106 
(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 re-
quirement relating to private-sector matching’’; and 
(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.’’. 
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 Pur-
chase From People Who Are Blind or Severely Disabled 
established by Public Law 92–28, $5,396,000. 
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
OPERATING EXPENSES 
For necessary expenses for the Corporation for Na-
tional and Community Service (‘‘the Corporation’’) to 
carry out the Domestic Volunteer Service Act of 1973 
(‘‘1973 Act’’) and the National and Community Service 
Act of 1990 (‘‘1990 Act’’), $792,179,000, of which 
$318,832,000 shall be to carry out the 1973 Act and 
$473,347,000 shall be to carry out the 1990 Act and not-
withstanding 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) $35,000,000 shall be available for 
expenses authorized under section 501(a)(4)(E) of the 
1990 Act; (3) $7,500,000 shall be available for expenses 
to carry out sections 112(e), 179A, and 198O and subtitle 
J of title I of the 1990 Act, notwithstanding section 
501(a)(6) of the 1990 Act; (4) $5,000,000 shall be avail-
able for grants to public or private nonprofit institutions 
to increase the participation of individuals with disabilities 
in national service and for demonstration activities in fur-
therance 
of 
this 
purpose, 
notwithstanding 
section 
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129(k)(1) of the 1990 Act; and (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. 
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’’), 
$178,214,000, 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’’ allocated to grants 
under subtitle C of title I of the 1990 Act to the National 
Service Trust upon determination that such transfer is 
necessary to support the activities of national service par-
ticipants and after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the 
Senate: Provided further, That amounts appropriated for 
or transferred to the National Service Trust may be in-
vested under section 145(b) of the 1990 Act without re-
gard to the requirement to apportion funds under 31 
U.S.C. 1513(b). 
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109 
SALARIES AND EXPENSES 
For necessary expenses of administration as provided 
under section 501(a)(5) 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, 
$80,923,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General 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 make any signifi-
cant changes to program requirements, service delivery or 
policy only through public notice and comment rule-
making. For fiscal year 2010, during any grant selection 
process, an officer or employee of the Corporation shall 
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-
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poration that is authorized by the Corporation to receive 
such information. 
SEC. 402. 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. 403. Donations made to the Corporation for Na-
tional and Community Service under section 196 of the 
National and Community Service Act of 1990 (‘‘1990 
Act’’) for the purposes of financing programs and oper-
ations 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 op-
erations. 
CORPORATION FOR PUBLIC BROADCASTING 
For payment to the Corporation for Public Broad-
casting (‘‘Corporation’’), as authorized by the Commu-
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nications Act of 1934, an amount which shall be available 
within limitations specified by that Act, for the fiscal year 
2012, $440,000,000: Provided, That none of the funds 
made available to the Corporation by this Act shall be used 
to pay for receptions, parties, or similar forms of enter-
tainment for Government officials or employees: Provided 
further, That none of the funds made available to the Cor-
poration by this Act 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, reli-
gion, or sex: Provided further, That none of the 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 
support the Television Future Fund or any similar pur-
pose. 
In addition, for payment to the Corporation for fiscal 
year 2010, $76,000,000 as follows: 
(1) $40,000,000 shall be for fiscal stabilization 
grants to public radio and television licensees, with 
no deduction for administrative or other costs of the 
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Corporation, to maintain local programming and 
services and preserve jobs threatened by declines in 
non-Federal revenues due to the downturn in the 
economy, to be awarded no later than 45 days after 
enactment of this Act; and 
(2) $36,000,000 shall be for costs related to 
digital program production, development, and dis-
tribution, associated with the transition of public 
broadcasting to digital broadcasting, to be awarded 
as determined by the Corporation in consultation 
with public radio and television licensees or permit-
tees, or their designated representatives. 
In addition, for fiscal year 2010, $25,000,000 is 
available pursuant to section 396(k)(10) of the Commu-
nications Act of 1934 for replacement and upgrade of the 
public radio interconnection system. 
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 
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Reform Act, $47,000,000, including $650,000 to remain 
available through September 30, 2011, for activities au-
thorized by the Labor-Management Cooperation Act of 
1978: 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 tech-
nical assistance, including those provided to foreign gov-
ernments and international organizations, and for arbitra-
tion services shall be credited to and merged with this ac-
count, and shall remain available until expended: Provided 
further, That fees for arbitration services shall be available 
only for education, training, and professional development 
of the agency workforce: Provided further, That the Direc-
tor 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. 
