607 
the Public Health Service Act, and section 119 of the 
Medicare Improvements for Patients and Providers Act of 
2008, $1,491,343,000, of which $5,500,000 shall be avail-
able for activities regarding medication management, 
screening, and education to prevent incorrect medication 
and adverse drug reactions: Provided, That $5,123,000 
shall be used for the projects, and in the amounts, speci-
fied under the heading ‘‘Aging Services Programs’’ in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act). 
OFFICE OF THE SECRETARY 
GENERAL DEPARTMENTAL MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses, not otherwise provided, for 
general departmental management, including hire of six 
sedans, and for carrying out titles III, XVII, XX, XXI, 
and XXIX of the Public Health Service Act (‘‘PHS Act’’), 
the United States-Mexico Border Health Commission Act, 
and research studies under section 1110 of the Social Se-
curity Act, $389,925,000, together with $5,851,000 to be 
transferred and expended as authorized by section 
201(g)(1) of the Social Security Act from the Federal 
Hospital Insurance Trust Fund and the Federal Supple-
mentary Medical Insurance Trust Fund, and $46,756,000 
from the amounts available under section 241 of the PHS
608 
Act to carry out national health or human services re-
search and evaluation activities: Provided, That of this 
amount, $51,891,000 shall be for minority AIDS preven-
tion and treatment activities; $5,789,000 shall be to assist 
Afghanistan in the development of maternal and child 
health clinics, consistent with section 103(a)(4)(H) of the 
Afghanistan Freedom Support Act of 2002; and 
$1,000,000 shall be transferred, not later than 30 days 
after enactment of this Act, to the National Institute of 
Mental Health to administer the Interagency Autism Co-
ordinating Committee: Provided further, That of the funds 
made available under this heading for carrying out title 
XX of the PHS Act, $13,120,000 shall be for activities 
specified under section 2003(b)(2), all of which shall be 
for prevention service demonstration grants under section 
510(b)(2) of title V of the Social Security Act without ap-
plication of the limitation of section 2010(c) of such title 
XX: Provided further, That funds provided in this Act for 
embryo adoption activities may be used to provide, to indi-
viduals adopting embryos, through grants and other mech-
anisms, medical and administrative services deemed nec-
essary for such adoptions: Provided further, That such 
services shall be provided consistent with 42 CFR 
59.5(a)(4): Provided further, That $2,854,000 shall be 
used for the projects, and in the amounts, specified under
609 
the heading ‘‘General Departmental Management’’ in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act): Provided 
further, That specific information requests from the chair-
men and ranking members of the Subcommittees on 
Labor, Health and Human Services, and Education, and 
Related Agencies, on scientific research or any other mat-
ter, shall be transmitted to the Committees on Appropria-
tions of the House of Representatives and the Senate 
(‘‘Committees on Appropriations’’) in a prompt, profes-
sional manner and within the time frame specified in the 
request: Provided further, That scientific information, in-
cluding such information provided in congressional testi-
mony, requested by the Committees on Appropriations and 
prepared by government researchers and scientists shall 
be transmitted to the Committees on Appropriations, un-
censored and without delay. 
OFFICE OF MEDICARE HEARINGS AND APPEALS 
For expenses necessary for administrative law judges 
responsible for hearing cases under title XVIII of the So-
cial Security Act (and related provisions of title XI of such 
Act), $64,604,000, to be transferred in appropriate part 
from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund.
610 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
For expenses necessary for the Office of the National 
Coordinator for Health Information Technology, including 
grants, contracts, and cooperative agreements for the de-
velopment and advancement of interoperable health infor-
mation technology, $43,552,000: Provided, That in addi-
tion to amounts provided herein, $17,679,000 shall be 
available from amounts available under section 241 of the 
Public Health Service Act. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector 
General, including the hire of passenger motor vehicles for 
investigations, in carrying out the provisions of the Inspec-
tor General Act of 1978, $45,279,000: Provided, That of 
such amount, necessary sums shall be available for pro-
viding protective services to the Secretary of Health and 
Human Services and investigating non-payment of child 
support cases for which non-payment is a Federal offense 
under 18 U.S.C. 228: Provided further, That at least forty 
percent of the funds provided in this Act for the Office 
of Inspector General shall be used only for investigations, 
audits, and evaluations pertaining to the discretionary 
programs funded in this Act.
611 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, $36,785,000, together with not to exceed 
$3,314,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the 
Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR 
COMMISSIONED OFFICERS 
For retirement pay and medical benefits of Public 
Health Service Commissioned Officers as authorized by 
law, for payments under the Retired Serviceman’s Family 
Protection Plan and Survivor Benefit Plan, and for med-
ical care of dependents and retired personnel under the 
Dependents’ Medical Care Act, such amounts as may be 
required during the current fiscal year. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to support activities related 
to countering potential biological, nuclear, radiological and 
chemical threats to civilian populations, and for other pub-
lic health emergencies, $537,704,000, of which not to ex-
ceed $22,052,000 shall be to pay the costs described in
612 
section 319F–2(c)(7)(B) of the Public Health Service Act 
(‘‘PHS Act’’). 
For expenses necessary to support advanced research 
and development pursuant to section 319L of the PHS 
Act, $275,000,000, to be derived by transfer from funds 
appropriated under the heading ‘‘Biodefense Counter-
measures’’ in the Department of Homeland Security Ap-
propriations Act, 2004, to remain available through Sep-
tember 30, 2010. 
For expenses necessary to prepare for and respond 
to an influenza pandemic, $448,091,000, together with 
$137,000,000 to be derived by transfer from funds appro-
priated under the heading ‘‘Biodefense Countermeasures’’ 
in the Department of Homeland Security Appropriations 
Act, 2004, of which $507,000,000 shall be available until 
expended, for activities including the development and 
purchase of vaccine, antivirals, necessary medical supplies, 
diagnostics, and other surveillance tools: Provided, That 
products purchased with these funds may, at the discre-
tion of the Secretary of Health and Human Services, be 
deposited in the Strategic National Stockpile under section 
319F–2 of the PHS Act: Provided further, That notwith-
standing section 496(b) of the PHS Act, funds may be 
used for the construction or renovation of privately owned 
facilities for the production of pandemic influenza vaccines
613 
and other biologics, if the Secretary finds such construc-
tion or renovation necessary to secure sufficient supplies 
of such vaccines or biologics: Provided further, That funds 
appropriated herein may be transferred to other appro-
priation accounts of the Department of Health and 
Human Services, as determined by the Secretary to be ap-
propriate, to be used for the purposes specified in this 
paragraph. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be 
available for not to exceed $50,000 for official reception 
and representation expenses when specifically approved by 
the Secretary of Health and Human Services. 
SEC. 202. The Secretary of Health and Human Serv-
ices shall make available through assignment not more 
than 60 employees of the Public Health Service to assist 
in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for Inter-
national Development, the United Nations International 
Children’s Emergency Fund or the World Health Organi-
zation. 
SEC. 203. None of the funds appropriated in this Act 
for the National Institutes of Health, the Agency for 
Healthcare Research and Quality, and the Substance 
Abuse and Mental Health Services Administration shall
614 
be used to pay the salary of an individual, through a grant 
or other extramural mechanism, at a rate in excess of Ex-
ecutive Level I. 
SEC. 204. None of the funds appropriated in this Act 
may be expended pursuant to section 241 of the Public 
Health Service Act, except for funds specifically provided 
for in this Act, or for other taps and assessments made 
by any office located in the Department of Health and 
Human Services, prior to the preparation and submission 
of a report by the Secretary of Health and Human Serv-
ices to the Committees on Appropriations of the House 
of Representatives and the Senate detailing the planned 
uses of such funds. 
SEC. 205. Notwithstanding section 241(a) of the 
Public Health Service Act, such portion as the Secretary 
of Health and Human Services shall determine, but not 
more than 2.4 percent, of any amounts appropriated for 
programs authorized under such Act shall be made avail-
able for the evaluation (directly, or by grants or contracts) 
of the implementation and effectiveness of such programs. 
(TRANSFER OF FUNDS) 
SEC. 206. Not to exceed 1 percent of any 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 
Health and Human Services in this Act may be trans-
615 
ferred between a program, project, or activity, but no such 
program, project, or activity shall be increased by more 
than 3 percent by any such transfer: Provided, That the 
transfer authority granted by this section shall be avail-
able only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activ-
ity for which no funds are provided in this Act: Provided 
further, That the Committees on Appropriations of the 
House of Representatives and the Senate are notified at 
least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 207. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS 
Research, may transfer up to 3 percent among institutes 
and centers from the total amounts identified by these two 
Directors as funding for research pertaining to the human 
immunodeficiency virus: Provided, That the Committees 
on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any 
transfer. 
(TRANSFER OF FUNDS) 
SEC. 208. Of the amounts made available in this Act 
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as 
jointly determined by the Director of the National Insti-
tutes of Health and the Director of the Office of AIDS
616 
Research, shall be made available to the ‘‘Office of AIDS 
Research’’ account. The Director of the Office of AIDS 
Research shall transfer from such account amounts nec-
essary to carry out section 2353(d)(3) of the Public 
Health Service Act. 
SEC. 209. None of the funds appropriated in this Act 
may be made available to any entity under title X of the 
Public Health Service Act unless the applicant for the 
award certifies to the Secretary of Health and Human 
Services that it encourages family participation in the de-
cision of minors to seek family planning services and that 
it provides counseling to minors on how to resist attempts 
to coerce minors into engaging in sexual activities. 
SEC. 210. Notwithstanding any other provision of 
law, no provider of services under title X of the Public 
Health Service Act shall be exempt from any State law 
requiring notification or the reporting of child abuse, child 
molestation, sexual abuse, rape, or incest. 
