3)(B) of the CSBG Act: Provided further, 

3 That in addition to amounts provided herein, $5,762,000 

4 shall be available from amounts available under section 

5 241 of the PHS Act to carry out the provisions of section 

6 1110 of the Social Security Act: Provided further, That 

7 to the extent Community Services Block Grant funds are 

8 distributed as grant funds by a State to an eligible entity 

9 as provided under the CSBG Act, and have not been ex10 pended by such entity, they shall remain with such entity 

11 for carryover into the next fiscal year for expenditure by 

12 such entity consistent with program purposes: Provided 

13 further, That the Secretary of Health and Human Services 

14 shall establish procedures regarding the disposition of in15 tangible assets and program income that permit such as16 sets acquired with, and program income derived from, 

17 grant funds authorized under section 680 of the CSBG 

18 Act to become the sole property of such grantees after a 

19 period of not more than 12 years after the end of the 

20 grant period for any activity consistent with section 

21 680(a)(2)(A) of the CSBG Act: Provided further, That in22 tangible assets in the form of loans, equity investments 

23 and other debt instruments, and program income may be 

24 used by grantees for any eligible purpose consistent with 

25 section 680(a)(2)(A) of the CSBG Act: Provided further, 
59 

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1 That these procedures shall apply to such grant funds 

2 made available after November 29, 1999: Provided further, 

3 That funds appropriated for section 680(a)(2) of the 

4 CSBG Act shall be available for financing construction 

5 and rehabilitation and loans or investments in private 

6 business enterprises owned by community development 

7 corporations: Provided further, That $42,688,000 is for a 

8 compassion capital fund to provide grants to charitable or9 ganizations to emulate model social service programs and 

10 to encourage research on the best practices of social serv11 ice organizations: Provided further, That $17,410,000 

12 shall be for activities authorized by the Help America Vote 

13 Act of 2002, of which $12,154,000 shall be for payments 

14 to States to promote access for voters with disabilities, and 

15 of which $5,256,000 shall be for payments to States for 

16 protection and advocacy systems for voters with disabil17 ities: Provided further, That $80,417,000 shall be for mak18 ing competitive grants to provide abstinence education to 

19 adolescents, and for Federal costs of administering the 

20 grant: Provided further, That information provided 

21 through grants under the immediately preceding proviso 

22 shall be scientifically accurate and shall comply with sec23 tion 317P(c)(2) of the PHS Act: Provided further, That 

24 in addition to amounts provided herein for abstinence edu25 cation for adolescents, $4,410,000 shall be available from 
60 

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1 amounts available under section 241 of the PHS Act to 

2 carry out evaluations (including longitudinal evaluations) 

3 of adolescent pregnancy prevention approaches: Provided 

4 further, That up to $2,000,000 shall be for improving the 

5 Public Assistance Reporting Information System, includ6 ing grants to States to support data collection for a study 

7 of the system’s effectiveness: Provided further, That 

8 $7,790,000 shall be available for the projects and in the 

9 amounts specified in the Committee report of the Senate 

10 accompanying this Act. 

11 PROMOTING SAFE AND STABLE FAMILIES

12 For carrying out section 436 of the Social Security 

13 Act, $345,000,000 and section 437 of such Act, 

14 $73,311,000. 

15 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

16 ASSISTANCE

17 For making payments to States or other non-Federal 

18 entities under title IV–E of the Social Security Act, 

19 $5,096,000,000. 

20 For making payments to States or other non-Federal 

21 entities under title IV–E of the Social Security Act, for 

22 the first quarter of fiscal year 2010, $1,800,000,000. 

23 For making, after May 31 of the current fiscal year, 

24 payments to States or other non-Federal entities under 

25 section 474 of title IV–E of the Social Security Act, for 

26 the last 3 months of the current fiscal year for unantici-
61 

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1 pated costs, incurred for the current fiscal year, such sums 

2 as may be necessary. 

3 ADMINISTRATION ON AGING

4 AGING SERVICES PROGRAMS

5 For carrying out, to the extent not otherwise pro6 vided, the Older Americans Act of 1965 and section 398 

7 of the Public Health Service Act, $1,478,156,000, of 

8 which $5,500,000 shall be available for activities regard9 ing medication management, screening, and education to 

10 prevent incorrect medication and adverse drug reactions: 

11 Provided, That $2,025,000 shall be available for the 

12 projects and in the amounts specified in the Committee 

13 report of the Senate accompanying this Act. 

14 OFFICE OF THE SECRETARY

15 GENERAL DEPARTMENTAL MANAGEMENT

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses, not otherwise provided, for 

18 general departmental management, including hire of six 

19 sedans, and for carrying out titles III, XVII, XX, and XXI 

20 of the Public Health Service Act (‘‘PHS Act’’), the United 

21 States-Mexico Border Health Commission Act, and re22 search studies under section 1110 of the Social Security 

23 Act, $361,764,000, together with $5,851,000 to be trans24 ferred and expended as authorized by section 201(g)(1) 

25 of the Social Security Act from the Federal Hospital In26 surance Trust Fund and the Federal Supplementary Med-
62 

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1 ical Insurance Trust Fund, and $46,756,000 from the 

2 amounts available under section 241 of the PHS Act to 

3 carry out national health or human services research and 

4 evaluation activities: Provided, That of the funds made 

5 available under this heading for carrying out title XX of 

6 the PHS Act, $13,120,000 shall be for activities specified 

7 under section 2003(b)(2), all of which shall be for preven8 tion service demonstration grants under section 510(b)(2) 

9 of title V of the Social Security Act, as amended, without 

10 application of the limitation of section 2010(c) of said title 

11 XX: Provided further, That of this amount, $50,984,000 

12 shall be for minority AIDS prevention and treatment ac13 tivities; and $5,789,000 shall be to assist Afghanistan in 

14 the development of maternal and child health clinics, con15 sistent with section 103(a)(4)(H) of the Afghanistan Free16 dom Support Act of 2002; $3,545,000 shall be for a 

17 Health Diplomacy Initiative and may be used to carry out 

18 health diplomacy activities such as health training, serv19 ices, education, and program evaluation provided directly, 

20 through grants, or through contracts; and $1,000,000 

21 shall be transferred, not later than 30 days after enact22 ment of this Act, to the National Institute of Mental 

23 Health to administer the Interagency Autism Coordi24 nating Committee: Provided further, That specific infor25 mation requests from the chairmen and ranking members 
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1 of the Subcommittees on Labor, Health and Human Serv2 ices, and Education, and Related Agencies, on scientific 

3 research or any other matter, shall be transmitted to the 

4 Committees on Appropriations in a prompt, professional 

5 manner and within the time frame specified in the request: 

6 Provided further, That scientific information, including 

7 such information provided in congressional testimony, re8 quested by the Committees on Appropriations and pre9 pared by government researchers and scientists shall be 

10 transmitted to the Committees on Appropriations, uncen11 sored and without delay: Provided further, That funds pro12 vided in this Act for embryo adoption activities may be 

13 used to provide, to individuals adopting embryos, through 

14 grants and other mechanisms, medical and administrative 

15 services deemed necessary for such adoptions: Provided 

16 further, That such services shall be provided consistent 

17 with 42 CFR 59.5(a)(4): Provided further, That 

18 $1,000,000 shall be available for the projects and in the 

19 amounts specified in the Committee report of the Senate 

20 accompanying this Act. 

21 OFFICE OF MEDICARE HEARINGS AND APPEALS

22 For expenses necessary for administrative law judges 

23 responsible for hearing cases under title XVIII of the So24 cial Security Act (and related provisions of title XI of such 

25 Act), $63,864,000, to be transferred in appropriate part 
64 

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1 from the Federal Hospital Insurance Trust Fund and the 

2 Federal Supplementary Medical Insurance Trust Fund. 

3 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

4 INFORMATION TECHNOLOGY

5 For expenses necessary for the Office of the National 

6 Coordinator for Health Information Technology, including 

7 grants, contracts and cooperative agreements for the de8 velopment and advancement of interoperable health infor9 mation technology, $60,561,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For expenses necessary for the Office of Inspector 

12 General, including the hire of passenger motor vehicles for 

13 investigations, in carrying out the provisions of the Inspec14 tor General Act of 1978, $46,058,000: Provided, That of 

15 such amount, necessary sums are available for providing 

16 protective services to the Secretary of Health and Human 

17 Services and investigating non-payment of child support 

18 cases for which non-payment is a Federal offense under 

19 18 U.S.C. 228. 

20 OFFICE FOR CIVIL RIGHTS

21 For expenses necessary for the Office for Civil 

22 Rights, $36,785,000, together with not to exceed 

23 $3,314,000 to be transferred and expended as authorized 

24 by section 201(g)(1) of the Social Security Act from the 

25 Federal Hospital Insurance Trust Fund and the Federal 

26 Supplementary Medical Insurance Trust Fund. 
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1 RETIREMENT PAY AND MEDICAL BENEFITS FOR

2 COMMISSIONED OFFICERS

3 For retirement pay and medical benefits of Public 

4 Health Service Commissioned Officers as authorized by 

5 law, for payments under the Retired Serviceman’s Family 

6 Protection Plan and Survivor Benefit Plan, for medical 

7 care of dependents and retired personnel under the De8 pendents’ Medical Care Act, such amounts as may be re9 quired during the current fiscal year. 

10 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

11 FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses necessary to support activities related 

14 to countering potential biological, nuclear, radiological and 

15 chemical threats to civilian populations, and for other pub16 lic health emergencies, $666,667,000, of which not to ex17 ceed $21,243,000, to remain available until September 30, 

18 2010, is to pay the costs described in section 319F– 

19 2(c)(7)(B) of the Public Health Service Act (‘‘PHS Act’’), 

20 and of which $175,000,000, to remain available until Sep21 tember 30, 2010, is to support advanced research and de22 velopment of medical countermeasures and ancillary prod23 ucts, consistent with section 319L of the PHS Act. 

24 For expenses necessary to prepare for and respond 

25 to an influenza pandemic, $585,091,000, of which 

26 $507,000,000 shall be available until expended, for activi-
66 

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1 ties including the development and purchase of vaccine, 

2 antivirals, necessary medical supplies, diagnostics, and 

3 other surveillance tools: Provided, That products pur4 chased with these funds may, at the discretion of the Sec5 retary of Health and Human Services, be deposited in the 

6 Strategic National Stockpile: Provided further, That not7 withstanding section 496(b) of the PHS Act, funds may 

8 be used for the construction or renovation of privately 

9 owned facilities for the production of pandemic influenza 

10 vaccines and other biologics, where the Secretary finds 

11 such a contract necessary to secure sufficient supplies of 

12 such vaccines or biologics: Provided further, That funds 

13 appropriated herein may be transferred to other appro14 priation accounts of the Department of Health and 

15 Human Services, as determined by the Secretary to be ap16 propriate, to be used for the purposes specified in this sen17 tence. 

