II 
Calendar No. 149 
111TH CONGRESS 
1ST SESSION H. R. 3293 
[Report No. 111–66] 
IN THE SENATE OF THE UNITED STATES 
JULY 27, 2009 
Received; read twice and referred to the Committee on Appropriations 
AUGUST 4, 2009 
Reported by Mr. HARKIN, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2010, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Departments of Labor, Health and Human Services, and 
Education, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Workforce Investment 
Act of 1998 (‘‘WIA’’), the Second Chance Act of 2007, 
and the Women in Apprenticeship and Non-Traditional 
Occupations Act of 1992, including the purchase and hire 
of passenger motor vehicles, the construction, alteration, 
and repair of buildings and other facilities, and the pur-
chase of real property for training centers as authorized 
by the WIA; $3,802,961,000, plus reimbursements, shall 
be available. Of the amounts provided: 
(1) for grants to States for adult employment 
and training activities, youth activities, and dis-
located worker employment and training activities, 
$2,969,449,000 as follows: 
(A) $861,540,000 for adult employment 
and training activities, of which $149,540,000 
shall be available for the period July 1, 2010, 
through
June
30,
2011,
and
of
which 
$712,000,000 shall be available for the period 
October 1, 2010 through June 30, 2011;
(B)
$924,069,000
for
youth
activities, 
which shall be available for the period April 1, 
2010 through June 30, 2011; and 
(C) $1,183,840,000 for dislocated worker 
employment and training activities, of which 
$321,731,000 shall be available for the period 
July 1, 2010 through June 30, 2011, and of 
which $862,109,000 shall be available for the 
period October 1, 2010 through June 30, 2011: 
Provided, That notwithstanding the transfer limita-
tion under section 133(b)(4) of the WIA, up to 30 
percent of such funds may be transferred by a local 
board if approved by the Governor: Provided further, 
That a local board may award a contract to an insti-
tution of higher education or other eligible training 
provider if the local board determines that it would 
facilitate the training of multiple individuals in high- 
demand occupations, if such contract does not limit 
customer choice; 
(2)
for
federally
administered
programs, 
$453,429,000 as follows: 
(A) $215,051,000 for the dislocated work-
ers
assistance
national
reserve,
of
which 
$17,160,000 shall be available for the period 
July 1, 2010 through June 30, 2011, and of
which $197,891,000 shall be available for the 
period October 1, 2010 through June 30, 2011: 
Provided, That funds provided to carry out sec-
tion 132(a)(2)(A) of the WIA may be used to 
provide assistance to a State for State-wide or 
local use in order to address cases where there 
have been worker dislocations across multiple 
sectors or across multiple local areas and such 
workers remain dislocated; coordinate the State 
workforce development plan with emerging eco-
nomic development needs; and train such eligi-
ble dislocated workers: Provided further, That 
funds provided to carry out section 171(d) of 
the
WIA
may
be
used
for
demonstration 
projects that provide assistance to new entrants 
in the workforce and incumbent workers; 
(B) $52,758,000 for Native American pro-
grams, which shall be available for the period 
July 1, 2010 through June 30, 2011; 
(C) $84,620,000 for migrant and seasonal 
farmworker programs under section 167 of the 
WIA, including $78,610,000 for formula grants 
(of which not less than 70 percent shall be for 
employment and training services), $5,500,000 
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent 
housing), and $510,000 for other discretionary 
purposes, which shall be available for the period 
July 1, 2010 through June 30, 2011: Provided, 
That notwithstanding any other provision of 
law or related regulation, the Department of 
Labor shall take no action limiting the number 
or proportion of eligible participants receiving 
related
assistance
services
or
discouraging 
grantees from providing such services; 
(D)
$1,000,000
for
carrying
out
the 
Women in Apprenticeship and Nontraditional 
Occupations Act, which shall be available for 
the period July 1, 2010 through June 30, 
2011; and 
(E) $100,000,000 for YouthBuild activities 
as described in section 173A of the WIA, which 
shall be available for the period April 1, 2010 
through June 30, 2011: Provided, That for pro-
gram year 2010 and each program year there-
after, the YouthBuild program may serve an in-
dividual who has dropped out of high school 
and re-enrolled in an alternative school, if that 
re-enrollment is part of a sequential service 
strategy;
which shall be available for the period July 1, 
2010 through June 30, 2011, and which shall 
not be subject to the requirements of section 
171(b)(2)(B) or 171(c)(4)(D); 
(E)
$130,000,000
(increased
by 
$5,000,000) for the Career Pathways Innova-
tion Fund, under the authority of section 171 
of the WIA, which shall be available for the pe-
riod July 1, 2010 through June 30, 2011, of 
which not less than $65,000,000 shall be dedi-
