225 
cations, program outreach and evaluation activities: Pro-
vided further, That of the funds available for part B of title 
V of the ESEA, the Secretary shall use up to $23,082,000 
to carry out activities under section 5205(b) and under sub-
part 2: Provided further, That of the funds available for 
subpart 1 of part B of title V of the ESEA, and not with-
standing section 5205(a), the Secretary may reserve funds 
to make multiple awards to charter management organiza-
tions and other entities for the replication and expansion 
of successful charter school models. 
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, $438,061,000: Provided, 
That $257,690,000 shall be available for subpart 2 of part 
A of title IV: Provided further, That $146,912,000 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 implement a comprehensive program 
to improve public knowledge, understanding, and support 
of the Congress and the State legislatures.
226 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the Elementary 
and Secondary Education Act of 1965, $750,000,000, which 
shall become available on July 1, 2010, and shall remain 
available through September 30, 2011, except that 6.5 per-
cent of such amount shall be available on October 1, 2009, 
and shall remain available through September 30, 2011, to 
carry out activities under section 3111(c)(1)(C): Provided, 
That the Secretary of Education shall use estimates of the 
American Community Survey child counts for the most re-
cent 3-year period available to calculate allocations under 
such part. 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (‘‘IDEA’’) and the Special Olympics Sport 
and Empowerment Act of 2004, $12,587,856,000, of which 
$3,726,354,000 shall become available on July 1, 2010, and 
shall remain available through September 30, 2011, and of 
which $8,592,383,000 shall become available on October 1, 
2010, and shall remain available through September 30, 
2011, for academic year 2010–2011: Provided, That 
$13,250,000 shall be for Recording for the Blind and 
Dyslexic, Inc., to support the development, production, and 
circulation of accessible educational materials: Provided 
further, That $1,500,000 shall be for the recipient of funds
227 
provided by Public Law 105–78 under section 687(b)(2)(G) 
of the IDEA (as in effect prior to the enactment of the Indi-
viduals with Disabilities Education Improvement Act of 
2004) to provide information on diagnosis, intervention, 
and teaching strategies for children with disabilities: Pro-
vided 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 2009, increased by the 
amount of inflation as specified in section 619(d)(2)(B) of 
the IDEA, or the percent change in the funds appropriated 
under section 611(i) of the IDEA, but not less than the 
amount for that activity during fiscal year 2009: Provided 
further, That funds made available for the Special Olym-
pics Sport and Empowerment Act of 2004 may be used to 
support expenses associated with the Special Olympics Na-
tional and World games. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise provided, 
the Rehabilitation Act of 1973, the Assistive Technology Act 
of 1998, and the Helen Keller National Center Act, 
$3,507,322,000: Provided, That $2,525,000 shall be used for 
the projects, and in the amounts, specified under the head-
ing ‘‘Rehabilitation Services and Disability Research’’ in 
the committee report of the Senate accompanying this Act.
228 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, 
$24,600,000. 
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, $68,437,000, of which $5,400,000 shall be for con-
struction and shall remain available until expended: Pro-
vided, That from the total amount available, the Institute 
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, $126,000,000, of 
which $8,000,000 shall be for construction and shall remain 
available until expended: Provided, That from the total 
amount available, the University may at its discretion use 
funds for the endowment program as authorized under sec-
tion 207 of such Act. 
CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise provided, 
the Carl D. Perkins Career and Technical Education Act
229 
of 2006, the Adult Education and Family Literacy Act, 
subpart 4 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’) and title VIII– 
D of the Higher Education Amendments of 1998, 
$2,018,447,000, of which $4,400,000 shall become available 
on October 1, 2009 and remain available through Sep-
tember 30, 2011, of which $1,223,047,000 shall become 
available on July 1, 2010, and shall remain available 
through September 30, 2011, and of which $791,000,000 
shall become available on October 1, 2010, and shall remain 
available through September 30, 2011: Provided, That the 
Secretary of Education shall first distribute up to 
$46,000,000 to those States that, due to administrative 
error, were underpaid for fiscal years 2003 through 2008 
in the amounts such States were underpaid: Provided fur-
ther, That the Secretary shall not reduce the allocations for 
those years to the States that were overpaid through such 
error, or take other corrective action with respect to those 
overpayments: Provided further, That the additional funds 
provided to States to correct the administrative error shall 
not be considered in determining the ‘‘hold-harmless’’ 
amounts under section 211(f) of the Adult Education and 
Family Literacy Act for fiscal year 2011 or subsequent fis-
cal years: Provided further, That of the amount provided 
for Adult Education State Grants, $75,000,000 shall be
230 
made available for integrated English literacy and civics 
education services to immigrants and other limited English 
proficient populations: Provided further, That of the 
amount reserved for integrated English literacy and civics 
education, notwithstanding section 211 of the Adult Edu-
cation and Family Literacy Act, 65 percent shall be allo-
cated to States based on a State’s absolute need as deter-
mined by calculating each State’s share of a 10-year aver-
age of the United States Citizenship and Immigration Serv-
ices data for immigrants admitted for legal permanent resi-
dence for the 10 most recent years, and 35 percent allocated 
to States that experienced growth as measured by the aver-
age of the 3 most recent years for which United States Citi-
zenship and Immigration Services data for immigrants ad-
mitted 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 avail-
able for the Adult Education and Family Literacy Act, 
$13,346,000 shall be for national leadership activities under 
section 243: 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, 2009, and shall remain 
available through September 30, 2011, for evaluation, tech-
nical assistance, school networks, peer review of applica-
231 
tions, and program outreach activities, and of which not 
less than 95 percent shall become available on July 1, 2010, 
and remain available through September 30, 2011, 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: Provided further, 
That the Secretary may use amounts available under this 
heading for the necessary costs of any close-out of the Na-
tional Institute for Literacy. 
STUDENT FINANCIAL ASSISTANCE 
(INCLUDING RESCISSION 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, $19,296,809,000, which shall remain available 
through September 30, 2011. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2010–2011 shall be $4,860. 
Of 
the 
funds 
made 
available 
under 
section 
401A(e)(1)(D) of the Higher Education Act of 1965, 
$511,000,000 are hereby rescinded.
232 
STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part 
D of title I, and subparts 1, 3, 4, and 9 of part A, and 
parts B, C, D, and E of title IV of the Higher Education 
Act of 1965, $870,402,000, which shall remain available 
until expended. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise provided, 
titles II, III, IV, V, VI, VII, and VIII 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, and section 117 of the 
Carl D. Perkins Career and Technical Education Act of 
2006, $2,106,749,000: Provided, That $9,687,000, to remain 
available through September 30, 2011, shall be available to 
fund fellowships for academic year 2011–2012 under sub-
part 1 of part A of title VII of the HEA, under the terms 
and conditions of such subpart 1: Provided further, That 
$609,000 shall be for data collection and evaluation activi-
ties for programs under the HEA, including such activities 
needed to comply with the Government Performance and 
Results Act of 1993: Provided further, That notwith-
standing any other provision of law, funds made available
233 
in this Act to carry out title VI of the HEA and section 
102(b)(6) of the Mutual Educational and Cultural Ex-
change Act of 1961 may be used to support visits and study 
in foreign countries by individuals 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 information dissemination activities: Pro-
vided 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 Higher Education Opportunity Act 
(‘‘HEOA’’), that would have otherwise received a continu-
ation award for fiscal year 2010 under that section, shall 
receive under section 316, as amended by the HEOA, not 
less than the amount that such recipient would have re-
ceived under such a continuation 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 the terms of such continuation
234 
award: Provided further, That $1,500,000, to remain avail-
able until expended, shall be available to carry out a schol-
arship program for the purpose of increasing the skilled 
workforce for industrial health and safety occupations, in-
cluding mine safety: Provided further, That the Secretary 
of Education shall identify these scholarships as ‘‘Erma 
Byrd Scholarships’’: Provided further, That such scholar-
ships shall be awarded without regard to an applicant’s 
prior work experience, but the Secretary shall, notwith-
standing section 437 of the General Education Provisions 
Act and 5 U.S.C. 553, by notice in the Federal Register, 
establish the eligibility requirements, 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 replace a student’s expected family contribu-
tion, but institutions accepting such scholarship funds may 
not use these funds to supplant existing institutional aid: 
Provided further, That the Secretary shall be authorized to 
accept contributions for such scholarships from private 
sources: Provided further, That these funds shall be used for 
scholarships for academic year 2010–2011 and may be 
available for scholarships in academic year 2011–2012: 
Provided further, That $36,500,000 shall be used for the
235 
projects, and in the amounts, specified under the heading 
‘‘Higher Education’’ in the committee report of the Senate 
accompanying this Act. 