18 GENERAL PROVISIONS 

19 SEC. 201. Funds appropriated in this title shall be 

20 available for not to exceed $50,000 for official reception 

21 and representation expenses when specifically approved by 

22 the Secretary of Health and Human Services. 

23 SEC. 202. The Secretary of Health and Human Serv24 ices shall make available through assignment not more 

25 than 60 employees of the Public Health Service to assist 
67 

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1 in child survival activities and to work in AIDS programs 

2 through and with funds provided by the Agency for Inter3 national Development, the United Nations International 

4 Children’s Emergency Fund or the World Health Organi5 zation. 

6 SEC. 203. None of the funds appropriated in this Act 

7 for the National Institutes of Health, the Agency for 

8 Healthcare Research and Quality, and the Substance 

9 Abuse and Mental Health Services Administration shall 

10 be used to pay the salary of an individual, through a grant 

11 or other extramural mechanism, at a rate in excess of Ex12 ecutive Level I. 

13 SEC. 204. None of the funds appropriated in this Act 

14 may be expended pursuant to section 241 of the Public 

15 Health Service Act, except for funds specifically provided 

16 for in this Act, or for other taps and assessments made 

17 by any office located in the Department of Health and 

18 Human Services, prior to the preparation and submission 

19 of a report by the Secretary of Health and Human Serv20 ices to the Committees on Appropriations of the House 

21 of Representatives and the Senate detailing the planned 

22 uses of such funds. 

23 SEC. 205. Notwithstanding section 241(a) of the 

24 Public Health Service Act, such portion as the Secretary 

25 of Health and Human Services shall determine, but not 
68 

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1 more than 2.4 percent, of any amounts appropriated for 

2 programs authorized under such Act shall be made avail3 able for the evaluation (directly, or by grants or contracts) 

4 of the implementation and effectiveness of such programs. 

5 (TRANSFER OF FUNDS)

6 SEC. 206. Not to exceed 1 percent of any discre7 tionary funds (pursuant to the Balanced Budget and 

8 Emergency Deficit Control Act of 1985) which are appro9 priated for the current fiscal year for the Department of 

10 Health and Human Services in this Act may be trans11 ferred between a program, project, or activity, but no such 

12 program, project, or activity shall be increased by more 

13 than 3 percent by any such transfer: Provided, That the 

14 transfer authority granted by this section shall be avail15 able only to meet emergency needs and shall not be used 

16 to create any new program or to fund any project or activ17 ity for which no funds are provided in this Act: Provided 

18 further, That the Committees on Appropriations of the 

19 House of Representatives and the Senate are notified at 

20 least 15 days in advance of any transfer. 

21 (TRANSFER OF FUNDS)

22 SEC. 207. The Director of the National Institutes of 

23 Health, jointly with the Director of the Office of AIDS 

24 Research, may transfer up to 3 percent among institutes 

25 and centers from the total amounts identified by these two 

26 Directors as funding for research pertaining to the human 
69 

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1 immunodeficiency virus: Provided, That the Committees 

2 on Appropriations of the House of Representatives and the 

3 Senate are notified at least 15 days in advance of any 

4 transfer. 

5 (TRANSFER OF FUNDS)

6 SEC. 208. Of the amounts made available in this Act 

7 for the National Institutes of Health, the amount for re8 search related to the human immunodeficiency virus, as 

9 jointly determined by the Director of the National Insti10 tutes of Health and the Director of the Office of AIDS 

11 Research, shall be made available to the ‘‘Office of AIDS 

12 Research’’ account. The Director of the Office of AIDS 

13 Research shall transfer from such account amounts nec14 essary to carry out section 2353(d)(3) of the Public 

15 Health Service Act. 

16 SEC. 209. None of the funds appropriated in this Act 

17 may be made available to any entity under title X of the 

18 Public Health Service Act unless the applicant for the 

19 award certifies to the Secretary that it encourages family 

20 participation in the decision of minors to seek family plan21 ning services and that it provides counseling to minors on 

22 how to resist attempts to coerce minors into engaging in 

23 sexual activities. 

24 SEC. 210. Notwithstanding any other provision of 

25 law, no provider of services under title X of the Public 

26 Health Service Act shall be exempt from any State law 
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1 requiring notification or the reporting of child abuse, child 

2 molestation, sexual abuse, rape, or incest. 

3 SEC. 211. None of the funds appropriated by this Act 

4 (including funds appropriated to any trust fund) may be 

5 used to carry out the Medicare Advantage program if the 

6 Secretary of Health and Human Services denies participa7 tion in such program to an otherwise eligible entity (in8 cluding a Provider Sponsored Organization) because the 

9 entity informs the Secretary that it will not provide, pay 

10 for, provide coverage of, or provide referrals for abortions: 

11 Provided, That the Secretary shall make appropriate pro12 spective adjustments to the capitation payment to such an 

13 entity (based on an actuarially sound estimate of the ex14 pected costs of providing the service to such entity’s enroll15 ees): Provided further, That nothing in this section shall 

16 be construed to change the Medicare program’s coverage 

17 for such services and a Medicare Advantage organization 

18 described in this section shall be responsible for informing 

19 enrollees where to obtain information about all Medicare 

20 covered services. 

21 SEC. 212. (a) Except as provided by subsection (e) 

22 none of the funds appropriated by this Act may be used 

23 to withhold substance abuse funding from a State pursu24 ant to section 1926 of the Public Health Service Act if 

25 such State certifies to the Secretary of Health and Human 
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1 Services by May 1, 2009, that the State will commit addi2 tional State funds, in accordance with subsection (b), to 

3 ensure compliance with State laws prohibiting the sale of 

4 tobacco products to individuals under 18 years of age. 

5 (b) The amount of funds to be committed by a State 

6 under subsection (a) shall be equal to 1 percent of such 

7 State’s substance abuse block grant allocation for each 

8 percentage point by which the State misses the retailer 

9 compliance rate goal established by the Secretary under 

10 section 1926 of such Act. 

11 (c) The State is to maintain State expenditures in 

12 fiscal year 2009 for tobacco prevention programs and for 

13 compliance activities at a level that is not less than the 

14 level of such expenditures maintained by the State for fis15 cal year 2008, and adding to that level the additional 

16 funds for tobacco compliance activities required under 

17 subsection (a). The State is to submit a report to the Sec18 retary on all fiscal year 2008 State expenditures and all 

19 fiscal year 2009 obligations for tobacco prevention and 

20 compliance activities by program activity by July 31, 

21 2009. 

22 (d) The Secretary shall exercise discretion in enforc23 ing the timing of the State obligation of the additional 

24 funds required by the certification described in subsection 

25 (a) as late as July 31, 2009. 
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1 (e) None of the funds appropriated by this Act may 

2 be used to withhold substance abuse funding pursuant to 

3 section 1926 of the Public Health Service Act from a terri4 tory that receives less than $1,000,000. 

5 SEC. 213. In order for the Department of Health and 

6 Human Services to carry out international health activi7 ties, including HIV/AIDS and other infectious disease, 

8 chronic and environmental disease, and other health ac9 tivities abroad during fiscal year 2009: 

10 (1) The Secretary of Health and Human Serv11 ices may exercise authority equivalent to that avail12 able to the Secretary of State in section 2(c) of the 

13 State Department Basic Authorities Act of 1956. 

14 The Secretary of Health and Human Services shall 

15 consult with the Secretary of State and relevant 

16 Chief of Mission to ensure that the authority pro17 vided in this section is exercised in a manner con18 sistent with section 207 of the Foreign Service Act 

19 of 1980 and other applicable statutes administered 

20 by the Department of State. 

21 (2) The Secretary of Health and Human Serv22 ices is authorized to provide such funds by advance 

23 or reimbursement to the Secretary of State as may 

24 be necessary to pay the costs of acquisition, lease, 

25 alteration, renovation, and management of facilities 
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1 outside of the United States for the use of the De2 partment of Health and Human Services. The De3 partment of State shall cooperate fully with the Sec4 retary of Health and Human Services to ensure that 

5 the Department of Health and Human Services has 

6 secure, safe, functional facilities that comply with 

7 applicable regulation governing location, setback, 

8 and other facilities requirements and serve the pur9 poses established by this Act. The Secretary of 

10 Health and Human Services is authorized, in con11 sultation with the Secretary of State, through grant 

12 or cooperative agreement, to make available to pub13 lic or nonprofit private institutions or agencies in 

14 participating foreign countries, funds to acquire, 

15 lease, alter, or renovate facilities in those countries 

16 as necessary to conduct programs of assistance for 

17 international health activities, including activities re18 lating to HIV/AIDS and other infectious diseases, 

19 chronic and environmental diseases, and other health 

20 activities abroad. 

21 SEC. 214. (a) AUTHORITY.—Notwithstanding any 

22 other provision of law, the Director of the National Insti23 tutes of Health (‘‘Director’’) may use funds available 

24 under section 402(b)(7) or 402(b)(12) of the Public 

25 Health Service Act (‘‘PHS Act’’) to enter into trans-
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1 actions (other than contracts, cooperative agreements, or 

2 grants) to carry out research identified pursuant to such 

3 section 402(b)(7) (pertaining to the Common Fund) or re4 search and activities described in such section 402(b)(12). 

5 (b) PEER REVIEW.—In entering into transactions 

6 under subsection (a), the Director may utilize such peer 

7 review procedures (including consultation with appropriate 

8 scientific experts) as the Director determines to be appro9 priate to obtain assessments of scientific and technical 

10 merit. Such procedures shall apply to such transactions 

11 in lieu of the peer review and advisory council review pro12 cedures that would otherwise be required under sections 

13 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

14 and 494 of the PHS Act. 

15 SEC. 215. Funds which are available for Individual 

16 Learning Accounts for employees of the Centers for Dis17 ease Control and Prevention (‘‘CDC’’) and the Agency for 

18 Toxic Substances and Disease Registry (‘‘ATSDR’’) may 

19 be transferred to ‘‘Disease Control, Research, and Train20 ing’’, to be available only for Individual Learning Ac21 counts: Provided, That such funds may be used for any 

22 individual full-time equivalent employee while such em23 ployee is employed either by CDC or ATSDR. 

24 SEC. 216. Notwithstanding any other provisions of 

25 law, funds made available in this Act may be used to con-
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1 tinue operating the Council on Graduate Medical Edu2 cation established by section 301 of Public Law 102–408. 

3 SEC. 217. The Director of the National Institutes of 

4 Health (‘‘NIH’’) shall require that all investigators funded 

5 by the NIH submit or have submitted for them to the Na6 tional Library of Medicine’s PubMed Central an electronic 

7 version of their final, peer-reviewed manuscripts upon ac8 ceptance for publication, to be made publicly available no 

9 later than 12 months after the official date of publication: 

10 Provided, That the NIH shall implement the public access 

11 policy in a manner consistent with copyright law. 

