206 
program, project, or activity, but no such program, project, 
or activity shall be increased by more than 3 percent by 
any such transfer: Provided, That the transfer authority 
granted by this section shall be available only to meet emer-
gency needs and shall not be used to create any new pro-
gram or to fund any project or activity for which no funds 
are provided in this Act: Provided further, That the Com-
mittees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance 
of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 207. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes and 
centers from the total amounts identified by these two Di-
rectors as funding for research pertaining to the human im-
munodeficiency virus: Provided, That the Committees on 
Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any 
transfer. 
(TRANSFER OF FUNDS) 
SEC. 208. Of the amounts made available in this Act 
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as 
jointly determined by the Director of the National Institutes
207 
of Health and the Director of the Office of AIDS Research, 
shall be made available to the ‘‘Office of AIDS Research 
Office’’ account. The Director of the Office of AIDS Re-
search shall transfer from such account amounts necessary 
to carry out section 2353(d)(3) of the Public Health Service 
Act. 
SEC. 209. None of the funds appropriated in this Act 
may be made available to any entity under title X of the 
Public Health Service Act unless the applicant for the 
award certifies to the Secretary of Health and Human 
Services that it encourages family participation in the deci-
sion of minors to seek family planning services and that 
it provides counseling to minors on how to resist attempts 
to coerce minors into engaging in sexual activities. 
SEC. 210. Notwithstanding any other provision of law, 
no provider of services under title X of the Public Health 
Service Act shall be exempt from any State law requiring 
notification or the reporting of child abuse, child molesta-
tion, sexual abuse, rape, or incest. 
SEC. 211. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be 
used to carry out the Medicare Advantage program if the 
Secretary of Health and Human Services denies participa-
tion in such program to an otherwise eligible entity (includ-
ing a Provider Sponsored Organization) because the entity
208 
informs the Secretary that it will not provide, pay for, pro-
vide coverage of, or provide referrals for abortions: Pro-
vided, That the Secretary shall make appropriate prospec-
tive adjustments to the capitation payment to such an enti-
ty (based on an actuarially sound estimate of the expected 
costs of providing the service to such entity’s enrollees): Pro-
vided further, That nothing in this section shall be con-
strued to change the Medicare program’s coverage for such 
services and a Medicare Advantage organization described 
in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered 
services. 
SEC. 212. (a) Except as provided by subsection (e) 
none of the funds appropriated for fiscal year 2010 or any 
subsequent fiscal year by this or any subsequent appropria-
tions Act may be used to withhold substance abuse funding 
from a State pursuant to section 1926 of the Public Health 
Service Act (‘‘PHS Act’’) if such State certifies to the Sec-
retary of Health and Human Services by May 1 of the fiscal 
year for which the funds are appropriated, that the State 
will commit additional State funds, in accordance with 
subsection (b), to ensure compliance with State laws prohib-
iting the sale of tobacco products to individuals under 18 
years of age.
209 
(b) The amount of funds to be committed by a State 
under subsection (a) shall be equal to 1 percent of such 
State’s substance abuse block grant allocation for each per-
centage point by which the State misses the retailer compli-
ance rate goal established by the Secretary under section 
1926 of such Act. 
(c) The State is to maintain State expenditures in 
such fiscal year for tobacco prevention programs and for 
compliance activities at a level that is not less than the level 
of such expenditures maintained by the State for the pre-
ceding fiscal year, and adding to that level the additional 
funds for tobacco compliance activities required under sub-
section (a). The State is to submit a report to the Secretary 
on all State obligations of funds for such fiscal year and 
all State expenditures for the preceding fiscal year for to-
bacco prevention and compliance activities by program ac-
tivity by July 31 of such fiscal year. 
(d) The Secretary shall exercise discretion in enforcing 
the timing of the State obligation of the additional funds 
required by the certification described in subsection (a) as 
late as July 31 of such fiscal year. 
(e) None of the funds appropriated by this or any sub-
sequent appropriations Act may be used to withhold sub-
stance abuse funding pursuant to section 1926 of the PHS 
Act from a territory that receives less than $1,000,000.