cated to activities that prepare workers for ca-
reers in the health care sector, and which shall 
not be subject to the requirements of section 
171(b)(2)(B) or 171(c)(4)(D); and 
(F) $15,000,000 for the Workforce Data 
Quality Initiative, under the authority of section 
171(c)(2) of the WIA, which shall be available 
for the period July 1, 2010 through June 30, 
2011, and which shall not be subject to the re-
quirements of section 171(c)(4)(D). 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER 
AMERICANS 
To carry out title V of the Older Americans Act of 
1965, $615,425,000, which shall be available for the pe-
riod July 1, 2010 through June 30, 2011: Provided, That
funds made available under this heading in this Act may, 
in accordance with section 517(c) of the Older Americans 
Act of 1965, be recaptured and reobligated. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during fiscal year 2010 of trade ad-
justment benefit payments and allowances under part I 
of subchapter B of chapter 2 of title II of the Trade Act 
of 1974, and section 246 of that Act; and for training, 
employment and case management services, allowances for 
job search and relocation, and related State administrative 
expenses under part II of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, including benefit pay-
ments, allowances, training, and related State administra-
tion provided pursuant to paragraphs (1) and (2) of sec-
tion 1891(b) of the Trade and Globalization Adjustment 
Assistance Act of 2009, $1,818,400,000, together with 
such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period sub-
sequent to September 15, 2010. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For
authorized
administrative
expenses, 
$69,903,000, together with not to exceed $3,977,153,000 
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund 
(‘‘the Trust Fund’’), of which: 
(1) $3,195,645,000 from the Trust Fund is for 
grants to States for the administration of State un-
employment insurance laws as authorized under title 
III
of
the
Social
Security
Act
(including 
$10,000,000 to conduct in-person reemployment and 
eligibility assessments and unemployment insurance 
improper payment reviews), the administration of 
unemployment insurance for Federal employees and 
for ex-service members as authorized under 5 U.S.C. 
8501–8523, and the administration of trade read-
justment allowances, reemployment trade adjustment 
assistance, and alternative trade adjustment assist-
ance under the Trade Act of 1974 and under section 
1891(b) of the Trade and Globalization Adjustment 
Assistance Act of 2009, and shall be available for 
obligation by the States through December 31, 
2010, except that funds used for automation acquisi-
tions shall be available for obligation by the States 
through September 30, 2012, and funds used for 
unemployment insurance workloads experienced by 
the States through September 30, 2010, shall be 
available for Federal obligation through December 
31, 2010;
(2) $11,310,000 from the Trust Fund is for na-
tional activities necessary to support the administra-
tion of the Federal-State unemployment insurance 
system; 
(3) $680,893,000 from the Trust Fund, to-
gether with $22,683,000 from the General Fund of 
the Treasury, is for grants to States in accordance 
with section 6 of the Wagner-Peyser Act, and shall 
be available for Federal obligation for the period 
July 1, 2010 through June 30, 2011; 
(4) $20,869,000 from the Trust Fund is for na-
tional activities of the Employment Service, includ-
ing administration of the work opportunity tax cred-
it under section 51 of the Internal Revenue Code of 
1986, and the provision of technical assistance and 
staff training under the Wagner-Peyser Act, includ-
ing not to exceed $1,228,000 that may be used for 
amortization payments to States which had inde-
pendent retirement plans in their State employment 
service agencies prior to 1980; 
(5) $68,436,000 from the Trust Fund is for the 
administration of foreign labor certifications and re-
lated activities under the Immigration and Nation-
ality Act and related laws, of which $53,307,000 
shall be available for the Federal administration of
such activities, and $15,129,000 shall be available 
for grants to States for the administration of such 
activities; and 
(6) $47,220,000 from the General Fund is to 
provide workforce information, national electronic 
tools, and one-stop system building under the Wag-
ner-Peyser Act and section 171 (e)(2)(C) of the 
Workforce Investment Act of 1998 and shall be 
available for Federal obligation for the period July 
1, 2010 through June 30, 2011: 
Provided, That to the extent that the Average Weekly In-
sured Unemployment (‘‘AWIU’’) for fiscal year 2010 is 
projected
by
the
Department
of
Labor
to
exceed 
5,059,000, an additional $28,600,000 from the Trust 
Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount 
for any increment less than 100,000) to carry out title 
III of the Social Security Act: Provided further, That 
funds appropriated in this Act that are allotted to a State 