12 SEC. 218. Not to exceed $35,000,000 of funds appro13 priated by this Act to the institutes and centers of the 

14 National Institutes of Health may be used for alteration, 

15 repair, or improvement of facilities, as necessary for the 

16 proper and efficient conduct of the activities authorized 

17 herein, at not to exceed $2,500,000 per project. 

18 (TRANSFER OF FUNDS)

19 SEC. 219. Of the amounts made available for the Na20 tional Institutes of Health, 1 percent of the amount made 

21 available for National Research Service Awards 

22 (‘‘NRSA’’) shall be made available to the Administrator 

23 of the Health Resources and Services Administration to 

24 make NRSA awards for research in primary medical care 

25 to individuals affiliated with entities who have received 

26 grants or contracts under section 747 of the Public Health 
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1 Service Act, and 1 percent of the amount made available 

2 for NRSA shall be made available to the Director of the 

3 Agency for Healthcare Research and Quality to make 

4 NRSA awards for health service research. 

5 SEC. 220. Section 223 of the Department of Health 

6 and Human Services Appropriations Act, 2008 (division 

7 G of Public Law 110–161), is amended in its first proviso 

8 by inserting ‘‘, with respect to this or any succeeding fiscal 

9 year,’’ after ‘‘by this or any other Act’’. 

10 SEC. 221. (a) IN GENERAL.—Section 1927(c)(1)(D) 

11 of the Social Security Act (42 U.S.C. § 1396r–8(c)(1)(D)), 

12 as added by section 6001(d)(2) of the Deficit Reduction 

13 Act of 2005, is amended— 

14 (1) in clause (i)— 

15 (A) by redesignating subclause (IV) as sub16 clause (VI); and 

17 (B) by inserting after subclause (III) the fol18 lowing: 

19 ‘‘(IV) An entity that— 

20 ‘‘(aa) is described in section 

21 501(c)(3) of the Internal Rev22 enue Code of 1986 and exempt 

23 from tax under section 501(a) of 

24 such Act or is State-owned or op25 erated; and 
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1 ‘‘(bb) would be a covered en2 tity described in section 

3 340(B)(a)(4) of the Public 

4 Health Service Act insofar as the 

5 entity provides the same type of 

6 services to the same type of pop7 ulations as a covered entity de8 scribed in such section provides, 

9 but does not receive funding 

10 under a provision of law referred 

11 to in such section; 

12 ‘‘(V) A public or nonprofit entity, 

13 or an entity based at an institution of 

14 higher learning whose primary pur15 pose is to provide health care services 

16 to students of that institution, that 

17 provides a service or services de18 scribed under section 1001(a) of the 

19 Public Health Service Act, 42 U.S.C. 

20 300.’’. 

21 (2) by adding at the end the following new 

22 clause: 

23 ‘‘(iv) RULE OF CONSTRUCTION.— 

24 Nothing in this subparagraph shall be con25 strued to alter any existing statutory or 
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1 regulatory prohibition on services with re2 spect to an entity described in clause 

3 (i)(IV), including the prohibition set forth 

4 in section 1008 of the Public Health Serv5 ice Act.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this subsection shall take effect as if included in the 

8 amendment made by section 6001(d)(2) of the Deficit Re9 duction Act of 2005. 

10 SEC. 222. Funds appropriated for this or any suc11 ceeding fiscal year by this or any other Act with respect 

12 to this or any succeeding fiscal year shall be available for 

13 expenses for active commissioned officers in the Public 

14 Health Service Reserve Corps and for not to exceed 4,000 

15 commissioned officers in the Regular Corps. 

16 SEC. 223. Funds appropriated (but not obligated) 

17 prior to the date of enactment of this Act for making pay18 ments under section 2604(e) of such Act (42 U.S.C. 

19 8623(e)) for fiscal years 2005 and 2008, shall be released 

20 to States not later than the date of enactment of this Act. 

21 Sec. 224. Within 6 months of passage of this Act, 

22 the Secretary of the Department of Health and Human 

23 Services shall issue an Advanced Notice of Proposed Rule24 making to solicit public comment in advance of modifying 

25 regulations at 42 CFR Part 50 Subpart F for the purpose 
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1 of strengthening Federal oversight and identifying en2 hancements of policies, including requirements for finan3 cial disclosure to institutions, governing financial conflicts 

4 of interest among extramural investigators receiving grant 

5 support from the National Institutes of Health. 

6 SEC. 225. Notwithstanding any other provision of 

7 law, the Secretary of Health and Human Services shall 

8 not, prior to April 1, 2009, finalize, implement, enforce, 

9 or otherwise take any action to give effect to any or all 

10 components of the State Health Official Letter 07–001, 

11 dated August 17, 2007, or the State Health Official Letter 

12 08–003, dated May 7, 2008, issued by the Director of the 

13 Center for Medicaid and State Operations in the Centers 

14 for Medicare & Medicaid Services regarding certain re15 quirements under the State Children’s Health Insurance 

16 Program (CHIP) relating to the prevention of the substi17 tution of health benefits coverage for children (commonly 

18 referred to as ‘‘crowd-out’’) and the enforcement of med19 ical support orders (or to any similar administrative ac20 tions that reflect the same or similar policies set forth in 

21 such letter). Any change made on or after August 17, 

22 2007, to a Medicaid or CHIP State plan or waiver to im23 plement, conform to, or otherwise adhere to the require24 ments or policies in such letter shall not apply prior to 

25 April 1, 2009. 
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1 SEC. 226. Section 9517(c)(3) of the Consolidated 

2 Omnibus Budget Reconciliation Act of 1985 (42 U.S.C. 

3 1396b note), as added by section 4734 of the Omnibus 

4 Budget Reconciliation Act of 1990 and as amended by sec5 tion 704 of the Medicare, Medicaid, and SCHIP Benefits 

6 Improvement and Protection Act of 2000, is amended— 

7 (1) in subparagraph (A), by inserting ‘‘, in the 

8 case of any health insuring organization described in 

9 such subparagraph that is operated by a public enti10 ty established by Ventura County, and in the case 

11 of any health insuring organization described in such 

12 subparagraph that is operated by a public entity es13 tablished by Merced County’’ after ‘‘described in 

14 subparagraph (B)’’; and 

15 (2) in subparagraph (C), by striking ‘‘14 per16 cent’’ and inserting ‘‘16 percent’’. 

17 SEC. 227. Title XIX of the Social Security Act (42 

18 U.S.C. 1396 et seq.) is amended by adding at the end 

19 the following new section: 

20 ‘‘MEDICAID IMPROVEMENT FUND

21 ‘‘SEC. 1942. (a) ESTABLISHMENT.—The Secretary 

22 shall establish under this title a Medicaid Improvement 

23 Fund (in this section referred to as the ‘Fund’) which 

24 shall be available to the Secretary to improve the manage25 ment of the Medicaid program by the Centers for Medi26 care & Medicaid Services, including oversight of contracts 
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1 and contractors and evaluation of demonstration projects. 

2 Payments made for activities under this subsection shall 

3 be in addition to payments that would otherwise be made 

4 for such activities. 

5 ‘‘(b) FUNDING.— 

6 ‘‘(1) IN GENERAL.—There shall be available to 

7 the Fund, for expenditures from the Fund, 

8 $50,000,000 for each of fiscal years 2013 through 

9 2015. 

10 ‘‘(2) FUNDING LIMITATION.—Amounts in the 

11 Fund shall be available in advance of appropriations 

12 but only if the total amount obligated from the 

13 Fund does not exceed the amount available to the 

14 Fund under paragraph (1). The Secretary may obli15 gate funds from the Fund only if the Secretary de16 termines (and the Chief Actuary of the Centers for 

17 Medicare & Medicaid Services and the appropriate 

18 budget officer certify) that there are available in the 

19 Fund sufficient amounts to cover all such obligations 

20 incurred consistent with the previous sentence.’’. 

21 This title may be cited as the ‘‘Department of Health 

22 and Human Services Appropriations Act, 2009’’. 
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1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I of the Elementary and Sec5 ondary Education Act of 1965 (‘‘ESEA’’), and section 

6 418A of the Higher Education Act of 1965, 

7 $15,735,884,000, of which $6,663,933,000 shall become 

8 available on July 1, 2009, and shall remain available 

9 through September 30, 2010, and of which 

10 $8,893,756,000 shall become available on October 1, 

11 2009, and shall remain available through September 30, 

12 2010, for academic year 2009–2010: Provided, That 

13 $6,597,946,000 shall be for basic grants under section 

14 1124 of the ESEA: Provided further, That up to 

15 $4,000,000 of these funds shall be available to the Sec16 retary of Education on October 1, 2008, to obtain annu17 ally updated local educational-agency-level census poverty 

18 data from the Bureau of the Census: Provided further, 

19 That $1,365,031,000 shall be for concentration grants 

20 under section 1124A of the ESEA: Provided further, That 

21 $3,283,462,000 shall be for targeted grants under section 

22 1125 of the ESEA: Provided further, That 

23 $3,283,462,000 shall be for education finance incentive 

24 grants under section 1125A of the ESEA: Provided fur-
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1 ther, That $9,167,000 shall be to carry out sections 1501 

2 and 1503 of the ESEA. 

3 IMPACT AID

4 For carrying out programs of financial assistance to 

5 federally affected schools authorized by title VIII of the 

6 Elementary and Secondary Education Act of 1965, 

7 $1,240,718,000, of which $1,105,535,000 shall be for 

8 basic support payments under section 8003(b), 

9 $48,602,000 shall be for payments for children with dis10 abilities under section 8003(d), $17,509,000 shall be for 

11 construction under section 8007(b) and shall remain avail12 able through September 30, 2010, $64,208,000 shall be 

13 for Federal property payments under section 8002, and 

14 $4,864,000, to remain available until expended, shall be 

15 for facilities maintenance under section 8008: Provided, 

16 That for purposes of computing the amount of a payment 

17 for an eligible local educational agency under section 

18 8003(a) for school year 2008–2009, children enrolled in 

19 a school of such agency that would otherwise be eligible 

20 for payment under section 8003(a)(1)(B) of such Act, but 

21 due to the deployment of both parents or legal guardians, 

22 or a parent or legal guardian having sole custody of such 

23 children, or due to the death of a military parent or legal 

24 guardian while on active duty (so long as such children 

25 reside on Federal property as described in section 
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1 8003(a)(1)(B)), are no longer eligible under such section, 

2 shall be considered as eligible students under such section, 

3 provided such students remain in average daily attendance 

4 at a school in the same local educational agency they at5 tended prior to their change in eligibility status. 