210 
SEC. 213. In order for the Department of Health and 
Human Services to carry out international health activi-
ties, including HIV/AIDS and other infectious disease, 
chronic and environmental disease, and other health activi-
ties abroad during fiscal year 2010: 
(1) The Secretary of Health and Human Serv-
ices may exercise authority equivalent to that avail-
able to the Secretary of State in section 2(c) of the 
State Department Basic Authorities Act of 1956. The 
Secretary of Health and Human Services shall con-
sult with the Secretary of State and relevant Chief of 
Mission to ensure that the authority provided in this 
section is exercised in a manner consistent with sec-
tion 207 of the Foreign Service Act of 1980 and other 
applicable statutes administered by the Department of 
State. 
(2) The Secretary of Health and Human Serv-
ices is authorized to provide such funds by advance 
or reimbursement to the Secretary of State as may be 
necessary to pay the costs of acquisition, lease, alter-
ation, renovation, and management of facilities out-
side of the United States for the use of the Depart-
ment of Health and Human Services. The Depart-
ment of State shall cooperate fully with the Secretary 
of Health and Human Services to ensure that the De-
211 
partment of Health and Human Services has secure, 
safe, functional facilities that comply with applicable 
regulation governing location, setback, and other fa-
cilities requirements and serve the purposes estab-
lished by this Act. The Secretary of Health and 
Human Services is authorized, in consultation with 
the Secretary of State, through grant or cooperative 
agreement, to make available to public or nonprofit 
private institutions or agencies in participating for-
eign countries, funds to acquire, lease, alter, or ren-
ovate facilities in those countries as necessary to con-
duct programs of assistance for international health 
activities, including activities relating to HIV/AIDS 
and other infectious diseases, chronic and environ-
mental diseases, and other health activities abroad. 
(3) The Secretary of Health and Human Serv-
ices is authorized to provide to personnel appointed 
or assigned by the Secretary to serve abroad, allow-
ances and benefits similar to those provided under 
chapter 9 of title I of the Foreign Service Act of 1980, 
and 22 U.S.C. 4081 through 4086 and subject to such 
regulations prescribed by the Secretary. The Secretary 
is further authorized to provide locality-based com-
parability payments (stated as a percentage) up to 
the amount of the locality-based comparability pay-
212 
ment (stated as a percentage) that would be payable 
to such personnel under section 5304 of title 5, United 
States Code if such personnel’s official duty station 
were in the District of Columbia. Leaves of absence 
for personnel under this subsection shall be on the 
same basis as that provided under subchapter I of 
chapter 63 of title 5, United States Code, or section 
903 of the Foreign Service Act of 1980, to individuals 
serving in the Foreign Service. 
SEC. 214. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes of Health (‘‘Director’’) may use funds available under 
section 402(b)(7) or 402(b)(12) of the Public Health Service 
Act (‘‘PHS Act’’) to enter into transactions (other than con-
tracts, cooperative agreements, or grants) to carry out re-
search identified pursuant to such section 402(b)(7) (per-
taining to the Common Fund) or research and activities 
described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director may utilize such peer re-
view procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appro-
priate to obtain assessments of scientific and technical 
merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review proce-
213 
dures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
494 of the PHS Act. 
SEC. 215. Funds which are available for Individual 
Learning Accounts for employees of the Centers for Disease 
Control and Prevention (‘‘CDC’’) and the Agency for Toxic 
Substances and Disease Registry (‘‘ATSDR’’) may be 
transferred to ‘‘Disease Control, Research, and Training’’, 
to be available only for Individual Learning Accounts: Pro-
vided, That such funds may be used for any individual full- 
time equivalent employee while such employee is employed 
either by CDC or ATSDR. 
SEC. 216. Notwithstanding any other provisions of 
law, funds made available in this Act may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408. 
SEC. 217. Not to exceed $35,000,000 of funds appro-
priated by this Act to the institutes and centers of the Na-
tional Institutes of Health may be used for alteration, re-
pair, or improvement of facilities, as necessary for the prop-
er and efficient conduct of the activities authorized herein, 
at not to exceed $2,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 218. Of the amounts made available for the Na-
tional Institutes of Health, 1 percent of the amount made
214 
available for National Research Service Awards (‘‘NRSA’’) 
shall be made available to the Administrator of the Health 
Resources and Services Administration to make NRSA 
awards for research in primary medical care to individuals 
affiliated with entities who have received grants or contracts 
under section 747 of the Public Health Service Act, and 
1 percent of the amount made available for NRSA shall 
be made available to the Director of the Agency for 
Healthcare Research and Quality to make NRSA awards 
for health service research. 
