IIB 

111TH CONGRESS 

1ST SESSION H. R. 3293 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2009 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2010, and 

for other purposes. 

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


bajohnson on DSK3CLS3C1PROD with BILLS
2 

HR 3293 RFS 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Departments of Labor, Health and Human Services, and 

4 Education, and related agencies for the fiscal year ending 

5 September 30, 2010, and for other purposes, namely: 

6 TITLE I—DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Workforce Investment 

11 Act of 1998 (‘‘WIA’’), the Second Chance Act of 2007, 

12 and the Women in Apprenticeship and Non-Traditional 

13 Occupations Act of 1992, including the purchase and hire 

14 of passenger motor vehicles, the construction, alteration, 

15 and repair of buildings and other facilities, and the pur16 chase of real property for training centers as authorized 

17 by the WIA; $3,802,961,000, plus reimbursements, shall 

18 be available. Of the amounts provided: 

19 (1) for grants to States for adult employment 

20 and training activities, youth activities, and dis21 located worker employment and training activities, 

22 $2,969,449,000 as follows: 

23 (A) $861,540,000 for adult employment 

24 and training activities, of which $149,540,000 

25 shall be available for the period July 1, 2010, 


bajohnson on DSK3CLS3C1PROD with BILLS
3 

HR 3293 RFS 

1 through June 30, 2011, and of which 

2 $712,000,000 shall be available for the period 

3 October 1, 2010 through June 30, 2011; 

4 (B) $924,069,000 for youth activities, 

5 which shall be available for the period April 1, 

6 2010 through June 30, 2011; and 

7 (C) $1,183,840,000 for dislocated worker 

8 employment and training activities, of which 

9 $321,731,000 shall be available for the period 

10 July 1, 2010 through June 30, 2011, and of 

11 which $862,109,000 shall be available for the 

12 period October 1, 2010 through June 30, 2011: 

13 Provided, That notwithstanding the transfer limita14 tion under section 133(b)(4) of the WIA, up to 30 

15 percent of such funds may be transferred by a local 

16 board if approved by the Governor: Provided further, 

17 That a local board may award a contract to an insti18 tution of higher education or other eligible training 

19 provider if the local board determines that it would 

20 facilitate the training of multiple individuals in high21 demand occupations, if such contract does not limit 

22 customer choice; 

23 (2) for federally administered programs, 

24 $453,429,000 as follows: 


bajohnson on DSK3CLS3C1PROD with BILLS
4 

HR 3293 RFS 

1 (A) $215,051,000 for the dislocated work2 ers assistance national reserve, of which 

3 $17,160,000 shall be available for the period 

4 July 1, 2010 through June 30, 2011, and of 

5 which $197,891,000 shall be available for the 

6 period October 1, 2010 through June 30, 2011: 

7 Provided, That funds provided to carry out sec8 tion 132(a)(2)(A) of the WIA may be used to 

9 provide assistance to a State for State-wide or 

10 local use in order to address cases where there 

11 have been worker dislocations across multiple 

12 sectors or across multiple local areas and such 

13 workers remain dislocated; coordinate the State 

14 workforce development plan with emerging eco15 nomic development needs; and train such eligi16 ble dislocated workers: Provided further, That 

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

18 the WIA may be used for demonstration 

19 projects that provide assistance to new entrants 

20 in the workforce and incumbent workers; 

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

23 July 1, 2010 through June 30, 2011; 

24 (C) $84,620,000 for migrant and seasonal 

25 farmworker programs under section 167 of the 


bajohnson on DSK3CLS3C1PROD with BILLS
5 

HR 3293 RFS 

1 WIA, including $78,610,000 for formula grants 

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

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

4 for migrant and seasonal housing (of which not 

5 less than 70 percent shall be for permanent 

6 housing), and $510,000 for other discretionary 

7 purposes, which shall be available for the period 

8 July 1, 2010 through June 30, 2011: Provided, 

9 That notwithstanding any other provision of 

10 law or related regulation, the Department of 

11 Labor shall take no action limiting the number 

12 or proportion of eligible participants receiving 

13 related assistance services or discouraging 

14 grantees from providing such services; 

15 (D) $1,000,000 for carrying out the 

16 Women in Apprenticeship and Nontraditional 

17 Occupations Act, which shall be available for 

18 the period July 1, 2010 through June 30, 

19 2011; and 

20 (E) $100,000,000 for YouthBuild activities 

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

22 shall be available for the period April 1, 2010 

23 through June 30, 2011: Provided, That for pro24 gram year 2010 and each program year there25 after, the YouthBuild program may serve an inVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
6 

HR 3293 RFS 

1 dividual who has dropped out of high school 

2 and re-enrolled in an alternative school, if that 

3 re-enrollment is part of a sequential service 

4 strategy; 

5 (3) for national activities, $380,083,000, as fol6 lows: 

7 (A) $66,990,000 for Pilots, Demonstra8 tions, and Research, which shall be available for 

9 the period April 1, 2010 through June 30, 

10 2011, of which $35,000,000 shall be for Transi11 tional Jobs activities, and shall not be subject 

12 to the requirements of section 171(b)(2)(B) or 

13 171(c)(4)(D) of the WIA, and that a sufficient 

14 portion of these funds shall be for an evaluation 

15 of the program; and of which $5,500,000 shall 

16 be for competitive grants to address the em17 ployment and training needs of young parents, 

18 and shall not be subject to the requirements of 

19 section 171(b)(2)(B) or 171(c)(4)(D) of the 

20 WIA; and of which $24,490,000 shall be used 

21 for the projects, and in the amounts, specified 

22 under the heading ‘‘Training and Employment 

23 Services’’ in the report of the Committee on Ap24 propriations of the House of Representatives to 

25 accompany this Act: Provided, That funding 


bajohnson on DSK3CLS3C1PROD with BILLS
7 

HR 3293 RFS 

1 provided to carry out such projects shall not be 

2 subject to the requirements of sections 

3 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the 

4 joint funding requirements of sections 

5 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or 

6 any time limit requirements of sections 

7 171(b)(2)(C) and 171(c)(4)(B) of the WIA; 

8 (B) $108,493,000 for ex-offender activi9 ties, under the authority of section 171 of the 

10 WIA and section 212 of the Second Chance Act 

11 of 2007, which shall be available for the period 

12 July 1, 2010 through June 30, 2011, and 

13 which shall not be subject to the requirements 

14 of section 171(b)(2)(B) or 171(c)(4)(D) of the 

15 WIA: Provided, That not less than $34,000,000 

16 shall be available for adult ex-offender activi17 ties, of which $15,000,000 shall be for competi18 tive grants to provide Transitional Job activities 

19 for adult ex-offenders; 

20 (C) $9,600,000 for Evaluation, which shall 

21 be available for the period July 1, 2010 through 

22 June 30, 2011, and which may be transferred 

23 to any other account within the Department to 

24 carry out evaluation activities; 


bajohnson on DSK3CLS3C1PROD with BILLS
8 

HR 3293 RFS 

1 (D) $50,000,000 (reduced by $5,000,000) 

2 for activities that prepare workers for careers in 

3 energy efficiency and renewable energy as de4 scribed in section 171(e)(1)(B) of the WIA, 

5 under the authority of section 171 of the WIA, 

6 which shall be available for the period July 1, 

7 2010 through June 30, 2011, and which shall 

8 not be subject to the requirements of section 

9 171(b)(2)(B) or 171(c)(4)(D); 

10 (E) $130,000,000 (increased by 

11 $5,000,000) for the Career Pathways Innova12 tion Fund, under the authority of section 171 

13 of the WIA, which shall be available for the pe14 riod July 1, 2010 through June 30, 2011, of 

15 which not less than $65,000,000 shall be dedi16 cated to activities that prepare workers for ca17 reers in the health care sector, and which shall 

18 not be subject to the requirements of section 

19 171(b)(2)(B) or 171(c)(4)(D); and 

20 (F) $15,000,000 for the Workforce Data 

21 Quality Initiative, under the authority of section 

22 171(c)(2) of the WIA, which shall be available 

23 for the period July 1, 2010 through June 30, 

24 2011, and which shall not be subject to the re25 quirements of section 171(c)(4)(D). 


bajohnson on DSK3CLS3C1PROD with BILLS
9 

HR 3293 RFS 

1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

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

4 1965, $615,425,000, which shall be available for the pe5 riod July 1, 2010 through June 30, 2011: Provided, That 

6 funds made available under this heading in this Act may, 

7 in accordance with section 517(c) of the Older Americans 

8 Act of 1965, be recaptured and reobligated. 

9 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

10 For payments during fiscal year 2010 of trade ad11 justment benefit payments and allowances under part I 

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

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

14 employment and case management services, allowances for 

15 job search and relocation, and related State administrative 

16 expenses under part II of subchapter B of chapter 2 of 

17 title II of the Trade Act of 1974, including benefit pay18 ments, allowances, training, and related State administra19 tion provided pursuant to paragraphs (1) and (2) of sec20 tion 1891(b) of the Trade and Globalization Adjustment 

21 Assistance Act of 2009, $1,818,400,000, together with 

22 such amounts as may be necessary to be charged to the 

23 subsequent appropriation for payments for any period sub24 sequent to September 15, 2010. 


bajohnson on DSK3CLS3C1PROD with BILLS
10 

HR 3293 RFS 

1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses, 

4 $69,903,000, together with not to exceed $3,977,153,000 

5 which may be expended from the Employment Security 

6 Administration Account in the Unemployment Trust Fund 

7 (‘‘the Trust Fund’’), of which: 

8 (1) $3,195,645,000 from the Trust Fund is for 

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

11 III of the Social Security Act (including 

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

13 eligibility assessments and unemployment insurance 

14 improper payment reviews), the administration of 

15 unemployment insurance for Federal employees and 

16 for ex-service members as authorized under 5 U.S.C. 

17 8501–8523, and the administration of trade read18 justment allowances, reemployment trade adjustment 

19 assistance, and alternative trade adjustment assist20 ance under the Trade Act of 1974 and under section 

21 1891(b) of the Trade and Globalization Adjustment 

22 Assistance Act of 2009, and shall be available for 

23 obligation by the States through December 31, 

24 2010, except that funds used for automation acquisi25 tions shall be available for obligation by the States 


bajohnson on DSK3CLS3C1PROD with BILLS
11 

HR 3293 RFS 

1 through September 30, 2012, and funds used for 

2 unemployment insurance workloads experienced by 

3 the States through September 30, 2010, shall be 

4 available for Federal obligation through December 

5 31, 2010; 

6 (2) $11,310,000 from the Trust Fund is for na7 tional activities necessary to support the administra8 tion of the Federal-State unemployment insurance 

9 system; 

10 (3) $680,893,000 from the Trust Fund, to11 gether with $22,683,000 from the General Fund of 

12 the Treasury, is for grants to States in accordance 

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

14 be available for Federal obligation for the period 

15 July 1, 2010 through June 30, 2011; 

16 (4) $20,869,000 from the Trust Fund is for na17 tional activities of the Employment Service, includ18 ing administration of the work opportunity tax cred19 it under section 51 of the Internal Revenue Code of 

20 1986, and the provision of technical assistance and 

21 staff training under the Wagner-Peyser Act, includ22 ing not to exceed $1,228,000 that may be used for 

23 amortization payments to States which had inde24 pendent retirement plans in their State employment 

25 service agencies prior to 1980; 


bajohnson on DSK3CLS3C1PROD with BILLS
12 

HR 3293 RFS 

1 (5) $68,436,000 from the Trust Fund is for the 

2 administration of foreign labor certifications and re3 lated activities under the Immigration and Nation4 ality Act and related laws, of which $53,307,000 

5 shall be available for the Federal administration of 

6 such activities, and $15,129,000 shall be available 

7 for grants to States for the administration of such 

8 activities; and 

9 (6) $47,220,000 from the General Fund is to 

10 provide workforce information, national electronic 

11 tools, and one-stop system building under the Wag12 ner-Peyser Act and section 171 (e)(2)(C) of the 

13 Workforce Investment Act of 1998 and shall be 

14 available for Federal obligation for the period July 

15 1, 2010 through June 30, 2011: 

16 Provided, That to the extent that the Average Weekly In17 sured Unemployment (‘‘AWIU’’) for fiscal year 2010 is 

18 projected by the Department of Labor to exceed 

19 5,059,000, an additional $28,600,000 from the Trust 

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

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

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

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

24 funds appropriated in this Act that are allotted to a State 

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


bajohnson on DSK3CLS3C1PROD with BILLS
13 

HR 3293 RFS 

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

2 carrying out activities under such title III if the other 

3 States include areas that have suffered a major disaster 

4 declared by the President under the Robert T. Stafford 

5 Disaster Relief and Emergency Act: Provided further, 

6 That the Secretary of Labor may use funds appropriated 

7 for grants to States under title III of the Social Security 

8 Act to make payments on behalf of States for the use of 

9 the National Directory of New Hires under section 

10 453(j)(8) of such Act: Provided further, That funds appro11 priated in this Act which are used to establish a national 

12 one-stop career center system, or which are used to sup13 port the national activities of the Federal-State unemploy14 ment insurance or immigration programs, may be obli15 gated in contracts, grants, or agreements with non-State 

16 entities: Provided further, That funds appropriated under 

17 this Act for activities authorized under title III of the So18 cial Security Act and the Wagner-Peyser Act may be used 

19 by States to fund integrated Unemployment Insurance 

20 and Employment Service automation efforts, notwith21 standing cost allocation principles prescribed under the 

22 Office of Management and Budget Circular A–87: Pro23 vided further, That the Secretary, at the request of a State 

24 participating in a consortium with other States, may 

25 reallot funds allotted to such State under title III of the 


bajohnson on DSK3CLS3C1PROD with BILLS
14 

HR 3293 RFS 

1 Social Security Act to other States participating in the 

2 consortium in order to carry out activities that benefit the 

3 administration of the unemployment compensation law of 

4 the State making the request. 

5 In addition, $50,000,000 from the Employment Se6 curity Administration Account of the Unemployment 

7 Trust Fund shall be available to conduct in-person reem8 ployment and eligibility assessments and unemployment 

9 insurance improper payment reviews. 

10 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

11 OTHER FUNDS

12 For repayable advances to the Unemployment Trust 

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

14 Social Security Act, and to the Black Lung Disability 

15 Trust Fund as authorized by section 9501(c)(1) of the In16 ternal Revenue Code of 1986; and for nonrepayable ad17 vances to the Unemployment Trust Fund as authorized 

18 by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment 

19 Benefits and Allowances’’ account, such sums as may be 

20 necessary. 

21 PROGRAM ADMINISTRATION

22 For expenses of administering employment and train23 ing programs, $96,266,000, together with not to exceed 

24 $50,140,000, which may be expended from the EmployVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
15 

HR 3293 RFS 

1 ment Security Administration Account in the Unemploy2 ment Trust Fund. 

3 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employee Benefits 

6 Security Administration, $154,060,000. 

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

9 The Pension Benefit Guaranty Corporation (‘‘Cor10 poration’’) is authorized to make such expenditures, in11 cluding financial assistance authorized by subtitle E of 

12 title IV of the Employee Retirement Income Security Act 

13 of 1974, within limits of funds and borrowing authority 

14 available to the Corporation, and in accord with law, and 

15 to make such contracts and commitments without regard 

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

17 as may be necessary in carrying out the program, includ18 ing associated administrative expenses, through Sep19 tember 30, 2010, for the Corporation: Provided, That 

20 none of the funds available to the Corporation for fiscal 

21 year 2010 shall be available for obligations for administra22 tive expenses in excess of $464,067,000: Provided further, 

23 That to the extent that the number of new plan partici24 pants in plans terminated by the Corporation exceeds 

25 100,000 in fiscal year 2010, an amount not to exceed an 


bajohnson on DSK3CLS3C1PROD with BILLS
16 

HR 3293 RFS 

1 additional $9,200,000 shall be available through Sep2 tember 30, 2011 for obligation for administrative expenses 

3 for every 20,000 additional terminated participants: Pro4 vided further, That an additional $50,000 shall be made 

5 available through September 30, 2011, for obligation for 

6 investment management fees for every $25,000,000 in as7 sets received by the Corporation as a result of new plan 

8 terminations or asset growth, after approval by the Office 

9 of Management and Budget and notification of the Com10 mittees on Appropriations of the House of Representatives 

11 and the Senate: Provided further, That obligations in ex12 cess of the amounts provided in this paragraph may be 

13 incurred for unforeseen and extraordinary pretermination 

14 expenses after approval by the Office of Management and 

15 Budget and notification of the Committees on Appropria16 tions of the House of Representatives and the Senate. 

17 EMPLOYMENT STANDARDS ADMINISTRATION

18 SALARIES AND EXPENSES

19 (INCLUDING RESCISSION)

20 For necessary expenses for the Employment Stand21 ards Administration, including reimbursement to State, 

22 Federal, and local agencies and their employees for inspec23 tion services rendered, $484,632,000, together with 

24 $2,124,000 which may be expended from the Special Fund 

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


bajohnson on DSK3CLS3C1PROD with BILLS
17 

HR 3293 RFS 

1 Longshore and Harbor Workers’ Compensation Act: Pro2 vided, That the Secretary of Labor is authorized to estab3 lish and, in accordance with 31 U.S.C. 3302, collect and 

4 deposit in the Treasury fees for processing applications 

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

6 Fair Labor Standards Act of 1938 and for processing ap7 plications and issuing registrations under title I of the Mi8 grant and Seasonal Agricultural Worker Protection Act. 

9 Of the unobligated funds collected pursuant to sec10 tion 286(v) of the Immigration and Nationality Act, 

11 $65,000,000 are rescinded as of September 30, 2010. 

12 SPECIAL BENEFITS

13 (INCLUDING TRANSFER OF FUNDS)

14 For the payment of compensation, benefits, and ex15 penses (except administrative expenses) accruing during 

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

17 81; continuation of benefits as provided for under the 

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

19 Agency Appropriation Act, 1947; the Employees’ Com20 pensation Commission Appropriation Act, 1944; sections 

21 4(c) and 5(f) of the War Claims Act of 1948; and 50 per22 cent of the additional compensation and benefits required 

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

24 Compensation Act, $187,000,000, together with such 

25 amounts as may be necessary to be charged to the subseVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
18 

HR 3293 RFS 

1 quent year appropriation for the payment of compensation 

2 and other benefits for any period subsequent to August 

3 15 of the current year: Provided, That amounts appro4 priated may be used under 5 U.S.C. 8104, by the Sec5 retary of Labor to reimburse an employer, who is not the 

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

7 of a reemployed, disabled beneficiary: Provided further, 

8 That balances of reimbursements unobligated on Sep9 tember 30, 2009, shall remain available until expended for 

10 the payment of compensation, benefits, and expenses: Pro11 vided further, That in addition there shall be transferred 

12 to this appropriation from the Postal Service and from 

13 any other corporation or instrumentality required under 

14 5 U.S.C. 8147(c) to pay an amount for its fair share of 

15 the cost of administration, such sums as the Secretary de16 termines to be the cost of administration for employees 

17 of such fair share entities through September 30, 2010: 

18 Provided further, That of those funds transferred to this 

19 account from the fair share entities to pay the cost of ad20 ministration of the Federal Employees’ Compensation Act, 

21 $58,120,000 shall be made available to the Secretary as 

22 follows: 

23 (1) For enhancement and maintenance of auto24 mated data processing systems and telecommuni25 cations systems, $19,968,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
19 

HR 3293 RFS 

1 (2) For automated workload processing oper2 ations, including document imaging, centralized mail 

3 intake, and medical bill processing, $23,323,000. 