6 SCHOOL IMPROVEMENT PROGRAMS

7 For carrying out school improvement activities au8 thorized by parts A, B, and D of title II, part B of title 

9 IV, subparts 6 and 9 of part D of title V, parts A and 

10 B of title VI, and parts B and C of title VII of the Elemen11 tary and Secondary Education Act of 1965 (‘‘ESEA’’); the 

12 McKinney-Vento Homeless Assistance Act; section 203 of 

13 the Educational Technical Assistance Act of 2002; the 

14 Compact of Free Association Amendments Act of 2003; 

15 and the Civil Rights Act of 1964, $5,292,422,000, of 

16 which $3,674,540,000 shall become available on July 1, 

17 2009, and remain available through September 30, 2010, 

18 and of which $1,435,000,000 shall become available on 

19 October 1, 2009, and shall remain available through Sep20 tember 30, 2010, for academic year 2009–2010: Provided, 

21 That funds made available to carry out part B of title 

22 VII of the ESEA may be used for construction, renovation 

23 and modernization of any elementary school, secondary 

24 school, or structure related to an elementary school or sec25 ondary school, run by the Department of Education of the 
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1 State of Hawaii, that serves a predominantly Native Ha2 waiian student body: Provided further, That from the 

3 funds referred to in the preceding proviso, not less than 

4 $1,500,000 shall be for a grant to the Department of Edu5 cation of the State of Hawaii for the activities described 

6 in such proviso, and $1,500,000 shall be for a grant to 

7 the University of Hawaii School of Law for a Center of 

8 Excellence in Native Hawaiian law: Provided further, That 

9 funds made available to carry out part C of title VII of 

10 the ESEA may be used for construction: Provided further, 

11 That up to 100 percent of the funds available to a State 

12 educational agency under part D of title II of the ESEA 

13 may be used for subgrants described in section 

14 2412(a)(2)(B) of such Act: Provided further, That 

15 $410,732,000 shall be for State assessments and related 

16 activities authorized under sections 6111 and 6112 of the 

17 ESEA: Provided further, That $57,113,000 shall be avail18 able to carry out section 203 of the Educational Technical 

19 Assistance Act of 2002: Provided further, That 

20 $34,463,000 shall be available to carry out part D of title 

21 V of the ESEA: Provided further, That no funds appro22 priated under this heading may be used to carry out sec23 tion 5494 under the ESEA: Provided further, That 

24 $17,687,000 shall be available to carry out the Supple25 mental Education Grants program for the Federated 
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1 States of Micronesia and the Republic of the Marshall Is2 lands: Provided further, That up to 5 percent of these 

3 amounts may be reserved by the Federated States of Mi4 cronesia and the Republic of the Marshall Islands to ad5 minister the Supplemental Education Grants programs 

6 and to obtain technical assistance, oversight and 

7 consultancy services in the administration of these grants 

8 and to reimburse the United States Departments of 

9 Labor, Health and Human Services, and Education for 

10 such services: Provided further, That $7,360,000 of the 

11 funds available for the Foreign Language Assistance Pro12 gram shall be available for 5-year grants to local edu13 cational agencies that would work in partnership with one 

14 or more institutions of higher education to establish or ex15 pand articulated programs of study in languages critical 

16 to United States national security that will enable success17 ful students to advance from elementary school through 

18 college to achieve a superior level of proficiency in those 

19 languages. 

20 INDIAN EDUCATION

21 For expenses necessary to carry out, to the extent 

22 not otherwise provided, title VII, part A of the Elementary 

23 and Secondary Education Act of 1965, $119,564,000. 
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1 INNOVATION AND IMPROVEMENT

2 For carrying out activities authorized by subpart 5 

3 of part A and parts C and D of title II, parts B, C, and 

4 D of title V, and section 1504 of the Elementary and Sec5 ondary Education Act of 1965 (‘‘ESEA’’), and by part 

6 II of subtitle A of title VI of the America COMPETES 

7 Act, $944,314,000: Provided, That $10,649,000 shall be 

8 provided to the National Board for Professional Teaching 

9 Standards to carry out section 2151(c) of the ESEA, in10 cluding $1,000,000 to develop a National Board certifi11 cation for principals of elementary and secondary schools: 

12 Provided further, That from funds for subpart 4, part C 

13 of title II of the ESEA, up to 3 percent shall be available 

14 to the Secretary for technical assistance and dissemination 

15 of information: Provided further, That $293,607,000 shall 

16 be available to carry out part D of title V of the ESEA: 

17 Provided further, That $46,480,000 of the funds for sub18 part 1, part D of title V of the ESEA shall be available 

19 for the projects and in the amounts specified in the Com20 mittee report of the Senate accompanying this Act: Pro21 vided further, That $97,270,000 of the funds for subpart 

22 1, part D of title V of the ESEA shall be for competitive 

23 grants to local educational agencies, including charter 

24 schools that are local educational agencies, or States, or 

25 partnerships of: (1) a local educational agency, a State, 
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1 or both; and (2) at least one non-profit organization to 

2 develop and implement performance-based teacher and 

3 principal compensation systems in high-need schools: Pro4 vided further, That such performance-based compensation 

5 systems must consider gains in student academic achieve6 ment as well as classroom evaluations conducted multiple 

7 times during each school year among other factors and 

8 provide educators with incentives to take on additional re9 sponsibilities and leadership roles: Provided further, That 

10 up to 5 percent of such funds for competitive grants shall 

11 be available for technical assistance, training, peer review 

12 of applications, program outreach and evaluation activi13 ties: Provided further, That of the funds available for part 

14 B of title V of the ESEA, the Secretary shall use up to 

15 $21,031,000 to carry out activities under section 5205(b) 

16 and under subpart 2, and shall use not less than 

17 $195,000,000 to carry out other activities authorized 

18 under subpart 1: Provided further, That funds available 

19 for part II of subtitle A of title VI of the America COM20 PETES Act shall first be used for grants under section 

21 1704 of the ESEA and for continuation grants under sec22 tion 1705 of the ESEA. 

23 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

24 For carrying out activities authorized by subpart 3 

25 of part C of title II, part A of title IV, and subparts 2 
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1 and 10 of part D of title V of the Elementary and Sec2 ondary Education Act of 1965, $666,384,000, of which 

3 $294,759,000 shall become available on July 1, 2009, and 

4 remain available through September 30, 2010: Provided, 

5 That $294,759,000 shall be available for subpart 1 of part 

6 A of title IV and $209,708,000 shall be available for sub7 part 2 of part A of title IV, of which $1,474,000, to re8 main available until expended, shall be for the Project 

9 School Emergency Response to Violence (‘‘Project 

10 SERV’’) program to provide education-related services to 

11 local educational agencies and to institutions of higher 

12 education in which the learning environment has been dis13 rupted due to a violent or traumatic crisis: Provided fur14 ther, That $130,000,000 shall be available to carry out 

15 part D of title V. 

16 ENGLISH LANGUAGE ACQUISITION

17 For carrying out part A of title III of the Elementary 

18 and Secondary Education Act of 1965, $730,000,000, 

19 which shall become available on July 1, 2009, and shall 

20 remain available through September 30, 2010, except that 

21 6.5 percent of such amount shall be available on October 

22 1, 2008, and shall remain available through September 30, 

23 2010, to carry out activities under section 3111(c)(1)(C). 
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1 SPECIAL EDUCATION

2 For carrying out the Individuals with Disabilities 

3 Education Act (‘‘IDEA’’) and the Special Olympics Sport 

4 and Empowerment Act of 2004, $12,511,631,000, of 

5 which $4,594,366,000 shall become available on July 1, 

6 2009, and shall remain available through September 30, 

7 2010, and of which $7,647,444,000 shall become available 

8 on October 1, 2009, and shall remain available through 

9 September 30, 2010, for academic year 2009–2010: Pro10 vided, That $13,500,000 shall be for Recording for the 

11 Blind and Dyslexic, Inc., to support activities under sec12 tion 674(c)(1)(D) of the IDEA: Provided further, That 

13 $1,474,000 shall be for the recipient of funds provided by 

14 Public Law 105–78 under section 687(b)(2)(G) of the 

15 IDEA (as in effect prior to the enactment of the Individ16 uals with Disabilities Education Improvement Act of 

17 2004) to provide information on diagnosis, intervention, 

18 and teaching strategies for children with disabilities: Pro19 vided further, That the amount for section 611(b)(2) of 

20 the IDEA shall be equal to the lesser of the amount avail21 able for that activity during fiscal year 2008, increased 

22 by the amount of inflation as specified in section 

23 619(d)(2)(B) of the IDEA, or the percentage increase in 

24 the funds appropriated under section 611(i) of the IDEA: 

25 Provided further, That funds made available for the Spe-
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1 cial Olympics Sport and Empowerment Act of 2004 may 

2 be used to support expenses associated with the Special 

3 Olympics National and World games hosted in the United 

4 States, and up to $3,000,000 can be used to support the 

5 2009 World Winter Games in Boise, Idaho. 

6 REHABILITATION SERVICES AND DISABILITY RESEARCH

7 For carrying out, to the extent not otherwise pro8 vided, the Rehabilitation Act of 1973, the Assistive Tech9 nology Act of 1998, and the Helen Keller National Center 

10 Act, $3,379,109,000: Provided, That $1,850,000 of the 

11 funds for section 303 of the Rehabilitation Act of 1973 

12 shall be available for the projects and in the amounts spec13 ified in the Committee report of the Senate accompanying 

14 this Act. 

15 SPECIAL INSTITUTIONS FOR PERSONS WITH

16 DISABILITIES

17 AMERICAN PRINTING HOUSE FOR THE BLIND

18 For carrying out the Act of March 3, 1879, 

19 $22,500,000. 

20 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

21 For the National Technical Institute for the Deaf 

22 under titles I and II of the Education of the Deaf Act 

23 of 1986, $62,000,000, of which $1,175,000 shall be for 

24 construction and shall remain available until expended: 

25 Provided, That from the total amount available, the Insti-
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1 tute may at its discretion use funds for the endowment 

2 program as authorized under section 207 of such Act. 

3 GALLAUDET UNIVERSITY

4 For the Kendall Demonstration Elementary School, 

5 the Model Secondary School for the Deaf, and the partial 

6 support of Gallaudet University under titles I and II of 

7 the Education of the Deaf Act of 1986, $124,000,000, of 

8 which $6,000,000 shall be for construction and shall re9 main available until expended: Provided, That from the 

10 total amount available, the University may at its discre11 tion use funds for the endowment program as authorized 

12 under section 207 of such Act. 