HOWARD UNIVERSITY 
For 
partial 
support 
of 
Howard 
University, 
$234,977,000, of which not less than $3,600,000 shall be for 
a matching endowment grant pursuant to the Howard Uni-
versity 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 
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 Congressional 
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 $89,000,000. In 
addition, for administrative expenses to carry out the His-
torically Black College and University Capital Financing
236 
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, $679,256,000, of which $361,241,000 shall be 
available until September 30, 2011: 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 information 
and information on children of all ages: Provided further, 
That up to $10,000,000 of the funds available to carry out 
section 208 of the Educational Technical Assistance Act 
may be used for State data coordinators and for awards 
to public or private organizations or agencies to improve 
data coordination, quality, and use. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise provided, 
the Department of Education Organization Act, including 
rental of conference rooms in the District of Columbia and 
hire of three passenger motor vehicles, $452,200,000, of
237 
which $8,200,000, 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 Edu-
cation Organization Act, $103,024,000. 
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, $60,053,000. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be 
used for the transportation of students or teachers (or for 
the purchase of equipment for such transportation) in order 
to overcome racial imbalance in any school or school system, 
or for the transportation of students or teachers (or for the 
purchase of equipment for such transportation) in order to 
carry out a plan of racial desegregation of any school or 
school system. 
SEC. 302. None of the funds contained in this Act shall 
be used to require, directly or indirectly, the transportation 
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 edu-
238 
cation, in order to comply with title VI of the Civil Rights 
Act of 1964. For the purpose of this section an indirect re-
quirement of transportation of students includes the trans-
portation of students to carry out a plan involving the reor-
ganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of 
grade restructuring, pairing or clustering. 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 discretionary 
funds (pursuant to the Balanced Budget and Emergency 
Deficit Control Act of 1985) which are appropriated for the 
Department of Education in this Act may be transferred 
between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Pro-
vided, 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 Appropria-
239 
tions of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer. 
SEC. 305. The Outlying Areas may consolidate funds 
received under this Act pursuant to 48 U.S.C. 1469a, under 
part A of title V of the Elementary and Secondary Edu-
cation Act. 
SEC. 306. None of the funds made available in the 
sixth proviso under the heading ‘‘Innovation and Improve-
ment’’ in this Act shall be made available for new awards 
under the Teacher Incentive Fund prior to the submission 
of an impact evaluation plan to the Committees on Appro-
priations of the House of Representatives and the Senate. 
SEC. 307. Section 14007 of division A of the American 
Recovery and Reinvestment Act of 2009 is amended— 
(1) by amending subsection (a)(3) to read as fol-
lows: 
‘‘(3) PURPOSE OF AWARDS.—The Secretary shall 
make awards to eligible entities in order to identify, 
document, and bring to scale innovative best practices 
based on demonstrated success, to allow such eligible 
entities to— 
‘‘(A) expand their work and serve as models 
for best practices; and 
‘‘(B) work in partnership with the private 
sector and the philanthropic community.’’;
240 
(2) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as paragraphs (1)(A), (1)(B), (2), 
and (3), respectively; 
(B) in paragraph (1)(A), as so redesig-
nated, by inserting ‘‘or’’ after the semicolon; 
(C) by amending paragraph (1)(B), as so 
redesignated, to read as follows: 
‘‘(B) have demonstrated success in significantly 
increasing student academic achievement for all 
groups of students described in such section;’’; and 
(D) in paragraph (3), as so redesignated, by 
striking ‘‘they have established partnerships’’ 
and inserting ‘‘it has established one or more 
partnerships’’; 
(3) in subsection (c), by striking ‘‘paragraphs’’ 
and all that follows through ‘‘such requirements’’ and 
inserting ‘‘paragraphs (1)(A) or (1)(B) and (2) of 
subsection (b) if the nonprofit organization has a 
record of significantly improving student achieve-
ment, attainment, or retention and shall be consid-
ered to have met the requirements of subsection (b)(3) 
if it demonstrates that it will meet the requirement 
relating to private-sector matching’’; and
241 
(4) by adding at the end a new subsection (d) to 
read as follows: 
‘‘(d) SUBGRANTS.—In the case of an eligible entity 
that is a partnership described in subsection (a)(1)(B), the 
partner serving as the fiscal agent may make subgrants to 
one or more of the other entities in the partnership.’’. 