SEC. 211. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be 
used to carry out the Medicare Advantage program if the 
Secretary of Health and Human Services denies participa-
tion in such program to an otherwise eligible entity (in-
cluding a Provider Sponsored Organization) because the 
entity informs the Secretary that it will not provide, pay
617 
for, provide coverage of, or provide referrals for abortions: 
Provided, That the Secretary shall make appropriate pro-
spective adjustments to the capitation payment to such an 
entity (based on an actuarially sound estimate of the ex-
pected costs of providing the service to such entity’s enroll-
ees): Provided further, That nothing in this section shall 
be construed to change the Medicare program’s coverage 
for such services and a Medicare Advantage organization 
described in this section shall be responsible for informing 
enrollees where to obtain information about all Medicare 
covered services. 
SEC. 212. (a) Except as provided by subsection (e) 
none of the funds appropriated by this Act may be used 
to withhold substance abuse funding from a State pursu-
ant to section 1926 of the Public Health Service Act if 
such State certifies to the Secretary of Health and Human 
Services by May 1, 2009, that the State will commit addi-
tional State funds, in accordance with subsection (b), to 
ensure compliance with State laws prohibiting the sale of 
tobacco products to individuals under 18 years of age. 
(b) The amount of funds to be committed by a State 
under subsection (a) shall be equal to 1 percent of such 
State’s substance abuse block grant allocation for each 
percentage point by which the State misses the retailer
618 
compliance rate goal established by the Secretary under 
section 1926 of such Act. 
(c) The State is to maintain State expenditures in 
fiscal year 2009 for tobacco prevention programs and for 
compliance activities at a level that is not less than the 
level of such expenditures maintained by the State for fis-
cal year 2008, and adding to that level the additional 
funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Sec-
retary on all fiscal year 2008 State expenditures and all 
fiscal year 2009 obligations for tobacco prevention and 
compliance activities by program activity by July 31, 
2009. 
(d) The Secretary shall exercise discretion in enforc-
ing the timing of the State obligation of the additional 
funds required by the certification described in subsection 
(a) as late as July 31, 2009. 
(e) None of the funds appropriated by this Act may 
be used to withhold substance abuse funding pursuant to 
section 1926 of the Public Health Service Act from a terri-
tory that receives less than $1,000,000. 
SEC. 213. In order for the Department of Health and 
Human Services to carry out international health activi-
ties, including HIV/AIDS and other infectious disease,
619 
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2009: 
(1) The Secretary of Health and Human Serv-
ices may exercise authority equivalent to that avail-
able to the Secretary of State in section 2(c) of the 
State Department Basic Authorities Act of 1956. 
The Secretary of Health and Human Services shall 
consult with the Secretary of State and relevant 
Chief of Mission to ensure that the authority pro-
vided in this section is exercised in a manner con-
sistent with section 207 of the Foreign Service Act 
of 1980 and other applicable statutes administered 
by the Department of State. 
(2) The Secretary of Health and Human Serv-
ices is authorized to provide such funds by advance 
or reimbursement to the Secretary of State as may 
be necessary to pay the costs of acquisition, lease, 
alteration, renovation, and management of facilities 
outside of the United States for the use of the De-
partment of Health and Human Services. The De-
partment of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that 
the Department of Health and Human Services has 
secure, safe, functional facilities that comply with 
applicable regulation governing location, setback,
620 
and other facilities requirements and serve the pur-
poses established by this Act. The Secretary of 
Health and Human Services is authorized, in con-
sultation with the Secretary of State, through grant 
or cooperative agreement, to make available to pub-
lic or nonprofit private institutions or agencies in 
participating foreign countries, funds to acquire, 
lease, alter, or renovate facilities in those countries 
as necessary to conduct programs of assistance for 
international health activities, including activities re-
lating to HIV/AIDS and other infectious diseases, 
chronic and environmental diseases, and other health 
activities abroad. 
SEC. 214. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes of Health (‘‘Director’’) may use funds available 
under section 402(b)(7) or 402(b)(12) of the Public 
Health Service Act (‘‘PHS Act’’) to enter into trans-
actions (other than contracts, cooperative agreements, or 
grants) to carry out research identified pursuant to such 
section 402(b)(7) (pertaining to the Common Fund) or re-
search and activities described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director may utilize such peer 
review procedures (including consultation with appropriate
621 
scientific experts) as the Director determines to be appro-
priate to obtain assessments of scientific and technical 
merit. Such procedures shall apply to such transactions 
in lieu of the peer review and advisory council review pro-
cedures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the PHS Act. 
SEC. 215. Funds which are available for Individual 
Learning Accounts for employees of the Centers for Dis-
ease Control and Prevention (‘‘CDC’’) and the Agency for 
Toxic Substances and Disease Registry (‘‘ATSDR’’) may 
be transferred to ‘‘Disease Control, Research, and Train-
ing’’, to be available only for Individual Learning Ac-
counts: Provided, That such funds may be used for any 
individual full-time equivalent employee while such em-
ployee is employed either by CDC or ATSDR. 
SEC. 216. Notwithstanding any other provisions of 
law, funds made available in this Act may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408. 
SEC. 217. The Director of the National Institutes of 
Health (‘‘NIH’’) shall require in the current fiscal year 
and thereafter that all investigators funded by the NIH 
submit or have submitted for them to the National Library 
of Medicine’s PubMed Central an electronic version of
622 
their final, peer-reviewed manuscripts upon acceptance for 
publication, to be made publicly available no later than 
12 months after the official date of publication: Provided, 
That the NIH shall implement the public access policy in 
a manner consistent with copyright law. 
SEC. 218. Not to exceed $35,000,000 of funds appro-
priated by this Act to the institutes and centers of the 
National Institutes of Health may be used for alteration, 
repair, or improvement of facilities, as necessary for the 
proper and efficient conduct of the activities authorized 
herein, at not to exceed $2,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 219. Of the amounts made available for the Na-
tional Institutes of Health, 1 percent of the amount made 
available 
for 
National 
Research 
Service 
Awards 
(‘‘NRSA’’) shall be made available to the Administrator 
of the Health Resources and Services Administration to 
make NRSA awards for research in primary medical care 
to individuals affiliated with entities who have received 
grants or contracts under section 747 of the Public Health 
Service Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the 
Agency for Healthcare Research and Quality to make 
NRSA awards for health service research. 
SEC. 220. Section 223 of division G of the Consoli-
dated Appropriations Act, 2008, is amended in its first
623 
proviso by striking ‘‘for’’ the first time it appears and in-
serting ‘‘in’’. 
SEC. 221. (a) IN GENERAL.—Section 1927(c)(1)(D) 
of the Social Security Act (42 U.S.C. § 1396r–8(c)(1)(D)), 
as added by section 6001(d)(2) of the Deficit Reduction 
Act of 2005, is amended— 
(1) in clause (i)— 
(A) by redesignating subclause (IV) as sub-
clause (VI); and 
(B) by inserting after subclause (III) the fol-
lowing: 
‘‘(IV) An entity that— 
‘‘(aa) is described in section 
501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt 
from tax under section 501(a) of 
such Act or is State-owned or op-
erated; and 
‘‘(bb) would be a covered en-
tity 
described 
in 
section 
340(B)(a)(4) 
of 
the 
Public 
Health Service Act insofar as the 
entity provides the same type of 
services to the same type of pop-
ulations as a covered entity de-
624 
scribed in such section provides, 
but does not receive funding 
under a provision of law referred 
to in such section; 
‘‘(V) A public or nonprofit entity, 
or an entity based at an institution of 
higher learning whose primary pur-
pose is to provide health care services 
to students of that institution, that 
provides a service or services de-
scribed under section 1001(a) of the 
Public Health Service Act, 42 U.S.C. 
300.’’. 
(2) by adding at the end the following new 
clause: 
‘‘(iv) RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to alter any existing statutory or 
regulatory prohibition on services with re-
spect to an entity described in clause 
(i)(IV), including the prohibition set forth 
in section 1008 of the Public Health Serv-
ice Act.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this subsection shall take effect as if included in the
625 
amendment made by section 6001(d)(2) of the Deficit Re-
duction Act of 2005. 
SEC. 222. Section 202 of Public Law 102–394 is 
hereby amended by substituting ‘‘4,000’’ for ‘‘2,800’’. 
SEC. 223. Within 60 days of passage of this Act, the 
Secretary of the Department of Health and Human Serv-
ices shall issue an Advanced Notice of Proposed Rule-
making to solicit public comment in advance of modifying 
regulations at 42 CFR Part 50 Subpart F for the purpose 
of strengthening Federal oversight and identifying en-
hancements of policies, including requirements for finan-
cial disclosure to institutions, governing financial conflicts 
of interest among extramural investigators receiving grant 
support from the National Institutes of Health. 
SEC. 224. Hereafter, the activities authorized under 
section 399M of the Public Health Service Act shall be 
known as the ‘‘James T. Walsh Universal Newborn Hear-
ing Screening Program.’’ 
(RESCISSION OF FUNDS) 
SEC. 225. Of the funds available for carrying out sec-
tion 204 of the Ticket to Work and Work Incentives Im-
provement 
Act 
of 
1999 
(Public 
Law 
106–170), 
$21,500,000 are rescinded: Provided, That notwith-
standing subsection (c)(3)(B) of such section, in no case 
may the aggregate amount of payments made by the Sec-
626 
retary of Health and Human Services to States under 
such section exceed $223,500,000. 
SEC. 226. Section 1941(b)(1)(B) of the Social Secu-
rity Act, as added by section 7002(b) of the Supplemental 
Appropriations Act, 2008, is amended by inserting ‘‘each 
of’’ after ‘‘for’’. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2009’’. 