to carry out activities under title III of the Social Security 
Act may be used by such State to assist other States in 
carrying out activities under such title III if the other 
States include areas that have suffered a major disaster 
declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Act: Provided further,
That the Secretary of Labor may use funds appropriated 
for grants to States under title III of the Social Security 
Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 
453(j)(8) of such Act: Provided further, That funds appro-
priated in this Act which are used to establish a national 
one-stop career center system, or which are used to sup-
port the national activities of the Federal-State unemploy-
ment insurance or immigration programs, may be obli-
gated in contracts, grants, or agreements with non-State 
entities: Provided further, That funds appropriated under 
this Act for activities authorized under title III of the So-
cial Security Act and the Wagner-Peyser Act may be used 
by States to fund integrated Unemployment Insurance 
and Employment Service automation efforts, notwith-
standing cost allocation principles prescribed under the 
Office of Management and Budget Circular A–87: Pro-
vided further, That the Secretary, at the request of a State 
participating in a consortium with other States, may 
reallot funds allotted to such State under title III of the 
Social Security Act to other States participating in the 
consortium in order to carry out activities that benefit the 
administration of the unemployment compensation law of 
the State making the request.
for every 20,000 additional terminated participants: Pro-
vided further, That an additional $50,000 shall be made 
available through September 30, 2011, for obligation for 
investment management fees for every $25,000,000 in as-
sets received by the Corporation as a result of new plan 
terminations or asset growth, after approval by the Office 
of Management and Budget and notification of the Com-
mittees on Appropriations of the House of Representatives 
and the Senate: Provided further, That obligations in ex-
cess of the amounts provided in this paragraph may be 
incurred for unforeseen and extraordinary pretermination 
expenses after approval by the Office of Management and 
Budget and notification of the Committees on Appropria-
tions of the House of Representatives and the Senate. 
EMPLOYMENT STANDARDS ADMINISTRATION 
SALARIES AND EXPENSES 
(INCLUDING RESCISSION) 
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State, 
Federal, and local agencies and their employees for inspec-
tion
services
rendered,
$484,632,000,
together
with 
$2,124,000 which may be expended from the Special Fund 
in accordance with sections 39(c), 44(d), and 44(j) of the 
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That the Secretary of Labor is authorized to estab-
lish and, in accordance with 31 U.S.C. 3302, collect and 
deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the 
Fair Labor Standards Act of 1938 and for processing ap-
plications and issuing registrations under title I of the Mi-
grant and Seasonal Agricultural Worker Protection Act. 
Of the unobligated funds collected pursuant to sec-
tion 286(v) of the Immigration and Nationality Act, 
$65,000,000 are rescinded as of September 30, 2010. 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during 
the current or any prior fiscal year authorized by 5 U.S.C. 
81; continuation of benefits as provided for under the 
heading ‘‘Civilian War Benefits’’ in the Federal Security 
Agency Appropriation Act, 1947; the Employees’ Com-
pensation Commission Appropriation Act, 1944; sections 
4(c) and 5(f) of the War Claims Act of 1948; and 50 per-
cent of the additional compensation and benefits required 
by section 10(h) of the Longshore and Harbor Workers’ 
Compensation Act, $187,000,000, together with such 
amounts as may be necessary to be charged to the subse-
quent year appropriation for the payment of compensation 
and other benefits for any period subsequent to August
15 of the current year: Provided, That amounts appro-
priated may be used under 5 U.S.C. 8104, by the Sec-
retary of Labor to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary 
of a reemployed, disabled beneficiary: Provided further, 
That balances of reimbursements unobligated on Sep-
tember 30, 2009, shall remain available until expended for 
the payment of compensation, benefits, and expenses: Pro-
vided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 
5 U.S.C. 8147(c) to pay an amount for its fair share of 
the cost of administration, such sums as the Secretary de-
termines to be the cost of administration for employees 
of such fair share entities through September 30, 2010: 
Provided further, That of those funds transferred to this 
account from the fair share entities to pay the cost of ad-
ministration of the Federal Employees’ Compensation Act, 
$58,120,000 shall be made available to the Secretary as 
follows: 
(1) For enhancement and maintenance of auto-
mated data processing systems and telecommuni-
cations systems, $19,968,000.