SEC. 219. By May 1, 2010, the Secretary of the De-
partment of Health and Human Services shall amend regu-
lations at 42 CFR Part 50 Subpart F for the purpose of 
strengthening Federal and institutional oversight and iden-
tifying enhancements, including requirements for financial 
disclosure to institutions, governing financial conflicts of 
interest among extramural investigators receiving grant 
support from the National Institutes of Health. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2010’’. 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’), section 418A of
215 
the Higher Education Act of 1965 and S. 1121, as intro-
duced in the Senate on May 21, 2009, $15,891,132,000, of 
which $4,930,976,000 shall become available on July 1, 
2009, and shall remain available through September 30, 
2010, and of which $10,841,176,000 shall become available 
on October 1, 2009, and shall remain available through 
September 30, 2010, for academic year 2010–2011: Pro-
vided, That $5,897,946,000 shall be for basic grants under 
section 1124 of the ESEA: Provided further, That up to 
$4,000,000 of these funds shall be available to the Secretary 
of Education on October 1, 2009, to obtain annually up-
dated local educational-agency-level census poverty data 
from the Bureau of the Census: Provided further, That 
$1,365,031,000 shall be for concentration grants under sec-
tion 1124A of the ESEA: Provided further, That 
$3,264,712,000 shall be for targeted grants under section 
1125 of the ESEA: Provided further, That $3,264,712,000 
shall be for education finance incentive grants under section 
1125A of the ESEA: Provided further, That $9,167,000 
shall be to carry out sections 1501 and 1503 of the ESEA: 
Provided further, That $575,633,000 shall be available for 
school improvement grants under section 1003(g) of the 
ESEA, of which up to $30,000,000 shall be for competitive 
awards to local educational agencies located in counties in 
Louisiana, Mississippi, and Texas that were designated by
216 
the Federal Emergency Management Agency as counties eli-
gible for Individual Assistance due to damage caused by 
Hurricanes Katrina, Ike, or Gustav (and such awards shall 
be used to improve education in areas affected by the hurri-
canes, including for such activities as replacing instruc-
tional materials and equipment; paying teacher incentives; 
constructing, modernizing, or renovating school buildings; 
beginning or expanding Advanced Placement or other rig-
orous courses; supporting the expansion of charter schools; 
and supporting after-school or extended learning time ac-
tivities); and of which the remainder of such funds shall 
be allocated by the Secretary through the formula described 
in section 1003(g)(2) and shall be used consistent with the 
requirements of section 1003(g), except that local edu-
cational agencies may use such funds (and funds appro-
priated for section 1003(g) under the American Recovery 
and Reinvestment Act) to serve any school eligible to receive 
assistance under part A of title I that has not made ade-
quate yearly progress for at least two years or is in the 
State’s lowest quintile of performance based on proficiency 
rates: Provided further, That each State educational agency 
shall ensure that 40 percent of its allocation under such 
formula is spent on improvement activities in middle and 
high schools, unless the State educational agency determines 
that all title I, part A-eligible middle and high schools that
217 
have not made adequate yearly progress for at least two 
years or are in the State’s lowest quintile of performance 
based on proficiency rates can be served with a lesser 
amount: Provided further, That notwithstanding section 
1003(g)(5)(A), the Secretary may establish minimum and 
maximum subgrant sizes applicable to such funds and to 
the funds appropriated for section 1003(g) under the Amer-
ican Recovery and Reinvestment Act: Provided further, 
That the ESEA title I, part A funds awarded to local edu-
cational agencies under the American Recovery and Rein-
vestment Act of 2009 for fiscal year 2009 shall not be con-
sidered for the purpose of calculating hold-harmless 
amounts under subsections 1122(c) and 1125A(g)(3) in 
making allocations under title I, part A for fiscal year 2010 
and succeeding years and, notwithstanding section 1003(e), 
shall not be considered for the purpose of reserving funds 
under section 1003(a): Provided further, That $262,920,000 
shall be available under section 1502 of the ESEA for a 
comprehensive literacy development and education program 
to advance literacy skills, including pre-literacy skills, read-
ing, and writing, for students from birth through grade 12, 
including limited-English-proficient students and students 
with disabilities, of which one-half of 1 percent shall be re-
served for the Secretary of the Interior for such a program 