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, 
$15,760,086,000, of which $4,739,881,000 shall become 
available on July 1, 2009, and shall remain available 
through 
September 
30, 
2010, 
and 
of 
which 
$10,841,176,000 shall become available on October 1, 
2009, and shall remain available through September 30, 
2010, for academic year 2009–2010: 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, 2008, to obtain annu-
ally updated local educational-agency-level census poverty
627 
data from the Bureau of the Census: Provided further, 
That $1,365,031,000 shall be for concentration grants 
under section 1124A of the ESEA: Provided further, That 
$3,264,712,000 shall be for targeted grants under section 
1125 
of 
the 
ESEA: 
Provided 
further, 
That 
$3,264,712,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided fur-
ther, That $9,167,000 shall be to carry out sections 1501 
and 1503 of the ESEA. 
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, 
$1,265,718,000, of which $1,128,535,000 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(b) and shall remain avail-
able through September 30, 2010, $66,208,000 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 2008–2009, children enrolled in
628 
a school of such agency that would otherwise be eligible 
for payment under section 8003(a)(1)(B) of such Act, but 
due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children 
reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they 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, $5,362,016,000, of 
which $3,495,865,000 shall become available on July 1, 
2009, and remain available through September 30, 2010, 
and of which $1,681,441,000 shall become available on
629 
October 1, 2009, and shall remain available through Sep-
tember 30, 2010, for academic year 2009–2010: Provided, 
That of the funds available for section 2103(a) of the 
ESEA, $5,000,000 shall be available for a school leader-
ship partnership initiative and up to $7,500,000 shall be 
available for teacher and principal quality national activi-
ties administered by the Secretary of Education, as speci-
fied in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated 
Act): Provided further, That funds made available to carry 
out part B of title VII of the ESEA may be used for con-
struction, renovation and modernization of any elementary 
school, secondary school, or structure related to an ele-
mentary school or secondary school, run by the Depart-
ment of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided 
further, That from the funds referred to in the preceding 
proviso, not less than $1,500,000 shall be for a grant to 
the Department of Education of the State of Hawaii for 
the activities described in such proviso, and $1,500,000 
shall be for a grant to the University of Hawaii School 
of Law for a Center of Excellence in Native Hawaiian law: 
Provided further, That funds made available to carry out 
part C of title VII of the ESEA may be used for construc-
tion: Provided further, That up to 100 percent of the funds
630 
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 $33,791,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, 
That no funds appropriated under this heading may be 
used to carry out section 5494 under the ESEA: Provided 
further, That $17,687,000 shall be available to carry out 
the Supplemental Education Grants program for the Fed-
erated States of Micronesia and the Republic of the Mar-
shall Islands: Provided further, That up to 5 percent of 
these amounts may be reserved by the Federated States 
of Micronesia and the Republic of the Marshall Islands 
to administer the Supplemental Education Grants pro-
grams and to obtain technical assistance, oversight and 
consultancy services in the administration of these grants 
and to reimburse the United States Departments of 
Labor, Health and Human Services, and Education for 
such services: Provided further, That $7,360,000 of the 
funds available for the Foreign Language Assistance Pro-
gram shall be available for 5-year grants to local edu-
cational agencies that would work in partnership with one 
or more institutions of higher education to establish or ex-
631 
pand articulated programs of study in languages critical 
to United States national security that will enable success-
ful 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, $122,282,000. 
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, 
$996,425,000: Provided, That $10,649,000 shall be pro-
vided to the National Board for Professional Teaching 
Standards to carry out section 2151(c), including 
$1,000,000 to develop a National Board certification for 
principals of elementary and secondary schools: Provided 
further, That from funds for subpart 4, part C of title 
II, up to 3 percent shall be available to the Secretary of 
Education for technical assistance and dissemination of 
information: Provided further, That $347,640,000 shall be 
available to carry out part D of title V: Provided further, 
That $88,015,000 shall be used for the projects, and in
632 
the amounts, specified under the heading ‘‘Innovation and 
Improvement’’ in the explanatory statement described in 
section 4 (in the matter preceding division A of this con-
solidated Act): Provided further, That $97,270,000 of the 
funds for subpart 1 shall be for competitive grants to local 
educational agencies, including charter schools that are 
local educational agencies, or States, or partnerships of: 
(1) a local educational agency, a State, or both; and (2) 
at least one non-profit organization to develop and imple-
ment performance-based teacher and principal compensa-
tion systems in high-need schools: Provided further, That 
such performance-based compensation systems must con-
sider 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 of the funds available for part B of 
title V, the Secretary shall use up to $21,031,000 to carry 
out activities under section 5205(b) and under subpart 2, 
and shall use not less than $195,000,000 to carry out 
other activities authorized under subpart 1.
633 
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, 
3 and 10 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965, $690,370,000, of which 
$294,759,000 shall become available on July 1, 2009, and 
remain available through September 30, 2010: Provided, 
That $294,759,000 shall be available for subpart 1 of part 
A of title IV and $220,240,000 shall be available for sub-
part 2 of part A of title IV: Provided further, That 
$141,912,000 shall be available to carry out part D of 
title V: Provided further, That of the funds available to 
carry out subpart 3 of part C of title II, up to $13,383,000 
may be used to carry out section 2345 and $2,957,000 
shall be used by the Center for Civic Education to imple-
ment a comprehensive program to improve public knowl-
edge, understanding, and support of the Congress and the 
State legislatures. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the Elementary 
and Secondary Education Act of 1965, $730,000,000, 
which shall become available on July 1, 2009, and shall 
remain available through September 30, 2010, except that 
6.5 percent of such amount shall be available on October 
1, 2008, and shall remain available through September 30,
634 
2010, to carry out activities under section 3111(c)(1)(C): 
Provided, That the Secretary of Education shall use the 
American Community Survey child counts to calculate 
State allocations under such part but, for any State that 
would otherwise receive greater than a 10-percent reduc-
tion from its previous year’s allocation, the Secretary shall 
carry out such calculation using the average of the Amer-
ican Community Survey child counts for the 3 most recent 
years. 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (‘‘IDEA’’) and the Special Olympics Sport 
and Empowerment Act of 2004, $12,579,677,000, of 
which $3,726,354,000 shall become available on July 1, 
2009, and shall remain available through September 30, 
2010, and of which $8,592,383,000 shall become available 
on October 1, 2009, and shall remain available through 
September 30, 2010, for academic year 2009–2010: Pro-
vided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, pro-
duction, and circulation of recorded educational materials: 
Provided further, That $737,000 shall be for the recipient 
of funds provided by Public Law 105–78 under section 
687(b)(2)(G) of the IDEA (as in effect prior to the enact-
ment of the Individuals with Disabilities Education Im-
635 
provement Act of 2004) to provide information on diag-
nosis, intervention, and teaching strategies for children 
with disabilities: Provided further, That the amount for 
section 611(b)(2) of the IDEA shall be equal to the lesser 
of the amount available for that activity during fiscal year 
2008, increased by the amount of inflation as specified 
in section 619(d)(2)(B) of the IDEA, or the percentage 
increase in the funds appropriated under section 611(i) 
of the IDEA: Provided further, That funds made available 
for the Special Olympics Sport and Empowerment Act of 
2004 may be used to support expenses associated with the 
Special Olympics National and World games hosted in the 
United States. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998, and the Helen Keller National Center 
Act, $3,387,762,000: Provided, That $3,088,000 shall be 
used for the projects, and in the amounts, specified under 
the heading ‘‘Rehabilitation Services and Disability Re-
search’’ in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated 
Act).
636 
SPECIAL INSTITUTIONS FOR PERSONS WITH 
DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, 
$22,599,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf 
under titles I and II of the Education of the Deaf Act 
of 1986, $64,212,000, of which $1,175,000 shall be for 
construction and shall remain available until expended: 
Provided, That from the total amount available, the Insti-
tute may at its discretion use funds for the endowment 
program as authorized under section 207 of such Act. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, 
the Model Secondary School for the Deaf, and the partial 
support of Gallaudet University under titles I and II of 
the Education of the Deaf Act of 1986, $124,000,000, of 
which $6,000,000 shall be for construction and shall re-
main available until expended: Provided, That from the 
total amount available, the University may at its discre-
tion use funds for the endowment program as authorized 
under section 207 of such Act. 
CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Career and Technical Edu-
637 
cation Act of 2006, the Adult Education and Family Lit-
eracy Act, subpart 4 of part D of title V of the Elementary 
and Secondary Education Act of 1965 (‘‘ESEA’’) and title 
VIII–D of the Higher Education Amendments of 1998, 
$1,944,348,000, of which $4,400,000 shall become avail-
able on October 1, 2008 and remain available until Sep-
tember 30, 2010, of which $1,148,948,000 shall become 
available on July 1, 2009, and shall remain available 
through September 30, 2010, and of which $791,000,000 
shall become available on October 1, 2009, and shall re-
main available through September 30, 2010: Provided, 
That of the amount provided for Adult Education State 
Grants, $67,896,000 shall be made available for inte-
grated English literacy and civics education services to im-
migrants and other limited English proficient populations: 
Provided further, That of the amount reserved for inte-
grated English literacy and civics education, notwith-
standing section 211 of the Adult Education and Family 
Literacy Act, 65 percent shall be allocated to States based 
on a State’s absolute need as determined by calculating 
each State’s share of a 10-year average of the United 
States Citizenship and Immigration Services data for im-
migrants admitted for legal permanent residence for the 
10 most recent years, and 35 percent allocated to States 
that experienced growth as measured by the average of
638 
the 3 most recent years for which United States Citizen-
ship and Immigration Services data for immigrants admit-
ted for legal permanent residence are available, except 
that no State shall be allocated an amount less than 
$60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy 
Act, $6,878,000 shall be for national leadership activities 
under section 243 and $6,468,000 shall be for the Na-
tional Institute for Literacy under section 242: Provided 
further, That $88,000,000 shall be available to support the 
activities authorized under subpart 4 of part D of title 
V of the ESEA, of which up to 5 percent shall become 
available October 1, 2008, and shall remain available 
through September 30, 2010, for evaluation, technical as-
sistance, school networks, peer review of applications, and 
program outreach activities, and of which not less than 
95 percent shall become available on July 1, 2009, and 
remain available through September 30, 2010, for grants 
to local educational agencies: Provided further, That funds 
made available to local educational agencies under this 
subpart shall be used only for activities related to estab-
lishing smaller learning communities within large high 
schools or small high schools that provide alternatives for 
students enrolled in large high schools.