(2) For automated workload processing oper-
ations, including document imaging, centralized mail 
intake, and medical bill processing, $23,323,000. 
(3) For periodic roll management and medical 
review, $14,829,000. 
(4) The remaining funds shall be paid into the 
Treasury as miscellaneous receipts: 
Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits 
under 5 U.S.C. 81, or the Longshore and Harbor Work-
ers’ Compensation Act, provide as part of such notice and 
claim, such identifying information (including Social Secu-
rity account number) as such regulations may prescribe. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carrying out title IV of the Federal Mine Safety 
and Health Act of 1977, as amended by Public Law 107– 
275, $169,180,000, to remain available until expended. 
For making after July 31 of the current fiscal year, 
benefit payments to individuals under title IV of such Act, 
for costs incurred in the current fiscal year, such amounts 
as may be necessary. 
For making benefit payments under title IV for the 
first quarter of fiscal year 2011, $45,000,000, to remain 
available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION FUND 
For necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program 
Act, $51,197,000, to remain available until expended: Pro-
vided, That the Secretary of Labor may require that any 
person filing a claim for benefits under the Act provide 
as part of such claim, such identifying information (in-
cluding Social Security account number) as may be pre-
scribed. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
In fiscal year 2010, such sums as may be necessary 
from the Black Lung Disability Trust Fund (‘‘Fund’’), to 
remain available until expended, for payment of all bene-
fits authorized by section 9501(d)(1), (2), (4), and (7) of 
the Internal Revenue Code of 1986; and interest on ad-
vances, as authorized by section 9501(c)(2) of that Act. 
In addition, the following amounts may be expended from 
the Fund for fiscal year 2010 for expenses of operation 
and administration of the Black Lung Benefits program, 
as authorized by section 9501(d)(5): not to exceed 
$32,720,000 for transfer to the Employment Standards 
Administration ‘‘Salaries and Expenses’’; not to exceed 
$25,091,000 for transfer to Departmental Management,
‘‘Salaries and Expenses’’; not to exceed $327,000 for 
transfer to Departmental Management, ‘‘Office of Inspec-
tor General’’; and not to exceed $356,000 for payments 
into miscellaneous receipts for the expenses of the Depart-
ment of the Treasury. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety 
and Health Administration, $554,620,000, including not 
to exceed $103,393,000 which shall be the maximum 
amount available for grants to States under section 23(g) 
of the Occupational Safety and Health Act (‘‘Act’’), which 
grants shall be no less than 50 percent of the costs of 
State occupational safety and health programs required to 
be incurred under plans approved by the Secretary of 
Labor under section 18 of the Act; and, in addition, not-
withstanding 31 U.S.C. 3302, the Occupational Safety 
and Health Administration may retain up to $200,000 per 
fiscal year of training institute course tuition fees, other-
wise authorized by law to be collected, and may utilize 
such sums for occupational safety and health training and 
education: Provided, That, notwithstanding 31 U.S.C. 
