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

                                                 Union Calendar No. 120
111th CONGRESS
  1st Session
                                H. R. 3293

                          [Report No. 111-220]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2009

Mr. Obey, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 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, 2010, and for other purposes.

 

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

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

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

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

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

        advances to the unemployment trust fund and other funds

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

                         program administration

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

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $154,060,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

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

                            special benefits

                     (including transfer of funds)

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

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

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

                 Mine Safety and Health Administration

                         salaries and expenses

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

                       Bureau of Labor Statistics

                         salaries and expenses

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

                 Office of Disability Employment Policy

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

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

                          office of job corps

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

                    veterans employment and training

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

                      office of inspector general

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

                           General Provisions

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

                          (transfer of funds)

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

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

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

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                disease control, research, and training

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

                     National Institutes of Health

                       national cancer institute

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

               national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

                     (including transfer of funds)

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

             national institute of general medical sciences

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

  eunice kennedy shriver national institute of child health and human 
                              development

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

                         national eye institute

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

          national institute of environmental health sciences

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

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

                 national center for research resources

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

       national center for complementary and alternative medicine

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

       national center on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

                         office of the director

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

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

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

               Agency for Healthcare Research and Quality

                    healthcare research and quality

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

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

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

              health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low income home energy assistance

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

                     refugee and entrant assistance

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

   payments to states for the child care and development block grant

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

                      social services block grant

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

                children and families services programs

                     (including transfer of funds)

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

                   promoting safe and stable families

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

                payments for foster care and permanency

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

                        Administration on Aging

                        aging services programs

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

                        Office of the Secretary

                    general departmental management

                     (including transfer of funds)

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

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

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

                        office for civil rights

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

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

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

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

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

                            Indian Education

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

                       Innovation and Improvement

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

             State Fiscal Stabilization Fund, Recovery Act

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $22,599,000.

               national technical institute for the deaf

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

                          gallaudet university

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

                 Career, Technical, and Adult Education

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

                      Student Financial Assistance

                     (including deferral of funds)

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management

                         program administration

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

                        office for civil rights

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

                    office of the inspector general

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

                           General Provisions

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

                          (transfer of funds)

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

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

                           operating expenses

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

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the National and Community Service Act 
of 1990 (``1990 Act''), $178,214,000, to remain available until 
expended: Provided, That the Corporation for National and Community 
Service may transfer additional funds from the amount provided within 
``Operating Expenses'' allocated to grants under subtitle C of title I 
of the 1990 Act to the National Service Trust upon determination that 
such transfer is necessary to support the activities of national 
service participants and after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the Senate: 
Provided further, That amounts appropriated for or transferred to the 
National Service Trust may be invested under section 145(b) of the 1990 
Act without regard to the requirement to apportion funds under 31 
U.S.C. 1513(b).

                         salaries and expenses

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

                      office of inspector general

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

                       administrative provisions

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

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                         salaries and expenses

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

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

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

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

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

                  Medicare Payment Advisory Commission

                         salaries and expenses

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

                     National Council on Disability

                         salaries and expenses

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

                     National Labor Relations Board

                         salaries and expenses

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

                        National Mediation Board

                         salaries and expenses

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

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

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

          federal payments to the railroad retirement accounts

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

                      limitation on administration

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

             limitation on the office of inspector general

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

                     Social Security Administration

                payments to social security trust funds

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

                  supplemental security income program

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

                 limitation on administrative expenses

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

                      office of inspector general

                     (including transfer of funds)

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

                      TITLE V--GENERAL PROVISIONS

                          (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and Expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 506. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 508. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 510.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 511.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 513.  None of the funds made available by this Act to carry 
out the Library Services and Technology Act may be made available to 
any library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 514.  None of the funds made available by this Act to carry 
out part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 515. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2010, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 516. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 517.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2010 that are different than those 
specified in this Act, the accompanying detailed table in the committee 
report, or the fiscal year 2010 budget request.
    Sec. 518.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $100,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2010, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 519.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 520.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of 
the claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 521.  None of the funds appropriated by this Act may be used 
by the Commissioner of Social Security or the Social Security 
Administration to pay the compensation of employees of the Social 
Security Administration to administer Social Security benefit payments, 
under any agreement between the United States and Mexico establlishing 
totalization arrangements between the social security system 
established by title II of the Social Security Act and the social 
security system of Mexico, which would not otherwise be payble but for 
such agreement.
    Sec. 522.  None of the funds made available in this Act may be used 
in contravention of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
    Sec. 523.  None of the funds contained in this Act may be used to 
distribute any needle or syringe for the hypodermic injection of any 
illegal drug in any location which is within 1,000 feet of a public or 
private day care center, elementary school, vocational school, 
secondary school, college, junior college, or university, or any public 
swimming pool, park, playground, video arcade, or youth center, or an 
event sponsored by any such entity.
     This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2010''.
                                                 Union Calendar No. 120

111th CONGRESS

  1st Session

                               H. R. 3293

                          [Report No. 111-220]

_______________________________________________________________________

                                 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, 2010, and for other purposes.

_______________________________________________________________________

                             July 22, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```