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grants or contracts under section 747 of the Public Health 
Service Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the 
Agency for Healthcare Research and Quality to make 
NRSA awards for health service research. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2010’’. 
TITLE III—DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and section 
418A 
of 
the 
Higher 
Education 
Act 
of 
1965, 
$15,938,215,000, of which $4,850,510,000 shall become 
available on July 1, 2010, and shall remain available 
through 
September 
30, 
2011, 
and 
of 
which 
$10,841,176,000 shall become available on October 1, 
2010, and shall remain available through September 30, 
2011, for academic year 2010–2011: Provided, That 
$6,597,946,000 shall be for basic grants under section 
1124 of the ESEA: Provided further, That up to 
$4,000,000 of these funds shall be available to the Sec-
retary of Education on October 1, 2009, to obtain annu-
ally updated local educational-agency-level census poverty 
data from the Bureau of the Census: Provided further, 
That $1,365,031,000 shall be for concentration grants 
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under section 1124A of the ESEA: Provided further, That 
$3,264,712,000 shall be for targeted grants under section 
1125 
of 
the 
ESEA: 
Provided 
further, 
That 
$3,264,712,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided fur-
ther, That $9,167,000 shall be to carry out sections 1501 
and 1503 of the ESEA: Provided further, That 
$545,633,000 shall be available for school improvement 
grants under section 1003(g) of the ESEA and, notwith-
standing such section, each State educational agency shall 
ensure that not less than 50 percent of its allocation of 
funds under this proviso is used for evidence-based read-
ing instruction: Provided further, That State and local 
educational agencies may use fiscal year 2009 appropria-
tions, and funds appropriated in this Act, for school im-
provement grants under section 1003(g) of the ESEA for 
any school eligible to receive assistance under part A of 
title I that has not made adequate yearly progress for at 
least two years or is in a State’s lowest quintile of per-
formance based on proficiency rates and, in the case of 
secondary schools, priority shall be given to those schools 
with graduation rates below 60 percent: Provided further, 
That the ESEA title I, part A funds awarded to local edu-
cational agencies under the American Recovery and Rein-
vestment Act of 2009 for fiscal year 2009 shall not be 
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considered for the purpose of calculating hold-harmless 
amounts under subsections 1122(c) and 1125A(g)(3) in 
making allocations under title I, part A for fiscal year 
2010 and succeeding years. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
Elementary and Secondary Education Act of 1965, 
$1,290,718,000, of which $1,151,535,000 shall be for 
basic 
support 
payments 
under 
section 
8003(b), 
$48,602,000 shall be for payments for children with dis-
abilities under section 8003(d), $17,509,000 shall be for 
construction under section 8007(a) and shall remain avail-
able through September 30, 2010, $68,208,000 shall be 
for Federal property payments under section 8002, and 
$4,864,000, to remain available until expended, shall be 
for facilities maintenance under section 8008: Provided, 
That for purposes of computing the amount of a payment 
for an eligible local educational agency under section 
8003(a) for school year 2009–2010, children enrolled in 
a school of such agency that would otherwise be eligible 
for payment under section 8003(a)(1)(B) of such Act, but 
due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal 
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guardian while on active duty (so long as such children 
reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they at-
tended prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by parts A, B, and D of title II, part B of title 
IV, subparts 6 and 9 of part D of title V, parts A and 
B of title VI, and parts B and C of title VII of the Elemen-
tary and Secondary Education Act of 1965 (‘‘ESEA’’); the 
McKinney-Vento Homeless Assistance Act; section 203 of 
the Educational Technical Assistance Act of 2002; the 
Compact of Free Association Amendments Act of 2003; 
and the Civil Rights Act of 1964, $5,239,644,000 (in-
creased by $5,000,000), of which $3,375,993,000 (in-
creased by $5,000,000) shall become available on July 1, 
2010, and remain available through September 30, 2011, 
and of which $1,681,441,000 shall become available on 
October 1, 2010, and shall remain available through Sep-
tember 30, 2011, for academic year 2010–2011: Provided, 
That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation 