4 (3) For periodic roll management and medical 

5 review, $14,829,000. 

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

7 Treasury as miscellaneous receipts: 

8 Provided further, That the Secretary may require that any 

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

10 under 5 U.S.C. 81, or the Longshore and Harbor Work11 ers’ Compensation Act, provide as part of such notice and 

12 claim, such identifying information (including Social Secu13 rity account number) as such regulations may prescribe. 

14 SPECIAL BENEFITS FOR DISABLED COAL MINERS

15 For carrying out title IV of the Federal Mine Safety 

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

17 275, $169,180,000, to remain available until expended. 

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

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

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

21 as may be necessary. 

22 For making benefit payments under title IV for the 

23 first quarter of fiscal year 2011, $45,000,000, to remain 

24 available until expended. 


bajohnson on DSK3CLS3C1PROD with BILLS
20 

HR 3293 RFS 

1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $51,197,000, to remain available until expended: Pro6 vided, That the Secretary of Labor may require that any 

7 person filing a claim for benefits under the Act provide 

8 as part of such claim, such identifying information (in9 cluding Social Security account number) as may be pre10 scribed. 

11 BLACK LUNG DISABILITY TRUST FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 In fiscal year 2010, such sums as may be necessary 

14 from the Black Lung Disability Trust Fund (‘‘Fund’’), to 

15 remain available until expended, for payment of all bene16 fits authorized by section 9501(d)(1), (2), (4), and (7) of 

17 the Internal Revenue Code of 1986; and interest on ad18 vances, as authorized by section 9501(c)(2) of that Act. 

19 In addition, the following amounts may be expended from 

20 the Fund for fiscal year 2010 for expenses of operation 

21 and administration of the Black Lung Benefits program, 

22 as authorized by section 9501(d)(5): not to exceed 

23 $32,720,000 for transfer to the Employment Standards 

24 Administration ‘‘Salaries and Expenses’’; not to exceed 

25 $25,091,000 for transfer to Departmental Management, 


bajohnson on DSK3CLS3C1PROD with BILLS
21 

HR 3293 RFS 

1 ‘‘Salaries and Expenses’’; not to exceed $327,000 for 

2 transfer to Departmental Management, ‘‘Office of Inspec3 tor General’’; and not to exceed $356,000 for payments 

4 into miscellaneous receipts for the expenses of the Depart5 ment of the Treasury. 

6 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses for the Occupational Safety 

9 and Health Administration, $554,620,000, including not 

10 to exceed $103,393,000 which shall be the maximum 

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

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

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

14 State occupational safety and health programs required to 

15 be incurred under plans approved by the Secretary of 

16 Labor under section 18 of the Act; and, in addition, not17 withstanding 31 U.S.C. 3302, the Occupational Safety 

18 and Health Administration may retain up to $200,000 per 

19 fiscal year of training institute course tuition fees, other20 wise authorized by law to be collected, and may utilize 

21 such sums for occupational safety and health training and 

22 education: Provided, That, notwithstanding 31 U.S.C. 

23 3302, the Secretary is authorized, during the fiscal year 

24 ending September 30, 2010, to collect and retain fees for 

25 services provided to Nationally Recognized Testing LabVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
22 

HR 3293 RFS 

1 oratories, and may utilize such sums, in accordance with 

2 the provisions of 29 U.S.C. 9a, to administer national and 

3 international laboratory recognition programs that ensure 

4 the safety of equipment and products used by workers in 

5 the workplace: Provided further, That none of the funds 

6 appropriated under this paragraph shall be obligated or 

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

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

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

10 operation which does not maintain a temporary labor 

11 camp and employs 10 or fewer employees: Provided fur12 ther, That no funds appropriated under this paragraph 

13 shall be obligated or expended to administer or enforce 

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

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

16 included within a category having a Days Away, Re17 stricted, or Transferred (DART) occupational injury and 

18 illness rate, at the most precise industrial classification 

19 code for which such data are published, less than the na20 tional average rate as such rates are most recently pub21 lished by the Secretary, acting through the Bureau of 

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

23 except— 


bajohnson on DSK3CLS3C1PROD with BILLS
23 

HR 3293 RFS 

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

4 (2) to conduct an inspection or investigation in 

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

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

9 any willful violations found; 

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

11 with respect to imminent dangers; 

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

13 with respect to health hazards; 

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

15 with respect to a report of an employment accident 

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

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

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

21 with respect to complaints of discrimination against 

22 employees for exercising rights under the Act: 

23 Provided further, That the foregoing proviso shall not 

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

25 which does not maintain a temporary labor camp and emVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
24 

HR 3293 RFS 

1 ploys 10 or fewer employees: Provided further, That 

2 $10,000,000 shall be available for Susan Harwood train3 ing grants. 

4 MINE SAFETY AND HEALTH ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Mine Safety and 

7 Health Administration, $353,193,000, including purchase 

8 and bestowal of certificates and trophies in connection 

9 with mine rescue and first-aid work, and the hire of pas10 senger motor vehicles, including up to $2,000,000 for 

11 mine rescue and recovery activities; in addition, not to ex12 ceed $750,000 may be collected by the National Mine 

13 Health and Safety Academy for room, board, tuition, and 

14 the sale of training materials, otherwise authorized by law 

15 to be collected, to be available for mine safety and health 

16 education and training activities, notwithstanding 31 

17 U.S.C. 3302; and, in addition, the Mine Safety and Health 

18 Administration may retain up to $1,000,000 from fees col19 lected for the approval and certification of equipment, ma20 terials, and explosives for use in mines, and may utilize 

21 such sums for such activities; the Secretary of Labor is 

22 authorized to accept lands, buildings, equipment, and 

23 other contributions from public and private sources and 

24 to prosecute projects in cooperation with other agencies, 

25 Federal, State, or private; the Mine Safety and Health AdVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
25 

HR 3293 RFS 

1 ministration is authorized to promote health and safety 

2 education and training in the mining community through 

3 cooperative programs with States, industry, and safety as4 sociations; the Secretary is authorized, in fiscal year 2010 

5 and each fiscal year thereafter, to recognize the Joseph 

6 A. Holmes Safety Association as a principal safety asso7 ciation and, notwithstanding any other provision of law, 

8 may provide funds and, with or without reimbursement, 

9 personnel, including service of Mine Safety and Health 

10 Administration officials as officers in local chapters or in 

11 the national organization; and any funds available to the 

12 Department of Labor may be used, with the approval of 

13 the Secretary, to provide for the costs of mine rescue and 

14 survival operations in the event of a major disaster. 

15 BUREAU OF LABOR STATISTICS

16 SALARIES AND EXPENSES

17 For necessary expenses for the Bureau of Labor Sta18 tistics, including advances or reimbursements to State, 

19 Federal, and local agencies and their employees for serv20 ices rendered, $533,359,000, together with not to exceed 

21 $78,264,000, which may be expended from the Employ22 ment Security Administration Account in the Unemploy23 ment Trust Fund, of which $1,500,000 may be used to 

24 fund the mass layoff statistics program under section 15 

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


bajohnson on DSK3CLS3C1PROD with BILLS
26 

HR 3293 RFS 

1 Employment Survey shall maintain the content of the sur2 vey issued prior to June 2005 with respect to the collection 

3 of data for the women worker series. 

4 OFFICE OF DISABILITY EMPLOYMENT POLICY

5 SALARIES AND EXPENSES

6 For necessary expenses for the Office of Disability 

7 Employment Policy to provide leadership, develop policy 

8 and initiatives, and award grants furthering the objective 

9 of eliminating barriers to the training and employment of 

10 people with disabilities, $37,031,000. 

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses for Departmental Manage15 ment, including the hire of three sedans, and including 

16 the management or operation, through contracts, grants 

17 or other arrangements of Departmental activities con18 ducted by or through the Bureau of International Labor 

19 Affairs, including bilateral and multilateral technical as20 sistance and other international labor activities, 

21 $350,827,000 (reduced by $1,000,000), of which 

22 $91,419,000 is for the Bureau of International Labor Af23 fairs (including $6,500,000 to implement model programs 

24 to address worker rights issues through technical assist25 ance in countries with which the United States has trade 


bajohnson on DSK3CLS3C1PROD with BILLS
27 

HR 3293 RFS 

1 preference programs), and of which $19,892,000 is for the 

2 acquisition of Departmental information technology, archi3 tecture, infrastructure, equipment, software and related 

4 needs, which will be allocated by the Department’s Chief 

5 Information Officer in accordance with the Department’s 

6 capital investment management process to assure a sound 

7 investment strategy, and of which $5,000,000 is for Pro8 gram Evaluation, which may be transferred to any other 

9 appropriate account in the Department for such purpose; 

10 together with not to exceed $327,000, which may be ex11 pended from the Employment Security Administration Ac12 count in the Unemployment Trust Fund. 

13 OFFICE OF JOB CORPS

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

15 Investment Act of 1998, including Federal administrative 

16 expenses, the purchase and hire of passenger motor vehi17 cles, the construction, alteration and repairs of buildings 

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

19 training centers as authorized by the Workforce Invest20 ment Act; $1,705,320,000, plus reimbursements, as fol21 lows: 

22 (1) $1,576,130,000 for Job Corps Operations, 

23 of which $985,130,000 shall be available for obliga24 tion for the period July 1, 2010 through June 30, 

25 2011 and of which $591,000,000 shall be available 


bajohnson on DSK3CLS3C1PROD with BILLS
28 

HR 3293 RFS 

1 for obligation for the period October 1, 2010 

2 through June 30, 2011. 

3 (2) $100,000,000 for construction, rehabilita4 tion and acquisition of Job Corps Centers, which 

5 shall be available for the period October 1, 2010 

6 through June 30, 2013. 

7 (3) $29,190,000 for necessary expenses of the 

8 Office of Job Corps which shall be available for obli9 gation for the period October 1, 2009 through Sep10 tember 30, 2010: 

11 Provided, That the Office of Job Corps shall have con12 tracting authority: Provided further, That no funds from 

13 any other appropriation shall be used to provide meal serv14 ices at or for Job Corps centers. 

15 VETERANS EMPLOYMENT AND TRAINING

16 Not to exceed $210,156,000 may be derived from the 

17 Employment Security Administration Account in the Un18 employment Trust Fund to carry out the provisions of 38 

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

20 Public Law 103–353, and which shall be available for obli21 gation by the States through December 31, 2010, of which 

22 $2,449,000 is for the National Veterans’ Employment and 

23 Training Services Institute. 

24 In addition, to carry out the Department of Labor 

25 programs under section 5(a)(1) of the Homeless Veterans 


bajohnson on DSK3CLS3C1PROD with BILLS
29 

HR 3293 RFS 

1 Comprehensive Assistance Act of 2001 and the Veterans 

2 Workforce Investment Programs under section 168 of the 

3 Workforce Investment Act, $46,971,000, of which 

4 $9,641,000 shall be available for obligation for the period 

5 July 1, 2010 through June 30, 2011. 

6 OFFICE OF INSPECTOR GENERAL

7 For salaries and expenses of the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, $78,093,000, together with not to 

10 exceed $5,921,000, which may be expended from the Em11 ployment Security Administration Account in the Unem12 ployment Trust Fund. 

13 GENERAL PROVISIONS

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

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

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

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

18 (TRANSFER OF FUNDS)

19 SEC. 102. Not to exceed 1 percent of any discre20 tionary funds (pursuant to the Balanced Budget and 

21 Emergency Deficit Control Act of 1985) which are appro22 priated for the current fiscal year for the Department of 

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

24 project, or activity, but no such program, project, or activ25 ity shall be increased by more than 3 percent by any such 


bajohnson on DSK3CLS3C1PROD with BILLS
30 

HR 3293 RFS 

1 transfer: Provided, That the transfer authority granted by 

2 this section shall be available only to meet emergency 

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

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

5 provided in this Act: Provided further, That the Commit6 tees on Appropriations of the House of Representatives 

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

8 of any transfer. 

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

10 13126, none of the funds appropriated or otherwise made 

11 available pursuant to this Act shall be obligated or ex12 pended for the procurement of goods mined, produced, 

13 manufactured, or harvested or services rendered, whole or 

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

15 and host countries already identified by the United States 

16 Department of Labor prior to enactment of this Act. 

17 SEC. 104. None of the funds appropriated in this title 

18 for grants under section 171 of the Workforce Investment 

19 Act of 1998 may be obligated prior to the preparation and 

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

21 Committees on Appropriations of the House of Represent22 atives and the Senate detailing the planned uses of such 

23 funds. 

24 SEC. 105. None of the funds made available to the 

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


bajohnson on DSK3CLS3C1PROD with BILLS
31 

HR 3293 RFS 

1 the American Competitiveness and Workforce Improve2 ment Act of 1998 may be used for any purpose other than 

3 training in the occupations and industries for which em4 ployers are using H–1B visas to hire foreign workers, and 

5 the related activities necessary to support such training: 

6 Provided, That the preceding limitation shall not apply to 

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

8 SEC. 106. None of the funds available in this Act or 

9 available to the Secretary of Labor from other sources for 

10 Career Pathways Innovation Fund grants and grants au11 thorized under section 414(c) of the American Competi12 tiveness and Workforce Improvement Act of 1998 shall 

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

14 basis. 

15 SEC. 107. None of the funds appropriated in this Act 

16 under the heading ‘‘Employment and Training Adminis17 tration’’ shall be used by a recipient or subrecipient of 

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

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

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

21 vendors providing goods and services as defined in Office 

22 of Management and Budget Circular A–133. Where 

23 States are recipients of such funds, States may establish 

24 a lower limit for salaries and bonuses of those receiving 

25 salaries and bonuses from subrecipients of such funds, 


bajohnson on DSK3CLS3C1PROD with BILLS
32 

HR 3293 RFS 

1 taking into account factors including the relative cost-of2 living in the State, the compensation levels for comparable 

3 State or local government employees, and the size of the 

4 organizations that administer Federal programs involved 

5 including Employment and Training Administration pro6 grams. 

7 SEC. 108. The Secretary of Labor shall submit to the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate a plan for the transfer of the admin10 istration of the Job Corps program authorized under title 

11 I–C of the Workforce Investment Act of 1998 from the 

12 Office of the Secretary to the Employment and Training 

13 Administration. As of the date that is 30 days after the 

14 date of submission of such plan, the Secretary may trans15 fer the administration and appropriated funds of the pro16 gram from the Office of the Secretary and the provisions 

17 of section 102 of Public Law 109–149 shall no longer be 

18 applicable. 

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

20 Appropriations Act, 2010’’. 


bajohnson on DSK3CLS3C1PROD with BILLS
33 

HR 3293 RFS 

1 TITLE II—DEPARTMENT OF HEALTH AND 

2 HUMAN SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

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

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

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

8 Health and Safety Act, title V and sections 711, 1128E, 

9 and 1820 of the Social Security Act, the Health Care 

10 Quality Improvement Act of 1986, the Native Hawaiian 

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

12 of 2000, section 712 of the American Jobs Creation Act 

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

14 of 2005, $7,305,817,000 (increased by $1,000,000), of 

15 which $41,200,000 from general revenues, notwith16 standing section 1820(j) of the Social Security Act, shall 

17 be available for carrying out the Medicare rural hospital 

18 flexibility grants program under such section: Provided, 

19 That of the funds made available under this heading, 

20 $129,000 shall be available until expended for facilities 

21 renovations at the Gillis W. Long Hansen’s Disease Cen22 ter: Provided further, That $56,000,000 of the funding 

23 provided for community health centers shall be for base 

24 grant adjustments for existing health centers: Provided 

25 further, That in addition to fees authorized by section 


bajohnson on DSK3CLS3C1PROD with BILLS
34 

HR 3293 RFS 

1 427(b) of the Health Care Quality Improvement Act of 

2 1986, fees shall be collected for the full disclosure of infor3 mation under the Act sufficient to recover the full costs 

4 of operating the National Practitioner Data Bank, and 

5 shall remain available until expended to carry out that 

6 Act: Provided further, That fees collected for the full dis7 closure of information under the ‘‘Health Care Fraud and 

8 Abuse Data Collection Program’’, authorized by section 

9 1128E(d)(2) of the Social Security Act, shall be sufficient 

10 to recover the full costs of operating the program, and 

11 shall remain available until expended to carry out that 

12 Act: Provided further, That no more than $40,000 shall 

13 be available until expended for carrying out the provisions 

14 of section 224(o) of the PHS Act including associated ad15 ministrative expenses and relevant evaluations: Provided 

16 further, That no more than $44,055,000 shall be available 

17 until expended for carrying out the provisions of Public 

18 Law 104–73 and for expenses incurred by the Department 

19 of Health and Human Services (‘‘HHS’’) pertaining to ad20 ministrative claims made under such law: Provided further, 

21 That of the funds made available under this heading, 

22 $317,491,000 shall be for the program under title X of 

23 the PHS Act to provide for voluntary family planning 

24 projects: Provided further, That amounts provided to said 

25 projects under such title shall not be expended for aborVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
35 

HR 3293 RFS 

1 tions, that all pregnancy counseling shall be nondirective, 

2 and that such amounts shall not be expended for any ac3 tivity (including the publication or distribution of lit4 erature) that in any way tends to promote public support 

5 or opposition to any legislative proposal or candidate for 

6 public office: Provided further, That of the funds available 

7 under this heading, $1,932,865,000 shall remain available 

8 to the Secretary of HHS through September 30, 2012, 

9 for parts A and B of title XXVI of the PHS Act: Provided 

10 further, That within the amounts provided for part A of 

11 title XXVI of the PHS Act, $6,021,000 shall be available 

12 to the Secretary through September 30, 2012, and shall 

13 be available to qualifying jurisdictions, within 30 days of 

14 enactment, for increasing supplemental grants for fiscal 

15 year 2010 to metropolitan and transitional areas that re16 ceived grant funding in fiscal year 2009 under subparts 

17 I and II of part A of title XXVI of the PHS Act to ensure 

18 that an area’s total funding under subparts I and II of 

19 part A for fiscal year 2009, together with the amount of 

20 this additional funding, is not less than 92.4 percent of 

21 the amount of such area’s total funding under part A for 

22 fiscal year 2006: Provided further, That notwithstanding 

23 section 2603(c)(1) of the PHS Act, the additional funding 

24 to areas under the immediately preceding proviso, which 

25 may be used for costs incurred during fiscal year 2009, 


bajohnson on DSK3CLS3C1PROD with BILLS
36 

HR 3293 RFS 

1 shall be available to the area for obligation from the date 

2 of the award through the end of the grant year for the 

3 award: Provided further, That $835,000,000 shall be for 

4 State AIDS Drug Assistance Programs authorized by sec5 tion 2616 of the PHS Act: Provided further, That in addi6 tion to amounts provided herein, $25,000,000 shall be 

7 available from amounts available under section 241 of the 

8 PHS Act to carry out parts A, B, C, and D of title XXVI 

9 of the PHS Act to fund section 2691 Special Projects of 

10 National Significance: Provided further, That notwith11 standing section 703 of Public Law 109–415, authority 

12 to carry out title XXVI of the PHS Act shall continue 

13 in effect until October 1, 2010, unless prior to that date, 

14 authorization is enacted into law otherwise extending this 

15 authority: Provided further, That notwithstanding sections 

16 502(a)(1) and 502(b)(1) of the Social Security Act, not 

17 to exceed $92,649,000 shall be available for carrying out 

18 special projects of regional and national significance pur19 suant to section 501(a)(2) of such Act and $10,400,000 

20 shall be available for projects described in paragraphs (A) 