SEC. 308. Section 5621 of the Elementary and Sec-
ondary Education Act of 1965, as added by this Act by 
reference to S. 1121 (111th Congress, as introduced on May 
21, 2009), is amended— 
(1) in subsection (c)(1)(C)(i), by inserting ‘‘, 
which includes planning for improvement of school li-
braries within public elementary school and sec-
ondary school buildings’’ before the semicolon; and 
(2) in subsection (d)(1)— 
(A) in subparagraph (A)— 
(i) 
by 
redesignating 
clauses 
(ii) 
through (iv) as clauses (iii) through (v), re-
spectively; and 
(ii) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) repairing, replacing, or con-
structing school libraries at public elemen-
tary schools or secondary schools;’’
242 
(B) in subparagraph (F), by inserting 
‘‘throughout the school building’’ before the pe-
riod. 
SEC. 309. Section 307 of the Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2008 is amended by striking 
‘‘and 2009’’ each place the term occurs and inserting 
‘‘through 2011’’. 
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2010’’. 
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 Purchase 
From People Who Are Blind or Severely Disabled estab-
lished by Public Law 92–28, $5,396,000. 
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’’), 
$864,316,000, of which $321,269,000 shall be to carry out
243 
the 1973 Act and $543,047,000 shall be to carry out the 
1990 Act and notwithstanding sections 198B(b)(3), 
198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: 
Provided, That of the amounts provided under this heading: 
(1) 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; (2) $50,000,000 shall be 
available 
for 
expenses 
authorized 
under 
section 
501(a)(4)(E) of the 1990 Act; (3) $8,000,000 shall be avail-
able for expenses to carry out sections 112(e), 179A, and 
198O and subtitle J of title I of the 1990 Act, notwith-
standing section 501(a)(6) of the 1990 Act; (4) $5,000,000 
shall be available for grants to public or private nonprofit 
institutions to increase the participation of individuals 
with disabilities in national service and for demonstration 
activities in furtherance of this purpose, notwithstanding 
section 129(k)(1) of the 1990 Act; (5) $17,000,000 shall be 
available to provide assistance to State commissions on na-
tional and community service, under section 126(a) of the 
1990 Act and notwithstanding section 501(a)(5)(B) of the 
1990 Act; and (6) $29,000,000 shall be available to carry 
out subtitle E of the 1990 Act: Provided further, That none 
of the funds made available under this heading for activities 
authorized by section 122 and part E of title II of the 1973
244 
Act shall be used to provide stipends or other monetary in-
centives to program participants or volunteer leaders whose 
incomes exceed the income guidelines in subsections 211(e) 
and 213(b) of the 1973 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 National and 
Community 
Service 
Act 
of 
1990 
(‘‘1990 
Act’’), 
$197,000,000, to remain available until expended: Pro-
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 title I of the 1990 Act to this appropria-
tion upon determination that such transfer is necessary to 
support the activities of national service participants and 
after notice is transmitted to the Committees on Appropria-
tions of the House of Representatives and the Senate: Pro-
vided further, That amounts appropriated for or transferred 
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)(5) of the National and Community
245 
Service Act of 1990 and under section 504(a) of the Domes-
tic Volunteer Service Act of 1973, including payment of sal-
aries, authorized travel, hire of passenger motor vehicles, 
the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 
5 U.S.C. 3109, and not to exceed $2,500 for official recep-
tion and representation expenses, $88,000,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the Inspector General Act of 1978, 
$7,700,000. 
ADMINISTRATIVE PROVISIONS 
SEC. 401. The Corporation for National and Commu-
nity Service (‘‘the Corporation’’) shall notify the Commit-
tees on Appropriations of the House of Representatives and 
the Senate 15 days prior to any significant changes to pro-
gram requirements, service delivery or policy. For fiscal 
year 2010, during any grant selection process, an officer 
or employee of the Corporation shall not knowingly disclose 
any covered grant selection information regarding such se-
lection, directly or indirectly, to any person other than an 
officer or employee of the Corporation that is authorized 
by the Corporation to receive such information. 