13 CAREER, TECHNICAL, AND ADULT EDUCATION

14 For carrying out, to the extent not otherwise pro15 vided, the Carl D. Perkins Career and Technical Edu16 cation Act of 2006, the Adult Education and Family Lit17 eracy Act, and title VIII–D of the Higher Education 

18 Amendments of 1998, $1,863,162,000, of which 

19 $1,072,162,000 shall become available on July 1, 2009, 

20 and shall remain available through September 30, 2010, 

21 and of which $791,000,000 shall become available on Oc22 tober 1, 2009, and shall remain available through Sep23 tember 30, 2010: Provided, That of the amount provided 

24 for Adult Education State Grants, $67,896,000 shall be 

25 made available for integrated English literacy and civics 

26 education services to immigrants and other limited 
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1 English proficient populations: Provided further, That of 

2 the amount reserved for integrated English literacy and 

3 civics education, notwithstanding section 211 of the Adult 

4 Education and Family Literacy Act, 65 percent shall be 

5 allocated to States based on a State’s absolute need as 

6 determined by calculating each State’s share of a 10-year 

7 average of the United States Citizenship and Immigration 

8 Services data for immigrants admitted for legal permanent 

9 residence for the 10 most recent years, and 35 percent 

10 allocated to States that experienced growth as measured 

11 by the average of the 3 most recent years for which United 

12 States Citizenship and Immigration Services data for im13 migrants admitted for legal permanent residence are avail14 able, except that no State shall be allocated an amount 

15 less than $60,000: Provided further, That of the amounts 

16 made available for the Adult Education and Family Lit17 eracy Act, $6,878,000 shall be for national leadership ac18 tivities under section 243 and $6,468,000 shall be for the 

19 National Institute for Literacy under section 242. 

20 STUDENT FINANCIAL ASSISTANCE

21 (INCLUDING DEFERRAL OF FUNDS)

22 For carrying out subparts 1, 3, and 4 of part A, part 

23 C and part E of title IV of the Higher Education Act of 

24 1965, $18,761,809,000, which shall remain available 

25 through September 30, 2010. 
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1 The maximum Pell Grant for which a student shall 

2 be eligible during award year 2009–2010 shall be $4,310. 

3 Of the funds made available under section 

4 401A(e)(1)(D) of the Higher Education Act of 1965, 

5 $659,000,000 shall not be available until October 1, 2009. 

6 STUDENT AID ADMINISTRATION

7 For Federal administrative expenses to carry out part 

8 D of title I, and subparts 1, 3, and 4 of part A, and parts 

9 B, C, D, and E of title IV of the Higher Education Act 

10 of 1965, $704,843,000, which shall remain available until 

11 expended. 

12 HIGHER EDUCATION

13 For carrying out, to the extent not otherwise pro14 vided, titles II, III, IV, V, VI, and VII of the Higher Edu15 cation Act of 1965 (‘‘HEA’’), section 1543 of the Higher 

16 Education Amendments of 1992, the Mutual Educational 

17 and Cultural Exchange Act of 1961, title VIII of the 

18 Higher Education Amendments of 1998, part I of subtitle 

19 A of title VI of the America COMPETES Act, section 515 

20 of the Federal Mine Safety and Health Act of 1977, and 

21 section 117 of the Carl D. Perkins Career and Technical 

22 Education Act of 2006, $1,856,214,000: Provided, That 

23 $9,530,000, to remain available through September 30, 

24 2010, shall be available to fund fellowships for academic 

25 year 2010–2011 under subpart 1 of part A of title VII 
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1 of the HEA, under the terms and conditions of such sub2 part 1: Provided further, That $609,000 is for data collec3 tion and evaluation activities for programs under the 

4 HEA, including such activities needed to comply with the 

5 Government Performance and Results Act of 1993: Pro6 vided further, That notwithstanding any other provision 

7 of law, funds made available in this Act to carry out title 

8 VI of the HEA and section 102(b)(6) of the Mutual Edu9 cational and Cultural Exchange Act of 1961 may be used 

10 to support visits and study in foreign countries by individ11 uals who are participating in advanced foreign language 

12 training and international studies in areas that are vital 

13 to United States national security and who plan to apply 

14 their language skills and knowledge of these countries in 

15 the fields of government, the professions, or international 

16 development: Provided further, That of the funds referred 

17 to in the preceding proviso up to 1 percent may be used 

18 for program evaluation, national outreach, and informa19 tion dissemination activities: Provided further, That funds 

20 made available under section 499A of the HEA for institu21 tions identified in section 499A(a)(4) may be used for any 

22 activity authorized in section 317 of such Act: Provided 

23 further, That the funds provided for title II of the HEA 

24 shall be allocated notwithstanding section 210 of such Act: 

25 Provided further, That $1,000,000 shall be available for 
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1 expenses associated with section 515 of the Federal Mine 

2 Safety and Health Act of 1977: Provided further, That the 

3 Secretary of Education shall identify scholarships author4 ized by such section as ‘‘Erma Byrd Scholarships’’: Pro5 vided further, That the Secretary shall issue regulations, 

6 pursuant to such section, to establish a scholarship pro7 gram that would increase the skilled workforce for indus8 trial health and safety occupations in the public and pri9 vate sector, authorize contributions for such scholarships 

10 from private sources, and award scholarships without re11 gard to the prior work experience of an applicant: Pro12 vided further, That $41,228,000 of the funds for part B 

13 of title VII of the HEA shall be available for the projects 

14 and in the amounts specified in the Committee report of 

15 the Senate accompanying this Act. 

16 HOWARD UNIVERSITY

17 For partial support of Howard University, 

18 $233,244,000, of which not less than $3,464,000 shall be 

19 for a matching endowment grant pursuant to the Howard 

20 University Endowment Act (Public Law 98–480) and 

21 shall remain available until expended. 
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1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

3 For Federal administrative expenses to carry out ac4 tivities related to existing facility loans pursuant to section 

5 121 of the Higher Education Act of 1965, $461,000. 

6 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

7 CAPITAL FINANCING PROGRAM ACCOUNT

8 Notwithstanding the limitations contained in section 

9 344(a) of the Higher Education Act of 1965 (‘‘HEA’’), 

10 the aggregate principal amount of outstanding bonds in11 sured under the Historically Black College and University 

12 Capital Financing Program is authorized to equal but not 

13 exceed $725,000,000, which may be used for loans to pub14 lic and private historically black colleges and universities 

15 without regard to paragraphs (1) and (2) of section 

16 344(a). 

17 For the cost of guaranteed loans, $10,000,000, as au18 thorized pursuant to title III, part D of the HEA: Pro19 vided, That such costs, including the cost of modifying 

20 such loans, shall be as defined in section 502 of the Con21 gressional Budget Act of 1974: Provided further, That 

22 these funds are available to subsidize total loan principal, 

23 any part of which is to be guaranteed, not to exceed 

24 $53,000,000. In addition, for administrative expenses to 

25 carry out the Historically Black College and University 
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1 Capital Financing Program entered into pursuant to part 

2 D of title III of the HEA, $354,000. 

3 INSTITUTE OF EDUCATION SCIENCES

4 For carrying out activities authorized by the Edu5 cation Sciences Reform Act of 2002, the National Assess6 ment of Educational Progress Authorization Act, section 

7 208 of the Educational Technical Assistance Act of 2002, 

8 and section 664 of the Individuals with Disabilities Edu9 cation Act, $642,442,000, of which $347,580,000 shall be 

10 available until September 30, 2010: Provided, That funds 

11 available to carry out section 208 of the Educational Tech12 nical Assistance Act may be used for Statewide data sys13 tems that include postsecondary and workforce informa14 tion: Provided further, That up to $5,000,000 of the funds 

15 available to carry out section 208 of the Educational Tech16 nical Assistance Act may be used for State data coordina17 tors and for awards to public or private organizations or 

18 agencies to improve data coordination. 

19 DEPARTMENTAL MANAGEMENT

20 PROGRAM ADMINISTRATION

21 For carrying out, to the extent not otherwise pro22 vided, the Department of Education Organization Act, in23 cluding rental of conference rooms in the District of Co24 lumbia and hire of three passenger motor vehicles, 

25 $427,939,000, of which $7,939,000, to remain available 
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1 until expended, shall be for relocation of, and renovation 

2 of buildings occupied by, Department staff. 

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil 

5 Rights, as authorized by section 203 of the Department 

6 of Education Organization Act, $89,612,000. 

7 OFFICE OF THE INSPECTOR GENERAL

8 For expenses necessary for the Office of the Inspector 

9 General, as authorized by section 212 of the Department 

10 of Education Organization Act, $54,539,000. 

11 GENERAL PROVISIONS

12 SEC. 301. No funds appropriated in this Act may be 

13 used for the transportation of students or teachers (or for 

14 the purchase of equipment for such transportation) in 

15 order to overcome racial imbalance in any school or school 

16 system, or for the transportation of students or teachers 

17 (or for the purchase of equipment for such transportation) 

18 in order to carry out a plan of racial desegregation of any 

19 school or school system. 

20 SEC. 302. None of the funds contained in this Act 

21 shall be used to require, directly or indirectly, the trans22 portation of any student to a school other than the school 

23 which is nearest the student’s home, except for a student 

24 requiring special education, to the school offering such 

25 special education, in order to comply with title VI of the 

26 Civil Rights Act of 1964. For the purpose of this section 
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1 an indirect requirement of transportation of students in2 cludes the transportation of students to carry out a plan 

3 involving the reorganization of the grade structure of 

4 schools, the pairing of schools, or the clustering of schools, 

5 or any combination of grade restructuring, pairing or clus6 tering. The prohibition described in this section does not 

7 include the establishment of magnet schools. 

8 SEC. 303. No funds appropriated in this Act may be 

9 used to prevent the implementation of programs of vol10 untary prayer and meditation in the public schools. 

11 (TRANSFER OF FUNDS)

12 SEC. 304. Not to exceed 1 percent of any discre13 tionary funds (pursuant to the Balanced Budget and 

14 Emergency Deficit Control Act of 1985) which are appro15 priated for the Department of Education in this Act may 

16 be transferred between appropriations, but no such appro17 priation shall be increased by more than 3 percent by any 

18 such transfer: Provided, That the transfer authority 

19 granted by this section shall be available only to meet 

20 emergency needs and shall not be used to create any new 

21 program or to fund any project or activity for which no 

22 funds are provided in this Act: Provided further, That the 

23 Committees on Appropriations of the House of Represent24 atives and the Senate are notified at least 15 days in ad25 vance of any transfer. 
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1 SEC. 305. None of the funds made available in this 

2 Act may be used to promulgate, implement, or enforce any 

3 revision to the regulations in effect under section 496 of 

4 the Higher Education Act of 1965 on June 1, 2007, until 

5 legislation specifically requiring such revision is enacted. 

6 This title may be cited as the ‘‘Department of Edu7 cation Appropriations Act, 2009’’. 

8 TITLE IV 

9 RELATED AGENCIES 

10 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

11 BLIND OR SEVERELY DISABLED

12 SALARIES AND EXPENSES

13 For expenses necessary of the Committee for Pur14 chase From People Who Are Blind or Severely Disabled 

15 established by Public Law 92–28, $5,094,000. 