21 through (F) of section 501(a)(3) of such Act: Provided 

22 further, That notwithstanding section 747(e)(2) of the 

23 PHS Act, not less than $5,000,000 shall be for general 

24 dentistry programs, not less than $5,000,000 shall be for 

25 pediatric dentistry programs including faculty loan repayVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
37 

HR 3293 RFS 

1 ment, and not less than $29,025,000 shall be for family 

2 medicine programs: Provided further, That funds provided 

3 under section 846 and subpart 3 of part D of title III 

4 of the PHS Act may be used to make prior year adjust5 ments to awards made under these sections: Provided fur6 ther, That of the amount appropriated in this paragraph, 

7 $179,330,000 shall be used for the projects financing the 

8 construction and renovation (including equipment) of 

9 health care and other facilities and for other health-related 

10 activities, and in the amounts, specified under the heading 

11 ‘‘Health Resources and Services’’ in the report of the 

12 Committee on Appropriations of the House of Representa13 tives to accompany this Act, and of which up to one per14 cent of the amount for each project may be used for re15 lated agency administrative expenses: Provided further, 

16 That notwithstanding section 338J(k) of the PHS Act, 

17 $9,700,000 shall be available for State Offices of Rural 

18 Health: Provided further, That of the funds provided, 

19 $15,000,000 shall be available for the Small Rural Hos20 pital Improvement Grant Program for quality improve21 ment and adoption of health information technology: Pro22 vided further, That $75,000,000 shall be available for 

23 State Health Access Grants to expand access to affordable 

24 health care coverage for the uninsured populations in such 

25 States. 


bajohnson on DSK3CLS3C1PROD with BILLS
38 

HR 3293 RFS 

1 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

2 ACCOUNT

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

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

8 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

9 For payments from the Vaccine Injury Compensation 

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

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

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

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

15 expended: Provided, That for necessary administrative ex16 penses, not to exceed $6,502,000 shall be available from 

17 the Trust Fund to the Secretary of Health and Human 

18 Services. 

19 CENTERS FOR DISEASE CONTROL AND PREVENTION

20 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

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

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

25 1977, section 13 of the Mine Improvement and New 


bajohnson on DSK3CLS3C1PROD with BILLS
39 

HR 3293 RFS 

1 Emergency Response Act of 2006, sections 20, 21, and 

2 22 of the Occupational Safety and Health Act of 1970, 

3 title IV of the Immigration and Nationality Act, section 

4 501 of the Refugee Education Assistance Act of 1980, and 

5 for expenses necessary to support activities related to 

6 countering potential biological, nuclear, radiological, and 

7 chemical threats to civilian populations; including pur8 chase and insurance of official motor vehicles in foreign 

9 countries; and purchase, hire, maintenance, and operation 

10 of aircraft, $6,313,032,000 (increased by $1,000,000), of 

11 which $30,000,000 shall remain available until expended 

12 for acquisition of real property, equipment, construction 

13 and renovation of facilities; of which $595,749,000 shall 

14 remain available until expended for the Strategic National 

15 Stockpile under section 319F–2 of the PHS Act; of which 

16 $13,455,000 shall be used for the projects, and in the 

17 amounts, specified under the heading ‘‘Disease Control, 

18 Research, and Training’’ in the report of the Committee 

19 on Appropriations of the House of Representatives to ac20 company this Act; of which $118,979,000 for international 

21 HIV/AIDS shall remain available through September 30, 

22 2011; and of which $70,723,000 shall be available until 

23 expended to provide screening and treatment for first re24 sponse emergency services personnel, residents, students, 

25 and others related to the September 11, 2001, terrorist 


bajohnson on DSK3CLS3C1PROD with BILLS
40 

HR 3293 RFS 

1 attacks on the World Trade Center: Provided, That in ad2 dition, such sums as may be derived from authorized user 

3 fees, which shall be credited to this account: Provided fur4 ther, That with respect to the previous proviso, authorized 

5 user fees from the Vessel Sanitation Program shall be 

6 available through September 30, 2011: Provided further, 

7 That in addition to amounts provided herein, the following 

8 amounts shall be available from amounts available under 

9 section 241 of the PHS Act: (1) $12,864,000 to carry out 

10 the National Immunization Surveys; (2) $138,683,000 

11 (increased by $1,000,000) to carry out the National Cen12 ter for Health Statistics surveys; (3) $47,386,000 (re13 duced by $1,000,000) for Public Health Informatics; (4) 

14 $47,036,000 for Health Marketing; (5) $31,170,000 to 

15 carry out Public Health Research; and (6) $91,724,000 

16 to carry out research activities within the National Occu17 pational Research Agenda: Provided further, That none of 

18 the funds made available for injury prevention and control 

19 at the Centers for Disease Control and Prevention may 

20 be used, in whole or in part, to advocate or promote gun 

21 control: Provided further, That of the funds made available 

22 under this heading, up to $1,000 per eligible employee of 

23 the Centers for Disease Control and Prevention shall be 

24 made available until expended for Individual Learning Ac25 counts: Provided further, That the Director may redirect 


bajohnson on DSK3CLS3C1PROD with BILLS
41 

HR 3293 RFS 

1 the total amount made available under authority of Public 

2 Law 101–502, section 3, dated November 3, 1990, to ac3 tivities the Director may so designate: Provided further, 

4 That the Committees on Appropriations of the House of 

5 Representatives and the Senate are to be notified promptly 

6 of any such redirection: Provided further, That not to ex7 ceed $20,573,000 may be available for making grants 

8 under section 1509 of the PHS Act to not less than 21 

9 States, tribes, or tribal organizations: Provided further, 

10 That of the funds appropriated, $10,000 shall be for offi11 cial reception and representation expenses when specifi12 cally approved by the Director of the Centers for Disease 

13 Control and Prevention: Provided further, That employees 

14 of the Centers for Disease Control and Prevention or the 

15 Public Health Service, both civilian and Commissioned Of16 ficers, detailed to States, municipalities, or other organiza17 tions under authority of section 214 of the PHS Act, or 

18 in overseas assignments, shall be treated as non-Federal 

19 employees for reporting purposes only and shall not be in20 cluded within any personnel ceiling applicable to the Agen21 cy, Service, or the Department of Health and Human 

22 Services during the period of detail or assignment: Pro23 vided further, That none of the funds appropriated may 

24 be used to implement section 2625 of the PHS Act. 


bajohnson on DSK3CLS3C1PROD with BILLS
42 

HR 3293 RFS 

1 In addition, for necessary expenses to administer the 

2 Energy Employees Occupational Illness Compensation 

3 Program Act, $55,358,000, to remain available until ex4 pended: Provided, That this amount shall be available con5 sistent with the provision regarding administrative ex6 penses in section 151(b) of division B, title I of Public 

7 Law 106–554. 

8 NATIONAL INSTITUTES OF HEALTH

9 NATIONAL CANCER INSTITUTE

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to cancer, 

12 $5,150,170,000, of which up to $8,000,000 may be used 

13 for facilities repairs and improvements at the National 

14 Cancer Institute-Frederick Federally Funded Research 

15 and Development Center in Frederick, Maryland. 

16 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to cardiovascular, lung, 

19 and blood diseases, and blood and blood products, 

20 $3,123,403,000. 

21 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

22 RESEARCH

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to dental disease, 

25 $417,032,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
43 

HR 3293 RFS 

1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

2 KIDNEY DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to diabetes and diges5 tive and kidney disease, $1,824,251,000. 

6 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

7 AND STROKE

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to neurological dis10 orders and stroke, $1,650,253,000. 

11 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

12 DISEASES

13 (INCLUDING TRANSFER OF FUNDS)

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to allergy and infec16 tious diseases, $4,859,502,000, of which $500,000,000 

17 shall be derived by transfer from funds appropriated under 

18 the heading ‘‘Biodefense Countermeasures’’ in the Depart19 ment of Homeland Security Appropriations Act, 2004: 

20 Provided, That $300,000,000 may be made available to 

21 International Assistance Programs ‘‘Global Fund to Fight 

22 HIV/AIDS, Malaria, and Tuberculosis’’, to remain avail23 able until expended. 


bajohnson on DSK3CLS3C1PROD with BILLS
44 

HR 3293 RFS 

1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

4 sciences, $2,069,156,000. 

5 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

6 CHILD HEALTH AND HUMAN DEVELOPMENT

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

9 human development, $1,341,120,000. 

10 NATIONAL EYE INSTITUTE

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

13 visual disorders, $713,072,000. 

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

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

18 health sciences, $695,497,000. 

19 NATIONAL INSTITUTE ON AGING

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

22 $1,119,404,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
45 

HR 3293 RFS 

1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to arthritis and mus5 culoskeletal and skin diseases, $543,621,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

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

10 communication disorders, $422,308,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

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

14 $146,945,000. 

15 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

16 ALCOHOLISM

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

19 alcoholism, $466,308,000. 

20 NATIONAL INSTITUTE ON DRUG ABUSE

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

23 $1,069,583,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
46 

HR 3293 RFS 

1 NATIONAL INSTITUTE OF MENTAL HEALTH

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

4 $1,502,266,000. 

5 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to human genome re8 search, $520,311,000. 

9 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

10 BIOENGINEERING

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

13 and bioengineering research, $319,217,000. 

14 NATIONAL CENTER FOR RESEARCH RESOURCES

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

17 and general research support grants, $1,280,031,000. 

18 NATIONAL CENTER FOR COMPLEMENTARY AND

19 ALTERNATIVE MEDICINE

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

22 alternative medicine, $129,953,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
47 

HR 3293 RFS 

1 NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

2 DISPARITIES

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

5 health disparities research, $213,316,000. 

6 JOHN E. FOGARTY INTERNATIONAL CENTER

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

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

9 title IV of the Public Health Service Act), $70,780,000. 

10 NATIONAL LIBRARY OF MEDICINE

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

13 information communications, $342,585,000, of which 

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

16 2010, the National Library of Medicine may enter into 

17 personal services contracts for the provision of services in 

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

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

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


bajohnson on DSK3CLS3C1PROD with BILLS
48 

HR 3293 RFS 

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

2 services. 

3 OFFICE OF THE DIRECTOR

4 For carrying out the responsibilities of the Office of 

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

6 $1,168,704,000, of which up to $25,000,000 shall be used 

7 to carry out section 214 of this Act: Provided, That fund8 ing shall be available for the purchase of not to exceed 

9 29 passenger motor vehicles for replacement only: Pro10 vided further, That the NIH is authorized to collect third 

11 party payments for the cost of clinical services that are 

12 incurred in NIH research facilities and that such pay13 ments shall be credited to the NIH Management Fund 

14 (‘‘Fund’’): Provided further, That all funds credited to the 

15 Fund shall remain available for one fiscal year after the 

16 fiscal year in which they are deposited: Provided further, 

17 That up to $194,400,000 shall be available for continu18 ation of the National Children’s Study: Provided further, 

19 That $534,066,000 shall be available for the Common 

20 Fund established under section 402A(c)(1) of the Public 

21 Health Service Act (‘‘PHS Act’’): Provided further, That 

22 of the funds provided $10,000 shall be for official recep23 tion and representation expenses when specifically ap24 proved by the Director of the NIH: Provided further, That 

25 the Office of AIDS Research within the Office of the DiVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
49 

HR 3293 RFS 

1 rector of the NIH may spend up to $8,000,000 to make 

2 grants for construction or renovation of facilities as pro3 vided for in section 2354(a)(5)(B) of the PHS Act. 

4 BUILDINGS AND FACILITIES

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

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

7 National Institutes of Health, including the acquisition of 

8 real property, $100,000,000, to remain available until ex9 pended. 

10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

11 ADMINISTRATION

12 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

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

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

15 abuse and mental health services and the Protection and 

16 Advocacy for Individuals with Mental Illness Act, 

17 $3,419,438,000, of which $10,108,000 shall be used for 

18 the projects, and in the amounts, specified under the head19 ing ‘‘Substance Abuse and Mental Health Services’’ in the 

20 report of the Committee on Appropriations of the House 

21 of Representatives to accompany this Act: Provided, That 

22 notwithstanding section 520A(f)(2) of the PHS Act, no 

23 funds appropriated for carrying out section 520A are 

24 available for carrying out section 1971 of the PHS Act: 

25 Provided further, That $795,000 shall be available until 


bajohnson on DSK3CLS3C1PROD with BILLS
50 

HR 3293 RFS 

1 expended for reimbursing the General Services Adminis2 tration for environmental testing and remediation on the 

3 federally owned facilities at St. Elizabeths Hospital, in4 cluding but not limited to testing and remediation con5 ducted prior to fiscal year 2010: Provided further, That 

6 in addition to amounts provided herein, the following 

7 amounts shall be available under section 241 of the PHS 

8 Act: (1) $79,200,000 to carry out subpart II of part B 

9 of title XIX of the PHS Act to fund section 1935(b) tech10 nical assistance, national data, data collection and evalua11 tion activities, and further that the total available under 

12 this Act for section 1935(b) activities shall not exceed 5 

13 percent of the amounts appropriated for subpart II of part 

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

15 of part B of title XIX of the PHS Act to fund section 

16 1920(b) technical assistance, national data, data collection 

17 and evaluation activities, and further that the total avail18 able under this Act for section 1920(b) activities shall not 

19 exceed 5 percent of the amounts appropriated for subpart 

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

21 national surveys on drug abuse and mental health; and 

22 (4) $8,596,000 to collect and analyze data and evaluate 

23 substance abuse treatment programs: Provided further, 

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

25 to funds appropriated under this Act for fiscal year 2010. 


bajohnson on DSK3CLS3C1PROD with BILLS
51 

HR 3293 RFS 

1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

3 For carrying out titles III and IX of the Public 

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

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

6 Prescription Drug, Improvement, and Modernization Act 

7 of 2003, amounts received from Freedom of Information 

8 Act fees, reimbursable and interagency agreements, and 

9 the sale of data shall be credited to this appropriation and 

10 shall remain available until expended: Provided, That the 

11 amount made available pursuant to section 937(c) of the 

12 PHS Act shall not exceed $372,053,000. 

13 CENTERS FOR MEDICARE AND MEDICAID SERVICES

14 GRANTS TO STATES FOR MEDICAID

15 For carrying out, except as otherwise provided, titles 

16 XI and XIX of the Social Security Act, $220,962,473,000, 

17 to remain available until expended. 

18 For making, after May 31, 2010, payments to States 

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

20 quarter of fiscal year 2010 for unanticipated costs, in21 curred for the current fiscal year, such sums as may be 

22 necessary. 

23 For making payments to States or in the case of sec24 tion 1928 on behalf of States under title XIX of the Social 


bajohnson on DSK3CLS3C1PROD with BILLS
52 

HR 3293 RFS 

1 Security Act for the first quarter of fiscal year 2011, 

2 $86,789,382,000, to remain available until expended. 

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

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

6 quarter and approved in that or any subsequent quarter. 

7 PAYMENTS TO HEALTH CARE TRUST FUNDS

8 For payment to the Federal Hospital Insurance 

9 Trust Fund and the Federal Supplementary Medical In10 surance Trust Fund, as provided under sections 217(g), 

11 1844, and 1860D–16 of the Social Security Act, sections 

12 103(c) and 111(d) of the Social Security Amendments of 

13 1965, section 278(d) of Public Law 97–248, and for ad14 ministrative expenses incurred pursuant to section 201(g) 

15 of the Social Security Act, $207,296,070,000. 

16 In addition, for making matching payments under 

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

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

19 estimates, such sums as may be necessary. 

20 PROGRAM MANAGEMENT

21 For carrying out, except as otherwise provided, titles 

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

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

24 Act’’), and the Clinical Laboratory Improvement Amend25 ments of 1988, not to exceed $3,463,362,000, to be transVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
53 

HR 3293 RFS 

1 ferred from the Federal Hospital Insurance Trust Fund 

2 and the Federal Supplementary Medical Insurance Trust 

3 Fund, as authorized by section 201(g) of the Social Secu4 rity Act; together with all funds collected in accordance 

5 with section 353 of the PHS Act and section 1857(e)(2) 

6 of the Social Security Act, funds retained by the Secretary 

7 of Health and Human Services pursuant to section 302 

8 of the Tax Relief and Health Care Act of 2006; and such 

9 sums as may be collected from authorized user fees and 

10 the sale of data, which shall be credited to this account 

11 and remain available until expended: Provided, That all 

12 funds derived in accordance with 31 U.S.C. 9701 from 

13 organizations established under title XIII of the PHS Act 

14 shall be credited to and available for carrying out the pur15 poses of this appropriation: Provided further, That 

16 $35,681,000, to remain available through September 30, 

17 2011, shall be for contract costs for the Healthcare Inte18 grated General Ledger Accounting System: Provided fur19 ther, That $65,600,000, to remain available through Sep20 tember 30, 2011, shall be for the Centers for Medicare 

21 and Medicaid Services (‘‘CMS’’) Medicare contracting re22 form activities: Provided further, That the Secretary is di23 rected to collect fees in fiscal year 2010 from Medicare 

24 Advantage organizations pursuant to section 1857(e)(2) 

25 of the Social Security Act and from eligible organizations 


bajohnson on DSK3CLS3C1PROD with BILLS
54 

HR 3293 RFS 

1 with risk-sharing contracts under section 1876 of that Act 

2 pursuant to section 1876(k)(4)(D) of that Act: Provided 

3 further, That $1,600,000 shall be used for the projects, 

4 and in the amounts, specified under the heading ‘‘Pro5 gram Management’’ in the report of the Committee on Ap6 propriations of the House of Representatives to accom7 pany this Act: Provided further, That $65,000,000 shall 

8 be available for the State high risk health insurance pool 

9 program as authorized by the State High Risk Pool Fund10 ing Extension Act of 2006. 

11 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

12 In addition to amounts otherwise available for pro13 gram integrity and program management, $311,000,000, 

14 to remain available through September 30, 2011, to be 

15 transferred from the Federal Hospital Insurance Trust 

16 Fund and the Federal Supplementary Medical Insurance 

17 Trust Fund, as authorized by section 201(g) of the Social 

18 Security Act, of which $220,320,000 shall be for the Medi19 care Integrity Program at the Centers for Medicare and 

20 Medicaid Services, including administrative costs, to con21 duct oversight activities for Medicare Advantage and the 

22 Medicare Prescription Drug Program authorized in title 

23 XVIII of the Social Security Act and for activities listed 

24 in section 1893 of such Act; of which $29,790,000 shall 

25 be for the Department of Health and Human Services OfVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
55 

HR 3293 RFS 

1 fice of Inspector General to carry out fraud and abuse ac2 tivities authorized by section 1817(k)(3) of such Act; of 

3 which $31,100,000 shall be for the Medicaid and Chil4 dren’s Health Insurance Program (‘‘CHIP’’) program in5 tegrity activities; and of which $29,790,000 shall be for 

6 the Department of Justice to carry out fraud and abuse 

7 activities authorized by section 1817(k)(3) of such Act: 

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

9 of the Social Security Act for fiscal year 2010 shall include 

10 measures of the operational efficiency and impact on 

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

12 CHIP programs for the funds provided by this appropria13 tion. 

14 ADMINISTRATION FOR CHILDREN AND FAMILIES

15 PAYMENTS TO STATES FOR CHILD SUPPORT

16 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

17 For making payments to States or other non-Federal 

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

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

20 $3,571,509,000, to remain available until expended; and 

21 for such purposes for the first quarter of fiscal year 2011, 

22 $1,100,000,000, to remain available until expended. 