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and modernization of public elementary schools, public 
secondary schools, and structures related to public elemen-
tary schools and secondary schools, if such construction, 
renovation, or modernization would support achievement 
of the purposes of that part: Provided further, That funds 
made available to carry out part C of title VII of the 
ESEA may be used for construction: Provided further, 
That the Secretary shall implement part C of title VII of 
the ESEA without regard to the requirements of section 
7304(d)(2): Provided further, That up to 100 percent of 
the funds available to a State educational agency under 
part D of title II of the ESEA may be used for subgrants 
described in section 2412(a)(2)(B) of such Act: Provided 
further, That $57,113,000 shall be available to carry out 
section 203 of the Educational Technical Assistance Act 
of 2002: Provided further, That $26,328,000 shall be 
available to carry out part D of title V of the ESEA: Pro-
vided further, That no funds appropriated under this head-
ing may be used to carry out section 5494 under the 
ESEA: Provided further, That $17,687,000 shall be avail-
able to carry out the Supplemental Education Grants pro-
gram for the Federated States of Micronesia and the Re-
public of the Marshall Islands: Provided further, That up 
to 5 percent of these amounts may be reserved by the Fed-
erated States of Micronesia and the Republic of the Mar-
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shall Islands to administer the Supplemental Education 
Grants programs and to obtain technical assistance, over-
sight and consultancy services in the administration of 
these grants and to reimburse the United States Depart-
ments of Labor, Health and Human Services, and Edu-
cation 
for 
such 
services: 
Provided 
further, 
That 
$9,360,000 of the funds available for the Foreign Lan-
guage Assistance Program shall be available for 5-year 
grants to local educational agencies that would work in 
partnership with one or more institutions of higher edu-
cation to establish or expand articulated programs of 
study in languages critical to United States national secu-
rity that will enable successful students to advance from 
elementary school through college to achieve a superior 
level of proficiency in those languages. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent 
not otherwise provided, title VII, part A of the Elementary 
and Secondary Education Act of 1965, $132,282,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by part G of 
title I, subpart 5 of part A and parts C and D of title 
II, parts B, C, and D of title V, and section 1504 of the 
Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’), and by part F of title VIII of the Higher Edu-
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cation Act of 1965, $1,353,363,000 (reduced by 
$6,000,000): Provided, That $10,649,000 shall be pro-
vided to the National Board for Professional Teaching 
Standards to carry out section 2151(c) of the ESEA, in-
cluding $1,000,000 to develop a National Board certifi-
cation for principals of elementary and secondary schools: 
Provided further, That from funds for subpart 4, part C 
of title II of the ESEA, up to 3 percent shall be available 
to the Secretary of Education for technical assistance and 
dissemination of information: Provided further, That 
$666,530,000 (reduced by $9,000,000) shall be available 
to carry out part D of title V of the ESEA: Provided fur-
ther, That $51,732,000 shall be used for the projects, and 
in the amounts, specified under the heading ‘‘Innovation 
and Improvement’’ in the report of the Committee on Ap-
propriations of the House of Representatives to accom-
pany this Act: Provided further, That $445,864,000 of the 
funds for subpart 1 of part D of title V of the ESEA 
shall be for competitive grants to local educational agen-
cies, including charter schools that are local educational 
agencies, or States, or partnerships of: (1) a local edu-
cational agency, a State, or both; and (2) at least one non- 
profit organization to develop and implement performance- 
based compensation systems for teachers, principals, and 
other personnel in high-need schools: Provided further, 
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That such performance-based compensation systems must 
consider gains in student academic achievement as well 
as classroom evaluations conducted multiple times during 
each school year among other factors and provide edu-
cators with incentives to take on additional responsibilities 
and leadership roles: Provided further, That up to 5 per-
cent of such funds for competitive grants shall be available 
for technical assistance, training, peer review of applica-
tions, program outreach and evaluation activities: Pro-
vided further, That from funds for subpart 1 of part D 
of title V of the ESEA, up to $10,000,000 shall be avail-