16 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

17 NATIONAL AND COMMUNITY SERVICE PROGRAMS, 

18 OPERATING EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for the Corporation for Na21 tional and Community Service to carry out the Domestic 

22 Volunteer Service Act of 1973 (‘‘1973 Act’’) and the Na23 tional and Community Service Act of 1990 (‘‘1990 Act’’), 

24 $810,235,000, of which $307,585,000 is to carry out the 

25 1973 Act and $502,650,000 is to carry out the 1990 Act: 

26 Provided, That $27,500,000 of the amount provided under 
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1 this heading shall remain available until September 30, 

2 2010 to carry out subtitle E of the 1990 Act at five cam3 puses throughout the United States: Provided further, 

4 That up to 1 percent of program grant funds may be used 

5 to defray the costs of conducting grant application re6 views, including the use of outside peer reviewers and elec7 tronic management of the grants cycle: Provided further, 

8 That none of the funds made available under this heading 

9 for activities authorized by section 122 and part E of title 

10 II of the 1973 Act shall be used to provide stipends or 

11 other monetary incentives to program participants or vol12 unteer leaders whose incomes exceed the income guidelines 

13 in subsections 211(e) and 213(b) of the 1973 Act: Pro14 vided further, That notwithstanding subtitle H of title I 

15 of the 1990 Act, none of the funds provided for quality 

16 and innovation activities shall be used to support salaries 

17 and related expenses (including travel) attributable to 

18 Corporation for National and Community Service employ19 ees: Provided further, That, for fiscal year 2009 and there20 after, in addition to amounts otherwise provided to the 

21 National Service Trust under this heading, at no later 

22 than the end of the fifth fiscal year after the fiscal year 

23 for which funds are appropriated or otherwise made avail24 able, unobligated balances of appropriations available for 

25 grants under the National Service Trust Program under 
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1 subtitle C of title I of the 1990 Act during such fiscal 

2 year may be transferred to the National Service Trust 

3 after notice is transmitted to Congress, if such funds are 

4 initially obligated before the expiration of their period of 

5 availability as provided: Provided further, That of the 

6 amounts provided under this heading: (1) $132,110,000, 

7 to remain available until expended, shall be transferred to 

8 the National Service Trust to carry out subtitle D of title 

9 I of the 1990 Act: Provided further, That the Corporation 

10 may transfer additional funds from the amount provided 

11 for activities authorized in the 1990 Act to the National 

12 Service Trust authorized under subtitle D of title I of the 

13 1990 Act, upon determination that such transfer is nec14 essary to support the activities of national service partici15 pants and after notice is transmitted to the Congress; (2) 

16 not more than $55,000,000 of funding provided for grants 

17 under the National Service Trust program authorized 

18 under subtitle C of title I of the 1990 Act may be used 

19 to administer, reimburse, or support any national service 

20 program authorized under section 129(d)(2) of such Act; 

21 and (3) $11,790,000 shall be to provide assistance to 

22 State commissions on national and community service, 

23 under section 126(a) of the 1990 Act and notwithstanding 

24 section 501(a)(4) of the 1990 Act. 
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1 SALARIES AND EXPENSES

2 For necessary expenses of administration as provided 

3 under section 501(a)(4) of the National and Community 

4 Service Act of 1990 and under section 504(a) of the Do5 mestic Volunteer Service Act of 1973, including payment 

6 of salaries, authorized travel, hire of passenger motor vehi7 cles, the rental of conference rooms in the District of Co8 lumbia, the employment of experts and consultants au9 thorized under 5 U.S.C. 3109, and not to exceed $2,500 

10 for official reception and representation expenses, 

11 $71,715,000. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the Inspector General Act of 1978, 

15 $6,512,000. 

16 ADMINISTRATIVE PROVISIONS

17 SEC. 401. Notwithstanding any other provision of 

18 law, the term ‘‘qualified student loan’’ with respect to na19 tional service education awards shall mean any loan deter20 mined by an institution of higher education to be nec21 essary to cover a student’s cost of attendance at such in22 stitution and made, insured, or guaranteed directly to a 

23 student by a State agency, in addition to other meanings 

24 under section 148(b)(7) of the National and Community 

25 Service Act of 1990. 
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1 SEC. 402. Notwithstanding any other provision of 

2 law, funds made available under section 129(d)(5)(B) of 

3 the National and Community Service Act of 1990 (‘‘1990 

4 Act’’) to assist entities in placing applicants who are indi5 viduals with disabilities may be provided to any entity that 

6 receives a grant under section 121 of the 1990 Act. 

7 SEC. 403. The Corporation for National and Commu8 nity Service shall make any significant changes to pro9 gram requirements, service delivery or policy only through 

10 public notice and comment rulemaking. For fiscal year 

11 2009, during any grant selection process, an officer or em12 ployee of the Corporation shall not knowingly disclose any 

13 covered grant selection information regarding such selec14 tion, directly or indirectly, to any person other than an 

15 officer or employee of the Corporation that is authorized 

16 by the Corporation to receive such information. 

17 SEC. 404. Professional Corps programs described in 

18 section 122(a)(8) of the National and Community Service 

19 Act of 1990 may apply to the Corporation for a waiver 

20 of application of section 140(c)(2). 

21 SEC. 405. Notwithstanding 31 U.S.C. 1342, the Cor22 poration for National and Community Service (‘‘the Cor23 poration’’) may solicit and accept the services of organiza24 tions and individuals (other than participants) to assist 

25 the Corporation in carrying out the duties of the Corpora-
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1 tion under the national service laws: Provided, That an 

2 individual who provides services under this section shall 

3 be subject to the same protections and limitations as vol4 unteers under section 196(a) of the National and Commu5 nity Service Act of 1990. 

6 SEC. 406. Organizations operating projects under the 

7 AmeriCorps Education Awards Program shall do so with8 out regard to the requirements of sections 121(d) and (e), 

9 131(e), 132, and 140(a), (d), and (e) of the National and 

10 Community Service Act of 1990. 

11 SEC. 407. AmeriCorps programs receiving grants 

12 under the National Service Trust program shall meet an 

13 overall minimum share requirement of 24 percent for the 

14 first three years that they receive AmeriCorps funding, 

15 and thereafter shall meet the overall minimum share re16 quirement as provided in section 2521.60 of title 45, Code 

17 of Federal Regulations, without regard to the operating 

18 costs match requirement in section 121(e) or the member 

19 support Federal share limitations in section 140 of the 

20 National and Community Service Act of 1990, and subject 

21 to partial waiver consistent with section 2521.70 of title 

22 45, Code of Federal Regulations. 

23 SEC. 408. Notwithstanding any other provision of 

24 law, formula-based grants to States and territories under 

25 section 129(a)(1)–(2) of the National and Community 
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1 Service Act of 1990 to operate AmeriCorps programs may 

2 be made if the application describes proposed positions 

3 into which participants will be placed and the proposed 

4 minimum qualifications of such participants, and includes 

5 an assurance that the State will select national service 

6 programs for subgrants on a competitive basis, and an as7 surance that the aforementioned information will be pro8 vided for each subgrant awarded prior to the execution 

9 of such subgrants. 

10 SEC. 409. Of the amounts provided in this Act which 

11 the Corporation allocates for the provision of assistance 

12 under subsections 129(a) and (b) of the National and 

13 Community Service Act of 1990 (‘‘1990 Act’’), the Cor14 poration shall apply the formula in section 129(a)(1) of 

15 the 1990 Act in such a manner so as to ensure that each 

16 State shall receive a minimum of $500,000: Provided, 

17 That, in no event shall the total amount allotted under 

section 129(a)(1) exceed 331 18 ⁄3 percent of the funds allo19 cated by the Corporation for the provision of assistance 

20 under subsections 129(a) and (b) of the 1990 Act. 

21 SEC. 410. Notwithstanding section 139(b) of the Na22 tional and Community Service Act of 1990 (‘‘1990 Act’’), 

23 an individual in an approved national service position per24 forming full-time or part-time national service directly re25 lated to disaster relief efforts may continue in that term 
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1 of service for a period of 6 months beyond the periods 

2 otherwise specified in sections 139(b) and 153(e) of the 

3 1990 Act or section 104 of the Domestic Volunteer Service 

4 Act of 1973. Service in an extended term as provided 

5 under this section shall constitute a single term of service 

6 for purposes of sections 146(b) and (c) of the 1990 Act. 

7 SEC. 411. Donations made to the Corporation under 

8 section 196 of the National and Community Service Act 

9 of 1990 (‘‘1990 Act’’) for the purposes of financing pro10 grams and operations under titles I and II of the 1973 

11 Act or subtitles B, C, D, or E of title I of the 1990 Act 

12 shall be used to supplement and not supplant current pro13 grams and operations. 

14 CORPORATION FOR PUBLIC BROADCASTING

15 For payment to the Corporation for Public Broad16 casting (‘‘Corporation’’), as authorized by the Commu17 nications Act of 1934, an amount which shall be available 

18 within limitations specified by that Act, for the fiscal year 

19 2011, $430,000,000: Provided, That no funds made avail20 able to the Corporation by this Act shall be used to pay 

21 for receptions, parties, or similar forms of entertainment 

22 for Government officials or employees: Provided further, 

23 That none of the funds contained in this paragraph shall 

24 be available or used to aid or support any program or ac25 tivity from which any person is excluded, or is denied ben-
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1 efits, or is discriminated against, on the basis of race, 

2 color, national origin, religion, or sex: Provided further, 

3 That no funds made available to the Corporation by this 

4 Act shall be used to apply any political test or qualification 

5 in selecting, appointing, promoting, or taking any other 

6 personnel action with respect to officers, agents, and em7 ployees of the Corporation: Provided further, That for fis8 cal year 2009, in addition to the amounts provided above, 

9 $29,181,000 shall be for costs related to digital program 

10 production, development, and distribution, associated with 

11 the transition of public broadcasting to digital broad12 casting, to be awarded as determined by the Corporation 

13 in consultation with public radio and television licensees 

14 or permittees, or their designated representatives: Pro15 vided further, That for fiscal year 2009, in addition to the 

16 amounts provided above, $26,283,000 is available pursu17 ant to section 396(k)(10) of the Communications Act of 

18 1934 for replacement and upgrade of the public radio 

19 interconnection system: Provided further, That none of the 

20 funds made available to the Corporation by this Act, divi21 sion G of the Consolidated Appropriations Act, 2008, or 

22 the Continuing Appropriations Resolution, 2007, shall be 

23 used to support the Television Future Fund or any similar 

24 purpose. 
110 

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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation 

4 and Conciliation Service (‘‘Service’’) to carry out the func5 tions vested in it by the Labor Management Relations Act, 

6 1947, including hire of passenger motor vehicles; for ex7 penses necessary for the Labor-Management Cooperation 

8 Act of 1978; and for expenses necessary for the Service 

9 to carry out the functions vested in it by the Civil Service 

10 Reform Act, Public Law 95–454, $44,826,000: Provided, 

11 That notwithstanding 31 U.S.C. 3302, fees charged, up 

12 to full-cost recovery, for special training activities and 

13 other conflict resolution services and technical assistance, 

14 including those provided to foreign governments and inter15 national organizations, and for arbitration services shall 

16 be credited to and merged with this account, and shall 

17 remain available until expended: Provided further, That 

18 fees for arbitration services shall be available only for edu19 cation, training, and professional development of the agen20 cy workforce: Provided further, That the Director of the 

21 Service is authorized to accept and use on behalf of the 

22 United States gifts of services and real, personal, or other 

23 property in the aid of any projects or functions within the 

24 Director’s jurisdiction. 
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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission, $8,653,000. 