23 For making payments to each State for carrying out 

24 the program of Aid to Families with Dependent Children 

25 under title IV–A of the Social Security Act before the efVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
56 

HR 3293 RFS 

1 fective date of the program of Temporary Assistance for 

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

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

4 available to a State with respect to expenditures under 

5 such title IV–A in fiscal year 1997 under this appropria6 tion and under such title IV–A as amended by the Per7 sonal Responsibility and Work Opportunity Reconciliation 

8 Act of 1996 shall not exceed the limitations under section 

9 116(b) of such Act. 

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

11 payments to States or other non-Federal entities under 

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

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

14 of the current fiscal year for unanticipated costs, incurred 

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

16 LOW INCOME HOME ENERGY ASSISTANCE

17 For making payments under subsections (b), (d), and 

18 (e) of section 2602 of the Low Income Home Energy As19 sistance Act of 1981, $5,100,000,000, of which 

20 $4,509,672,000 shall be for payments under subsections 

21 (b) and (d) of such section; and of which $590,328,000 

22 shall be for payments under subsection (e) of such section, 

23 to be made notwithstanding the designation requirements 

24 of such subsection: Provided, That all but $839,792,000 

25 of the amount provided in this Act for subsections (b) and 


bajohnson on DSK3CLS3C1PROD with BILLS
57 

HR 3293 RFS 

1 (d) shall be allocated as though the total appropriation 

2 for such payments for fiscal year 2010 was less than 

3 $1,975,000,000: Provided further, That notwithstanding 

4 section 2605(b)(2)(B)(ii) of such Act, a State may use any 

5 amount of an allotment from prior appropriations Acts 

6 that is available to that State for providing assistance in 

7 fiscal year 2010, and any allotment from funds appro8 priated in this Act or any other appropriations Act for 

9 fiscal year 2010, to provide assistance to households whose 

10 income does not exceed 75 percent of the State median 

11 income. 

12 REFUGEE AND ENTRANT ASSISTANCE

13 For necessary expenses for refugee and entrant as14 sistance activities authorized by section 414 of the Immi15 gration and Nationality Act and section 501 of the Ref16 ugee Education Assistance Act of 1980, for carrying out 

17 section 462 of the Homeland Security Act of 2002, section 

18 235 of the William Wilberforce Trafficking Victims Pro19 tection Reauthorization Act of 2008, and the Trafficking 

20 Victims Protection Act of 2000, for costs associated with 

21 the care and placement of unaccompanied alien children, 

22 and for carrying out the Torture Victims Relief Act of 

23 1998, $714,968,000, of which up to $9,814,000 shall be 

24 available to carry out the Trafficking Victims Protection 

25 Act of 2000: Provided, That funds appropriated under this 


bajohnson on DSK3CLS3C1PROD with BILLS
58 

HR 3293 RFS 

1 heading pursuant to section 414(a) of the Immigration 

2 and Nationality Act, section 462 of the Homeland Secu3 rity Act of 2002, section 235 of the William Wilberforce 

4 Trafficking Victims Protection Reauthorization Act of 

5 2008, and the Trafficking Victims Protection Act of 2000 

6 for fiscal year 2010 shall be available for the costs of as7 sistance provided and other activities to remain available 

8 through September 30, 2012. 

9 PAYMENTS TO STATES FOR THE CHILD CARE AND

10 DEVELOPMENT BLOCK GRANT

11 For carrying out the Child Care and Development 

12 Block Grant Act of 1990, $2,127,081,000 shall be used 

13 to supplement, not supplant State general revenue funds 

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

15 That $18,960,000 shall be available for child care resource 

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

17 $1,000,000 shall be for the Child Care Aware toll-free hot18 line: Provided further, That, in addition to the amounts 

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

20 $271,401,000 shall be reserved by the States for activities 

21 authorized under section 658G, of which $99,534,000 

22 shall be for activities that improve the quality of infant 

23 and toddler care: Provided further, That $9,910,000 shall 

24 be for use by the Secretary of Health and Human Services 


bajohnson on DSK3CLS3C1PROD with BILLS
59 

HR 3293 RFS 

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

3 SOCIAL SERVICES BLOCK GRANT

4 For making grants to States pursuant to section 

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

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

8 under such subparagraph for a State to carry out State 

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

10 percent. 

11 CHILDREN AND FAMILIES SERVICES PROGRAMS

12 (INCLUDING TRANSFER OF FUNDS)

13 For carrying out, except as otherwise provided, the 

14 Runaway and Homeless Youth Act, the Developmental 

15 Disabilities Assistance and Bill of Rights Act, the Head 

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

17 sections 310 and 316 of the Family Violence Prevention 

18 and Services Act, the Native American Programs Act of 

19 1974, title II of the Child Abuse Prevention and Treat20 ment and Adoption Reform Act of 1978 (adoption oppor21 tunities), sections 330F and 330G of the Public Health 

22 Service Act (‘‘PHS Act’’), the Abandoned Infants Assist23 ance Act of 1988, sections 261 and 291 of the Help Amer24 ica Vote Act of 2002, part B–1 of title IV and sections 

25 413, 1110, and 1115 of the Social Security Act; for makVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
60 

HR 3293 RFS 

1 ing payments under the Community Services Block Grant 

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

3 the Social Security Act, and the Assets for Independence 

4 Act; and for necessary administrative expenses to carry 

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

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

7 the Low Income Home Energy Assistance Act of 1981, 

8 title IV of the Immigration and Nationality Act, and sec9 tion 501 of the Refugee Education Assistance Act of 1980, 

10 $9,436,951,000, of which $39,500,000, to remain avail11 able through September 30, 2011, shall be for grants to 

12 States for adoption incentive payments, as authorized by 

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

14 for adoptions completed before September 30, 2010: Pro15 vided, That $7,234,783,000 shall be for making payments 

16 under the Head Start Act: Provided further, That of the 

17 funds appropriated in the American Recovery and Rein18 vestment Act of 2009 for Head Start and Early Head 

19 Start, only the amount provided to a Head Start grantee 

20 under section 640(a)(3)(A)(i)(I) of the Head Start Act as 

21 a cost of living adjustment may be considered to be part 

22 of the fiscal year 2009 base grant for such grantee for 

23 purposes of section 640(a)(2)(B)(i) through (v) of the 

24 Head Start Act: Provided further, That $746,000,000 

25 shall be for making payments under the CSBG Act: ProVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
61 

HR 3293 RFS 

1 vided further, That not less than $10,000,000 shall be for 

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

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

4 shall be available from amounts available under section 

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

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

7 to the extent Community Services Block Grant funds are 

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

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

11 for carryover into the next fiscal year for expenditure by 

12 such entity consistent with program purposes: Provided 

13 further, That the Secretary of Health and Human Services 

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

17 grant funds authorized under section 680 of the CSBG 

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

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

20 grant period for any activity consistent with section 

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

23 and other debt instruments, and program income may be 

24 used by grantees for any eligible purpose consistent with 

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


bajohnson on DSK3CLS3C1PROD with BILLS
62 

HR 3293 RFS 

1 That these procedures shall apply to such grant funds 

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

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

4 CSBG Act shall be available for financing construction 

5 and rehabilitation and loans or investments in private 

6 business enterprises owned by community development 

7 corporations: Provided further, That $17,410,000 shall be 

8 for activities authorized by the Help America Vote Act of 

9 2002, of which $12,154,000 shall be for payments to 

10 States to promote access for voters with disabilities, and 

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

12 protection and advocacy systems for voters with disabil13 ities: Provided further, That $110,000,000 shall be for 

14 making competitive contracts and grants to fund teenage 

15 pregnancy prevention programs and for the Federal costs 

16 of administering and evaluating such contracts and 

17 grants, of which not less than $75,000,000 shall be for 

18 programs that replicate the elements of one or more teen19 age pregnancy prevention programs that have been proven 

20 effective through rigorous evaluation to reduce teenage 

21 pregnancy or reduce behavioral risk factors underlying 

22 teenage pregnancy; of which not less than $25,000,000 

23 shall be available for research and demonstration grants 

24 to develop, replicate, refine, and test additional models and 

25 innovative strategies for preventing teenage pregnancy: 


bajohnson on DSK3CLS3C1PROD with BILLS
63 

HR 3293 RFS 

1 Provided further, that in addition to amounts provided 

2 herein for teenage pregnancy prevention, $4,455,000 shall 

3 be available from amounts under section 241 of the PHS 

4 Act to carry out evaluations (including longitudinal eval5 uations) of teenage pregnancy prevention approaches: Pro6 vided further, That $2,000,000 shall be for a human serv7 ices case management system for Federally-declared disas8 ters, to include a comprehensive national case manage9 ment contract and Federal costs of administering the sys10 tem: Provided further, That up to $2,000,000 shall be for 

11 improving the Public Assistance Reporting Information 

12 System, including grants to States to support data collec13 tion for a study of the system’s effectiveness: Provided fur14 ther, That of the funds appropriated under this heading, 

15 $1,000,000 shall be transferred to the National Commis16 sion on Children and Disasters to carry out title VI of 

17 division G of Public Law 110–161: Provided further, That 

18 $14,819,000 shall be used for the projects, and in the 

19 amounts, specified under the heading ‘‘Children and Fam20 ilies Services Programs’’ in the report of the Committee 

21 on Appropriations of the House of Representatives to ac22 company this Act. 


bajohnson on DSK3CLS3C1PROD with BILLS
64 

HR 3293 RFS 

1 PROMOTING SAFE AND STABLE FAMILIES

2 For carrying out section 436 of the Social Security 

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

4 $63,311,000. 

5 PAYMENTS FOR FOSTER CARE AND PERMANENCY

6 For making payments to States or other non-Federal 

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

8 $5,532,000,000. 

9 For making payments to States or other non-Federal 

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

11 the first quarter of fiscal year 2011, $1,850,000,000. 

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

13 payments to States or other non-Federal entities under 

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

15 the last 3 months of the current fiscal year for unantici16 pated costs, incurred for the current fiscal year, such sums 

17 as may be necessary. 

18 ADMINISTRATION ON AGING

19 AGING SERVICES PROGRAMS

20 For carrying out, to the extent not otherwise pro21 vided, the Older Americans Act of 1965, section 398 and 

22 title XXIX of the Public Health Service Act, and section 

23 119 of the Medicare Improvements for Patients and Pro24 viders Act of 2008, $1,530,881,000, of which $5,500,000 

25 shall be available for activities regarding medication manVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
65 

HR 3293 RFS 

1 agement, screening, and education to prevent incorrect 

2 medication and adverse drug reactions: Provided, That 

3 $5,079,000 shall be used for the projects, and in the 

4 amounts, specified under the heading ‘‘Aging Services 

5 Programs’’ in the report of the Committee on Appropria6 tions of the House of Representatives to accompany this 

7 Act. 

8 OFFICE OF THE SECRETARY

9 GENERAL DEPARTMENTAL MANAGEMENT

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses, not otherwise provided, for 

12 general departmental management, including hire of six 

13 sedans, and for carrying out titles III, IV, XVII, XX, and 

14 XXI of the Public Health Service Act (‘‘PHS Act’’), the 

15 United States-Mexico Border Health Commission Act, and 

16 research studies under section 1110 of the Social Security 

17 Act, $397,601,000 (reduced by $1,000,000), together with 

18 $5,851,000 to be transferred and expended as authorized 

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

20 Federal Hospital Insurance Trust Fund and the Federal 

21 Supplementary Medical Insurance Trust Fund, and 

22 $69,756,000 from the amounts available under section 

23 241 of the PHS Act to carry out national health or human 

24 services research and evaluation activities: Provided, That 

25 of this amount, $53,891,000 shall be for minority AIDS 


bajohnson on DSK3CLS3C1PROD with BILLS
66 

HR 3293 RFS 

1 prevention and treatment activities; $5,789,000 shall be 

2 to assist Afghanistan in the development of maternal and 

3 child health clinics, consistent with section 103(a)(4)(H) 

4 of the Afghanistan Freedom Support Act of 2002; and 

5 $1,000,000 shall be transferred, not later than 30 days 

6 after enactment of this Act, to the National Institute of 

7 Mental Health to administer the Interagency Autism Co8 ordinating Committee: Provided further, That of the funds 

9 made available under this heading for carrying out title 

10 XX of the PHS Act, $13,120,000 shall be for activities 

11 specified under section 2003(b)(2), of which $9,840,000 

12 shall be for programs that replicate the elements of one 

13 or more teenage pregnancy prevention programs that have 

14 been proven effective through rigorous evaluation to re15 duce teenage pregnancy or reduce behavioral risk factors 

16 underlying teenage pregnancy, and of which $3,280,000 

17 shall be for research and demonstration grants to develop, 

18 replicate, refine, and test additional models and innovative 

19 strategies for preventing teen pregnancy, without applica20 tion of the limitation of section 2010(c) of such title XX: 

21 Provided further, That funds provided in this Act for em22 bryo adoption activities may be used to provide, to individ23 uals adopting embryos, through grants and other mecha24 nisms, medical and administrative services deemed nec25 essary for such adoptions: Provided further, That such 


bajohnson on DSK3CLS3C1PROD with BILLS
67 

HR 3293 RFS 

1 services shall be provided consistent with 42 CFR 

2 59.5(a)(4): Provided further, That $700,000 shall be used 

3 for the projects, and in the amounts, specified under the 

4 heading ‘‘General Departmental Management’’ in the re5 port of the Committee on Appropriations of the House of 

6 Representatives to accompany this Act: Provided further, 

7 That specific information requests from the chairmen and 

8 ranking members of the Subcommittees on the Depart9 ments of Labor, Health and Human Services, and Edu10 cation, and Related Agencies, on scientific research or any 

11 other matter, shall be transmitted to the Committees on 

12 Appropriations of the House of Representatives and the 

13 Senate (‘‘Committees on Appropriations’’) in a prompt, 

14 professional manner and within the time frame specified 

15 in the request: Provided further, That scientific informa16 tion, including such information provided in congressional 

17 testimony, requested by the Committees on Appropriations 

18 and prepared by government researchers and scientists 

19 shall be transmitted to the Committees on Appropriations, 

20 uncensored and without delay. 

21 OFFICE OF MEDICARE HEARINGS AND APPEALS

22 For expenses necessary for administrative law judges 

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

25 Act), $71,147,000, to be transferred in appropriate part 


bajohnson on DSK3CLS3C1PROD with BILLS
68 

HR 3293 RFS 

1 from the Federal Hospital Insurance Trust Fund and the 

2 Federal Supplementary Medical Insurance Trust Fund. 

3 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

4 INFORMATION TECHNOLOGY

5 For expenses necessary for the Office of the National 

6 Coordinator for Health Information Technology, including 

7 grants, contracts, and cooperative agreements for the de8 velopment and advancement of interoperable health infor9 mation technology, $61,342,000, which shall be available 

10 from amounts available under section 241 of the Public 

11 Health Service Act. 

12 OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector 

14 General, including the hire of passenger motor vehicles for 

15 investigations, in carrying out the provisions of the Inspec16 tor General Act of 1978, $50,279,000: Provided, That of 

17 such amount, necessary sums shall be available for pro18 viding protective services to the Secretary of Health and 

19 Human Services and investigating non-payment of child 

20 support cases for which non-payment is a Federal offense 

21 under 18 U.S.C. 228: Provided further, That at least forty 

22 percent of the funds provided in this Act for the Office 

23 of Inspector General shall be used only for investigations, 

24 audits, and evaluations pertaining to the discretionary 

25 programs funded in this Act. 


bajohnson on DSK3CLS3C1PROD with BILLS
69 

HR 3293 RFS 

1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil 

3 Rights, $37,785,000, together with not to exceed 

4 $3,314,000 to be transferred and expended as authorized 

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

6 Federal Hospital Insurance Trust Fund and the Federal 

7 Supplementary Medical Insurance Trust Fund. 

8 RETIREMENT PAY AND MEDICAL BENEFITS FOR

9 COMMISSIONED OFFICERS

10 For retirement pay and medical benefits of Public 

11 Health Service Commissioned Officers as authorized by 

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

13 Protection Plan and Survivor Benefit Plan, and for med14 ical care of dependents and retired personnel under the 

15 Dependents’ Medical Care Act, such amounts as may be 

16 required during the current fiscal year. 

17 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

18 FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses necessary to support activities related 

21 to countering potential biological, nuclear, radiological, 

22 chemical, and cybersecurity threats to civilian populations, 

23 and for other public health emergencies and to pay the 

24 costs described in section 319F–2(c)(7)(B) of the Public 

25 Health Service Act (‘‘PHS Act’’), $607,482,000; of which 


bajohnson on DSK3CLS3C1PROD with BILLS
70 

HR 3293 RFS 

1 $35,565,000 shall be to support preparedness and emer2 gency operations, of which $5,000,000 shall remain avail3 able through September 30, 2011; and of which 

4 $10,000,000, to remain available through September 30, 

5 2011, shall be to support the delivery of medical counter6 measures: Provided, That of the amount made available 

7 herein for the delivery of medical countermeasures, up to 

8 $8,000,000 may be transferred to the U.S. Postal Service 

9 to support delivery of medical countermeasures. 

10 For expenses necessary to support advanced research 

11 and development pursuant to section 319L of the PHS 

12 Act, $305,000,000, to be derived by transfer from funds 

13 appropriated under the heading ‘‘Biodefense Counter14 measures’’ in the Department of Homeland Security Ap15 propriations Act, 2004, to remain available through Sep16 tember 30, 2011. 

17 For expenses necessary to prepare for and respond 

18 to an influenza pandemic, $354,167,000, of which 

19 $276,000,000 shall be available until expended, for activi20 ties including the development and purchase of vaccine, 

21 antivirals, necessary medical supplies, diagnostics, and 

22 other surveillance tools: Provided, That products pur23 chased with these funds may, at the discretion of the Sec24 retary of Health and Human Services, be deposited in the 

25 Strategic National Stockpile under section 319F–2(a) of 


bajohnson on DSK3CLS3C1PROD with BILLS
71 

HR 3293 RFS 

1 the PHS Act: Provided further, That notwithstanding sec2 tion 496(b) of the PHS Act, funds may be used for the 

3 construction or renovation of privately owned facilities for 

4 the production of pandemic influenza vaccines and other 

5 biologics, if the Secretary finds such construction or ren6 ovation necessary to secure sufficient supplies of such vac7 cines or biologics: Provided further, That funds appro8 priated herein may be transferred to other appropriation 

9 accounts of the Department of Health and Human Serv10 ices, as determined by the Secretary to be appropriate, to 

11 be used for the purposes specified in this paragraph. 

12 All remaining balances from funds appropriated 

13 under the heading ‘‘Biodefense Countermeasures’’ in the 

14 Department of Homeland Security Appropriations Act, 

15 2004, shall be transferred to this account, and shall re16 main available for obligation through September 30, 2013, 

17 for the procurement of medical countermeasures pursuant 

18 to section 319F–2(c) of the PHS Act: Provided, That 

19 products purchased with these funds shall be deposited in 

20 the Strategic National Stockpile under section 319F–2(a) 

21 of the PHS Act. 

22 For expenses necessary for fit-out and other costs re23 lated to a competitive lease procurement to renovate or 

24 replace the existing headquarters building for Public 

25 Health Service agencies and other components of the DeVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
72 

HR 3293 RFS 

1 partment of Health and Human Services, $70,000,000, to 

2 remain available until expended. 

3 GENERAL PROVISIONS

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

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

6 and representation expenses when specifically approved by 

7 the Secretary of Health and Human Services. 