at schools funded by the Bureau of Indian Education, one-
218 
half of 1 percent shall be reserved for grants to the outlying 
areas for such a program, $10,000,000 shall be reserved for 
formula grants to States to establish or support a State Lit-
eracy Team with expertise in literacy development and edu-
cation for children from birth through grade 12 to assist 
the State in developing a comprehensive literacy plan, up 
to 5 percent may be reserved for national activities, and 
the remainder shall be used to award competitive grants 
to State educational agencies for such a program, of which 
a State educational agency shall subgrant not less than 95 
percent to local educational agencies or, in the case of early 
literacy, to local educational agencies or other entities pro-
viding early childhood care and education, giving priority 
to such agencies or other entities serving greater numbers 
or percentages of disadvantaged children: Provided further, 
That the State educational agency shall ensure that at least 
15 percent of the subgranted funds are used to serve children 
from birth through age 5, 40 percent are used to serve stu-
dents in kindergarten through grade 5, and 40 percent are 
used to serve students in middle and high school including 
an equitable distribution of funds between middle and high 
schools: Provided further, That eligible entities receiving 
subgrants from State educational agencies shall use such 
funds for services and activities that have the characteristics 
of effective literacy instruction through professional develop-
219 
ment, screening and assessment, targeted interventions for 
students reading below grade level and other research-based 
methods of improving classroom instruction and practice. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965, 
$1,265,718,000, of which $1,128,535,000 shall be for basic 
support payments under section 8003(b), $48,602,000 shall 
be for payments for children with disabilities under section 
8003(d), $17,509,000 shall be for construction under section 
8007(a), $66,208,000 shall be for Federal property pay-
ments under section 8002, and $4,864,000, to remain avail-
able until expended, shall be for facilities maintenance 
under section 8008: Provided, That for purposes of com-
puting the amount of a payment for an eligible local edu-
cational agency under section 8003(a) for school year 2009– 
2010, children enrolled in a school of such agency that 
would otherwise be eligible for payment under section 
8003(a)(1)(B) of such Act, but due to the deployment of both 
parents or legal guardians, or a parent or legal guardian 
having sole custody of such children, or due to the death 
of a military parent or legal guardian while on active duty 
(so long as such children reside on Federal property as de-
scribed in section 8003(a)(1)(B)), are no longer eligible
220 
under such section, shall be considered as eligible students 
under such section, provided such students remain in aver-
age daily attendance at a school in the same local edu-
cational agency they attended prior to their change in eligi-
bility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities author-
ized by parts A, B, and D of title II, part B of title IV, 
subparts 6 and 9 of part D of title V, parts A and B of 
title VI, and parts B and C of title VII of the Elementary 
and Secondary Education Act of 1965 (‘‘ESEA’’); the 
McKinney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact 
of Free Association Amendments Act of 2003; part Z of title 
VIII of the Higher Education Act (‘‘HEA’’); and the Civil 
Rights 
Act 
of 
1964, 
$5,197,316,000, 
of 
which 
$3,330,993,000 shall become available on July 1, 2010, and 
remain available through September 30, 2011, and of which 
$1,681,441,000 shall become available on October 1, 2010, 
and shall remain available through September 30, 2011, for 
academic year 2010–2011: Provided, That funds made 
available to carry out part B of title VII of the ESEA may 
be used for construction, renovation, and modernization of 
any elementary school, secondary school, or structure re-
lated to an elementary school or secondary school, run by
221 
the Department of Education of the State of Hawaii, that 
serves a predominantly Native Hawaiian student body: 
Provided further, That from the funds referred to in the pre-
ceding proviso, not less than $1,500,000 shall be for the ac-
tivities described in such proviso and $1,500,000 shall be 
for a grant to the University of Hawaii School of Law for 
a Center of Excellence in Native Hawaiian law: Provided 
further, That $500,000 shall be for part Z of title VIII of 
the HEA: Provided further, That funds made available to 
carry out part C of title VII of the ESEA may be used 
for construction: Provided further, That up to 100 percent 
of the funds available to a State educational agency under 