6 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

7 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

8 AND ADMINISTRATION

9 For carrying out the Museum and Library Services 

10 Act of 1996 and the National Museum of African Amer11 ican History and Culture Act, $258,960,000: Provided, 

12 That funds may be made available for support through 

13 inter-agency agreement or grant to commemorative Fed14 eral commissions that support museum and library activi15 ties, in partnership with libraries and museums that are 

16 eligible for funding under programs carried out by the In17 stitute of Museum and Library Services. 

18 MEDICARE PAYMENT ADVISORY COMMISSION

19 SALARIES AND EXPENSES

20 For expenses necessary to carry out section 1805 of 

21 the Social Security Act, $11,403,000, to be transferred to 

22 this appropriation from the Federal Hospital Insurance 

23 and the Federal Supplementary Medical Insurance Trust 

24 Funds. 
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1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, $3,206,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, and other laws, 

11 $262,595,207: Provided, That no part of this appropria12 tion shall be available to organize or assist in organizing 

13 agricultural laborers or used in connection with investiga14 tions, hearings, directives, or orders concerning bargaining 

15 units composed of agricultural laborers as referred to in 

16 section 2(3) of the Act of July 5, 1935, and as amended 

17 by the Labor-Management Relations Act, 1947, and as de18 fined in section 3(f) of the Act of June 25, 1938, and 

19 including in said definition employees engaged in the 

20 maintenance and operation of ditches, canals, reservoirs, 

21 and waterways when maintained or operated on a mutual, 

22 nonprofit basis and at least 95 percent of the water stored 

23 or supplied thereby is used for farming purposes. 
113 

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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions 

4 of the Railway Labor Act, including emergency boards ap5 pointed by the President, $12,992,000. 

6 OCCUPATIONAL SAFETY AND HEALTH REVIEW

7 COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Occupational Safety 

10 and Health Review Commission, $11,186,000. 

11 RAILROAD RETIREMENT BOARD

12 DUAL BENEFITS PAYMENTS ACCOUNT

13 For payment to the Dual Benefits Payments Ac14 count, authorized under section 15(d) of the Railroad Re15 tirement Act of 1974, $72,000,000, which shall include 

16 amounts becoming available in fiscal year 2009 pursuant 

17 to section 224(c)(1)(B) of Public Law 98–76; and in addi18 tion, an amount, not to exceed 2 percent of the amount 

19 provided herein, shall be available proportional to the 

20 amount by which the product of recipients and the average 

21 benefit received exceeds the amount available for payment 

22 of vested dual benefits: Provided, That the total amount 

23 provided herein shall be credited in 12 approximately 

24 equal amounts on the first day of each month in the fiscal 

25 year. 
114 

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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the 

4 Treasury for the payment of benefits under the Railroad 

5 Retirement Act for interest earned on unnegotiated 

6 checks, $150,000, to remain available through September 

7 30, 2010, which shall be the maximum amount available 

8 for payment pursuant to section 417 of Public Law 98– 

9 76. 

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement 

12 Board (‘‘Board’’) for administration of the Railroad Re13 tirement Act and the Railroad Unemployment Insurance 

14 Act, $105,463,000, to be derived in such amounts as de15 termined by the Board from the railroad retirement ac16 counts and from moneys credited to the railroad unem17 ployment insurance administration fund. 

18 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General for audit, investigatory and review activities, as 

21 authorized by the Inspector General Act of 1978, not more 

22 than $7,806,000, to be derived from the railroad retire23 ment accounts and railroad unemployment insurance ac24 count. 
115 

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1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors 

4 Insurance Trust Fund and the Federal Disability Insur5 ance Trust Fund, as provided under sections 201(m), 

6 228(g), and 1131(b)(2) of the Social Security Act, 

7 $20,406,000. 

8 SUPPLEMENTAL SECURITY INCOME PROGRAM

9 For carrying out titles XI and XVI of the Social Se10 curity Act, section 401 of Public Law 92–603, section 212 

11 of Public Law 93–66, as amended, and section 405 of 

12 Public Law 95–216, including payment to the Social Secu13 rity trust funds for administrative expenses incurred pur14 suant to section 201(g)(1) of the Social Security Act, 

15 $30,429,875,000, to remain available until expended: Pro16 vided, That any portion of the funds provided to a State 

17 in the current fiscal year and not obligated by the State 

18 during that year shall be returned to the Treasury. 

19 For making, after June 15 of the current fiscal year, 

20 benefit payments to individuals under title XVI of the So21 cial Security Act, for unanticipated costs incurred for the 

22 current fiscal year, such sums as may be necessary. 

23 For making benefit payments under title XVI of the 

24 Social Security Act for the first quarter of fiscal year 

25 2010, $15,400,000,000, to remain available until ex26 pended. 
116 

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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 For necessary expenses, including the hire of two pas3 senger motor vehicles, and not to exceed $15,000 for offi4 cial reception and representation expenses, not more than 

5 $9,991,000,000 may be expended, as authorized by sec6 tion 201(g)(1) of the Social Security Act, from any one 

7 or all of the trust funds referred to therein: Provided, That 

8 not less than $2,000,000 shall be for the Social Security 

9 Advisory Board: Provided further, That unobligated bal10 ances of funds provided under this paragraph at the end 

11 of fiscal year 2009 not needed for fiscal year 2009 shall 

12 remain available until expended to invest in the Social Se13 curity Administration information technology and tele14 communications hardware and software infrastructure, in15 cluding related equipment and non-payroll administrative 

16 expenses associated solely with this information technology 

17 and telecommunications infrastructure: Provided further, 

18 That reimbursement to the trust funds under this heading 

19 for expenditures for official time for employees of the So20 cial Security Administration pursuant to 5 U.S.C. 7131, 

21 and for facilities or support services for labor organiza22 tions pursuant to policies, regulations, or procedures re23 ferred to in section 7135(b) of such title shall be made 

24 by the Secretary of the Treasury, with interest, from 
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1 amounts in the general fund not otherwise appropriated, 

2 as soon as possible after such expenditures are made. 

3 From funds provided under the first paragraph, not 

4 less than $264,000,000 shall be available for the cost asso5 ciated with conducting continuing disability reviews under 

6 titles II and XVI of the Social Security Act and for the 

7 cost associated with conducting redeterminations of eligi8 bility under title XVI of the Social Security Act. 

9 In addition to the amounts made available above, and 

10 subject to the same terms and conditions, $240,000,000, 

11 for additional continuing disability reviews and redeter12 minations of eligibility: Provided, That the Commissioner 

13 shall provide to the Congress (at the conclusion of the fis14 cal year) a report on the obligation and expenditure of 

15 these additional amounts, similar to the reports that were 

16 required by section 103(d)(2) of Public Law 104–121 for 

17 fiscal years 1996 through 2002. 

18 In addition, $145,000,000 to be derived from admin19 istration fees in excess of $5.00 per supplementary pay20 ment collected pursuant to section 1616(d) of the Social 

21 Security Act or section 212(b)(3) of Public Law 93–66, 

22 which shall remain available until expended. To the extent 

23 that the amounts collected pursuant to such sections in 

24 fiscal year 2009 exceed $145,000,000, the amounts shall 
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1 be available in fiscal year 2010 only to the extent provided 

2 in advance in appropriations Acts. 

3 In addition, up to $1,000,000 to be derived from fees 

4 collected pursuant to section 303(c) of the Social Security 

5 Protection Act, which shall remain available until ex6 pended. 

7 OFFICE OF INSPECTOR GENERAL

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary for the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $28,000,000, together with not to 

12 exceed $70,127,000, to be transferred and expended as 

13 authorized by section 201(g)(1) of the Social Security Act 

14 from the Federal Old-Age and Survivors Insurance Trust 

15 Fund and the Federal Disability Insurance Trust Fund. 

16 In addition, an amount not to exceed 3 percent of 

17 the total provided in this appropriation may be transferred 

18 from the ‘‘Limitation on Administrative Expenses’’, Social 

19 Security Administration, to be merged with this account, 

20 to be available for the time and purposes for which this 

21 account is available: Provided, That notice of such trans22 fers shall be transmitted promptly to the Committees on 

23 Appropriations of the House of Representatives and the 

24 Senate. 
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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. The Secretaries of Labor, Health and 

4 Human Services, and Education are authorized to transfer 

5 unexpended balances of prior appropriations to accounts 

6 corresponding to current appropriations provided in this 

7 Act. Such transferred balances shall be used for the same 

8 purpose, and for the same periods of time, for which they 

9 were originally appropriated. 

10 SEC. 502. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 503. (a) No part of any appropriation contained 

14 in this Act shall be used, other than for normal and recog15 nized executive-legislative relationships, for publicity or 

16 propaganda purposes, for the preparation, distribution, or 

17 use of any kit, pamphlet, booklet, publication, radio, tele18 vision, or video presentation designed to support or defeat 

19 legislation pending before the Congress or any State legis20 lature, except in presentation to the Congress or any State 

21 legislature itself. 

22 (b) No part of any appropriation contained in this 

23 Act shall be used to pay the salary or expenses of any 

24 grant or contract recipient, or agent acting for such recipi25 ent, related to any activity designed to influence legislation 
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1 or appropriations pending before the Congress or any 

2 State legislature. 

3 SEC. 504. The Secretaries of Labor and Education 

4 are authorized to make available not to exceed $28,000 

5 and $20,000, respectively, from funds available for sala6 ries and expenses under titles I and III, respectively, for 

7 official reception and representation expenses; the Direc8 tor of the Federal Mediation and Conciliation Service is 

9 authorized to make available for official reception and rep10 resentation expenses not to exceed $5,000 from the funds 

11 available for ‘‘Federal Mediation and Conciliation Service, 

12 Salaries and expenses’’; and the Chairman of the National 

13 Mediation Board is authorized to make available for offi14 cial reception and representation expenses not to exceed 

15 $5,000 from funds available for ‘‘National Mediation 

16 Board, Salaries and expenses’’. 

17 SEC. 505. Notwithstanding any other provision of 

18 this Act, no funds appropriated in this Act shall be used 

19 to carry out any program of distributing sterile needles 

20 or syringes for the hypodermic injection of any illegal 

21 drug. 