639 
STUDENT FINANCIAL ASSISTANCE 
(INCLUDING DEFERRAL OF FUNDS) 
For carrying out subparts 1, 3, and 4 of part A, part 
C and part E of title IV of the Higher Education Act of 
1965, $19,156,973,000, which shall remain available 
through September 30, 2010. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2009–2010 shall be $4,860. 
Of 
the 
funds 
made 
available 
under 
section 
401A(e)(1)(D) of the Higher Education Act of 1965, 
$887,000,000 shall not be available until October 1, 2009. 
STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part 
D of title I, and subparts 1, 3, and 4 of part A, and parts 
B, C, D, and E of title IV of the Higher Education Act 
of 1965, $753,402,000, which shall remain available until 
expended. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, titles II, III, IV, V, VI, and VII of the Higher Edu-
cation Act of 1965 (‘‘HEA’’), section 1543 of the Higher 
Education Amendments of 1992, the Mutual Educational 
and Cultural Exchange Act of 1961, title VIII of the 
Higher Education Amendments of 1998, part I of subtitle 
A of title VI of the America COMPETES Act, section 515
640 
of the Federal Mine Safety and Health Act of 1977, and 
section 117 of the Carl D. Perkins Career and Technical 
Education Act of 2006, $2,100,150,000: Provided, That 
$9,687,000, to remain available through September 30, 
2010, shall be available to fund fellowships for academic 
year 2010–2011 under subpart 1 of part A of title VII 
of the HEA, under the terms and conditions of such sub-
part 1: Provided further, That $609,000 shall be for data 
collection and evaluation activities for programs under the 
HEA, including such activities needed to comply with the 
Government Performance and Results Act of 1993: Pro-
vided further, That notwithstanding any other provision 
of law, funds made available in this Act to carry out title 
VI of the HEA and section 102(b)(6) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 may be used 
to support visits and study in foreign countries by individ-
uals who are participating in advanced foreign language 
training and international studies in areas that are vital 
to United States national security and who plan to apply 
their language skills and knowledge of these countries in 
the fields of government, the professions, or international 
development: Provided further, That of the funds referred 
to in the preceding proviso up to 1 percent may be used 
for program evaluation, national outreach, and informa-
tion dissemination activities: Provided further, That up to
641 
$6,556,000 shall be available to continue funding for re-
cipients of multi-year awards under section 204 of the 
HEA, as that Act was in effect prior to the date of enact-
ment 
of 
the 
Higher 
Education 
Opportunity 
Act 
(‘‘HEOA’’), in accordance with the terms of their awards: 
Provided further, That notwithstanding any other provi-
sion of law, funds available under section 371 of the HEA 
for Tribal Colleges and Universities may be used for con-
struction grants, including such funds to recipients of con-
tinuation grants for multi-year awards that were made in 
fiscal year 2008 under section 316 of the HEA, as that 
Act was in effect prior to the date of enactment of the 
HEOA, in accordance with the terms of such multi-year 
awards: Provided further, That notwithstanding any other 
provision of law, a recipient of a multi-year award under 
section 316 of the HEA, as that section was in effect prior 
to the date of enactment of the HEOA, that would have 
otherwise received a continuation award for fiscal year 
2009 under that section, shall receive under section 316, 
as amended by the HEOA, not less than the amount that 
such recipient would have received under such a continu-
ation award: Provided further, That the portion of the 
funds received under section 316 by a recipient described 
in the preceding proviso that is equal to the amount of 
such continuation award shall be used in accordance with
642 
the terms of such continuation award: Provided further, 
That $1,000,000, to remain available until expended, shall 
be available to carry out a scholarship program for the 
purpose of increasing the skilled workforce for industrial 
health and safety occupations, including mine safety: Pro-
vided further, That the Secretary of Education shall iden-
tify these scholarships as ‘‘Erma Byrd Scholarships’’: Pro-
vided further, That such scholarships shall be awarded 
without regard to an applicant’s prior work experience, 
but the Secretary shall, notwithstanding section 437 of the 
General Education Provisions Act and 5 U.S.C. 553, by 
notice in the Federal Register, establish the eligibility re-
quirements, service obligations, payback requirements, 
and other program requirements similar to those specified 
in section 515 of the Federal Mine Safety and Health Act 
as are necessary to implement such a program: Provided 
further, That such scholarship funds may be used to re-
place a student’s expected family contribution, but institu-
tions accepting such scholarship funds may not use these 
funds to supplant existing institutional aid: Provided fur-
ther, That the Secretary shall be authorized to accept con-
tributions for such scholarships from private sources: Pro-
vided further, That these funds shall be used for scholar-
ships for academic year 2009–2010 and may be available 
for scholarships in academic year 2010–2011: Provided
643 
further, That $91,243,000 shall be used for the projects, 
and in the amounts, specified under the heading ‘‘Higher 
Education’’ in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consoli-
dated Act). 
HOWARD UNIVERSITY 
For 
partial 
support 
of 
Howard 
University, 
$234,977,000, of which not less than $3,464,000 shall be 
for a matching endowment grant pursuant to the Howard 
University Endowment Act and shall remain available 
until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS 
PROGRAM 
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section 
121 of the Higher Education Act of 1965, $461,000. 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY 
CAPITAL FINANCING PROGRAM ACCOUNT 
Notwithstanding the limitations contained in section 
344(a) of the Higher Education Act of 1965 (‘‘HEA’’), 
the aggregate principal amount of outstanding bonds in-
sured under the Historically Black College and University 
Capital Financing Program is authorized to equal but not 
exceed $725,000,000, which may be used for loans to pub-
lic and private historically black colleges and universities
644 
without regard to paragraphs (1) and (2) of section 
344(a). 
For the cost of guaranteed loans, $10,000,000, as au-
thorized pursuant to Part D of title III of the HEA: Pro-
vided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974: Provided further, That 
these funds are available to subsidize total loan principal, 
any part of which is to be guaranteed, not to exceed 
$100,000,000. In addition, for administrative expenses to 
carry out the Historically Black College and University 
Capital Financing Program entered into pursuant to part 
D of title III of the HEA, $354,000. 
INSTITUTE OF EDUCATION SCIENCES 
For carrying out activities authorized by the Edu-
cation Sciences Reform Act of 2002, the National Assess-
ment of Educational Progress Authorization Act, section 
208 of the Educational Technical Assistance Act of 2002, 
and section 664 of the Individuals with Disabilities Edu-
cation Act, $617,175,000, of which $312,241,000 shall be 
available until September 30, 2010: Provided, That funds 
available to carry out section 208 of the Educational Tech-
nical Assistance Act may be used for Statewide data sys-
tems that include postsecondary and workforce informa-
tion: Provided further, That up to $5,000,000 of the funds
645 
available to carry out section 208 of the Educational Tech-
nical Assistance Act may be used for State data coordina-
tors and for awards to public or private organizations or 
agencies to improve data coordination. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of three passenger motor vehicles, 
$433,482,000, of which $5,400,000, to remain available 
until expended, shall be for relocation of, and renovation 
of buildings occupied by, Department staff. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, as authorized by section 203 of the Department 
of Education Organization Act, $96,826,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department 
of Education Organization Act, $54,539,000. 
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
646 
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-
tering. The prohibition described in this section does not 
include the establishment of magnet schools. 
SEC. 303. No funds appropriated in this Act may be 
used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 304. 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 Department of Education in this Act may
647 
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any 
such transfer: Provided, That the transfer authority 
granted by this section shall be available only to meet 
emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no 
funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Represent-
atives and the Senate are notified at least 15 days in ad-
vance of any transfer. 
SEC. 305. The signature pages submitted by Heart 
Butte School District in Pondera County, Montana, as 
part of its application for Impact Aid under title VIII of 
the Elementary and Secondary Education Act of 1965, 
shall be considered to have been timely and complete for 
purposes of receiving funding under such program for fis-
cal year 2009. 
SEC. 306. The Outlying Areas may consolidate funds 
received under this Act as well as any remaining funds 
received under the Department of Education Appropria-
tions Act, 2008, pursuant to 48 U.S.C. 1469a, under part 
A of title V of the Elementary and Secondary Education 
Act. 
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2009’’.
648 
TITLE IV 
RELATED AGENCIES 
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE 
BLIND OR SEVERELY DISABLED 
SALARIES AND EXPENSES 
For expenses necessary for the Committee for Pur-
chase From People Who Are Blind or Severely Disabled 
established by Public Law 92–28, $5,094,000. 
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
OPERATING EXPENSES 
For necessary expenses for the Corporation for Na-
tional and Community Service to carry out the Domestic 
Volunteer Service Act of 1973 (‘‘1973 Act’’) and the Na-
tional and Community Service Act of 1990 (‘‘1990 Act’’), 
$680,564,000, of which $309,835,000 shall be to carry 
out the 1973 Act and $370,729,000 shall be to carry out 
the 1990 Act: Provided, That $27,500,000 of the amount 
provided under this heading shall be available to carry out 
subtitle E of the 1990 Act at five campuses throughout 
the United States: Provided further, That up to 1 percent 
of program grant funds may be used to defray the costs 
of conducting grant application reviews, including the use 
of outside peer reviewers and electronic management of 
the grants cycle: Provided further, That none of the funds 
made available under this heading for activities authorized
649 
by section 122 and part E of title II of the 1973 Act shall 
be used to provide stipends or other monetary incentives 
to program participants or volunteer leaders whose in-
comes exceed the income guidelines in subsections 211(e) 
and 213(b) of the 1973 Act: Provided further, That not-
withstanding subtitle H of title I of the 1990 Act, none 
of the funds provided for quality and innovation activities 
shall be used to support salaries and related expenses (in-
cluding travel) attributable to Corporation for National 
and Community Service employees: Provided further, That 
of the amounts provided under this heading: (1) not more 
than $55,000,000 of grants made under subtitle C of the 
1990 Act may be used to administer, reimburse, or sup-
port any national service program authorized under sec-
tion 129(d)(2) of the 1990 Act; and (2) $11,790,000 shall 
be to provide assistance to State commissions on national 
and community service, under section 126(a) of the 1990 
Act and notwithstanding section 501(a)(4) of the 1990 
Act. 