3302, the Secretary is authorized, during the fiscal year 
ending September 30, 2010, to collect and retain fees for 
services provided to Nationally Recognized Testing Lab-
oratories, and may utilize such sums, in accordance with 
the provisions of 29 U.S.C. 9a, to administer national and 
international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in 
the workplace: Provided further, That none of the funds 
appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any 
standard, rule, regulation, or order under the Act which 
is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor 
camp and employs 10 or fewer employees: Provided fur-
ther, That no funds appropriated under this paragraph 
shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with 
respect to any employer of 10 or fewer employees who is 
included within a category having a Days Away, Re-
stricted, or Transferred (DART) occupational injury and 
illness rate, at the most precise industrial classification 
code for which such data are published, less than the na-
tional average rate as such rates are most recently pub-
lished by the Secretary, acting through the Bureau of 
Labor Statistics, in accordance with section 24 of the Act, 
except—
(1) to provide, as authorized by the Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies; 
(2) to conduct an inspection or investigation in 
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and 
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for 
any willful violations found; 
(3) to take any action authorized by the Act 
with respect to imminent dangers; 
(4) to take any action authorized by the Act 
with respect to health hazards; 
(5) to take any action authorized by the Act 
with respect to a report of an employment accident 
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, 
and to take any action pursuant to such investiga-
tion authorized by the Act; and 
(6) to take any action authorized by the Act 
with respect to complaints of discrimination against 
employees for exercising rights under the Act: 
Provided further, That the foregoing proviso shall not 
apply to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and em-
ploys 10 or fewer employees: Provided further, That 
$10,000,000 shall be available for Susan Harwood train-
ing grants. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Mine Safety and 
Health Administration, $353,193,000, including purchase 
and bestowal of certificates and trophies in connection 
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles, including up to $2,000,000 for 
mine rescue and recovery activities; in addition, not to ex-
ceed $750,000 may be collected by the National Mine 
Health and Safety Academy for room, board, tuition, and 
the sale of training materials, otherwise authorized by law 
to be collected, to be available for mine safety and health 
education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees col-
lected for the approval and certification of equipment, ma-
terials, and explosives for use in mines, and may utilize 
such sums for such activities; the Secretary of Labor is 
authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and 
to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Ad-
ministration is authorized to promote health and safety 
education and training in the mining community through 
cooperative programs with States, industry, and safety as-
sociations; the Secretary is authorized, in fiscal year 2010 
and each fiscal year thereafter, to recognize the Joseph 
A. Holmes Safety Association as a principal safety asso-
ciation and, notwithstanding any other provision of law, 
may provide funds and, with or without reimbursement, 
personnel, including service of Mine Safety and Health 
Administration officials as officers in local chapters or in 
the national organization; and any funds available to the 
Department of Labor may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and 
survival operations in the event of a major disaster. 
BUREAU OF LABOR STATISTICS 
SALARIES AND EXPENSES 
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State, 
Federal, and local agencies and their employees for serv-
ices rendered, $533,359,000, together with not to exceed 
$78,264,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund, of which $1,500,000 may be used to 
fund the mass layoff statistics program under section 15 
of the Wagner-Peyser Act: Provided, That the Current
Employment Survey shall maintain the content of the sur-
vey issued prior to June 2005 with respect to the collection 
of data for the women worker series. 
OFFICE OF DISABILITY EMPLOYMENT POLICY 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Disability 
Employment Policy to provide leadership, develop policy 
and initiatives, and award grants furthering the objective 
of eliminating barriers to the training and employment of 
people with disabilities, $37,031,000. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including 
the management or operation, through contracts, grants 
or other arrangements of Departmental activities con-
ducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical as-
sistance
and
other
international
labor
activities, 
$350,827,000
(reduced
by
$1,000,000),
of
which 
$91,419,000 is for the Bureau of International Labor Af-
fairs (including $6,500,000 to implement model programs 
to address worker rights issues through technical assist-
ance in countries with which the United States has trade
preference programs), and of which $19,892,000 is for the 
acquisition of Departmental information technology, archi-
tecture, infrastructure, equipment, software and related 
needs, which will be allocated by the Department’s Chief 
Information Officer in accordance with the Department’s 
capital investment management process to assure a sound 
investment strategy, and of which $5,000,000 is for Pro-
gram Evaluation, which may be transferred to any other 
appropriate account in the Department for such purpose; 
together with not to exceed $327,000, which may be ex-
pended from the Employment Security Administration Ac-
count in the Unemployment Trust Fund. 
OFFICE OF JOB CORPS 
To carry out subtitle C of title I of the Workforce 
Investment Act of 1998, including Federal administrative 
expenses, the purchase and hire of passenger motor vehi-
cles, the construction, alteration and repairs of buildings 
and other facilities, and the purchase of real property for 
training centers as authorized by the Workforce Invest-
ment Act; $1,705,320,000, plus reimbursements, as fol-
lows: 
(1) $1,576,130,000 for Job Corps Operations, 
of which $985,130,000 shall be available for obliga-
tion for the period July 1, 2010 through June 30, 
2011 and of which $591,000,000 shall be available
for
obligation
for
the
period
October
1,
2010 
through June 30, 2011. 