SEC. 402. Donations made to the Corporation for Na-
tional and Community Service under section 196 of the Na-
246 
tional and Community Service Act of 1990 (‘‘1990 Act’’) 
for the purposes of financing programs 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 programs and operations. 
CORPORATION FOR PUBLIC BROADCASTING 
For payment to the Corporation for Public Broad-
casting (‘‘Corporation’’), as authorized by the Communica-
tions Act of 1934, an amount which shall be available with-
in limitations specified by that Act, for the fiscal year 2012, 
$450,000,000: Provided, That no funds made available to 
the Corporation by this Act shall be used to pay for recep-
tions, parties, or similar forms of entertainment for Govern-
ment 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 activity from 
which any person is excluded, or is denied benefits, 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, ap-
pointing, promoting, or taking any other personnel action 
with respect to officers, agents, and employees of the Cor-
poration: Provided further, That none of the funds made 
available to the Corporation by this Act shall be used to
247 
support the Television Future Fund or any similar pur-
pose. 
In addition, for payment to the Corporation for fiscal 
year 2010, $71,000,000 as follows: 
(1) $10,000,000 shall be for fiscal stabilization 
grants to public radio and television licensees, with 
no deduction for administrative or other costs of the 
Corporation, to maintain local programming and 
services and preserve jobs threatened by declines in 
non-Federal revenues due to the downturn in the 
economy; 
(2) $36,000,000 shall be for costs related to dig-
ital program production, development, and distribu-
tion associated with the transition of public broad-
casting to digital broadcasting, to be awarded as de-
termined by the Corporation in consultation with 
public radio and television licensees or permittees, or 
their designated representatives; and 
(3) $25,000,000 is available pursuant to section 
396(k)(10) of the Communications Act of 1934 for re-
placement and upgrade of the public radio inter-
connection system.
248 
FEDERAL MEDIATION AND CONCILIATION SERVICE 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mediation and 
Conciliation Service (‘‘Service’’) to carry out the functions 
vested in it by the Labor Management Relations Act, 1947, 
including hire of passenger motor vehicles; for expenses nec-
essary 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, 
$46,303,000: Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special train-
ing activities and other conflict resolution services and tech-
nical assistance, including those provided to foreign govern-
ments and international organizations, and for arbitration 
services shall be credited to and merged with this account, 
and shall remain available until expended: Provided fur-
ther, That fees for arbitration services shall be available 
only for education, training, and professional development 
of the agency workforce: Provided further, That the Director 
of the Service is authorized 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 jurisdiction.
249 
FEDERAL MINE SAFETY AND HEALTH REVIEW 
COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mine Safety 
and Health Review Commission, $10,858,000. 
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 American 
History and Culture Act, $275,056,000, of which 
$6,500,000 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 
committee report of the Senate accompanying this Act: Pro-
vided, That funds may be made available for support 
through inter-agency agreement or grant to commemorative 
Federal commissions that support museum and library ac-
tivities, in partnership with libraries and museums that are 
eligible for funding under programs carried out by the In-
stitute 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, $11,800,000, to be transferred to this
250 
appropriation from the Federal Hospital Insurance Trust 
Fund and the Federal Supplementary Medical Insurance 
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, $3,271,000. 
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, 
$283,400,000: Provided, That no part of this appropriation 
shall be available to organize or assist in organizing agri-
cultural laborers or used in connection with investigations, 
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 by the 
Labor-Management Relations Act, 1947, and as defined 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
251 
and at least 95 percent of the water stored or supplied there-
by 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, $13,934,000. 
OCCUPATIONAL SAFETY AND HEALTH REVIEW 
COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Occupational Safety 
and Health Review Commission, $11,712,000. 