8 SEC. 202. The Secretary of Health and Human Serv9 ices shall make available through assignment not more 

10 than 60 employees of the Public Health Service to assist 

11 in child survival activities and to work in AIDS programs 

12 through and with funds provided by the Agency for Inter13 national Development, the United Nations International 

14 Children’s Emergency Fund or the World Health Organi15 zation. 

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

17 for the National Institutes of Health, the Agency for 

18 Healthcare Research and Quality, and the Substance 

19 Abuse and Mental Health Services Administration shall 

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

21 or other extramural mechanism, at a rate in excess of Ex22 ecutive Level I. 

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

24 may be expended pursuant to section 241 of the Public 

25 Health Service Act, except for funds specifically provided 


bajohnson on DSK3CLS3C1PROD with BILLS
73 

HR 3293 RFS 

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

2 by any office located in the Department of Health and 

3 Human Services, prior to the preparation and submission 

4 of a report by the Secretary of Health and Human Serv5 ices to the Committees on Appropriations of the House 

6 of Representatives and the Senate detailing the planned 

7 uses of such funds. 

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

9 Public Health Service Act, such portion as the Secretary 

10 of Health and Human Services shall determine, but not 

11 more than 2.4 percent, of any amounts appropriated for 

12 programs authorized under such Act shall be made avail13 able for the evaluation (directly, or by grants or contracts) 

14 of the implementation and effectiveness of such programs. 

15 (TRANSFER OF FUNDS)

16 SEC. 206. Not to exceed 1 percent of any discre17 tionary funds (pursuant to the Balanced Budget and 

18 Emergency Deficit Control Act of 1985) which are appro19 priated for the current fiscal year for the Department of 

20 Health and Human Services in this Act may be trans21 ferred between appropriations, but no such appropriation 

22 shall be increased by more than 3 percent by any such 

23 transfer: Provided, That the transfer authority granted by 

24 this section shall be available only to meet emergency 

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


bajohnson on DSK3CLS3C1PROD with BILLS
74 

HR 3293 RFS 

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

2 provided in this Act: Provided further, That the Commit3 tees on Appropriations of the House of Representatives 

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

5 of any transfer. 

6 (TRANSFER OF FUNDS)

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

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

9 Research, may transfer up to 3 percent among institutes 

10 and centers from the total amounts identified by these two 

11 Directors as funding for research pertaining to the human 

12 immunodeficiency virus: Provided, That the Committees 

13 on Appropriations of the House of Representatives and the 

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

15 transfer. 

16 (TRANSFER OF FUNDS)

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

18 for the National Institutes of Health, the amount for re19 search related to the human immunodeficiency virus, as 

20 jointly determined by the Director of the National Insti21 tutes of Health and the Director of the Office of AIDS 

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

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

24 Research shall transfer from such account amounts necVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
75 

HR 3293 RFS 

1 essary to carry out section 2353(d)(3) of the Public 

2 Health Service Act. 

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

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

5 Public Health Service Act unless the applicant for the 

6 award certifies to the Secretary of Health and Human 

7 Services that it encourages family participation in the de8 cision of minors to seek family planning services and that 

9 it provides counseling to minors on how to resist attempts 

10 to coerce minors into engaging in sexual activities. 

11 SEC. 210. Notwithstanding any other provision of 

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

13 Health Service Act shall be exempt from any State law 

14 requiring notification or the reporting of child abuse, child 

15 molestation, sexual abuse, rape, or incest. 

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

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

18 used to carry out the Medicare Advantage program if the 

19 Secretary of Health and Human Services denies participa20 tion in such program to an otherwise eligible entity (in21 cluding a Provider Sponsored Organization) because the 

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

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

24 Provided, That the Secretary shall make appropriate pro25 spective adjustments to the capitation payment to such an 


bajohnson on DSK3CLS3C1PROD with BILLS
76 

HR 3293 RFS 

1 entity (based on an actuarially sound estimate of the ex2 pected costs of providing the service to such entity’s enroll3 ees): Provided further, That nothing in this section shall 

4 be construed to change the Medicare program’s coverage 

5 for such services and a Medicare Advantage organization 

6 described in this section shall be responsible for informing 

7 enrollees where to obtain information about all Medicare 

8 covered services. 

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

10 none of the funds appropriated for fiscal year 2010 or any 

11 subsequent fiscal year by this or any subsequent appro12 priations Act may be used to withhold substance abuse 

13 funding from a State pursuant to section 1926 of the Pub14 lic Health Service Act (‘‘PHS Act’’) if such State certifies 

15 to the Secretary of Health and Human Services by May 

16 1 of the fiscal year for which the funds are appropriated 

17 that the State will commit additional State funds, in ac18 cordance with subsection (b), to ensure compliance with 

19 State laws prohibiting the sale of tobacco products to indi20 viduals under 18 years of age. 

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

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

23 State’s substance abuse block grant allocation for each 

24 percentage point by which the State misses the retailer 


bajohnson on DSK3CLS3C1PROD with BILLS
77 

HR 3293 RFS 

1 compliance rate goal established by the Secretary under 

2 section 1926 of such Act. 

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

4 such fiscal year for tobacco prevention programs and for 

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

6 level of such expenditures maintained by the State for the 

7 preceding fiscal year, and adding to that level the addi8 tional funds for tobacco compliance activities required 

9 under subsection (a). The State is to submit a report to 

10 the Secretary on all State obligations of funds for such 

11 fiscal year and all State expenditures for the preceding 

12 fiscal year for tobacco prevention and compliance activities 

13 by program activity by July 31 of such fiscal year. 

14 (d) The Secretary shall exercise discretion in enforc15 ing the timing of the State obligation of the additional 

16 funds required by the certification described in subsection 

17 (a) as late as July 31 of such fiscal year. 

18 (e) None of the funds appropriated by this or any 

19 subsequent appropriations Act may be used to withhold 

20 substance abuse funding pursuant to section 1926 of the 

21 PHS Act from a territory that receives less than 

22 $1,000,000. 

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

24 Human Services to carry out international health activi25 ties, including HIV/AIDS and other infectious disease, 


bajohnson on DSK3CLS3C1PROD with BILLS
78 

HR 3293 RFS 

1 chronic and environmental disease, and other health ac2 tivities abroad during fiscal year 2010: 

3 (1) The Secretary of Health and Human Serv4 ices may exercise authority equivalent to that avail5 able to the Secretary of State in section 2(c) of the 

6 State Department Basic Authorities Act of 1956. 

7 The Secretary of Health and Human Services shall 

8 consult with the Secretary of State and relevant 

9 Chief of Mission to ensure that the authority pro10 vided in this section is exercised in a manner con11 sistent with section 207 of the Foreign Service Act 

12 of 1980 and other applicable statutes administered 

13 by the Department of State. 

14 (2) The Secretary of Health and Human Serv15 ices is authorized to provide such funds by advance 

16 or reimbursement to the Secretary of State as may 

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

18 alteration, renovation, and management of facilities 

19 outside of the United States for the use of the De20 partment of Health and Human Services. The De21 partment of State shall cooperate fully with the Sec22 retary of Health and Human Services to ensure that 

23 the Department of Health and Human Services has 

24 secure, safe, functional facilities that comply with 

25 applicable regulation governing location, setback, 


bajohnson on DSK3CLS3C1PROD with BILLS
79 

HR 3293 RFS 

1 and other facilities requirements and serve the pur2 poses established by this Act. The Secretary of 

3 Health and Human Services is authorized, in con4 sultation with the Secretary of State, through grant 

5 or cooperative agreement, to make available to pub6 lic or nonprofit private institutions or agencies in 

7 participating foreign countries, funds to acquire, 

8 lease, alter, or renovate facilities in those countries 

9 as necessary to conduct programs of assistance for 

10 international health activities, including activities re11 lating to HIV/AIDS and other infectious diseases, 

12 chronic and environmental diseases, and other health 

13 activities abroad. 

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

15 other provision of law, the Director of the National Insti16 tutes of Health (‘‘Director’’) may use funds available 

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

18 Health Service Act (‘‘PHS Act’’) to enter into trans19 actions (other than contracts, cooperative agreements, or 

20 grants) to carry out research identified pursuant to such 

21 section 402(b)(7) (pertaining to the Common Fund) or re22 search and activities described in such section 402(b)(12). 

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

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

25 review procedures (including consultation with appropriate 


bajohnson on DSK3CLS3C1PROD with BILLS
80 

HR 3293 RFS 

1 scientific experts) as the Director determines to be appro2 priate to obtain assessments of scientific and technical 

3 merit. Such procedures shall apply to such transactions 

4 in lieu of the peer review and advisory council review pro5 cedures that would otherwise be required under sections 

6 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

7 and 494 of the PHS Act. 

8 SEC. 215. Notwithstanding any other provisions of 

9 law, funds made available under this Act may be used to 

10 continue operating the Council on Graduate Medical Edu11 cation established by section 301 of Public Law 102–408. 

12 SEC. 216. Not to exceed $35,000,000 of funds appro13 priated by this Act to the institutes and centers of the 

14 National Institutes of Health may be used for alteration, 

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

16 proper and efficient conduct of the activities authorized 

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

18 (TRANSFER OF FUNDS)

19 SEC. 217. Of the amounts made available for the Na20 tional Institutes of Health, 1 percent of the amount made 

21 available for National Research Service Awards 

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

23 of the Health Resources and Services Administration to 

24 make NRSA awards for research in primary medical care 

25 to individuals affiliated with entities who have received 


bajohnson on DSK3CLS3C1PROD with BILLS
81 

HR 3293 RFS 

1 grants or contracts under section 747 of the Public Health 

2 Service Act, and 1 percent of the amount made available 

3 for NRSA shall be made available to the Director of the 

4 Agency for Healthcare Research and Quality to make 

5 NRSA awards for health service research. 

6 This title may be cited as the ‘‘Department of Health 

7 and Human Services Appropriations Act, 2010’’. 

8 TITLE III—DEPARTMENT OF EDUCATION 

9 EDUCATION FOR THE DISADVANTAGED

10 For carrying out title I of the Elementary and Sec11 ondary Education Act of 1965 (‘‘ESEA’’) and section 

12 418A of the Higher Education Act of 1965, 

13 $15,938,215,000, of which $4,850,510,000 shall become 

14 available on July 1, 2010, and shall remain available 

15 through September 30, 2011, and of which 

16 $10,841,176,000 shall become available on October 1, 

17 2010, and shall remain available through September 30, 

18 2011, for academic year 2010–2011: Provided, That 

19 $6,597,946,000 shall be for basic grants under section 

20 1124 of the ESEA: Provided further, That up to 

21 $4,000,000 of these funds shall be available to the Sec22 retary of Education on October 1, 2009, to obtain annu23 ally updated local educational-agency-level census poverty 

24 data from the Bureau of the Census: Provided further, 

25 That $1,365,031,000 shall be for concentration grants 


bajohnson on DSK3CLS3C1PROD with BILLS
82 

HR 3293 RFS 

1 under section 1124A of the ESEA: Provided further, That 

2 $3,264,712,000 shall be for targeted grants under section 

3 1125 of the ESEA: Provided further, That 

4 $3,264,712,000 shall be for education finance incentive 

5 grants under section 1125A of the ESEA: Provided fur6 ther, That $9,167,000 shall be to carry out sections 1501 

7 and 1503 of the ESEA: Provided further, That 

8 $545,633,000 shall be available for school improvement 

9 grants under section 1003(g) of the ESEA and, notwith10 standing such section, each State educational agency shall 

11 ensure that not less than 50 percent of its allocation of 

12 funds under this proviso is used for evidence-based read13 ing instruction: Provided further, That State and local 

14 educational agencies may use fiscal year 2009 appropria15 tions, and funds appropriated in this Act, for school im16 provement grants under section 1003(g) of the ESEA for 

17 any school eligible to receive assistance under part A of 

18 title I that has not made adequate yearly progress for at 

19 least two years or is in a State’s lowest quintile of per20 formance based on proficiency rates and, in the case of 

21 secondary schools, priority shall be given to those schools 

22 with graduation rates below 60 percent: Provided further, 

23 That the ESEA title I, part A funds awarded to local edu24 cational agencies under the American Recovery and Rein25 vestment Act of 2009 for fiscal year 2009 shall not be 


bajohnson on DSK3CLS3C1PROD with BILLS
83 

HR 3293 RFS 

1 considered for the purpose of calculating hold-harmless 

2 amounts under subsections 1122(c) and 1125A(g)(3) in 

3 making allocations under title I, part A for fiscal year 

4 2010 and succeeding years. 

5 IMPACT AID

6 For carrying out programs of financial assistance to 

7 federally affected schools authorized by title VIII of the 

8 Elementary and Secondary Education Act of 1965, 

9 $1,290,718,000, of which $1,151,535,000 shall be for 

10 basic support payments under section 8003(b), 

11 $48,602,000 shall be for payments for children with dis12 abilities under section 8003(d), $17,509,000 shall be for 

13 construction under section 8007(a) and shall remain avail14 able through September 30, 2010, $68,208,000 shall be 

15 for Federal property payments under section 8002, and 

16 $4,864,000, to remain available until expended, shall be 

17 for facilities maintenance under section 8008: Provided, 

18 That for purposes of computing the amount of a payment 

19 for an eligible local educational agency under section 

20 8003(a) for school year 2009–2010, children enrolled in 

21 a school of such agency that would otherwise be eligible 

22 for payment under section 8003(a)(1)(B) of such Act, but 

23 due to the deployment of both parents or legal guardians, 

24 or a parent or legal guardian having sole custody of such 

25 children, or due to the death of a military parent or legal 


bajohnson on DSK3CLS3C1PROD with BILLS
84 

HR 3293 RFS 

1 guardian while on active duty (so long as such children 

2 reside on Federal property as described in section 

3 8003(a)(1)(B)), are no longer eligible under such section, 

4 shall be considered as eligible students under such section, 

5 provided such students remain in average daily attendance 

6 at a school in the same local educational agency they at7 tended prior to their change in eligibility status. 

8 SCHOOL IMPROVEMENT PROGRAMS

9 For carrying out school improvement activities au10 thorized by parts A, B, and D of title II, part B of title 

11 IV, subparts 6 and 9 of part D of title V, parts A and 

12 B of title VI, and parts B and C of title VII of the Elemen13 tary and Secondary Education Act of 1965 (‘‘ESEA’’); the 

14 McKinney-Vento Homeless Assistance Act; section 203 of 

15 the Educational Technical Assistance Act of 2002; the 

16 Compact of Free Association Amendments Act of 2003; 

17 and the Civil Rights Act of 1964, $5,239,644,000 (in18 creased by $5,000,000), of which $3,375,993,000 (in19 creased by $5,000,000) shall become available on July 1, 

20 2010, and remain available through September 30, 2011, 

21 and of which $1,681,441,000 shall become available on 

22 October 1, 2010, and shall remain available through Sep23 tember 30, 2011, for academic year 2010–2011: Provided, 

24 That funds made available to carry out part B of title 

25 VII of the ESEA may be used for construction, renovation 


bajohnson on DSK3CLS3C1PROD with BILLS
85 

HR 3293 RFS 

1 and modernization of public elementary schools, public 

2 secondary schools, and structures related to public elemen3 tary schools and secondary schools, if such construction, 

4 renovation, or modernization would support achievement 

5 of the purposes of that part: Provided further, That funds 

6 made available to carry out part C of title VII of the 

7 ESEA may be used for construction: Provided further, 

8 That the Secretary shall implement part C of title VII of 

9 the ESEA without regard to the requirements of section 

10 7304(d)(2): Provided further, That up to 100 percent of 

11 the funds available to a State educational agency under 

12 part D of title II of the ESEA may be used for subgrants 

13 described in section 2412(a)(2)(B) of such Act: Provided 

14 further, That $57,113,000 shall be available to carry out 

15 section 203 of the Educational Technical Assistance Act 

16 of 2002: Provided further, That $26,328,000 shall be 

17 available to carry out part D of title V of the ESEA: Pro18 vided further, That no funds appropriated under this head19 ing may be used to carry out section 5494 under the 

20 ESEA: Provided further, That $17,687,000 shall be avail21 able to carry out the Supplemental Education Grants pro22 gram for the Federated States of Micronesia and the Re23 public of the Marshall Islands: Provided further, That up 

24 to 5 percent of these amounts may be reserved by the Fed25 erated States of Micronesia and the Republic of the MarVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
86 

HR 3293 RFS 

1 shall Islands to administer the Supplemental Education 

2 Grants programs and to obtain technical assistance, over3 sight and consultancy services in the administration of 

4 these grants and to reimburse the United States Depart5 ments of Labor, Health and Human Services, and Edu6 cation for such services: Provided further, That 

7 $9,360,000 of the funds available for the Foreign Lan8 guage Assistance Program shall be available for 5-year 

9 grants to local educational agencies that would work in 

10 partnership with one or more institutions of higher edu11 cation to establish or expand articulated programs of 

12 study in languages critical to United States national secu13 rity that will enable successful students to advance from 

14 elementary school through college to achieve a superior 

15 level of proficiency in those languages. 

16 INDIAN EDUCATION

17 For expenses necessary to carry out, to the extent 

18 not otherwise provided, title VII, part A of the Elementary 

19 and Secondary Education Act of 1965, $132,282,000. 

20 INNOVATION AND IMPROVEMENT

21 For carrying out activities authorized by part G of 

22 title I, subpart 5 of part A and parts C and D of title 

23 II, parts B, C, and D of title V, and section 1504 of the 

24 Elementary and Secondary Education Act of 1965 

25 (‘‘ESEA’’), and by part F of title VIII of the Higher EduVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
87 

HR 3293 RFS 

1 cation Act of 1965, $1,353,363,000 (reduced by 

2 $6,000,000): Provided, That $10,649,000 shall be pro3 vided to the National Board for Professional Teaching 

4 Standards to carry out section 2151(c) of the ESEA, in5 cluding $1,000,000 to develop a National Board certifi6 cation for principals of elementary and secondary schools: 

7 Provided further, That from funds for subpart 4, part C 

8 of title II of the ESEA, up to 3 percent shall be available 

9 to the Secretary of Education for technical assistance and 

10 dissemination of information: Provided further, That 

11 $666,530,000 (reduced by $9,000,000) shall be available 

12 to carry out part D of title V of the ESEA: Provided fur13 ther, That $51,732,000 shall be used for the projects, and 

14 in the amounts, specified under the heading ‘‘Innovation 

15 and Improvement’’ in the report of the Committee on Ap16 propriations of the House of Representatives to accom17 pany this Act: Provided further, That $445,864,000 of the 

18 funds for subpart 1 of part D of title V of the ESEA 

19 shall be for competitive grants to local educational agen20 cies, including charter schools that are local educational 

21 agencies, or States, or partnerships of: (1) a local edu22 cational agency, a State, or both; and (2) at least one non23 profit organization to develop and implement performance24 based compensation systems for teachers, principals, and 

25 other personnel in high-need schools: Provided further, 


bajohnson on DSK3CLS3C1PROD with BILLS
88 

HR 3293 RFS 

1 That such performance-based compensation systems must 

2 consider gains in student academic achievement as well 

3 as classroom evaluations conducted multiple times during 

4 each school year among other factors and provide edu5 cators with incentives to take on additional responsibilities 

6 and leadership roles: Provided further, That up to 5 per7 cent of such funds for competitive grants shall be available 

8 for technical assistance, training, peer review of applica9 tions, program outreach and evaluation activities: Pro10 vided further, That from funds for subpart 1 of part D 

11 of title V of the ESEA, up to $10,000,000 shall be avail12 able to carry out activities authorized under section 

13 2151(a) of the ESEA: Provided further, That of the funds 

14 available for section 2151(b), $5,000,000 shall be avail15 able to continue a national school leadership partnership 

16 initiative as described under this heading in the report of 

17 the Committee on Appropriations of the House of Rep18 resentatives to accompany this Act: Provided further, That 

19 of the funds available for part B of title V, the Secretary 

20 shall use up to $21,031,000 to carry out activities under 

21 section 5205(b) and under subpart 2, and shall use not 

22 less than $195,000,000 to carry out other activities au23 thorized under subpart 1: Provided further, That of the 

24 funds available for subpart 1 of part B of title V of the 

25 ESEA, and notwithstanding section 5205(a), the SecVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
89 

HR 3293 RFS 

1 retary may reserve up to $20,000,000 (increased by 

2 $10,000,000) to make multiple awards to charter manage3 ment organizations and other entities for the replication 

4 and expansion of successful charter school models and 

5 may reserve up to $10,000,000 to carry out the activities 

6 described in section 5205(a), including by providing tech7 nical assistance to authorized public chartering agencies 

8 in order to increase the number of high-performing char9 ter schools: Provided further, That each application sub10 mitted pursuant to section 5203(a) shall describe a plan 

11 to monitor and hold accountable authorized public char12 tering agencies through such activities as providing tech13 nical assistance or establishing a professional development 

14 program, which may include planning, training and sys15 tems development for staff of authorized public chartering 

16 agencies to improve the capacity of such agencies in the 

17 State to authorize, monitor, and hold accountable charter 

18 schools: Provided further, That each application submitted 

19 pursuant to section 5203(a) shall contain assurances that 

20 State law, regulations, or other policies require that: (1) 

21 each authorized charter school in the State operate under 

22 a legally binding charter or performance contract between 

23 itself and the school’s authorized public chartering agency 

24 that describes the obligations and responsibilities of the 

25 school and the public chartering agency; conduct annual, 


bajohnson on DSK3CLS3C1PROD with BILLS
90 

HR 3293 RFS 

1 timely, and independent audits of the school’s financial 

2 statements that are filed with the school’s authorized pub3 lic chartering agency; and demonstrate improved student 

4 academic achievement; and (2) authorized public char5 tering agencies use increases in student academic achieve6 ment for all groups of students described in section 

7 1111(b)(2)(C)(v) of the ESEA as the most important fac8 tor when determining to renew or revoke a school’s char9 ter: Provided further, That $6,965,000 of the funds avail10 able to carry out subpart I of part D of title V of the 

11 ESEA shall be used for the Reach Out and Read program. 

12 STATE FISCAL STABILIZATION FUND, RECOVERY ACT

13 For an additional amount for the Innovation Fund 

14 established pursuant to section 14007 of division A of the 

15 American Recovery and Reinvestment Act of 2009, 

16 $3,000,000. 