(2) $100,000,000 for construction, rehabilita-
tion and acquisition of Job Corps Centers, which 
shall be available for the period October 1, 2010 
through June 30, 2013. 
(3) $29,190,000 for necessary expenses of the 
Office of Job Corps which shall be available for obli-
gation for the period October 1, 2009 through Sep-
tember 30, 2010: 
Provided, That the Office of Job Corps shall have con-
tracting authority: Provided further, That no funds from 
any other appropriation shall be used to provide meal serv-
ices at or for Job Corps centers. 
VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $210,156,000 may be derived from the 
Employment Security Administration Account in the Un-
employment Trust Fund to carry out the provisions of 38 
U.S.C. 4100–4113, 4211–4215, and 4321–4327, and 
Public Law 103–353, and which shall be available for obli-
gation by the States through December 31, 2010, of which 
$2,449,000 is for the National Veterans’ Employment and 
Training Services Institute. 
In addition, to carry out the Department of Labor 
programs under section 5(a)(1) of the Homeless Veterans
Comprehensive Assistance Act of 2001 and the Veterans 
Workforce Investment Programs under section 168 of the 
Workforce
Investment
Act,
$46,971,000,
of
which 
$9,641,000 shall be available for obligation for the period 
July 1, 2010 through June 30, 2011. 
OFFICE OF INSPECTOR GENERAL 
For salaries and expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $78,093,000, together with not to 
exceed $5,921,000, which may be expended from the Em-
ployment Security Administration Account in the Unem-
ployment Trust Fund. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in this Act 
for the Job Corps shall be used to pay the salary of an 
individual, either as direct costs or any proration as an 
indirect cost, at a rate in excess of Executive Level I. 
(TRANSFER OF FUNDS) 
SEC. 102. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the current fiscal year for the Department of 
Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activ-
ity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by 
this section shall be available only to meet emergency 
needs and shall not be used to create any new program 
or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Commit-
tees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance 
of any transfer. 
SEC. 103. In accordance with Executive Order No. 
13126, none of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or ex-
pended for the procurement of goods mined, produced, 
manufactured, or harvested or services rendered, whole or 
in part, by forced or indentured child labor in industries 
and host countries already identified by the United States 
Department of Labor prior to enactment of this Act. 
SEC. 104. None of the funds appropriated in this title 
for grants under section 171 of the Workforce Investment 
Act of 1998 may be obligated prior to the preparation and 
submission of a report by the Secretary of Labor to the 
Committees on Appropriations of the House of Represent-
atives and the Senate detailing the planned uses of such 
funds. 
SEC. 105. None of the funds made available to the 
Department of Labor for grants under section 414(c) of
the American Competitiveness and Workforce Improve-
ment Act of 1998 may be used for any purpose other than 
training in the occupations and industries for which em-
ployers are using H–1B visas to hire foreign workers, and 
the related activities necessary to support such training: 
Provided, That the preceding limitation shall not apply to 
multi-year grants awarded prior to June 30, 2007. 
SEC. 106. None of the funds available in this Act or 
available to the Secretary of Labor from other sources for 
Career Pathways Innovation Fund grants and grants au-
thorized under section 414(c) of the American Competi-
tiveness and Workforce Improvement Act of 1998 shall 
be obligated for a grant awarded on a non-competitive 
basis. 
SEC. 107. None of the funds appropriated in this Act 
under the heading ‘‘Employment and Training Adminis-
tration’’ shall be used by a recipient or subrecipient of 
such funds to pay the salary and bonuses of an individual, 
either as direct costs or indirect costs, at a rate in excess 
of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office 
of Management and Budget Circular A–133. Where 
States are recipients of such funds, States may establish 
a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds,
taking into account factors including the relative cost-of- 
living in the State, the compensation levels for comparable 
State or local government employees, and the size of the 
organizations that administer Federal programs involved 
including Employment and Training Administration pro-
grams. 
SEC. 108. The Secretary of Labor shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate a plan for the transfer of the admin-
istration of the Job Corps program authorized under title 
I–C of the Workforce Investment Act of 1998 from the 
Office of the Secretary to the Employment and Training 
Administration. As of the date that is 30 days after the 
date of submission of such plan, the Secretary may trans-
fer the administration and appropriated funds of the pro-
gram from the Office of the Secretary and the provisions 
of section 102 of Public Law 109–149 shall no longer be 
applicable. 