NATIONAL SERVICE TRUST 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for the National Service 
Trust established under subtitle D of title I of the Na-
tional and Community Service Act of 1990 (‘‘1990 Act’’), 
$131,075,000, to remain available until expended: Pro-
650 
vided, That the Corporation for National and Community 
Service may transfer additional funds from the amount 
provided within ‘‘Operating Expenses’’ for grants made 
under subtitle C of the 1990 Act to this appropriation 
upon determination that such transfer is necessary to sup-
port the activities of national service participants and 
after notice is transmitted to the Committees on Appro-
priations of the House of Representatives and the Senate: 
Provided further, That amounts appropriated for or trans-
ferred to the National Service Trust may be invested 
under section 145(b) of the 1990 Act without regard to 
the requirement to apportion funds under 31 U.S.C. 
1513(b). 
SALARIES AND EXPENSES 
For necessary expenses of administration as provided 
under section 501(a)(4) of the National and Community 
Service Act of 1990 and under section 504(a) of the Do-
mestic Volunteer Service Act of 1973, including payment 
of salaries, authorized travel, hire of passenger motor vehi-
cles, the rental of conference rooms in the District of Co-
lumbia, the employment of experts and consultants au-
thorized under 5 U.S.C. 3109, and not to exceed $2,500 
for official reception and representation expenses, 
$71,715,000.
651 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, 
$6,512,000. 
ADMINISTRATIVE PROVISIONS 
SEC. 401. Notwithstanding any other provision of 
law, the term ‘‘qualified student loan’’ with respect to na-
tional service education awards shall mean any loan deter-
mined by an institution of higher education to be nec-
essary to cover a student’s cost of attendance at such in-
stitution and made, insured, or guaranteed directly to a 
student by a State agency, in addition to other meanings 
under section 148(b)(7) of the National and Community 
Service Act of 1990. 
SEC. 402. Notwithstanding any other provision of 
law, funds made available under section 129(d)(5)(B) of 
the National and Community Service Act of 1990 (‘‘1990 
Act’’) to assist entities in placing applicants who are indi-
viduals with disabilities may be provided to any entity that 
receives a grant under section 121 of the 1990 Act. 
SEC. 403. The Corporation for National and Commu-
nity Service (‘‘the Corporation’’) shall make any signifi-
cant changes to program requirements, service delivery or 
policy only through public notice and comment rule-
making. For fiscal year 2009, during any grant selection 
process, an officer or employee of the Corporation shall
652 
not knowingly disclose any covered grant selection infor-
mation regarding such selection, directly or indirectly, to 
any person other than an officer or employee of the Cor-
poration that is authorized by the Corporation to receive 
such information. 
SEC. 404. Professional Corps programs described in 
section 122(a)(8) of the National and Community Service 
Act of 1990 may apply to the Corporation for National 
and Community Service for a waiver of application of sec-
tion 140(c)(2). 
SEC. 405. Notwithstanding 31 U.S.C. 1342, the Cor-
poration for National and Community Service (‘‘the Cor-
poration’’) may solicit and accept the services of organiza-
tions and individuals (other than participants) to assist 
the Corporation in carrying out the duties of the Corpora-
tion under the national service laws: Provided, That an 
individual who provides services under this section shall 
be subject to the same protections and limitations as vol-
unteers under section 196(a) of the National and Commu-
nity Service Act of 1990. 
SEC. 406. Organizations operating projects under the 
AmeriCorps Education Awards Program shall do so with-
out regard to the requirements of sections 121(d) and (e), 
131(e), 132, and 140(a), (d), and (e) of the National and 
Community Service Act of 1990.
653 
SEC. 407. AmeriCorps programs receiving grants 
under the National Service Trust program shall meet an 
overall minimum share requirement of 24 percent for the 
first three years that they receive AmeriCorps funding, 
and thereafter shall meet the overall minimum share re-
quirement as provided in section 2521.60 of title 45, Code 
of Federal Regulations, without regard to the operating 
costs match requirement in section 121(e) or the member 
support Federal share limitations in section 140 of the 
National and Community Service Act of 1990, and subject 
to partial waiver consistent with section 2521.70 of title 
45, Code of Federal Regulations. 
SEC. 408. Notwithstanding any other provision of 
law, formula-based grants to States and territories under 
section 129(a)(1)–(2) of the National and Community 
Service Act of 1990 to operate AmeriCorps programs may 
be made if the application describes proposed positions 
into which participants will be placed, the proposed min-
imum qualifications of such participants, and includes an 
assurance that the State will select national service pro-
grams for subgrants on a competitive basis, and an assur-
ance that the aforementioned information will be provided 
for each subgrant awarded prior to the execution of such 
subgrants.
654 
(TRANSFER OF FUNDS) 
SEC. 409. For fiscal year 2009 and thereafter, in ad-
dition to amounts otherwise provided to the National Serv-
ice Trust, at no later than the end of the fifth fiscal year 
after the fiscal year for which funds are appropriated or 
otherwise made available, unobligated balances of appro-
priations available for grants under the National Service 
Trust Program under subtitle C of title I of the 1990 Act 
during such fiscal year may be transferred to the National 
Service Trust after notice is transmitted to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate, if such funds are initially obligated before 
the expiration of their period of availability. 
SEC. 410. Of the amounts provided in this Act which 
the Corporation for National and Community Service 
(‘‘the Corporation’’) allocates for the provision of assist-
ance under subsections 129(a) and (b) of the National and 
Community Service Act of 1990 (‘‘1990 Act’’), the Cor-
poration shall apply the formula in section 129(a)(1) of 
the 1990 Act in such a manner so as to ensure that each 
State shall receive a minimum of $500,000: Provided, 
That, in no event shall the total amount allotted under 
section 129(a)(1) exceed 331⁄3 percent of the funds allo-
cated by the Corporation for the provision of assistance 
under subsections 129(a) and (b) of the 1990 Act.
655 
SEC. 411. Notwithstanding section 139(b) of the Na-
tional and Community Service Act of 1990 (‘‘1990 Act’’), 
an individual in an approved national service position per-
forming full-time or part-time national service directly re-
lated to disaster relief efforts may continue in that term 
of service for a period of 6 months beyond the periods 
otherwise specified in sections 139(b) and 153(e) of the 
1990 Act or section 104 of the Domestic Volunteer Service 
Act of 1973. Service in an extended term as provided 
under this section shall constitute a single term of service 
for purposes of sections 146(b) and (c) of the 1990 Act. 
SEC. 412. Donations made to the Corporation for Na-
tional and Community Service (‘‘the Corporation’’) under 
section 196 of the National and Community Service Act 
of 1990 (‘‘1990 Act’’) for the purposes of financing pro-
grams and operations under titles I and II of the 1973 
Act or subtitles B, C, D, or E of title I of the 1990 Act 
shall be used to supplement and not supplant current pro-
grams and operations. 
CORPORATION FOR PUBLIC BROADCASTING 
For payment to the Corporation for Public Broad-
casting (‘‘Corporation’’), as authorized by the Commu-
nications Act of 1934, an amount which shall be available 
within limitations specified by that Act, for the fiscal year 
2011, $430,000,000: Provided, That no funds made avail-
656 
able to the Corporation by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment 
for Government officials or employees: Provided further, 
That none of the funds contained in this paragraph shall 
be available or used to aid or support any program or ac-
tivity from which any person is excluded, or is denied ben-
efits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, 
That no funds made available to the Corporation by this 
Act shall be used to apply any political test or qualification 
in selecting, appointing, promoting, or taking any other 
personnel action with respect to officers, agents, and em-
ployees of the Corporation: Provided further, That for fis-
cal year 2009, in addition to the amounts provided above, 
$34,591,000 shall be for costs related to digital program 
production, development, and distribution, associated with 
the transition of public broadcasting to digital broad-
casting, to be awarded as determined by the Corporation 
in consultation with public radio and television licensees 
or permittees, or their designated representatives: Pro-
vided further, That for fiscal year 2009, in addition to the 
amounts provided above, $26,642,000 is available pursu-
ant to section 396(k)(10) of the Communications Act of 
1934 for replacement and upgrade of the public radio 
interconnection system: Provided further, That none of the
657 
funds made available to the Corporation by this Act, divi-
sion G of the Consolidated Appropriations Act, 2008, or 
the Continuing Appropriations Resolution, 2007, shall be 
used to support the Television Future Fund or any similar 
purpose. 
FEDERAL MEDIATION AND CONCILIATION SERVICE 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mediation 
and Conciliation Service (‘‘Service’’) to carry out the func-
tions vested in it by the Labor Management Relations Act, 
1947, including hire of passenger motor vehicles; for ex-
penses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service 
to carry out the functions vested in it by the Civil Service 
Reform Act, $45,476,000: Provided, That notwithstanding 
31 U.S.C. 3302, fees charged, up to full-cost recovery, for 
special training activities and other conflict resolution 
services and technical assistance, including those provided 
to foreign governments and international organizations, 
and for arbitration services shall be credited to and 
merged with this account, and shall remain available until 
expended: Provided further, That fees for arbitration serv-
ices shall be available only for education, training, and 
professional development of the agency workforce: Pro-
vided further, That the Director of the Service is author-
658 
ized to accept and use on behalf of the United States gifts 
of services and real, personal, or other property in the aid 
of any projects or functions within the Director’s jurisdic-
tion. 