RAILROAD RETIREMENT BOARD 
DUAL BENEFITS PAYMENTS ACCOUNT 
For payment to the Dual Benefits Payments Account, 
authorized under section 15(d) of the Railroad Retirement 
Act of 1974, $64,000,000, which shall include amounts be-
coming available in fiscal year 2010 pursuant to section 
224(c)(1)(B) of Public Law 98–76; and in addition, an 
amount, not to exceed 2 percent of the amount provided 
herein, shall be available proportional to the amount by 
which the product of recipients and the average benefit re-
ceived exceeds the amount available for payment of vested 
dual benefits: Provided, That the total amount provided
252 
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 Treas-
ury for the payment of benefits under the Railroad Retire-
ment Act for interest earned on unnegotiated checks, 
$150,000, to remain available through September 30, 2011, 
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 Retire-
ment Act and the Railroad Unemployment Insurance Act, 
$109,073,000, to be derived in such amounts as determined 
by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insur-
ance administration fund. 
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector Gen-
eral for audit, investigatory and review activities, as au-
thorized by the Inspector General Act of 1978, not more 
than $8,186,000, to be derived from the railroad retirement 
accounts and railroad unemployment insurance account.
253 
SOCIAL SECURITY ADMINISTRATION 
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 
For payment to the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance 
Trust Fund, as provided under sections 201(m), 228(g), and 
1131(b)(2) of the Social Security Act, $20,404,000. 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For carrying out titles XI and XVI of the Social Secu-
rity 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 Security 
trust funds for administrative expenses incurred pursuant 
to 
section 
201(g)(1) 
of 
the 
Social 
Security 
Act, 
$34,742,000,000, 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 2011, 
$16,000,000,000, to remain available until expended.
254 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $45,000 for official 
reception and representation expenses, not more than 
$10,800,500,000 may be expended, as authorized by section 
201(g)(1) of the Social Security Act, from any one or all 
of the trust funds referred to therein: Provided, That not 
less than $2,300,000 shall be for the Social Security Advi-
sory Board: Provided further, That unobligated balances of 
funds provided under this paragraph at the end of fiscal 
year 2010 not needed for fiscal year 2010 shall remain 
available until expended to invest in the Social Security 
Administration information technology and telecommuni-
cations hardware and software infrastructure, including re-
lated equipment and non-payroll administrative expenses 
associated solely with this information technology and tele-
communications infrastructure: Provided further, That re-
imbursement to the trust funds under this heading for ex-
penditures for official time for employees of the Social Secu-
rity Administration pursuant to 5 U.S.C. 7131, and for 
facilities or support services for labor organizations pursu-
ant to policies, regulations, or procedures referred to in sec-
tion 7135(b) of such title shall be made by the Secretary 
of the Treasury, with interest, from amounts in the general
255 
fund not otherwise appropriated, as soon as possible after 
such expenditures are made. 
From funds provided under the first paragraph, not 
less than $273,000,000 shall be available for the cost associ-
ated 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. 
In addition to the amounts made available above, and 
subject to the same terms and conditions, $485,000,000, for 
additional continuing disability reviews and redetermina-
tions of eligibility, of which, upon a determination by the 
Commissioner of Social Security that such initiative would 
be at least as cost-effective as redeterminations of eligibility, 
up to $34,000,000 shall be available for one or more initia-
tives to improve asset verification: Provided, That the Com-
missioner shall provide to the Congress (at the conclusion 
of the fiscal year) a report on the obligation and expendi-
ture of these additional amounts, similar to the reports that 
were required by section 103(d)(2) of Public Law 104–121 
for fiscal years 1996 through 2002. 
In addition, $160,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment 
collected pursuant to section 1616(d) of the Social Security 
Act or section 212(b)(3) of Public Law 93–66, which shall
256 
remain available until expended. To the extent that the 
amounts collected pursuant to such sections in fiscal year 
2010 exceed $160,000,000, the amounts shall be available 
in fiscal year 2011 only to the extent provided in advance 
in appropriations Acts. 
In addition, up to $1,000,000 to be derived from fees 
collected pursuant to section 303(c) of the Social Security 
Protection Act, which shall remain available until ex-
pended. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978, $29,000,000, together with not to exceed 
$73,682,000, 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 transfers
257 
shall be transmitted promptly to the Committees on Appro-
priations 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 
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 legisla-
ture, 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
258 
or contract recipient, or agent acting for such recipient, re-
lated to any activity designed to influence legislation or ap-
propriations pending before the Congress or any State legis-
lature. 