This title may be cited as the ‘‘Department of Labor 
Appropriations Act, 2010’’.
TITLE II—DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
For carrying out titles II, III, IV, VII, VIII, X, XI, 
XII, XIX, and XXVI of the Public Health Service Act 
(‘‘PHS Act’’), section 427(a) of the Federal Coal Mine 
Health and Safety Act, title V and sections 711, 1128E, 
and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, the Native Hawaiian 
Health Care Act of 1988, the Cardiac Arrest Survival Act 
of 2000, section 712 of the American Jobs Creation Act 
of 2004, and the Stem Cell Therapeutic and Research Act 
of 2005, $7,305,817,000 (increased by $1,000,000), of 
which
$41,200,000
from
general
revenues,
notwith-
standing section 1820(j) of the Social Security Act, shall 
be available for carrying out the Medicare rural hospital 
flexibility grants program under such section: Provided, 
That of the funds made available under this heading, 
$129,000 shall be available until expended for facilities 
renovations at the Gillis W. Long Hansen’s Disease Cen-
ter: Provided further, That $56,000,000 of the funding 
provided for community health centers shall be for base 
grant adjustments for existing health centers: Provided 
further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of 
1986, fees shall be collected for the full disclosure of infor-
mation under the Act sufficient to recover the full costs 
of operating the National Practitioner Data Bank, and 
shall remain available until expended to carry out that 
Act: Provided further, That fees collected for the full dis-
closure of information under the ‘‘Health Care Fraud and 
Abuse Data Collection Program’’, authorized by section 
1128E(d)(2) of the Social Security Act, shall be sufficient 
to recover the full costs of operating the program, and 
shall remain available until expended to carry out that 
Act: Provided further, That no more than $40,000 shall 
be available until expended for carrying out the provisions 
of section 224(o) of the PHS Act including associated ad-
ministrative expenses and relevant evaluations: Provided 
further, That no more than $44,055,000 shall be available 
until expended for carrying out the provisions of Public 
Law 104–73 and for expenses incurred by the Department 
of Health and Human Services (‘‘HHS’’) pertaining to ad-
ministrative claims made under such law: Provided further, 
That of the funds made available under this heading, 
$317,491,000 shall be for the program under title X of 
the PHS Act to provide for voluntary family planning 
projects: Provided further, That amounts provided to said 
projects under such title shall not be expended for abor-
tions, that all pregnancy counseling shall be nondirective, 
and that such amounts shall not be expended for any ac-
tivity (including the publication or distribution of lit-
erature) that in any way tends to promote public support 
or opposition to any legislative proposal or candidate for 
public office: Provided further, That of the funds available 
under this heading, $1,932,865,000 shall remain available 
to the Secretary of HHS through September 30, 2012, 
for parts A and B of title XXVI of the PHS Act: Provided 
further, That within the amounts provided for part A of 
title XXVI of the PHS Act, $6,021,000 shall be available 
to the Secretary through September 30, 2012, and shall 
be available to qualifying jurisdictions, within 30 days of 
enactment, for increasing supplemental grants for fiscal 
year 2010 to metropolitan and transitional areas that re-
ceived grant funding in fiscal year 2009 under subparts 
I and II of part A of title XXVI of the PHS Act to ensure 
that an area’s total funding under subparts I and II of 
part A for fiscal year 2009, together with the amount of 
this additional funding, is not less than 92.4 percent of 
the amount of such area’s total funding under part A for 
fiscal year 2006: Provided further, That notwithstanding 
section 2603(c)(1) of the PHS Act, the additional funding 
to areas under the immediately preceding proviso, which 
may be used for costs incurred during fiscal year 2009,
shall be available to the area for obligation from the date 
of the award through the end of the grant year for the 
award: Provided further, That $835,000,000 shall be for 
State AIDS Drug Assistance Programs authorized by sec-
tion 2616 of the PHS Act: Provided further, That in addi-
tion to amounts provided herein, $25,000,000 shall be 
available from amounts available under section 241 of the 
PHS Act to carry out parts A, B, C, and D of title XXVI 
of the PHS Act to fund section 2691 Special Projects of 
National Significance: Provided further, That notwith-
standing section 703 of Public Law 109–415, authority 