17 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

18 For carrying out activities authorized by subpart 3 

19 of part C of title II, part A of title IV, and subparts 2 

20 and 10 of part D of title V of the Elementary and Sec21 ondary Education Act of 1965, $395,753,000: Provided, 

22 That $195,041,000 shall be available for subpart 2 of part 

23 A of title IV, of which $2,000,000, to remain available 

24 until expended, shall be for the Project School Emergency 

25 Response to Violence (‘‘Project SERV’’) program to proVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
91 

HR 3293 RFS 

1 vide education-related services to local educational agen2 cies and to institutions of higher education in which the 

3 learning environment has been disrupted due to a violent 

4 or traumatic crisis: Provided further, That $133,000,000 

5 shall be available to carry out part D of title V: Provided 

6 further, That of the funds available to carry out subpart 

7 3 of part C of title II, up to $13,383,000 may be used 

8 to carry out section 2345 and $2,957,000 shall be used 

9 by the Center for Civic Education to implement a com10 prehensive program to improve public knowledge, under11 standing, and support of the Congress and the State legis12 latures. 

13 ENGLISH LANGUAGE ACQUISITION

14 For carrying out part A of title III of the Elementary 

15 and Secondary Education Act of 1965, $760,000,000, 

16 which shall become available on July 1, 2010, and shall 

17 remain available through September 30, 2011, except that 

18 6.5 percent of such amount shall be available on October 

19 1, 2009, and shall remain available through September 30, 

20 2011, to carry out activities under section 3111(c)(1)(C): 

21 Provided, That the Secretary of Education shall use esti22 mates of the American Community Survey child counts 

23 for the most recent 3-year period available to calculate al24 locations under such part. 


bajohnson on DSK3CLS3C1PROD with BILLS
92 

HR 3293 RFS 

1 SPECIAL EDUCATION

2 For carrying out the Individuals with Disabilities 

3 Education Act (‘‘IDEA’’) and the Special Olympics Sport 

4 and Empowerment Act of 2004, $12,579,677,000, of 

5 which $3,726,354,000 shall become available on July 1, 

6 2010, and shall remain available through September 30, 

7 2011, and of which $8,592,383,000 shall become available 

8 on October 1, 2010, and shall remain available through 

9 September 30, 2011, for academic year 2010–2011: Pro10 vided, That $13,250,000 shall be for Recording for the 

11 Blind and Dyslexic, Inc., to support the development, pro12 duction, and circulation of accessible educational mate13 rials: Provided further, That the amount for section 

14 611(b)(2) of the IDEA shall be equal to the lesser of the 

15 amount available for that activity during fiscal year 2009, 

16 increased by the amount of inflation as specified in section 

17 619(d)(2)(B) of the IDEA, or the percentage change in 

18 the funds appropriated under section 611(i) of the IDEA, 

19 but not less than the amount for that activity during fiscal 

20 year 2009: Provided further, That funds made available 

21 for the Special Olympics Sport and Empowerment Act of 

22 2004 may be used to support expenses associated with the 

23 Special Olympics National and World games. 


bajohnson on DSK3CLS3C1PROD with BILLS
93 

HR 3293 RFS 

1 REHABILITATION SERVICES AND DISABILITY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, the Rehabilitation Act of 1973, the Assistive Tech4 nology Act of 1998, and the Helen Keller National Center 

5 Act, $3,504,305,000: Provided, That $2,570,000 shall be 

6 used for the projects, and in the amounts, specified under 

7 the heading ‘‘Rehabilitation Services and Disability Re8 search’’ in the report of the Committee on Appropriations 

9 of the House of Representatives to accompany this Act. 

10 SPECIAL INSTITUTIONS FOR PERSONS WITH

11 DISABILITIES

12 AMERICAN PRINTING HOUSE FOR THE BLIND

13 For carrying out the Act of March 3, 1879, 

14 $22,599,000. 

15 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

16 For the National Technical Institute for the Deaf 

17 under titles I and II of the Education of the Deaf Act 

18 of 1986, $68,437,000, of which $5,400,000 shall be for 

19 construction and shall remain available until expended: 

20 Provided, That from the total amount available, the Insti21 tute may at its discretion use funds for the endowment 

22 program as authorized under section 207 of such Act. 

23 GALLAUDET UNIVERSITY

24 For the Kendall Demonstration Elementary School, 

25 the Model Secondary School for the Deaf, and the partial 


bajohnson on DSK3CLS3C1PROD with BILLS
94 

HR 3293 RFS 

1 support of Gallaudet University under titles I and II of 

2 the Education of the Deaf Act of 1986, $120,000,000, of 

3 which $2,000,000 shall be for construction and shall re4 main available until expended: Provided, That from the 

5 total amount available, the University may at its discre6 tion use funds for the endowment program as authorized 

7 under section 207 of such Act. 

8 CAREER, TECHNICAL, AND ADULT EDUCATION

9 For carrying out, to the extent not otherwise pro10 vided, the Carl D. Perkins Career and Technical Edu11 cation Act of 2006, the Adult Education and Family Lit12 eracy Act (‘‘AEFLA’’), subpart 4 of part D of title V of 

13 the Elementary and Secondary Education Act of 1965 

14 (‘‘ESEA’’) and title VIII–D of the Higher Education 

15 Amendments of 1998, $2,016,447,000, of which 

16 $4,400,000 shall become available on October 1, 2009, 

17 and remain available through September 30, 2011, of 

18 which $1,221,047,000 shall become available on July 1, 

19 2010, and shall remain available through September 30, 

20 2011, and of which $791,000,000 shall become available 

21 on October 1, 2010, and shall remain available through 

22 September 30, 2011: Provided, That in allocating AEFLA 

23 State grants, the Secretary of Education shall first dis24 tribute up to $45,907,000 to those States that, due to ad25 ministrative error, were underpaid for fiscal years 2003 


bajohnson on DSK3CLS3C1PROD with BILLS
95 

HR 3293 RFS 

1 through 2008 in the amounts such States were underpaid: 

2 Provided further, That the Secretary shall not reduce the 

3 allocations for those years to the States that were overpaid 

4 through such error, or take other corrective action with 

5 respect to those overpayments: Provided further, That the 

6 additional funds provided to States to correct the adminis7 trative error shall not be considered in determining the 

8 ‘‘hold harmless’’ amounts under section 211(f) of the 

9 AEFLA for fiscal year 2011 or subsequent fiscal years: 

10 Provided further, That of the amount provided for Adult 

11 Education State Grants, $75,000,000 shall be made avail12 able for integrated English literacy and civics education 

13 services to immigrants and other limited English pro14 ficient populations: Provided further, That of the amount 

15 reserved for integrated English literacy and civics edu16 cation, notwithstanding section 211 of the AEFLA, 65 

17 percent shall be allocated to States based on a State’s ab18 solute need as determined by calculating each State’s 

19 share of a 10-year average of the United States Citizen20 ship and Immigration Services data for immigrants admit21 ted for legal permanent residence for the 10 most recent 

22 years, and 35 percent allocated to States that experienced 

23 growth as measured by the average of the 3 most recent 

24 years for which United States Citizenship and Immigra25 tion Services data for immigrants admitted for legal perVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
96 

HR 3293 RFS 

1 manent residence are available, except that no State shall 

2 be allocated an amount less than $60,000: Provided fur3 ther, That of the amounts made available for AEFLA, 

4 $11,346,000 shall be for national leadership activities 

5 under section 243: Provided further, That $88,000,000 

6 shall be available to support the activities authorized 

7 under subpart 4 of part D of title V of the ESEA, of which 

8 up to 5 percent shall become available on October 1, 2009, 

9 and shall remain available through September 30, 2011, 

10 for evaluation, technical assistance, school networks, peer 

11 review of applications, and program outreach activities, 

12 and of which not less than 95 percent shall become avail13 able on July 1, 2010, and remain available through Sep14 tember 30, 2011, for grants to local educational agencies: 

15 Provided further, That funds made available to local edu16 cational agencies under this subpart shall be used only for 

17 activities related to establishing smaller learning commu18 nities within large high schools or small high schools that 

19 provide alternatives for students enrolled in large high 

20 schools: Provided further, That the Secretary of Education 

21 may use amounts available under this heading for the nec22 essary costs of any closeout of the National Institute for 

23 Literacy. 


bajohnson on DSK3CLS3C1PROD with BILLS
97 

HR 3293 RFS 

1 STUDENT FINANCIAL ASSISTANCE

2 (INCLUDING DEFERRAL OF FUNDS)

3 For carrying out subparts 1, 3, and 4 of part A, part 

4 C and part E of title IV of the Higher Education Act of 

5 1965, $19,634,905,000, which shall remain available 

6 through September 30, 2011. 

7 The maximum Pell Grant for which a student shall 

8 be eligible during award year 2010–2011 shall be $4,860. 

9 Of the funds made available under section 

10 401A(e)(1)(D) of the Higher Education Act of 1965, 

11 $511,000,000 shall not be available until October 1, 2010. 

12 STUDENT AID ADMINISTRATION

13 For Federal administrative expenses to carry out part 

14 D of title I, and subparts 1, 3, 4, and 9 of part A, and 

15 parts B, C, D, and E of title IV of the Higher Education 

16 Act of 1965, $870,402,000, which shall remain available 

17 until expended. 

18 HIGHER EDUCATION

19 For carrying out, to the extent not otherwise pro20 vided, titles II, III, IV, V, VI, and VII of the Higher Edu21 cation Act of 1965 (‘‘HEA’’), section 1543 of the Higher 

22 Education Amendments of 1992, the Mutual Educational 

23 and Cultural Exchange Act of 1961, title VIII of the 

24 Higher Education Amendments of 1998, and section 117 

25 of the Carl D. Perkins Career and Technical Education 


bajohnson on DSK3CLS3C1PROD with BILLS
98 

HR 3293 RFS 

1 Act of 2006, $2,293,882,000 (increased by $1,000,000): 

2 Provided, That $9,687,000, to remain available through 

3 September 30, 2011, shall be available to fund fellowships 

4 for academic year 2011–2012 under subpart 1 of part A 

5 of title VII of the HEA, under the terms and conditions 

6 of such subpart 1: Provided further, That $609,000 shall 

7 be for data collection and evaluation activities for pro8 grams under the HEA, including such activities needed 

9 to comply with the Government Performance and Results 

10 Act of 1993: Provided further, That notwithstanding any 

11 other provision of law, funds made available in this Act 

12 to carry out title VI of the HEA and section 102(b)(6) 

13 of the Mutual Educational and Cultural Exchange Act of 

14 1961 may be used to support visits and study in foreign 

15 countries by individuals who are participating in advanced 

16 foreign language training and international studies in 

17 areas that are vital to United States national security and 

18 who plan to apply their language skills and knowledge of 

19 these countries in the fields of government, the profes20 sions, or international development: Provided further, That 

21 of the funds referred to in the preceding proviso up to 

22 1 percent may be used for program evaluation, national 

23 outreach, and information dissemination activities: Pro24 vided further, That notwithstanding any other provision of 

25 law, a recipient of a multi-year award under section 316 


bajohnson on DSK3CLS3C1PROD with BILLS
99 

HR 3293 RFS 

1 of the HEA, as that section was in effect prior to the date 

2 of enactment of the Higher Education Opportunity Act 

3 (‘‘HEOA’’), that would have otherwise received a continu4 ation award for fiscal year 2010 under that section, shall 

5 receive under section 316, as amended by the HEOA, not 

6 less than the amount that such recipient would have re7 ceived under such a continuation award: Provided further, 

8 That the portion of the funds received under section 316 

9 by a recipient described in the preceding proviso that is 

10 equal to the amount of such continuation award shall be 

11 used in accordance with the terms of such continuation 

12 award: Provided further, That $1,000,000, to remain 

13 available until expended, shall be available to carry out 

14 a scholarship program for the purpose of increasing the 

15 skilled workforce for industrial health and safety occupa16 tions, including mine safety: Provided further, That the 

17 Secretary of Education shall identify these scholarships as 

18 ‘‘Erma Byrd Scholarships’’: Provided further, That such 

19 scholarships shall be awarded without regard to an appli20 cant’s prior work experience, but the Secretary shall, not21 withstanding section 437 of the General Education Provi22 sions Act and 5 U.S.C. 553, by notice in the Federal Reg23 ister, establish the eligibility requirements, service obliga24 tions, payback requirements, and other program require25 ments similar to those specified in section 515 of the FedVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
100 

HR 3293 RFS 

1 eral Mine Safety and Health Act as are necessary to im2 plement such a program: Provided further, That such 

3 scholarship funds may be used to replace a student’s ex4 pected family contribution, but institutions accepting such 

5 scholarship funds may not use these funds to supplant ex6 isting institutional aid: Provided further, That the Sec7 retary shall be authorized to accept contributions for such 

8 scholarships from private sources: Provided further, That 

9 these funds shall be used for scholarships for academic 

10 year 2010–2011 and may be available for scholarships in 

11 academic year 2011–2012: Provided further, That of the 

12 funds available under part B of title VII of the HEA, 

13 $1,000,000 shall be used to implement section 891 of the 

14 HEA: Provided further, That $68,247,000 shall be used 

15 for the projects, and in the amounts, specified under the 

16 heading ‘‘Higher Education’’ in the report of the Com17 mittee on Appropriations of the House of Representatives 

18 to accompany this Act. 

19 HOWARD UNIVERSITY

20 For partial support of Howard University, 

21 $234,977,000, of which not less than $3,600,000 shall be 

22 for a matching endowment grant pursuant to the Howard 

23 University Endowment Act and shall remain available 

24 until expended. 


bajohnson on DSK3CLS3C1PROD with BILLS
101 

HR 3293 RFS 

1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

3 For Federal administrative expenses to carry out ac4 tivities related to existing facility loans pursuant to section 

5 121 of the Higher Education Act of 1965, $461,000. 

6 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

7 CAPITAL FINANCING PROGRAM ACCOUNT

8 For the cost of guaranteed loans, $20,228,000, as au9 thorized pursuant to part D of title III of the Higher Edu10 cation Act of 1965 (‘‘HEA’’): Provided, That such costs, 

11 including the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of 

13 1974: Provided further, That these funds are available to 

14 subsidize total loan principal, any part of which is to be 

15 guaranteed, not to exceed $178,221,000. 

16 In addition, for administrative expenses to carry out 

17 the Historically Black College and University Capital Fi18 nancing Program entered into pursuant to part D of title 

19 III of the HEA, $354,000. 

20 INSTITUTE OF EDUCATION SCIENCES

21 For carrying out activities authorized by the Edu22 cation Sciences Reform Act of 2002, the National Assess23 ment of Educational Progress Authorization Act, section 

24 208 of the Educational Technical Assistance Act of 2002, 

25 and section 664 of the Individuals with Disabilities EduVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
102 

HR 3293 RFS 

1 cation Act, $664,256,000, of which $593,606,000 shall be 

2 available through September 30, 2011: Provided, That 

3 funds available to carry out section 208 of the Educational 

4 Technical Assistance Act may be used for Statewide data 

5 systems that include postsecondary and workforce infor6 mation and information on children of all ages: Provided 

7 further, That up to $10,000,000 of the funds available to 

8 carry out section 208 of the Educational Technical Assist9 ance Act may be used for State data coordinators and for 

10 awards to public or private organizations or agencies to 

11 improve data coordination, quality, and use. 

12 DEPARTMENTAL MANAGEMENT

13 PROGRAM ADMINISTRATION

14 For carrying out, to the extent not otherwise pro15 vided, the Department of Education Organization Act, in16 cluding rental of conference rooms in the District of Co17 lumbia and hire of three passenger motor vehicles, 

18 $452,200,000, of which $8,200,000, to remain available 

19 until expended, shall be for relocation of, and renovation 

20 of buildings occupied by, Department staff. 

21 OFFICE FOR CIVIL RIGHTS

22 For expenses necessary for the Office for Civil 

23 Rights, as authorized by section 203 of the Department 

24 of Education Organization Act, $103,024,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
103 

HR 3293 RFS 

1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector 

3 General, as authorized by section 212 of the Department 

4 of Education Organization Act, $60,053,000. 

5 GENERAL PROVISIONS

6 SEC. 301. No funds appropriated in this Act may be 

7 used for the transportation of students or teachers (or for 

8 the purchase of equipment for such transportation) in 

9 order to overcome racial imbalance in any school or school 

10 system, or for the transportation of students or teachers 

11 (or for the purchase of equipment for such transportation) 

12 in order to carry out a plan of racial desegregation of any 

13 school or school system. 

14 SEC. 302. None of the funds contained in this Act 

15 shall be used to require, directly or indirectly, the trans16 portation of any student to a school other than the school 

17 which is nearest the student’s home, except for a student 

18 requiring special education, to the school offering such 

19 special education, in order to comply with title VI of the 

20 Civil Rights Act of 1964. For the purpose of this section 

21 an indirect requirement of transportation of students in22 cludes the transportation of students to carry out a plan 

23 involving the reorganization of the grade structure of 

24 schools, the pairing of schools, or the clustering of schools, 

25 or any combination of grade restructuring, pairing or clusVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
104 

HR 3293 RFS 

1 tering. The prohibition described in this section does not 

2 include the establishment of magnet schools. 