SEC. 504. The Secretaries of Labor and Education are 
authorized to make available not to exceed $28,000 and 
$22,000, respectively, from funds available for salaries and 
expenses under titles I and III, respectively, for official re-
ception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation 
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 official reception 
and representation expenses not to exceed $5,000 from funds 
available for ‘‘National Mediation Board, Salaries and ex-
penses’’. 
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 sy-
ringes for the hypodermic injection of any illegal drug. 
SEC. 506. When issuing statements, press releases, re-
quests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part
259 
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 research grants, 
shall clearly state— 
(1) the percentage of the total costs of the pro-
gram or project which will be financed with Federal 
money; 
(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 bene-
fits 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 arrangement. 
SEC. 508. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
260 
(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 
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 construed 
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 match-
ing funds). 
(c) Nothing in the preceding section shall be construed 
as restricting the ability of any managed care provider 
from offering abortion coverage or the ability of a State or 
locality to contract separately with such a provider 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
261 
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, 
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 subjected 
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 em-
bryo 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, par-
thenogenesis, cloning, or any other means from one or more 
human gametes or human diploid cells.
262 
SEC. 510. (a) None of the funds made available in this 
Act may be used for any activity that promotes the legaliza-
tion of any drug or other substance included in schedule 
I of the schedules of controlled substances established under 
section 202 of the Controlled Substances Act except for nor-
mal and recognized executive-congressional communica-
tions. 
(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 de-
termine therapeutic advantage. 
SEC. 511. None of the funds made available in this 
Act may be used to promulgate or adopt any final standard 
under section 1173(b) of the Social Security Act providing 
for, or providing for the assignment of, a unique health 
identifier for an individual (except in an individual’s ca-
pacity as an employer or a health care provider), until leg-
islation 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
263 
report to the Secretary of Labor concerning employ-
ment of certain veterans; and 
(2) such entity has not submitted a report as re-
quired by that section for the most recent year for 
which such requirement was applicable to such entity. 
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 pur-
suant to a transfer made by, or transfer authority provided 
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 paragraph 
(1) of section 224(f) of such Act, as amended by the Chil-
dren’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 re-
sponsibility for such covered school has made the certifi-
cations required by paragraph (2) of such section.
264 
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 2010, or provided from 
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 ad-
vance of such reprogramming or of an announcement of in-
tent relating to such reprogramming, whichever occurs ear-
lier. 
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
265 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 2010, or provided from any ac-
counts 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 in excess of $500,000 or 10 per-
cent, 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 ad-
vance of such reprogramming or of an announcement of in-
tent relating to such reprogramming, whichever occurs ear-
lier. 
SEC. 517. (a) None of the funds made available in this 
Act may be used to request that a candidate for appoint-
ment to a Federal scientific advisory committee disclose the 
political affiliation or voting history of the candidate or
266 
the position that the candidate holds with respect to polit-
ical issues not directly related to and necessary for the work 
of the committee involved. 
(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 2010 that are different than those specified 
in this Act, the accompanying detailed table in the com-
mittee report of the Senate accompanying this Act, or the 
fiscal year 2010 budget request. 
SEC. 519. 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 $5,000,000 in value and awarded by the 
Department on a non-competitive basis during each quarter 
of fiscal year 2010, but not to include grants awarded on 
a formula basis or directed by law. Such report shall in-
clude the name of the contractor or grantee, the amount of 
funding, the governmental purpose, including a justifica-
267 
tion 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. 520. Section 8103(b) of Public Law 110–28 is 
amended— 
(1) in paragraph (1)(B), by inserting before the 
semicolon the following: ‘‘, except that, beginning in 
2010 and each year thereafter, such increase shall 
occur on September 30’’; and 
(2) in paragraph (2)(C), by inserting before the 
period the following: ‘‘, except that, beginning in 2010 
and each year thereafter, such increase shall occur on 
September 30’’. 
This Act may be cited as the ‘‘Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2010’’.
Calendar No. 149 
111TH CONGRESS 
1ST SESSION 
H. R. 3293 
[Report No. 111–66] 
AN ACT 
Making appropriations for the Departments of 
Labor, Health and Human Services, and Edu-
cation, and related agencies for the fiscal year 
ending September 30, 2010, and for other pur-
poses. 
JULY 27, 2009 
Received; read twice and referred to the Committee on 
Appropriations 
AUGUST 4, 2009 
Reported with an amendment