to carry out title XXVI of the PHS Act shall continue 
in effect until October 1, 2010, unless prior to that date, 
authorization is enacted into law otherwise extending this 
authority: Provided further, That notwithstanding sections 
502(a)(1) and 502(b)(1) of the Social Security Act, not 
to exceed $92,649,000 shall be available for carrying out 
special projects of regional and national significance pur-
suant to section 501(a)(2) of such Act and $10,400,000 
shall be available for projects described in paragraphs (A) 
through (F) of section 501(a)(3) of such Act: Provided 
further, That notwithstanding section 747(e)(2) of the 
PHS Act, not less than $5,000,000 shall be for general 
dentistry programs, not less than $5,000,000 shall be for 
pediatric dentistry programs including faculty loan repay-
ment, and not less than $29,025,000 shall be for family 
medicine programs: Provided further, That funds provided 
under section 846 and subpart 3 of part D of title III 
of the PHS Act may be used to make prior year adjust-
ments to awards made under these sections: Provided fur-
ther, That of the amount appropriated in this paragraph, 
$179,330,000 shall be used for the projects financing the 
construction and renovation (including equipment) of 
health care and other facilities and for other health-related 
activities, and in the amounts, specified under the heading 
‘‘Health Resources and Services’’ in the report of the 
Committee on Appropriations of the House of Representa-
tives to accompany this Act, and of which up to one per-
cent of the amount for each project may be used for re-
lated agency administrative expenses: Provided further, 
That notwithstanding section 338J(k) of the PHS Act, 
$9,700,000 shall be available for State Offices of Rural 
Health: Provided further, That of the funds provided, 
$15,000,000 shall be available for the Small Rural Hos-
pital Improvement Grant Program for quality improve-
ment and adoption of health information technology: Pro-
vided further, That $75,000,000 shall be available for 
State Health Access Grants to expand access to affordable 
health care coverage for the uninsured populations in such 
States.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM 
ACCOUNT 
Such sums as may be necessary to carry out the pur-
pose of the program, as authorized by title VII of the Pub-
lic Health Service Act (‘‘PHS Act’’). For administrative 
expenses to carry out the guaranteed loan program, in-
cluding section 709 of the PHS Act, $2,847,000. 
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND 
For payments from the Vaccine Injury Compensation 
Program Trust Fund (‘‘Trust Fund’’), such sums as may 
be necessary for claims associated with vaccine-related in-
jury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI 
of the Public Health Service Act, to remain available until 
expended: Provided, That for necessary administrative ex-
penses, not to exceed $6,502,000 shall be available from 
the Trust Fund to the Secretary of Health and Human 
Services. 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
DISEASE CONTROL, RESEARCH, AND TRAINING 
To carry out titles II, III, VII, XI, XV, XVII, XIX, 
XXI, and XXVI of the Public Health Service Act (‘‘PHS 
Act’’), sections 101, 102, 103, 201, 202, 203, 301, 501, 
and 514 of the Federal Mine Safety and Health Act of 
1977, section 13 of the Mine Improvement and New
(d) shall be allocated as though the total appropriation 
for such payments for fiscal year 2010 was less than 
$1,975,000,000: Provided further, That notwithstanding 
section 2605(b)(2)(B)(ii) of such Act, a State may use any 
amount of an allotment from prior appropriations Acts 
that is available to that State for providing assistance in 
fiscal year 2010, and any allotment from funds appro-
priated in this Act or any other appropriations Act for 
fiscal year 2010, to provide assistance to households whose 
income does not exceed 75 percent of the State median 
income. 
REFUGEE AND ENTRANT ASSISTANCE 
For necessary expenses for refugee and entrant as-
sistance activities authorized by section 414 of the Immi-
gration and Nationality Act and section 501 of the Ref-
ugee Education Assistance Act of 1980, for carrying out 
section 462 of the Homeland Security Act of 2002, section 
235 of the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008, and the Trafficking 
Victims Protection Act of 2000, for costs associated with 
the care and placement of unaccompanied alien children, 
and for carrying out the Torture Victims Relief Act of 
1998, $714,968,000, of which up to $9,814,000 shall be 
available to carry out the Trafficking Victims Protection 
Act of 2000: Provided, That funds appropriated under this