3 SEC. 303. No funds appropriated in this Act may be 

4 used to prevent the implementation of programs of vol5 untary prayer and meditation in the public schools. 

6 (TRANSFER OF FUNDS)

7 SEC. 304. Not to exceed 1 percent of any discre8 tionary funds (pursuant to the Balanced Budget and 

9 Emergency Deficit Control Act of 1985) which are appro10 priated for the Department of Education in this Act may 

11 be transferred between appropriations, but no such appro12 priation shall be increased by more than 3 percent by any 

13 such transfer: Provided, That the transfer authority 

14 granted by this section shall be available only to meet 

15 emergency needs and shall not be used to create any new 

16 program or to fund any project or activity for which no 

17 funds are provided in this Act: Provided further, That the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate are notified at least 15 days in ad20 vance of any transfer. 

21 SEC. 305. The Outlying Areas may consolidate funds 

22 received under this Act, pursuant to 48 U.S.C. 1469a, 

23 under part A of title V of the Elementary and Secondary 

24 Education Act. 


bajohnson on DSK3CLS3C1PROD with BILLS
105 

HR 3293 RFS 

1 SEC. 306. None of the funds made available in the 

2 fifth proviso under the heading ‘‘Innovation and Improve3 ment’’ in this Act shall be made available for new awards 

4 under the Teacher Incentive Fund prior to the submission 

5 of an impact evaluation plan to the Committees on Appro6 priations of the House of Representatives and the Senate. 

7 SEC. 307. Section 14007 of division A of the Amer8 ican Recovery and Reinvestment Act of 2009 is amend9 ed— 

10 (1) by amending subsection (a)(3) to read as 

11 follows: 

12 ‘‘(3) PURPOSE OF AWARDS.—The Secretary 

13 shall make awards to eligible entities in order to 

14 identify, document, and bring to scale innovative 

15 best practices based on demonstrated success, to 

16 allow such eligible entities to— 

17 ‘‘(A) expand their work and serve as mod18 els for best practices; and 

19 ‘‘(B) work in partnership with the private 

20 sector and the philanthropic community.’’; 

21 (2) in subsection (b)— 

22 (A) by redesignating paragraphs (1) 

23 through (4) as paragraphs (1)(A), (1)(B), (2), 

24 and (3), respectively; 


bajohnson on DSK3CLS3C1PROD with BILLS
106 

HR 3293 RFS 

1 (B) in paragraph (1)(A), as so redesig2 nated, by inserting ‘‘or’’ after the semicolon; 

3 (C) by amending paragraph (1)(B), as so 

4 redesignated, to read as follows: 

5 ‘‘(B) have demonstrated success in significantly 

6 increasing student academic achievement for all 

7 groups of students described in such section;’’; and 

8 (D) in paragraph (3), as so redesignated, 

9 by striking ‘‘they have established partner10 ships’’ and inserting ‘‘it has established one or 

11 more partnerships’’; 

12 (3) in subsection (c), by striking ‘‘paragraphs’’ 

13 and all that follows through ‘‘such requirements’’ 

14 and inserting ‘‘paragraphs (1)(A) or (1)(B) and (2) 

15 of subsection (b) if the nonprofit organization has a 

16 record of significantly improving student achieve17 ment, attainment, or retention and shall be consid18 ered to have met the requirements of subsection 

19 (b)(3) if it demonstrates that it will meet the re20 quirement relating to private-sector matching’’; and 

21 (4) by adding at the end a new subsection (d) 

22 to read as follows: 

23 ‘‘(d) SUBGRANTS.—In the case of an eligible entity 

24 that is a partnership described in subsection (a)(1)(B), the 


bajohnson on DSK3CLS3C1PROD with BILLS
107 

HR 3293 RFS 

1 partner serving as the fiscal agent may make subgrants 

2 to one or more of the other entities in the partnership.’’. 

3 This title may be cited as the ‘‘Department of Edu4 cation Appropriations Act, 2010’’. 

5 TITLE IV—RELATED AGENCIES 

6 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

7 BLIND OR SEVERELY DISABLED

8 SALARIES AND EXPENSES

9 For expenses necessary for the Committee for Pur10 chase From People Who Are Blind or Severely Disabled 

11 established by Public Law 92–28, $5,396,000. 

12 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

13 OPERATING EXPENSES

14 For necessary expenses for the Corporation for Na15 tional and Community Service (‘‘the Corporation’’) to 

16 carry out the Domestic Volunteer Service Act of 1973 

17 (‘‘1973 Act’’) and the National and Community Service 

18 Act of 1990 (‘‘1990 Act’’), $792,179,000, of which 

19 $318,832,000 shall be to carry out the 1973 Act and 

20 $473,347,000 shall be to carry out the 1990 Act and not21 withstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), 

22 and 501(a)(4)(F) of the 1990 Act: Provided, That of the 

23 amounts provided under this heading: (1) up to 1 percent 

24 of program grant funds may be used to defray the costs 

25 of conducting grant application reviews, including the use 


bajohnson on DSK3CLS3C1PROD with BILLS
108 

HR 3293 RFS 

1 of outside peer reviewers and electronic management of 

2 the grants cycle; (2) $35,000,000 shall be available for 

3 expenses authorized under section 501(a)(4)(E) of the 

4 1990 Act; (3) $7,500,000 shall be available for expenses 

5 to carry out sections 112(e), 179A, and 198O and subtitle 

6 J of title I of the 1990 Act, notwithstanding section 

7 501(a)(6) of the 1990 Act; (4) $5,000,000 shall be avail8 able for grants to public or private nonprofit institutions 

9 to increase the participation of individuals with disabilities 

10 in national service and for demonstration activities in fur11 therance of this purpose, notwithstanding section 

12 129(k)(1) of the 1990 Act; and (5) $17,000,000 shall be 

13 available to provide assistance to State commissions on na14 tional and community service, under section 126(a) of the 

15 1990 Act and notwithstanding section 501(a)(5)(B) of the 

16 1990 Act. 

17 NATIONAL SERVICE TRUST

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for the National Service 

20 Trust established under subtitle D of title I of the Na21 tional and Community Service Act of 1990 (‘‘1990 Act’’), 

22 $178,214,000, to remain available until expended: Pro23 vided, That the Corporation for National and Community 

24 Service may transfer additional funds from the amount 

25 provided within ‘‘Operating Expenses’’ allocated to grants 


bajohnson on DSK3CLS3C1PROD with BILLS
109 

HR 3293 RFS 

1 under subtitle C of title I of the 1990 Act to the National 

2 Service Trust upon determination that such transfer is 

3 necessary to support the activities of national service par4 ticipants and after notice is transmitted to the Committees 

5 on Appropriations of the House of Representatives and the 

6 Senate: Provided further, That amounts appropriated for 

7 or transferred to the National Service Trust may be in8 vested under section 145(b) of the 1990 Act without re9 gard to the requirement to apportion funds under 31 

10 U.S.C. 1513(b). 

11 SALARIES AND EXPENSES

12 For necessary expenses of administration as provided 

13 under section 501(a)(5) of the National and Community 

14 Service Act of 1990 and under section 504(a) of the Do15 mestic Volunteer Service Act of 1973, including payment 

16 of salaries, authorized travel, hire of passenger motor vehi17 cles, the rental of conference rooms in the District of Co18 lumbia, the employment of experts and consultants au19 thorized under 5 U.S.C. 3109, and not to exceed $2,500 

20 for official reception and representation expenses, 

21 $80,923,000. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the Inspector General Act of 1978, 

25 $7,700,000. 


bajohnson on DSK3CLS3C1PROD with BILLS
110 

HR 3293 RFS 

1 ADMINISTRATIVE PROVISIONS

2 SEC. 401. The Corporation for National and Commu3 nity Service (‘‘the Corporation’’) shall make any signifi4 cant changes to program requirements, service delivery or 

5 policy only through public notice and comment rule6 making. For fiscal year 2010, during any grant selection 

7 process, an officer or employee of the Corporation shall 

8 not knowingly disclose any covered grant selection infor9 mation regarding such selection, directly or indirectly, to 

10 any person other than an officer or employee of the Cor11 poration that is authorized by the Corporation to receive 

12 such information. 

13 SEC. 402. AmeriCorps programs receiving grants 

14 under the National Service Trust program shall meet an 

15 overall minimum share requirement of 24 percent for the 

16 first three years that they receive AmeriCorps funding, 

17 and thereafter shall meet the overall minimum share re18 quirement as provided in section 2521.60 of title 45, Code 

19 of Federal Regulations, without regard to the operating 

20 costs match requirement in section 121(e) or the member 

21 support Federal share limitations in section 140 of the 

22 National and Community Service Act of 1990, and subject 

23 to partial waiver consistent with section 2521.70 of title 

24 45, Code of Federal Regulations. 


bajohnson on DSK3CLS3C1PROD with BILLS
111 

HR 3293 RFS 

1 SEC. 403. Donations made to the Corporation for Na2 tional and Community Service under section 196 of the 

3 National and Community Service Act of 1990 (‘‘1990 

4 Act’’) for the purposes of financing programs and oper5 ations under titles I and II of the 1973 Act or subtitle 

6 B, C, D, or E of title I of the 1990 Act shall be used 

7 to supplement and not supplant current programs and op8 erations. 

9 CORPORATION FOR PUBLIC BROADCASTING

10 For payment to the Corporation for Public Broad11 casting (‘‘Corporation’’), as authorized by the Commu12 nications Act of 1934, an amount which shall be available 

13 within limitations specified by that Act, for the fiscal year 

14 2012, $440,000,000: Provided, That none of the funds 

15 made available to the Corporation by this Act shall be used 

16 to pay for receptions, parties, or similar forms of enter17 tainment for Government officials or employees: Provided 

18 further, That none of the funds made available to the Cor19 poration by this Act shall be available or used to aid or 

20 support any program or activity from which any person 

21 is excluded, or is denied benefits, or is discriminated 

22 against, on the basis of race, color, national origin, reli23 gion, or sex: Provided further, That none of the funds 

24 made available to the Corporation by this Act shall be used 

25 to apply any political test or qualification in selecting, apVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
112 

HR 3293 RFS 

1 pointing, promoting, or taking any other personnel action 

2 with respect to officers, agents, and employees of the Cor3 poration: Provided further, That none of the funds made 

4 available to the Corporation by this Act shall be used to 

5 support the Television Future Fund or any similar pur6 pose. In addition, for payment to the Corporation for fiscal 

7 year 2010, $76,000,000 as follows: 

8 (1) $40,000,000 shall be for fiscal stabilization 

9 grants to public radio and television licensees, with 

10 no deduction for administrative or other costs of the 

11 Corporation, to maintain local programming and 

12 services and preserve jobs threatened by declines in 

13 non-Federal revenues due to the downturn in the 

14 economy, to be awarded no later than 45 days after 

15 enactment of this Act. 

16 (2) $36,000,000 shall be for costs related to 

17 digital program production, development, and dis18 tribution, associated with the transition of public 

19 broadcasting to digital broadcasting, to be awarded 

20 as determined by the Corporation in consultation 

21 with public radio and television licensees or permit22 tees, or their designated representatives. 

23 In addition, for fiscal year 2010, $25,000,000 is 

24 available pursuant to section 396(k)(10) of the CommuVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
113 

HR 3293 RFS 

1 nications Act of 1934 for replacement and upgrade of the 

2 public radio interconnection system. 

3 FEDERAL MEDIATION AND CONCILIATION SERVICE

4 SALARIES AND EXPENSES

5 For expenses necessary for the Federal Mediation 

6 and Conciliation Service (‘‘Service’’) to carry out the func7 tions vested in it by the Labor Management Relations Act, 

8 1947, including hire of passenger motor vehicles; for ex9 penses necessary for the Labor-Management Cooperation 

10 Act of 1978; and for expenses necessary for the Service 

11 to carry out the functions vested in it by the Civil Service 

12 Reform Act, $47,000,000, including $650,000 to remain 

13 available through September 30, 2011, for activities au14 thorized by the Labor-Management Cooperation Act of 

15 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

16 fees charged, up to full-cost recovery, for special training 

17 activities and other conflict resolution services and tech18 nical assistance, including those provided to foreign gov19 ernments and international organizations, and for arbitra20 tion services shall be credited to and merged with this ac21 count, and shall remain available until expended: Provided 

22 further, That fees for arbitration services shall be available 

23 only for education, training, and professional development 

24 of the agency workforce: Provided further, That the Direc25 tor of the Service is authorized to accept and use on behalf 


bajohnson on DSK3CLS3C1PROD with BILLS
114 

HR 3293 RFS 

1 of the United States gifts of services and real, personal, 

2 or other property in the aid of any projects or functions 

3 within the Director’s jurisdiction. 

4 FEDERAL MINE SAFETY AND HEALTH REVIEW

5 COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary for the Federal Mine Safety 

8 and Health Review Commission, $9,858,000. 

9 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

10 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

11 AND ADMINISTRATION

12 For carrying out the Museum and Library Services 

13 Act of 1996 and the National Museum of African Amer14 ican History and Culture Act, $275,688,000, of which 

15 $10,132,000 shall be used for the projects, and in the 

16 amounts, specified under the heading ‘‘Office of Museum 

17 and Library Services: Grants and Administration’’ in the 

18 report of the Committee on Appropriations of the House 

19 of Representatives accompanying this Act. 

20 MEDICARE PAYMENT ADVISORY COMMISSION

21 SALARIES AND EXPENSES

22 For expenses necessary to carry out section 1805 of 

23 the Social Security Act, $11,800,000, to be transferred to 

24 this appropriation from the Federal Hospital Insurance 


bajohnson on DSK3CLS3C1PROD with BILLS
115 

HR 3293 RFS 

1 Trust Fund and the Federal Supplementary Medical In2 surance Trust Fund. 

3 NATIONAL COUNCIL ON DISABILITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the National Council on 

6 Disability as authorized by title IV of the Rehabilitation 

7 Act of 1973, $3,271,000. 

8 NATIONAL LABOR RELATIONS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Labor Rela11 tions Board to carry out the functions vested in it by the 

12 Labor-Management Relations Act, 1947, and other laws, 

13 $283,400,000: Provided, That no part of this appropria14 tion shall be available to organize or assist in organizing 

15 agricultural laborers or used in connection with investiga16 tions, hearings, directives, or orders concerning bargaining 

17 units composed of agricultural laborers as referred to in 

18 section 2(3) of the Act of July 5, 1935, and as amended 

19 by the Labor-Management Relations Act, 1947, and as de20 fined in section 3(f) of the Act of June 25, 1938, and 

21 including in said definition employees engaged in the 

22 maintenance and operation of ditches, canals, reservoirs, 

23 and waterways when maintained or operated on a mutual, 

24 nonprofit basis and at least 95 percent of the water stored 

25 or supplied thereby is used for farming purposes. 


bajohnson on DSK3CLS3C1PROD with BILLS
116 

HR 3293 RFS 

1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions 

4 of the Railway Labor Act, including emergency boards ap5 pointed by the President, $12,992,000. 

6 OCCUPATIONAL SAFETY AND HEALTH REVIEW

7 COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Occupational Safety 

10 and Health Review Commission, $11,712,000. 

11 RAILROAD RETIREMENT BOARD

12 DUAL BENEFITS PAYMENTS ACCOUNT

13 For payment to the Dual Benefits Payments Ac14 count, authorized under section 15(d) of the Railroad Re15 tirement Act of 1974, $64,000,000, which shall include 

16 amounts becoming available in fiscal year 2010 pursuant 

17 to section 224(c)(1)(B) of Public Law 98–76; and in addi18 tion, an amount, not to exceed 2 percent of the amount 

19 provided herein, shall be available proportional to the 

20 amount by which the product of recipients and the average 

21 benefit received exceeds the amount available for payment 

22 of vested dual benefits: Provided, That the total amount 

23 provided herein shall be credited in 12 approximately 

24 equal amounts on the first day of each month in the fiscal 

25 year. 


bajohnson on DSK3CLS3C1PROD with BILLS
117 

HR 3293 RFS 

1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the 

4 Treasury for the payment of benefits under the Railroad 

5 Retirement Act for interest earned on unnegotiated 

6 checks, $150,000, to remain available through September 

7 30, 2011, which shall be the maximum amount available 

8 for payment pursuant to section 417 of Public Law 98– 

9 76. 

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement 

12 Board (‘‘Board’’) for administration of the Railroad Re13 tirement Act and the Railroad Unemployment Insurance 

14 Act, $109,073,000, to be derived in such amounts as de15 termined by the Board from the railroad retirement ac16 counts and from moneys credited to the railroad unem17 ployment insurance administration fund. 

18 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General (‘‘Office’’) for audit, investigatory and review ac21 tivities, as authorized by the Inspector General Act of 

22 1978, not more than $8,186,000, to be derived from the 

23 railroad retirement accounts and railroad unemployment 

24 insurance account: Provided, That none of the funds made 

25 available in any other paragraph of this Act may be transVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
118 

HR 3293 RFS 

1 ferred to the Office; used to carry out any such transfer; 

2 used to provide any office space, equipment, office sup3 plies, communications facilities or services, maintenance 

4 services, or administrative services for the Office; used to 

5 pay any salary, benefit, or award for any personnel of the 

6 Office; used to pay any other operating expense of the Of7 fice; or used to reimburse the Office for any service pro8 vided, or expense incurred, by the Office, except as per9 mitted pursuant to the last proviso under this heading in 

10 division G of the Consolidated Appropriations Act, 2008. 

11 SOCIAL SECURITY ADMINISTRATION

12 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

13 For payment to the Federal Old-Age and Survivors 

14 Insurance Trust Fund and the Federal Disability Insur15 ance Trust Fund, as provided under sections 201(m), 

16 228(g), and 1131(b)(2) of the Social Security Act, 

17 $20,404,000. 

18 SUPPLEMENTAL SECURITY INCOME PROGRAM

19 For carrying out titles XI and XVI of the Social Se20 curity Act, section 401 of Public Law 92–603, section 212 

21 of Public Law 93–66, as amended, and section 405 of 

22 Public Law 95–216, including payment to the Social Secu23 rity trust funds for administrative expenses incurred pur24 suant to section 201(g)(1) of the Social Security Act, 

25 $34,742,000,000, to remain available until expended: ProVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
119 

HR 3293 RFS 

1 vided, That any portion of the funds provided to a State 

2 in the current fiscal year and not obligated by the State 

3 during that year shall be returned to the Treasury. 

4 For making, after June 15 of the current fiscal year, 

5 benefit payments to individuals under title XVI of the So6 cial Security Act, for unanticipated costs incurred for the 

7 current fiscal year, such sums as may be necessary. 

8 For making benefit payments under title XVI of the 

9 Social Security Act for the first quarter of fiscal year 

10 2011, $16,000,000,000, to remain available until ex11 pended. 

12 LIMITATION ON ADMINISTRATIVE EXPENSES

13 For necessary expenses, including the hire of two pas14 senger motor vehicles, and not to exceed $40,000 for offi15 cial reception and representation expenses, not more than 

16 $10,800,500,000 may be expended, as authorized by sec17 tion 201(g)(1) of the Social Security Act, from any one 

18 or all of the trust funds referred to therein: Provided, That 

19 not less than $2,300,000 shall be for the Social Security 

20 Advisory Board: Provided further, That unobligated bal21 ances of funds provided under this paragraph at the end 

22 of fiscal year 2010 not needed for fiscal year 2010 shall 

23 remain available until expended to invest in the Social Se24 curity Administration information technology and tele25 communications hardware and software infrastructure, inVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
120 

HR 3293 RFS 

1 cluding related equipment and non-payroll administrative 

2 expenses associated solely with this information technology 

3 and telecommunications infrastructure: Provided further, 

4 That reimbursement to the trust funds under this heading 

5 for expenditures for official time for employees of the So6 cial Security Administration pursuant to 5 U.S.C. 7131, 

7 and for facilities or support services for labor organiza8 tions pursuant to policies, regulations, or procedures re9 ferred to in section 7135(b) of such title shall be made 

10 by the Secretary of the Treasury, with interest, from 

11 amounts in the general fund not otherwise appropriated, 

12 as soon as possible after such expenditures are made. 