able to carry out activities authorized under section 
2151(a) of the ESEA: Provided further, That of the funds 
available for section 2151(b), $5,000,000 shall be avail-
able to continue a national school leadership partnership 
initiative as described under this heading in the report of 
the Committee on Appropriations of the House of Rep-
resentatives to accompany this Act: Provided further, That 
of the funds available for part B of title V, the Secretary 
shall use up to $21,031,000 to carry out activities under 
section 5205(b) and under subpart 2, and shall use not 
less than $195,000,000 to carry out other activities au-
thorized under subpart 1: Provided further, That of the 
funds available for subpart 1 of part B of title V of the 
ESEA, and notwithstanding section 5205(a), the Sec-
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retary may reserve up to $20,000,000 (increased by 
$10,000,000) to make multiple awards to charter manage-
ment organizations and other entities for the replication 
and expansion of successful charter school models and 
may reserve up to $10,000,000 to carry out the activities 
described in section 5205(a), including by providing tech-
nical assistance to authorized public chartering agencies 
in order to increase the number of high-performing char-
ter schools: Provided further, That each application sub-
mitted pursuant to section 5203(a) shall describe a plan 
to monitor and hold accountable authorized public char-
tering agencies through such activities as providing tech-
nical assistance or establishing a professional development 
program, which may include planning, training and sys-
tems development for staff of authorized public chartering 
agencies to improve the capacity of such agencies in the 
State to authorize, monitor, and hold accountable charter 
schools: Provided further, That each application submitted 
pursuant to section 5203(a) shall contain assurances that 
State law, regulations, or other policies require that: (1) 
each authorized charter school in the State operate under 
a legally binding charter or performance contract between 
itself and the school’s authorized public chartering agency 
that describes the obligations and responsibilities of the 
school and the public chartering agency; conduct annual, 
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timely, and independent audits of the school’s financial 
statements that are filed with the school’s authorized pub-
lic chartering agency; and demonstrate improved student 
academic achievement; and (2) authorized public char-
tering agencies use increases in student academic achieve-
ment for all groups of students described in section 
1111(b)(2)(C)(v) of the ESEA as the most important fac-
tor when determining to renew or revoke a school’s char-
ter: Provided further, That $6,965,000 of the funds avail-
able to carry out subpart I of part D of title V of the 
ESEA shall be used for the Reach Out and Read program. 
STATE FISCAL STABILIZATION FUND, RECOVERY ACT 
For an additional amount for the Innovation Fund 
established pursuant to section 14007 of division A of the 
American Recovery and Reinvestment Act of 2009, 
$3,000,000. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by subpart 3 
of part C of title II, part A of title IV, and subparts 2 
and 10 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965, $395,753,000: Provided, 
That $195,041,000 shall be available for subpart 2 of part 
A of title IV, of which $2,000,000, to remain available 
until expended, shall be for the Project School Emergency 
Response to Violence (‘‘Project SERV’’) program to pro-
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103 
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OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department 
of Education Organization Act, $60,053,000. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be 
used for the transportation of students or teachers (or for 
the purchase of equipment for such transportation) in 
order to overcome racial imbalance in any school or school 
system, or for the transportation of students or teachers 
(or for the purchase of equipment for such transportation) 
in order to carry out a plan of racial desegregation of any 
school or school system. 
SEC. 302. None of the funds contained in this Act 
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school 
which is nearest the student’s home, except for a student 
requiring special education, to the school offering such 
special education, in order to comply with title VI of the 
Civil Rights Act of 1964. For the purpose of this section 
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan 
involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, 
or any combination of grade restructuring, pairing or clus-
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