22 SEC. 506. When issuing statements, press releases, 

23 requests for proposals, bid solicitations and other docu24 ments describing projects or programs funded in whole or 

25 in part with Federal money, all grantees receiving Federal 
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1 funds included in this Act, including but not limited to 

2 State and local governments and recipients of Federal re3 search grants, shall clearly state— 

4 (1) the percentage of the total costs of the pro5 gram or project which will be financed with Federal 

6 money; 

7 (2) the dollar amount of Federal funds for the 

8 project or program; and 

9 (3) percentage and dollar amount of the total 

10 costs of the project or program that will be financed 

11 by non-governmental sources. 

12 SEC. 507. (a) None of the funds appropriated in this 

13 Act, and none of the funds in any trust fund to which 

14 funds are appropriated in this Act, shall be expended for 

15 any abortion. 

16 (b) None of the funds appropriated in this Act, and 

17 none of the funds in any trust fund to which funds are 

18 appropriated in this Act, shall be expended for health ben19 efits coverage that includes coverage of abortion. 

20 (c) The term ‘‘health benefits coverage’’ means the 

21 package of services covered by a managed care provider 

22 or organization pursuant to a contract or other arrange23 ment. 

24 SEC. 508. (a) The limitations established in the pre25 ceding section shall not apply to an abortion— 
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1 (1) if the pregnancy is the result of an act of 

2 rape or incest; or 

3 (2) in the case where a woman suffers from a 

4 physical disorder, physical injury, or physical illness, 

5 including a life-endangering physical condition 

6 caused by or arising from the pregnancy itself, that 

7 would, as certified by a physician, place the woman 

8 in danger of death unless an abortion is performed. 

9 (b) Nothing in the preceding section shall be con10 strued as prohibiting the expenditure by a State, locality, 

11 entity, or private person of State, local, or private funds 

12 (other than a State’s or locality’s contribution of Medicaid 

13 matching funds). 

14 (c) Nothing in the preceding section shall be con15 strued as restricting the ability of any managed care pro16 vider from offering abortion coverage or the ability of a 

17 State or locality to contract separately with such a pro18 vider for such coverage with State funds (other than a 

19 State’s or locality’s contribution of Medicaid matching 

20 funds). 

21 (d)(1) None of the funds made available in this Act 

22 may be made available to a Federal agency or program, 

23 or to a State or local government, if such agency, program, 

24 or government subjects any institutional or individual 

25 health care entity to discrimination on the basis that the 
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1 health care entity does not provide, pay for, provide cov2 erage of, or refer for abortions. 

3 (2) In this subsection, the term ‘‘health care entity’’ 

4 includes an individual physician or other health care pro5 fessional, a hospital, a provider-sponsored organization, a 

6 health maintenance organization, a health insurance plan, 

7 or any other kind of health care facility, organization, or 

8 plan. 

9 SEC. 509. (a) None of the funds made available in 

10 this Act may be used for— 

11 (1) the creation of a human embryo or embryos 

12 for research purposes; or 

13 (2) research in which a human embryo or em14 bryos are destroyed, discarded, or knowingly sub15 jected to risk of injury or death greater than that 

16 allowed for research on fetuses in utero under 45 

17 CFR 46.204(b) and section 498(b) of the Public 

18 Health Service Act (42 U.S.C. 289g(b)). 

19 (b) For purposes of this section, the term ‘‘human 

20 embryo or embryos’’ includes any organism, not protected 

21 as a human subject under 45 CFR 46 as of the date of 

22 the enactment of this Act, that is derived by fertilization, 

23 parthenogenesis, cloning, or any other means from one or 

24 more human gametes or human diploid cells. 
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1 SEC. 510. (a) None of the funds made available in 

2 this Act may be used for any activity that promotes the 

3 legalization of any drug or other substance included in 

4 schedule I of the schedules of controlled substances estab5 lished under section 202 of the Controlled Substances Act 

6 (21 U.S.C. 812) except for normal and recognized execu7 tive-congressional communications. 

8 (b) The limitation in subsection (a) shall not apply 

9 when there is significant medical evidence of a therapeutic 

10 advantage to the use of such drug or other substance or 

11 that federally sponsored clinical trials are being conducted 

12 to determine therapeutic advantage. 

13 SEC. 511. None of the funds made available in this 

14 Act may be used to promulgate or adopt any final stand15 ard under section 1173(b) of the Social Security Act pro16 viding for, or providing for the assignment of, a unique 

17 health identifier for an individual (except in an individ18 ual’s capacity as an employer or a health care provider), 

19 until legislation is enacted specifically approving the 

20 standard. 

21 SEC. 512. None of the funds made available in this 

22 Act may be obligated or expended to enter into or renew 

23 a contract with an entity if— 

24 (1) such entity is otherwise a contractor with 

25 the United States and is subject to the requirement 
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1 in 38 U.S.C. 4212(d), regarding submission of an 

2 annual report to the Secretary of Labor concerning 

3 employment of certain veterans; and 

4 (2) such entity has not submitted a report as 

5 required by that section for the most recent year for 

6 which such requirement was applicable to such enti7 ty. 

8 SEC. 513. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except 

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriation Act. 

13 SEC. 514. None of the funds made available by this 

14 Act to carry out the Library Services and Technology Act 

15 may be made available to any library covered by para16 graph (1) of section 224(f) of such Act, as amended by 

17 the Children’s Internet Protection Act, unless such library 

18 has made the certifications required by paragraph (4) of 

19 such section. 

20 SEC. 515. None of the funds made available by this 

21 Act to carry out part D of title II of the Elementary and 

22 Secondary Education Act of 1965 may be made available 

23 to any elementary or secondary school covered by para24 graph (1) of section 2441(a) of such Act, as amended by 

25 the Children’s Internet Protection Act and the No Child 
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1 Left Behind Act, unless the local educational agency with 

2 responsibility for such covered school has made the certifi3 cations required by paragraph (2) of such section. 

4 SEC. 516. (a) None of the funds provided under this 

5 Act, or provided under previous appropriations Acts to the 

6 agencies funded by this Act that remain available for obli7 gation or expenditure in fiscal year 2009, or provided from 

8 any accounts in the Treasury of the United States derived 

9 by the collection of fees available to the agencies funded 

10 by this Act, shall be available for obligation or expenditure 

11 through a reprogramming of funds that— 

12 (1) creates new programs; 

13 (2) eliminates a program, project, or activity; 

14 (3) increases funds or personnel by any means 

15 for any project or activity for which funds have been 

16 denied or restricted; 

17 (4) relocates an office or employees; 

18 (5) reorganizes or renames offices; 

19 (6) reorganizes programs or activities; or 

20 (7) contracts out or privatizes any functions or 

21 activities presently performed by Federal employees; 

22 unless the Committees on Appropriations of the House of 

23 Representatives and the Senate are notified 15 days in 

24 advance of such reprogramming or of an announcement 
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1 of intent relating to such reprogramming, whichever oc2 curs earlier. 

3 (b) None of the funds provided under this Act, or 

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation 

6 or expenditure in fiscal year 2009, or provided from any 

7 accounts in the Treasury of the United States derived by 

8 the collection of fees available to the agencies funded by 

9 this Act, shall be available for obligation or expenditure 

10 through a reprogramming of funds in excess of $500,000 

11 or 10 percent, whichever is less, that— 

12 (1) augments existing programs, projects (in13 cluding construction projects), or activities; 

14 (2) reduces by 10 percent funding for any exist15 ing program, project, or activity, or numbers of per16 sonnel by 10 percent as approved by Congress; or 

17 (3) results from any general savings from a re18 duction in personnel which would result in a change 

19 in existing programs, activities, or projects as ap20 proved by Congress; 

21 unless the Committees on Appropriations of the House of 

22 Representatives and the Senate are notified 15 days in 

23 advance of such reprogramming or of an announcement 

24 of intent relating to such reprogramming, whichever oc25 curs earlier. 
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1 SEC. 517. (a) None of the funds made available in 

2 this Act may be used to request that a candidate for ap3 pointment to a Federal scientific advisory committee dis4 close the political affiliation or voting history of the can5 didate or the position that the candidate holds with re6 spect to political issues not directly related to and nec7 essary for the work of the committee involved. 

8 (b) None of the funds made available in this Act may 

9 be used to disseminate scientific information that is delib10 erately false or misleading. 

11 SEC. 518. The Secretaries of Labor, Health and 

12 Human Services, and Education shall each prepare and 

13 submit to the Committees on Appropriations of the House 

14 of Representatives and the Senate a report on the number 

15 and amount of contracts, grants, and cooperative agree16 ments exceeding $100,000 in value and awarded by the 

17 Department on a non-competitive basis during each quar18 ter of fiscal year 2009, but not to include grants awarded 

19 on a formula basis. Such report shall include the name 

20 of the contractor or grantee, the amount of funding, and 

21 the governmental purpose. Such report shall be trans22 mitted to the Committees within 30 days after the end 

23 of the quarter for which the report is submitted. 

24 SEC. 519. None of the funds appropriated or other25 wise made available by this Act may be used to enter into 
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1 a contract in an amount greater than $5,000,000 or to 

2 award a grant in excess of such amount unless the pro3 spective contractor or grantee certifies in writing to the 

4 agency awarding the contract or grant that, to the best 

5 of its knowledge and belief, the contractor or grantee has 

6 filed all Federal tax returns required during the three 

7 years preceding the certification, has not been convicted 

8 of a criminal offense under the Internal Revenue Code of 

9 1986, and has not, more than 90 days prior to certifi10 cation, been notified of any unpaid Federal tax assessment 

11 for which the liability remains unsatisfied, unless the as12 sessment is the subject of an installment agreement or 

13 offer in compromise that has been approved by the Inter14 nal Revenue Service and is not in default, or the assess15 ment is the subject of a non-frivolous administrative or 

16 judicial proceeding. 

17 SEC. 520. Each Afghan alien granted special immi18 grant status under section 101(a)(27) of the Immigration 

19 and Nationality Act shall, during the first 8 months in 

20 such status, be considered to be a refugee for purposes 

21 of eligibility for resettlement assistance, entitlement pro22 grams, and other benefits available to refugees admitted 

23 under section 207 of such Act. 
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1 This Act may be cited as the ‘‘Departments of Labor, 

2 Health and Human Services, and Education, and Related 

3 Agencies Appropriations Act, 2009’’. 

Calendar No. 866 

110TH CONGRESS 

2D SESSION S. 3230 

[Report No. 110–410] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2009, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJULY 8, 2008 

Read twice and placed on the calendar