13 From funds provided under the first paragraph, not 

14 less than $273,000,000 shall be available for the cost asso15 ciated with conducting continuing disability reviews under 

16 titles II and XVI of the Social Security Act and for the 

17 cost associated with conducting redeterminations of eligi18 bility under title XVI of the Social Security Act. 

19 In addition to the amounts made available above, and 

20 subject to the same terms and conditions, $485,000,000, 

21 for additional continuing disability reviews and redeter22 minations of eligibility, of which, upon a determination by 

23 the Office of the Chief Actuary that such initiative would 

24 be at least as cost effective as redeterminations of eligi25 bility, up to $34,000,000 shall be available for one or more 


bajohnson on DSK3CLS3C1PROD with BILLS
121 

HR 3293 RFS 

1 initiatives to improve asset verification: Provided, That the 

2 Commissioner shall provide to the Congress (at the conclu3 sion of the fiscal year) a report on the obligation and ex4 penditure of these additional amounts, similar to the re5 ports that were required by section 103(d)(2) of Public 

6 Law 104–121 for fiscal years 1996 through 2002. 

7 In addition, $160,000,000 to be derived from admin8 istration fees in excess of $5.00 per supplementary pay9 ment collected pursuant to section 1616(d) of the Social 

10 Security Act or section 212(b)(3) of Public Law 93–66, 

11 which shall remain available until expended. To the extent 

12 that the amounts collected pursuant to such sections in 

13 fiscal year 2010 exceed $160,000,000, the amounts shall 

14 be available in fiscal year 2011 only to the extent provided 

15 in advance in appropriations Acts. 

16 In addition, up to $1,000,000 to be derived from fees 

17 collected pursuant to section 303(c) of the Social Security 

18 Protection Act, which shall remain available until ex19 pended. 

20 OFFICE OF INSPECTOR GENERAL

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses necessary for the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, $29,000,000, together with not to 

25 exceed $73,682,000, to be transferred and expended as 


bajohnson on DSK3CLS3C1PROD with BILLS
122 

HR 3293 RFS 

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

2 from the Federal Old-Age and Survivors Insurance Trust 

3 Fund and the Federal Disability Insurance Trust Fund. 

4 In addition, an amount not to exceed 3 percent of 

5 the total provided in this appropriation may be transferred 

6 from the ‘‘Limitation on Administrative Expenses’’, Social 

7 Security Administration, to be merged with this account, 

8 to be available for the time and purposes for which this 

9 account is available: Provided, That notice of such trans10 fers shall be transmitted promptly to the Committees on 

11 Appropriations of the House of Representatives and the 

12 Senate. 

13 TITLE V—GENERAL PROVISIONS 

14 (TRANSFER OF FUNDS)

15 SEC. 501. The Secretaries of Labor, Health and 

16 Human Services, and Education are authorized to transfer 

17 unexpended balances of prior appropriations to accounts 

18 corresponding to current appropriations provided in this 

19 Act. Such transferred balances shall be used for the same 

20 purpose, and for the same periods of time, for which they 

21 were originally appropriated. 

22 SEC. 502. No part of any appropriation contained in 

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 


bajohnson on DSK3CLS3C1PROD with BILLS
123 

HR 3293 RFS 

1 SEC. 503. (a) No part of any appropriation contained 

2 in this Act shall be used, other than for normal and recog3 nized executive-legislative relationships, for publicity or 

4 propaganda purposes, for the preparation, distribution, or 

5 use of any kit, pamphlet, booklet, publication, radio, tele6 vision, or video presentation designed to support or defeat 

7 legislation pending before the Congress or any State legis8 lature, except in presentation to the Congress or any State 

9 legislature itself. 

10 (b) No part of any appropriation contained in this 

11 Act shall be used to pay the salary or expenses of any 

12 grant or contract recipient, or agent acting for such recipi13 ent, related to any activity designed to influence legislation 

14 or appropriations pending before the Congress or any 

15 State legislature. 

16 SEC. 504. The Secretaries of Labor and Education 

17 are authorized to make available not to exceed $28,000 

18 and $20,000, respectively, from funds available for sala19 ries and expenses under titles I and III, respectively, for 

20 official reception and representation expenses; the Direc21 tor of the Federal Mediation and Conciliation Service is 

22 authorized to make available for official reception and rep23 resentation expenses not to exceed $5,000 from the funds 

24 available for ‘‘Federal Mediation and Conciliation Service, 

25 Salaries and Expenses’’; and the Chairman of the NaVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
124 

HR 3293 RFS 

1 tional Mediation Board is authorized to make available for 

2 official reception and representation expenses not to ex3 ceed $5,000 from funds available for ‘‘National Mediation 

4 Board, Salaries and Expenses’’. 

5 SEC. 505. When issuing statements, press releases, 

6 requests for proposals, bid solicitations and other docu7 ments describing projects or programs funded in whole or 

8 in part with Federal money, all grantees receiving Federal 

9 funds included in this Act, including but not limited to 

10 State and local governments and recipients of Federal re11 search grants, shall clearly state— 

12 (1) the percentage of the total costs of the pro13 gram or project which will be financed with Federal 

14 money; 

15 (2) the dollar amount of Federal funds for the 

16 project or program; and 

17 (3) percentage and dollar amount of the total 

18 costs of the project or program that will be financed 

19 by non-governmental sources. 

20 SEC. 506. (a) None of the funds appropriated in this 

21 Act, and none of the funds in any trust fund to which 

22 funds are appropriated in this Act, shall be expended for 

23 any abortion. 

24 (b) None of the funds appropriated in this Act, and 

25 none of the funds in any trust fund to which funds are 


bajohnson on DSK3CLS3C1PROD with BILLS
125 

HR 3293 RFS 

1 appropriated in this Act, shall be expended for health ben2 efits coverage that includes coverage of abortion. 

3 (c) The term ‘‘health benefits coverage’’ means the 

4 package of services covered by a managed care provider 

5 or organization pursuant to a contract or other arrange6 ment. 

7 SEC. 507. (a) The limitations established in the pre8 ceding section shall not apply to an abortion— 

9 (1) if the pregnancy is the result of an act of 

10 rape or incest; or 

11 (2) in the case where a woman suffers from a 

12 physical disorder, physical injury, or physical illness, 

13 including a life-endangering physical condition 

14 caused by or arising from the pregnancy itself, that 

15 would, as certified by a physician, place the woman 

16 in danger of death unless an abortion is performed. 

17 (b) Nothing in the preceding section shall be con18 strued as prohibiting the expenditure by a State, locality, 

19 entity, or private person of State, local, or private funds 

20 (other than a State’s or locality’s contribution of Medicaid 

21 matching funds). 

22 (c) Nothing in the preceding section shall be con23 strued as restricting the ability of any managed care pro24 vider from offering abortion coverage or the ability of a 

25 State or locality to contract separately with such a proVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
126 

HR 3293 RFS 

1 vider for such coverage with State funds (other than a 

2 State’s or locality’s contribution of Medicaid matching 

3 funds). 

4 (d)(1) None of the funds made available in this Act 

5 may be made available to a Federal agency or program, 

6 or to a State or local government, if such agency, program, 

7 or government subjects any institutional or individual 

8 health care entity to discrimination on the basis that the 

9 health care entity does not provide, pay for, provide cov10 erage of, or refer for abortions. 

11 (2) In this subsection, the term ‘‘health care entity’’ 

12 includes an individual physician or other health care pro13 fessional, a hospital, a provider-sponsored organization, a 

14 health maintenance organization, a health insurance plan, 

15 or any other kind of health care facility, organization, or 

16 plan. 

17 SEC. 508. (a) None of the funds made available in 

18 this Act may be used for— 

19 (1) the creation of a human embryo or embryos 

20 for research purposes; or 

21 (2) research in which a human embryo or em22 bryos are destroyed, discarded, or knowingly sub23 jected to risk of injury or death greater than that 

24 allowed for research on fetuses in utero under 45 


bajohnson on DSK3CLS3C1PROD with BILLS
127 

HR 3293 RFS 

1 CFR 46.204(b) and section 498(b) of the Public 

2 Health Service Act (42 U.S.C. 289g(b)). 

3 (b) For purposes of this section, the term ‘‘human 

4 embryo or embryos’’ includes any organism, not protected 

5 as a human subject under 45 CFR 46 as of the date of 

6 the enactment of this Act, that is derived by fertilization, 

7 parthenogenesis, cloning, or any other means from one or 

8 more human gametes or human diploid cells. 

9 SEC. 509. (a) None of the funds made available in 

10 this Act may be used for any activity that promotes the 

11 legalization of any drug or other substance included in 

12 schedule I of the schedules of controlled substances estab13 lished under section 202 of the Controlled Substances Act 

14 except for normal and recognized executive-congressional 

15 communications. 

16 (b) The limitation in subsection (a) shall not apply 

17 when there is significant medical evidence of a therapeutic 

18 advantage to the use of such drug or other substance or 

19 that federally sponsored clinical trials are being conducted 

20 to determine therapeutic advantage. 

21 SEC. 510. None of the funds made available in this 

22 Act may be used to promulgate or adopt any final stand23 ard under section 1173(b) of the Social Security Act pro24 viding for, or providing for the assignment of, a unique 

25 health identifier for an individual (except in an individVerDate Nov 24 2008 23:47 Jul 27, 2009 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H3293.RFS H3293

bajohnson on DSK3CLS3C1PROD with BILLS
128 

HR 3293 RFS 

1 ual’s capacity as an employer or a health care provider), 

2 until legislation is enacted specifically approving the 

3 standard. 

4 SEC. 511. None of the funds made available in this 

5 Act may be obligated or expended to enter into or renew 

6 a contract with an entity if— 

7 (1) such entity is otherwise a contractor with 

8 the United States and is subject to the requirement 

9 in 38 U.S.C. 4212(d) regarding submission of an 

10 annual report to the Secretary of Labor concerning 

11 employment of certain veterans; and 

12 (2) such entity has not submitted a report as 

13 required by that section for the most recent year for 

14 which such requirement was applicable to such enti15 ty. 

16 SEC. 512. None of the funds made available in this 

17 Act may be transferred to any department, agency, or in18 strumentality of the United States Government, except 

19 pursuant to a transfer made by, or transfer authority pro20 vided in, this Act or any other appropriation Act. 

21 SEC. 513. None of the funds made available by this 

22 Act to carry out the Library Services and Technology Act 

23 may be made available to any library covered by para24 graph (1) of section 224(f) of such Act, as amended by 

25 the Children’s Internet Protection Act, unless such library 


bajohnson on DSK3CLS3C1PROD with BILLS
129 

HR 3293 RFS 

1 has made the certifications required by paragraph (4) of 

2 such section. 

3 SEC. 514. None of the funds made available by this 

4 Act to carry out part D of title II of the Elementary and 

5 Secondary Education Act of 1965 may be made available 

6 to any elementary or secondary school covered by para7 graph (1) of section 2441(a) of such Act, as amended by 

8 the Children’s Internet Protection Act and the No Child 

9 Left Behind Act, unless the local educational agency with 

10 responsibility for such covered school has made the certifi11 cations required by paragraph (2) of such section. 

12 SEC. 515. (a) None of the funds provided under this 

13 Act, or provided under previous appropriations Acts to the 

14 agencies funded by this Act that remain available for obli15 gation or expenditure in fiscal year 2010, or provided from 

16 any accounts in the Treasury of the United States derived 

17 by the collection of fees available to the agencies funded 

18 by this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds that— 

20 (1) creates new programs; 

21 (2) eliminates a program, project, or activity; 

22 (3) increases funds or personnel by any means 

23 for any project or activity for which funds have been 

24 denied or restricted; 

25 (4) relocates an office or employees; 


bajohnson on DSK3CLS3C1PROD with BILLS
130 

HR 3293 RFS 

1 (5) reorganizes or renames offices; 

2 (6) reorganizes programs or activities; or 

3 (7) contracts out or privatizes any functions or 

4 activities presently performed by Federal employees; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are notified 15 days in 

7 advance of such reprogramming or of an announcement 

8 of intent relating to such reprogramming, whichever oc9 curs earlier. 

10 (b) None of the funds provided under this Act, or 

11 provided under previous appropriations Acts to the agen12 cies funded by this Act that remain available for obligation 

13 or expenditure in fiscal year 2010, or provided from any 

14 accounts in the Treasury of the United States derived by 

15 the collection of fees available to the agencies funded by 

16 this Act, shall be available for obligation or expenditure 

17 through a reprogramming of funds in excess of $500,000 

18 or 10 percent, whichever is less, that— 

19 (1) augments existing programs, projects (in20 cluding construction projects), or activities; 

21 (2) reduces by 10 percent funding for any exist22 ing program, project, or activity, or numbers of per23 sonnel by 10 percent as approved by Congress; or 

24 (3) results from any general savings from a re25 duction in personnel which would result in a change 


bajohnson on DSK3CLS3C1PROD with BILLS
131 

HR 3293 RFS 

1 in existing programs, activities, or projects as ap2 proved by Congress; 

3 unless the Committees on Appropriations of the House of 

4 Representatives and the Senate are notified 15 days in 

5 advance of such reprogramming or of an announcement 

6 of intent relating to such reprogramming, whichever oc7 curs earlier. 

8 SEC. 516. (a) None of the funds made available in 

9 this Act may be used to request that a candidate for ap10 pointment to a Federal scientific advisory committee dis11 close the political affiliation or voting history of the can12 didate or the position that the candidate holds with re13 spect to political issues not directly related to and nec14 essary for the work of the committee involved. 

15 (b) None of the funds made available in this Act may 

16 be used to disseminate scientific information that is delib17 erately false or misleading. 

18 SEC. 517. Within 45 days of enactment of this Act, 

19 each department and related agency funded through this 

20 Act shall submit an operating plan that details at the pro21 gram, project, and activity level any funding allocations 

22 for fiscal year 2010 that are different than those specified 

23 in this Act, the accompanying detailed table in the com24 mittee report, or the fiscal year 2010 budget request. 


bajohnson on DSK3CLS3C1PROD with BILLS
132 

HR 3293 RFS 

1 SEC. 518. The Secretaries of Labor, Health and 

2 Human Services, and Education shall each prepare and 

3 submit to the Committees on Appropriations of the House 

4 of Representatives and the Senate a report on the number 

5 and amount of contracts, grants, and cooperative agree6 ments exceeding $100,000 in value and awarded by the 

7 Department on a non-competitive basis during each quar8 ter of fiscal year 2010, but not to include grants awarded 

9 on a formula basis or directed by law. Such report shall 

10 include the name of the contractor or grantee, the amount 

11 of funding, the governmental purpose, including a jus12 tification for issuing the award on a non-competitive basis. 

13 Such report shall be transmitted to the Committees within 

14 30 days after the end of the quarter for which the report 

15 is submitted. 

16 SEC. 519. None of the funds appropriated or other17 wise made available by this Act may be used to enter into 

18 a contract in an amount greater than $5,000,000 or to 

19 award a grant in excess of such amount unless the pro20 spective contractor or grantee certifies in writing to the 

21 agency awarding the contract or grant that, to the best 

22 of its knowledge and belief, the contractor or grantee has 

23 filed all Federal tax returns required during the three 

24 years preceding the certification, has not been convicted 

25 of a criminal offense under the Internal Revenue Code of 


bajohnson on DSK3CLS3C1PROD with BILLS
133 

HR 3293 RFS 

1 1986, and has not, more than 90 days prior to certifi2 cation, been notified of any unpaid Federal tax assessment 

3 for which the liability remains unsatisfied, unless the as4 sessment is the subject of an installment agreement or 

5 offer in compromise that has been approved by the Inter6 nal Revenue Service and is not in default, or the assess7 ment is the subject of a non-frivolous administrative or 

8 judicial proceeding. 

9 SEC. 520. None of the funds appropriated in this Act 

10 shall be expended or obligated by the Commissioner of So11 cial Security, for purposes of administering Social Security 

12 benefit payments under title II of the Social Security Act, 

13 to process any claim for credit for a quarter of coverage 

14 based on work performed under a social security account 

15 number that is not the claimant’s number and the per16 formance of such work under such number has formed the 

17 basis for a conviction of the claimant of a violation of sec18 tion 208(a)(6) or (7) of the Social Security Act. 

19 SEC. 521. None of the funds appropriated by this Act 

20 may be used by the Commissioner of Social Security or 

21 the Social Security Administration to pay the compensa22 tion of employees of the Social Security Administration 

23 to administer Social Security benefit payments, under any 

24 agreement between the United States and Mexico 

25 establlishing totalization arrangements between the social 


bajohnson on DSK3CLS3C1PROD with BILLS
134 

HR 3293 RFS 

1 security system established by title II of the Social Secu2 rity Act and the social security system of Mexico, which 

3 would not otherwise be payble but for such agreement. 

4 SEC. 522. None of the funds made available in this 

5 Act may be used in contravention of title IV of the Per6 sonal Responsibility and Work Opportunity Reconciliation 

7 Act of 1996 (8 U.S.C. 1611 et seq.). 

8 SEC. 523. None of the funds contained in this Act 

9 may be used to distribute any needle or syringe for the 

10 hypodermic injection of any illegal drug in any location 

11 which is within 1,000 feet of a public or private day care 

12 center, elementary school, vocational school, secondary 

13 school, college, junior college, or university, or any public 

14 swimming pool, park, playground, video arcade, or youth 

15 center, or an event sponsored by any such entity. 

16 SEC. 524. (a) None of the funds provided in this Act 

17 under the heading ‘‘National Institutes of Health—Na18 tional Institute on Drug Abuse’’ shall be available for 

19 grant number 1R21DA026324–01A1 (Substance Use and 

20 HIV Risk among Thai Women). 

21 (b) None of the funds provided in this Act under the 

22 heading ‘‘National Institutes of Health—National Insti23 tute on Alcohol Abuse and Alcoholism’’ shall be available 

24 for grant number 1R01AA018090–01 (Venue-based HIV 

25 and alcohol use risk reduction among female sex workers 


bajohnson on DSK3CLS3C1PROD with BILLS
135 

HR 3293 RFS 

1 in China), or grant number 5R01AA016059–03 (Maxi2 mizing Opportunity—HIV Prevention in Hospitalized 

3 Russian Drinkers). 

4 SEC. 525. None of the funds made available in this 

5 Act may be used to purchase light bulbs unless the light 

6 bulbs are ‘‘Energy Star’’ qualified or have the ‘‘Federal 

7 Energy Management Program’’ designation. 

8 SEC. 526. None of the funds made available in this 

9 Act may be used for first-class travel by the employees 

10 of agencies funded by this Act in contravention of sections 

11 301–10.124 of title 41, Code of Federal Regulations. 

12 This Act may be cited as the ‘‘Departments of Labor, 

13 Health and Human Services, and Education, and Related 

14 Agencies Appropriations Act, 2010’’. 

Passed the House of Representatives July 24, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


bajohnson on DSK3CLS3C1PROD with BILLS