IB 
Union Calendar No. 120 
111TH CONGRESS 
1ST SESSION H. R. 3293 
[Report No. 111–220] 
Making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2009 
Mr. OBEY, from the Committee on Appropriations, reported the following bill; 
which was committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
A BILL 
Making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2010, and 
for other purposes. 
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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: 
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(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; 
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(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; 
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(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-
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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; 
(3) for national activities, $380,083,000, as fol-
lows: 
(A) $66,990,000 for Pilots, Demonstra-
tions, and Research, which shall be available for 
the period April 1, 2010 through June 30, 
2011, of which $35,000,000 shall be for Transi-
tional Jobs activities, and shall not be subject 
to the requirements of section 171(b)(2)(B) or 
171(c)(4)(D) of the WIA, and that a sufficient 
portion of these funds shall be for an evaluation 
of the program; and of which $5,500,000 shall 
be for competitive grants to address the em-
ployment and training needs of young parents, 
and shall not be subject to the requirements of 
section 171(b)(2)(B) or 171(c)(4)(D) of the 
WIA; and of which $24,490,000 shall be used 
for the projects, and in the amounts, specified 
under the heading ‘‘Training and Employment 
Services’’ in the report of the Committee on Ap-
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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 
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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, 
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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-
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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 
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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 
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