FEDERAL MINE SAFETY AND HEALTH REVIEW 
COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mine Safety 
and Health Review Commission, $8,653,000. 
INSTITUTE OF MUSEUM AND LIBRARY SERVICES 
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS 
AND ADMINISTRATION 
For carrying out the Museum and Library Services 
Act of 1996 and the National Museum of African Amer-
ican History and Culture Act, $274,840,000, of which 
$10,737,000 shall be used for the projects, and in the 
amounts, specified under the heading ‘‘Office of Museum 
and Library Services: Grants and Administration’’ in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act): Pro-
vided, That funds may be made available for support 
through inter-agency agreement or grant to commemora-
tive Federal commissions that support museum and li-
brary activities, in partnership with libraries and museums
659 
that are eligible for funding under programs carried out 
by the Institute of Museum and Library Services. 
MEDICARE PAYMENT ADVISORY COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1805 of 
the Social Security Act, $11,403,000, to be transferred to 
this appropriation from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical In-
surance Trust Fund. 
NATIONAL COUNCIL ON DISABILITY 
SALARIES AND EXPENSES 
For expenses necessary for the National Council on 
Disability as authorized by title IV of the Rehabilitation 
Act of 1973, $3,206,000. 
NATIONAL LABOR RELATIONS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, and other laws, 
$262,595,000: Provided, That no part of this appropria-
tion shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investiga-
tions, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in 
section 2(3) of the Act of July 5, 1935, and as amended
660 
by the Labor-Management Relations Act, 1947, and as de-
fined in section 3(f) of the Act of June 25, 1938, and 
including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, 
and waterways when maintained or operated on a mutual, 
nonprofit basis and at least 95 percent of the water stored 
or supplied thereby is used for farming purposes. 
NATIONAL MEDIATION BOARD 
SALARIES AND EXPENSES 
For expenses necessary to carry out the provisions 
of the Railway Labor Act, including emergency boards ap-
pointed by the President, $12,992,000. 
OCCUPATIONAL SAFETY AND HEALTH REVIEW 
COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Occupational Safety 
and Health Review Commission, $11,186,000. 
RAILROAD RETIREMENT BOARD 
DUAL BENEFITS PAYMENTS ACCOUNT 
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $72,000,000, which shall include 
amounts becoming available in fiscal year 2009 pursuant 
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
661 
provided herein, shall be available proportional to the 
amount by which the product of recipients and the average 
benefit received exceeds the amount available for payment 
of vested dual benefits: Provided, That the total amount 
provided herein shall be credited in 12 approximately 
equal amounts on the first day of each month in the fiscal 
year. 
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT 
ACCOUNTS 
For payment to the accounts established in the 
Treasury for the payment of benefits under the Railroad 
Retirement Act for interest earned on unnegotiated 
checks, $150,000, to remain available through September 
30, 2010, which shall be the maximum amount available 
for payment pursuant to section 417 of Public Law 98– 
76. 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement 
Board (‘‘Board’’) for administration of the Railroad Re-
tirement Act and the Railroad Unemployment Insurance 
Act, $105,463,000, to be derived in such amounts as de-
termined by the Board from the railroad retirement ac-
counts and from moneys credited to the railroad unem-
ployment insurance administration fund.
662 
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector 
General (‘‘Office’’) for audit, investigatory and review ac-
tivities, as authorized by the Inspector General Act of 
1978, not more than $7,806,000, to be derived from the 
railroad retirement accounts and railroad unemployment 
insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be trans-
ferred to the Office; used to carry out any such transfer; 
used to provide any office space, equipment, office sup-
plies, communications facilities or services, maintenance 
services, or administrative services for the Office; used to 
pay any salary, benefit, or award for any personnel of the 
Office; used to pay any other operating expense of the Of-
fice; or used to reimburse the Office for any service pro-
vided, or expense incurred, by the Office, except as per-
mitted pursuant to the last proviso under this heading in 
division G of the Consolidated Appropriations Act, 2008. 
SOCIAL SECURITY ADMINISTRATION 
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 
For payment to the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insur-
ance Trust Fund, as provided under sections 201(m), 
228(g), and 1131(b)(2) of the Social Security Act, 
$20,406,000.
663 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212 
of Public Law 93–66, as amended, and section 405 of 
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act, 
$30,471,537,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State 
in the current fiscal year and not obligated by the State 
during that year shall be returned to the Treasury. 
For making, after June 15 of the current fiscal year, 
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the 
current fiscal year, such sums as may be necessary. 
For making benefit payments under title XVI of the 
Social Security Act for the first quarter of fiscal year 
2010, $15,400,000,000, to remain available until ex-
pended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $15,000 for offi-
cial reception and representation expenses, not more than 
$10,067,500,000 may be expended, as authorized by sec-
tion 201(g)(1) of the Social Security Act, from any one 
or all of the trust funds referred to therein: Provided, That
664 
not less than $2,000,000 shall be for the Social Security 
Advisory Board: Provided further, That unobligated bal-
ances of funds provided under this paragraph at the end 
of fiscal year 2009 not needed for fiscal year 2009 shall 
remain available until expended to invest in the Social Se-
curity Administration information technology and tele-
communications hardware and software infrastructure, in-
cluding related equipment and non-payroll administrative 
expenses associated solely with this information technology 
and telecommunications infrastructure: Provided further, 
That reimbursement to the trust funds under this heading 
for expenditures for official time for employees of the So-
cial Security Administration pursuant to 5 U.S.C. 7131, 
and for facilities or support services for labor organiza-
tions pursuant to policies, regulations, or procedures re-
ferred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from 
amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made. 
From funds provided under the first paragraph, not 
less than $264,000,000 shall be available for the cost asso-
ciated with conducting continuing disability reviews under 
titles II and XVI of the Social Security Act and for the 
cost associated with conducting redeterminations of eligi-
bility under title XVI of the Social Security Act.
666 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $28,000,000, together with not to 
exceed $70,127,000, to be transferred and expended as 
authorized by section 201(g)(1) of the Social Security Act 
from the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund. 
In addition, an amount not to exceed 3 percent of 
the total provided in this appropriation may be transferred 
from the ‘‘Limitation on Administrative Expenses’’, Social 
Security Administration, to be merged with this account, 
to be available for the time and purposes for which this 
account is available: Provided, That notice of such trans-
fers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the 
Senate. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. The Secretaries of Labor, Health and 
Human Services, and Education are authorized to transfer 
unexpended balances of prior appropriations to accounts 
corresponding to current appropriations provided in this 
Act. Such transferred balances shall be used for the same
667 
purpose, and for the same periods of time, for which they 
were originally appropriated. 
SEC. 502. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 503. (a) No part of any appropriation contained 
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or 
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat 
legislation pending before the Congress or any State legis-
lature, except in presentation to the Congress or any State 
legislature itself. 
(b) No part of any appropriation contained in this 
Act shall be used to pay the salary or expenses of any 
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation 
or appropriations pending before the Congress or any 
State legislature. 
SEC. 504. The Secretaries of Labor and Education 
are authorized to make available not to exceed $28,000 
and $20,000, respectively, from funds available for sala-
ries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Direc-
668 
tor of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and rep-
resentation expenses not to exceed $5,000 from the funds 
available for ‘‘Federal Mediation and Conciliation Service, 
Salaries and expenses’’; and the Chairman of the National 
Mediation Board is authorized to make available for offi-
cial reception and representation expenses not to exceed 
$5,000 from funds available for ‘‘National Mediation 
Board, Salaries and expenses’’. 
SEC. 505. Notwithstanding any other provision of 
this Act, no funds appropriated in this Act shall be used 
to carry out any program of distributing sterile needles 
or syringes for the hypodermic injection of any illegal 
drug. 
SEC. 506. When issuing statements, press releases, 
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or 
in part with Federal money, all grantees receiving Federal 
funds included in this Act, including but not limited to 
State and local governments and recipients of Federal re-
search grants, shall clearly state— 
(1) the percentage of the total costs of the pro-
gram or project which will be financed with Federal 
money;
669 
(2) the dollar amount of Federal funds for the 
project or program; and 
(3) percentage and dollar amount of the total 
costs of the project or program that will be financed 
by non-governmental sources. 
SEC. 507. (a) None of the funds appropriated in this 
Act, and none of the funds in any trust fund to which 
funds are appropriated in this Act, shall be expended for 
any abortion. 
(b) None of the funds appropriated in this Act, and 
none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for health ben-
efits coverage that includes coverage of abortion. 
(c) The term ‘‘health benefits coverage’’ means the 
package of services covered by a managed care provider 
or organization pursuant to a contract or other arrange-
ment. 
SEC. 508. (a) The limitations established in the pre-
ceding section shall not apply to an abortion— 
(1) if the pregnancy is the result of an act of 
rape or incest; or 
(2) in the case where a woman suffers from a 
physical disorder, physical injury, or physical illness, 
including a life-endangering physical condition 
caused by or arising from the pregnancy itself, that
670 
would, as certified by a physician, place the woman 
in danger of death unless an abortion is performed. 
(b) Nothing in the preceding section shall be con-
strued as prohibiting the expenditure by a State, locality, 
entity, or private person of State, local, or private funds 
(other than a State’s or locality’s contribution of Medicaid 
matching funds). 
(c) Nothing in the preceding section shall be con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a 
State or locality to contract separately with such a pro-
vider for such coverage with State funds (other than a 
State’s or locality’s contribution of Medicaid matching 
funds). 