FEDERAL MINE SAFETY AND HEALTH REVIEW 
COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mine Safety 
and Health Review Commission, $9,858,000. 
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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, $275,688,000, of which 
$10,132,000 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 
report of the Committee on Appropriations of the House 
of Representatives accompanying this Act. 
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 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, $3,271,000. 
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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 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 
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. 
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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 Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $64,000,000, which shall include 
amounts becoming available in fiscal year 2010 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 
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 
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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 Re-
tirement Act and the Railroad Unemployment Insurance 
Act, $109,073,000, 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. 
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 $8,186,000, 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 
VerDate Nov 24 2008 
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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, 
$20,404,000. 
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, 
$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-
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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 ex-
pended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $40,000 for offi-
cial reception and representation expenses, not more than 
$10,800,500,000 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 
not less than $2,300,000 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 2010 not needed for fiscal year 2010 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-
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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 $273,000,000 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. 
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 redeter-
minations of eligibility, of which, upon a determination by 
the Office of the Chief Actuary that such initiative would 
be at least as cost effective as redeterminations of eligi-
bility, up to $34,000,000 shall be available for one or more 
initiatives to improve asset verification: Provided, That the 
Commissioner shall provide to the Congress (at the conclu-
sion of the fiscal year) a report on the obligation and ex-
penditure of these additional amounts, similar to the re-
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121 
ports 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 admin-
istration fees in excess of $5.00 per supplementary pay-
ment collected pursuant to section 1616(d) of the Social 
Security Act or section 212(b)(3) of Public Law 93–66, 
which shall 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 
General 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. 
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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 
(TRANSFER OF FUNDS) 
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 
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123 
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-
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 Na-
tional Mediation Board is authorized to make available for 
official reception and representation expenses not to ex-
ceed $5,000 from funds available for ‘‘National Mediation 
Board, Salaries and Expenses’’. 
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SEC. 505. 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; 
(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. 506. (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 
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or organization pursuant to a contract or other arrange-
ment. 
SEC. 507. (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 
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). 
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(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, 
or any other kind of health care facility, organization, or 
plan. 
SEC. 508. (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 
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127 
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. 509. (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. 
(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. 510. 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. 
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129 
SEC. 514. 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. 515. (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 
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130 
(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 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 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; 
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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. 516. (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. 
(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. 517. 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, or the fiscal year 2010 budget request. 
SEC. 518. The Secretaries of Labor, Health and 
Human Services, and Education shall each prepare and 
submit to the Committees on Appropriations of the House 
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132 
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 2010, 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 
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. 519. 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-
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133 
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. 520. None of the funds appropriated in this Act 
shall be expended or obligated by the Commissioner of So-
cial Security, for purposes of administering Social Security 
benefit payments under title II of the Social Security Act, 
to process any claim for credit for a quarter of coverage 
based on work performed under a social security account 
number that is not the claimant’s number and the per-
formance of such work under such number has formed the 
basis for a conviction of the claimant of a violation of sec-
tion 208(a)(6) or (7) of the Social Security Act. 
SEC. 521. None of the funds appropriated by this Act 
may be used by the Commissioner of Social Security or 
the Social Security Administration to pay the compensa-
tion of employees of the Social Security Administration 
to administer Social Security benefit payments, under any 
agreement between the United States and Mexico 
establlishing totalization arrangements between the social 
security system established by title II of the Social Secu-
rity Act and the social security system of Mexico, which 
would not otherwise be payble but for such agreement. 
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134 
SEC. 522. None of the funds made available in this 
Act may be used in contravention of title IV of the Per-
sonal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1611 et seq.). 
SEC. 523. None of the funds contained in this Act 
may be used to distribute any needle or syringe for the 
hypodermic injection of any illegal drug in any location 
which is within 1,000 feet of a public or private day care 
center, elementary school, vocational school, secondary 
school, college, junior college, or university, or any public 
swimming pool, park, playground, video arcade, or youth 
center, or an event sponsored by any such entity. 
This Act may be cited as the ‘‘Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2010’’. 
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Union Calendar No. 120 
111TH CONGRESS 
1ST SESSION 
H. R. 3293 
[Report No. 111–220] 
A BILL 
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 22, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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