(d)(1) None of the funds made available in this Act 
may be made available to a Federal agency or program, 
or to a State or local government, if such agency, program, 
or government subjects any institutional or individual 
health care entity to discrimination on the basis that the 
health care entity does not provide, pay for, provide cov-
erage of, or refer for abortions. 
(2) In this subsection, the term ‘‘health care entity’’ 
includes an individual physician or other health care pro-
fessional, a hospital, a provider-sponsored organization, a 
health maintenance organization, a health insurance plan,
671 
or any other kind of health care facility, organization, or 
plan. 
SEC. 509. (a) None of the funds made available in 
this Act may be used for— 
(1) the creation of a human embryo or embryos 
for research purposes; or 
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that 
allowed for research on fetuses in utero under 45 
CFR 46.204(b) and section 498(b) of the Public 
Health Service Act (42 U.S.C. 289g(b)). 
(b) For purposes of this section, the term ‘‘human 
embryo or embryos’’ includes any organism, not protected 
as a human subject under 45 CFR 46 as of the date of 
the enactment of this Act, that is derived by fertilization, 
parthenogenesis, cloning, or any other means from one or 
more human gametes or human diploid cells. 
SEC. 510. (a) None of the funds made available in 
this Act may be used for any activity that promotes the 
legalization of any drug or other substance included in 
schedule I of the schedules of controlled substances estab-
lished under section 202 of the Controlled Substances Act 
except for normal and recognized executive-congressional 
communications.
672 
(b) The limitation in subsection (a) shall not apply 
when there is significant medical evidence of a therapeutic 
advantage to the use of such drug or other substance or 
that federally sponsored clinical trials are being conducted 
to determine therapeutic advantage. 
SEC. 511. None of the funds made available in this 
Act may be used to promulgate or adopt any final stand-
ard under section 1173(b) of the Social Security Act pro-
viding for, or providing for the assignment of, a unique 
health identifier for an individual (except in an individ-
ual’s capacity as an employer or a health care provider), 
until legislation is enacted specifically approving the 
standard. 
SEC. 512. None of the funds made available in this 
Act may be obligated or expended to enter into or renew 
a contract with an entity if— 
(1) such entity is otherwise a contractor with 
the United States and is subject to the requirement 
in 38 U.S.C. 4212(d) regarding submission of an 
annual report to the Secretary of Labor concerning 
employment of certain veterans; and 
(2) such entity has not submitted a report as 
required by that section for the most recent year for 
which such requirement was applicable to such enti-
ty.
673 
SEC. 513. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act. 
SEC. 514. None of the funds made available by this 
Act to carry out the Library Services and Technology Act 
may be made available to any library covered by para-
graph (1) of section 224(f) of such Act, as amended by 
the Children’s Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of 
such section. 
SEC. 515. None of the funds made available by this 
Act to carry out part D of title II of the Elementary and 
Secondary Education Act of 1965 may be made available 
to any elementary or secondary school covered by para-
graph (1) of section 2441(a) of such Act, as amended by 
the Children’s Internet Protection Act and the No Child 
Left Behind Act, unless the local educational agency with 
responsibility for such covered school has made the certifi-
cations required by paragraph (2) of such section. 
SEC. 516. (a) None of the funds provided under this 
Act, or provided under previous appropriations Acts to the 
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 2009, or provided from
674 
any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded 
by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that— 
(1) creates new programs; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means 
for any project or activity for which funds have been 
denied or restricted; 
(4) relocates an office or employees; 
(5) reorganizes or renames offices; 
(6) reorganizes programs or activities; or 
(7) contracts out or privatizes any functions or 
activities presently performed by Federal employees; 
unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in 
advance of such reprogramming or of an announcement 
of intent relating to such reprogramming, whichever oc-
curs earlier. 
(b) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agen-
cies funded by this Act that remain available for obligation 
or expenditure in fiscal year 2009, or provided from any 
accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by
675 
this Act, shall be available for obligation or expenditure 
through a reprogramming of funds in excess of $500,000 
or 10 percent, whichever is less, that— 
(1) augments existing programs, projects (in-
cluding construction projects), or activities; 
(2) reduces by 10 percent funding for any exist-
ing program, project, or activity, or numbers of per-
sonnel by 10 percent as approved by Congress; or 
(3) results from any general savings from a re-
duction in personnel which would result in a change 
in existing programs, activities, or projects as ap-
proved by Congress; 
unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in 
advance of such reprogramming or of an announcement 
of intent relating to such reprogramming, whichever oc-
curs earlier. 
SEC. 517. (a) None of the funds made available in 
this Act may be used to request that a candidate for ap-
pointment to a Federal scientific advisory committee dis-
close the political affiliation or voting history of the can-
didate or the position that the candidate holds with re-
spect to political issues not directly related to and nec-
essary for the work of the committee involved.
676 
(b) None of the funds made available in this Act may 
be used to disseminate scientific information that is delib-
erately false or misleading. 
SEC. 518. Within 45 days of enactment of this Act, 
each department and related agency funded through this 
Act shall submit an operating plan that details at the pro-
gram, project, and activity level any funding allocations 
for fiscal year 2009 that are different than those specified 
in this Act, the accompanying detailed table in the explan-
atory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act), or the fiscal 
year 2009 budget request. 
SEC. 519. None of the funds in this Act may be used 
to employ workers described in section 274A(h)(3) of the 
Immigration and Nationality Act. 
SEC. 520. The Secretaries of Labor, Health and 
Human Services, and Education shall each prepare and 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report on the number 
and amount of contracts, grants, and cooperative agree-
ments exceeding $100,000 in value and awarded by the 
Department on a non-competitive basis during each quar-
ter of fiscal year 2009, but not to include grants awarded 
on a formula basis or directed by law. Such report shall 
include the name of the contractor or grantee, the amount
677 
of funding, the governmental purpose, including a jus-
tification for issuing the award on a non-competitive basis. 
Such report shall be transmitted to the Committees within 
30 days after the end of the quarter for which the report 
is submitted. 
SEC. 521. None of the funds appropriated or other-
wise made available by this Act may be used to enter into 
a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the pro-
spective contractor or grantee certifies in writing to the 
agency awarding the contract or grant that, to the best 
of its knowledge and belief, the contractor or grantee has 
filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted 
of a criminal offense under the Internal Revenue Code of 
1986, and has not, more than 90 days prior to certifi-
cation, been notified of any unpaid Federal tax assessment 
for which the liability remains unsatisfied, unless the as-
sessment is the subject of an installment agreement or 
offer in compromise that has been approved by the Inter-
nal Revenue Service and is not in default, or the assess-
ment is the subject of a non-frivolous administrative or 
judicial proceeding. 
SEC. 522. None of the funds appropriated in this Act 
shall be expended or obligated by the Commissioner of So-
680 
TITLE VI 
AFGHAN ALLIES PROTECTION ACT OF 2009 
SEC. 601. SHORT TITLE. 
This Act may be cited as the ‘‘Afghan Allies Protec-
tion Act of 2009’’. 
SEC. 602. PROTECTION FOR AFGHAN ALLIES. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee 
on the Judiciary of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Committee 
on the Judiciary of the House of Representatives. 
(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AF-
GHANS.— 
(1) IN GENERAL.—Subject to paragraph (3), 
the Secretary of Homeland Security, or, notwith-
standing any other provision of law, the Secretary of 
State in consultation with the Secretary of Home-
land Security, may provide an alien described in sub-
paragraph (A), (B), or (C) of paragraph (2) with 
the status of a special immigrant under section
681 
101(a)(27) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)), if the alien— 
(A) or an agent acting on behalf of the 
alien, submits a petition for classification under 
section 203(b)(4) of such Act (8 U.S.C. 
1153(b)(4)); 
(B) is otherwise eligible to receive an im-
migrant visa; 
(C) is otherwise admissible to the United 
States for permanent residence (excluding the 
grounds for inadmissibility specified in section 
212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); 
and 
(D) clears a background check and appro-
priate screening, as determined by the Sec-
retary of Homeland Security. 
(2) ALIENS DESCRIBED.— 
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this subparagraph if the alien— 
(i) is a citizen or national of Afghani-
stan; 
(ii) was or is employed by or on behalf 
of the United States Government in Af-
ghanistan on or after October 7, 2001, for 
not less than one year;
682 
(iii) provided faithful and valuable 
service to the United States Government, 
which is documented in a positive rec-
ommendation or evaluation, subject to sub-
paragraph (D), from the employee’s senior 
supervisor or the person currently occu-
pying that position, or a more senior per-
son, if the employee’s senior supervisor has 
left the employer or has left Afghanistan; 
and 
(iv) has experienced or is experiencing 
an ongoing serious threat as a consequence 
of the alien’s employment by the United 
States Government. 
(B) SPOUSE OR CHILD.—An alien is de-
scribed in this subparagraph if the alien— 
(i) is the spouse or child of a principal 
alien described in subparagraph (A); and 
(ii) is accompanying or following to 
join the principal alien in the United 
States. 
(C) SURVIVING
SPOUSE
OR
CHILD.—An 
alien is described in this subparagraph if the 
alien—
683 
(i) was the spouse or child of a prin-
cipal alien described in subparagraph (A) 
who had a petition for classification ap-
proved pursuant to this section or section 
1059 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 
109–163; 8 U.S.C. 1101 note) which in-
cluded the alien as an accompanying 
spouse or child; and 
(ii) due to the death of the principal 
alien— 
(I) such petition was revoked or 
terminated (or otherwise rendered 
null); and 
(II) such petition would have 
been approved if the principal alien 
had survived. 
(D) APPROVAL BY CHIEF OF MISSION RE-
QUIRED.—A recommendation or evaluation re-
quired under subparagraph (A)(iii) shall be ac-
companied by approval from the appropriate 
Chief of Mission, or the designee of the appro-
priate Chief of Mission, who shall conduct a 
risk assessment of the alien and an independent 
review of records maintained by the United
684 
States Government or hiring organization or 
entity to confirm employment and faithful and 
valuable service to the United States Govern-
ment prior to approval of a petition under this 
section. 
(3) NUMERICAL LIMITATIONS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the total number of principal 
aliens who may be provided special immigrant 
status under this section may not exceed 1,500 
per year for each of the fiscal years 2009, 
2010, 2011, 2012, and 2013. 
(B) EXCLUSION FROM NUMERICAL LIMITA-
TIONS.—Aliens provided special immigrant sta-
tus under this subsection shall not be counted 
against any numerical limitation under sections 
201(d), 202(a), or 203(b)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(d), 
1152(a), and 1153(b)(4)). 
(C) CARRY FORWARD.— 
(i) FISCAL
YEARS
2009
THROUGH 
2013.—If the numerical limitation specified 
in subparagraph (A) is not reached during 
a given fiscal year, with respect to fiscal 
year 2009, 2010, 2011, 2012, or 2013, the
685 
numerical limitation specified in such sub-
paragraph for the following fiscal year 
shall be increased by a number equal to 
the difference between— 
(I) the numerical limitation spec-
ified in subparagraph (A) for the 
given fiscal year; and 
(II) the number of principal 
aliens provided special immigrant sta-
tus under this section during the 
given fiscal year. 
(ii) FISCAL YEAR 2014.—If the numer-
ical limitation determined under clause (i) 
is not reached in fiscal year 2013, the total 
number of principal aliens who may be 
provided special immigrant status under 
this subsection for fiscal year 2014 shall be 
equal to the difference between— 
(I) the numerical limitation de-
termined under clause (i) for fiscal 
year 2013; and 
(II) the number of principal 
aliens provided such status under this 
section during fiscal year 2013.
686 
(4) PROHIBITION ON FEES.—The Secretary of 
Homeland Security or the Secretary of State may 
not charge an alien described in subparagraph (A), 
(B), or (C) of paragraph (2) any fee in connection 
with an application for, or issuance of, a special im-
migrant visa under this section. 
(5) ASSISTANCE WITH PASSPORT ISSUANCE.— 
The Secretary of State shall make a reasonable ef-
fort to ensure that an alien described in subpara-
graph (A), (B), or (C) of paragraph (2) who is 
issued a special immigrant visa pursuant to this sub-
section is provided with the appropriate series Af-
ghan passport necessary to enter the United States. 
(6) PROTECTION OF ALIENS.—The Secretary of 
State, in consultation with the heads of other appro-
priate Federal agencies, shall make a reasonable ef-
fort to provide an alien described in subparagraph 
(A), (B), or (C) of paragraph (2) who is seeking spe-
cial immigrant status under this subsection protec-
tion or to immediately remove such alien from Af-
ghanistan, if possible, if the Secretary determines, 
after consultation, that such alien is in imminent 
danger. 
(7) OTHER ELIGIBILITY FOR IMMIGRANT STA-
TUS.—No alien shall be denied the opportunity to
687 
apply for admission under this subsection solely be-
cause such alien qualifies as an immediate relative 
or is eligible for any other immigrant classification. 
(8) RESETTLEMENT
SUPPORT.—A citizen or 
national of Afghanistan who is granted special immi-
grant status described in section 101(a)(27) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(27)) shall be eligible for resettlement assist-
ance, entitlement programs, and other benefits avail-
able to refugees admitted under section 207 of such 
Act (8 U.S.C. 1157) for a period not to exceed 8 
months. 
(9) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing paragraph (2), (7), or (8) of subsection (c) 
of section 245 of the Immigration and Nationality 
Act (8 U.S.C. 1255), the Secretary of Homeland Se-
curity may adjust the status of an alien described in 
subparagraph (A), (B), or (C) of paragraph (2) of 
this subsection or in section 1244(b) of the Refugee 
Crisis in Iraq Act of 2007 (Public Law 110–181; 
122 Stat. 397) to that of an alien lawfully admitted 
for permanent residence under subsection (a) of 
such section 245 if the alien— 
(A) was paroled or admitted as a non-
immigrant into the United States; and
688 
(B) is otherwise eligible for special immi-
grant status under— 
(i)(I) this subsection; or 
(II) such section 1244(b); and 
(ii) the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.). 
(10) REPORT ON IMPLEMENTATION AND AU-
THORITY
TO
CARRY
OUT
ADMINISTRATIVE
MEAS-
URES.— 
(A) REQUIREMENT
FOR
REPORT.—Not 
later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland 
Security and the Secretary of State, in con-
sultation with the Secretary of Defense, shall 
submit to the appropriate committees of Con-
gress a report on the implementation of this 
subsection. 
(B) CONTENT OF REPORT.—The report re-
quired by subparagraph (A) shall describe ac-
tions taken, and additional administrative 
measures that may be needed, to ensure the in-
tegrity of the program established under this 
subsection and the national security interests of 
the United States related to such program.
689 
(C) AUTHORITY TO CARRY OUT ADMINIS-
TRATIVE MEASURES.—The Secretary of Home-
land Security and the Secretary of State shall 
implement any additional administrative meas-
ures described in subparagraph (B) as they 
may deem necessary and appropriate to ensure 
the integrity of the program established under 
this subsection and the national security inter-
ests of the United States related to such pro-
gram. 
(11) ANNUAL REPORT ON USE OF SPECIAL IM-
MIGRANT STATUS.— 
(A) REQUIREMENT.—Not later than 120 
days after the date of the enactment of this 
Act, and annually thereafter, the Secretary of 
Homeland Security shall submit to the appro-
priate committees of Congress a report on the 
number of citizens or nationals of Afghanistan 
or Iraq who have applied for status as special 
immigrants under this subsection or section 
1244 of the Refugee Crisis in Iraq Act of 2007 
(Public Law 110–181; 122 Stat. 396). 
(B) CONTENT.—Each report required by 
subparagraph (A) submitted in a fiscal year
690 
shall include the following information for the 
previous fiscal year: 
(i) The number of citizens or nation-
als of Afghanistan or Iraq who submitted 
an application for status as a special immi-
grant pursuant to this section or section 
1244 of the Refugee Crisis in Iraq Act of 
2007 (Public Law 110–181; 122 Stat. 
396), disaggregated— 
(I) by the number of principal 
aliens applying for such status; and 
(II) by the number of spouses 
and children of principal aliens apply-
ing for such status. 
(ii) The number of applications re-
ferred to in clause (i) that— 
(I) were approved; or 
(II) were denied, including a de-
scription of the basis for each denial. 
(c) INFORMATION REGARDING CITIZENS OR NATION-
ALS
OF AFGHANISTAN EMPLOYED
BY
THE UNITED 
STATES OR FEDERAL CONTRACTORS IN AFGHANISTAN.— 
(1) REQUIREMENT
TO
COMPILE
INFORMA-
TION.—
691 
(A) IN
GENERAL.—Not later than 120 
days after the date of the enactment of this 
Act, the Administrator of the United States 
Agency for International Development, the Sec-
retary of Defense, the Secretary of Homeland 
Security, the Secretary of State, and the Sec-
retary of the Treasury shall— 
(i) review internal records and data-
bases of their respective agencies for infor-
mation that can be used to verify employ-
ment of citizens or nationals of Afghani-
stan by the United States Government; 
and 
(ii) request from each prime con-
tractor or grantee that has performed work 
in Afghanistan since October 7, 2001, 
under a contract, grant, or cooperative 
agreement with their respective agencies 
that is valued in excess of $25,000, infor-
mation that may be used to verify the em-
ployment of such citizens or nationals by 
such contractor or grantee. 
(B) INFORMATION REQUIRED.—To the ex-
tent data is available, the information referred 
to in subparagraph (A) shall include the name
692 
and dates of employment of, biometric data for, 
and other data that can be used to verify the 
employment of each citizen or national of Af-
ghanistan who has performed work in Afghani-
stan since October 7, 2001, under a contract, 
grant, or cooperative agreement with an execu-
tive agency. 
(2) REPORT
ON
ESTABLISHMENT
OF
DATA-
BASE.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense, 
in consultation with the Administrator of the United 
States Agency for International Development, the 
Secretary of Homeland Security, the Secretary of 
State, and the Secretary of the Treasury, shall sub-
mit to the appropriate committees of Congress a re-
port examining the options for establishing a unified 
and classified database of information related to 
contracts, grants, or cooperative agreements entered 
into by executive agencies for the performance of 
work in Afghanistan since October 7, 2001, includ-
ing the information described and collected under 
paragraph (1), to be used by relevant Federal de-
partments and agencies to adjudicate refugee, asy-
lum, special immigrant visa, and other immigration 
claims and applications.
705 
Treasury and used for deficit reduction (or, if there is no 
Federal budget deficit after all such payments have been 
made, for reducing the Federal debt, in such manner as 
the Secretary of the Treasury considers appropriate). 
(b) REGULATIONS.—The Committee on House Ad-
ministration of the House of Representatives shall have 
authority to prescribe regulations to carry out this section. 
(c) DEFINITION.—As used in this section, the term 
‘‘Member of the House of Representatives’’ means a Rep-
resentative in, or a Delegate or Resident Commissioner 
to, the Congress. 
SEC. 102. (a) The Chief Administrative Officer of the 
House of Representatives shall deposit all amounts re-
ceived as promotional rebates and incentives on credit card 
purchases, balances, and payments into the House Serv-
ices Revolving Fund under section 105 of the Legislative 
Branch Appropriations Act, 2005. 
(b) Section 105(a) of the Legislative Branch Appro-
priations Act, 2005 (2 U.S.C. 117m(a)) is amended by 
adding at the end the following new paragraph: 
‘‘(6) The collection of promotional rebates and 
incentives on credit card purchases, balances, and 
payments.’’.