part D of title II of the ESEA may be used for subgrants 
described in section 2412(a)(2)(B) of such Act: Provided 
further, That $57,113,000 shall be available to carry out 
section 203 of the Educational Technical Assistance Act of 
2002: Provided further, That $35,463,000 shall be available 
to carry out part D of title V of the ESEA: Provided fur-
ther, That no funds appropriated under this heading may 
be used to carry out section 5494 under the ESEA: Provided 
further, That $17,687,000 shall be available to carry out 
the Supplemental Education Grants program for the Fed-
erated States of Micronesia and the Republic of the Mar-
shall Islands: Provided further, That up to 5 percent of these 
amounts may be reserved by the Federated States of Micro-
222 
nesia and the Republic of the Marshall Islands to admin-
ister the Supplemental Education Grants programs and to 
obtain technical assistance, oversight and consultancy serv-
ices in the administration of these grants and to reimburse 
the United States Departments of Labor, Health and 
Human Services, and Education for such services: Provided 
further, That $9,729,000 of the funds available for the For-
eign Language Assistance Program shall be available for 
5-year grants to local educational agencies that would work 
in partnership with one or more institutions of higher edu-
cation to establish or expand articulated programs of study 
in languages critical to United States national security that 
will enable successful students to advance from elementary 
school through college to achieve a superior level of pro-
ficiency in those languages. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent not 
otherwise provided, title VII, part A of the Elementary and 
Secondary Education Act of 1965, $122,282,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by part G of 
title I, subpart 5 of part A and parts C and D of title 
II, parts B, C, and D of title V, and section 1504 of the 
Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’), and by part F of title VIII of the Higher Edu-
223 
cation Act of 1965, $1,234,787,000: Provided, That 
$10,649,000 shall be provided to the National Board for 
Professional Teaching Standards to carry out section 
2151(c) of the ESEA: Provided further, That from funds 
for subpart 4, part C of title II of the ESEA, up to 3 percent 
shall be available to the Secretary of Education for technical 
assistance and dissemination of information: Provided fur-
ther, That $510,209,000 shall be available to carry out part 
D of title V of the ESEA: Provided further, That 
$39,302,000 shall be used for the projects, and in the 
amounts, specified under the heading ‘‘Innovation and Im-
provement’’ in the committee report of the Senate accom-
panying this Act: Provided further, That $1,000,000 shall 
be for a national clearinghouse that will collect and dis-
seminate information on effective educational practices and 
the latest research regarding the planning, design, financ-
ing, construction, improvement, operation, and mainte-
nance of safe, healthy, high-performance public facilities for 
nursery and pre-kindergarten, kindergarten through grade 
12, and higher education: Provided further, That 
$300,000,000 of the funds for subpart 1 of part D of title 
V of the ESEA shall be for competitive grants to local edu-
cational agencies, including charter schools that are local 
educational agencies, or States, or partnerships of: (1) a 
local educational agency, a State, or both; and (2) at least
224 
one non-profit organization to develop and implement per-
formance-based compensation systems for teachers, prin-
cipals, and other personnel in high-need schools: Provided 
further, That such performance-based compensation systems 
must consider gains in student academic achievement as 
well as classroom evaluations conducted multiple times dur-
ing each school year among other factors and provide edu-
cators with incentives to take on additional responsibilities 
and leadership roles: Provided further, That recipients of 
such grants shall demonstrate that such performance-based 
systems are developed with the input of teachers and school 
leaders in the schools and local educational agencies to be 
served by the grant: Provided further, That recipients of 
such grants may use such funds to develop or improve sys-
tems and tools (which may be developed and used for the 
entire local educational agency or only for schools served 
under the grant) that would enhance the quality and success 
of the compensation system, such as high-quality teacher 
evaluations and tools to measure growth in student achieve-
ment: Provided further, That applications for such grants 
should include a plan to sustain financially the activities 
conducted and systems developed under the grant once the 
grant period has expired: Provided further, That up to 5 
percent of such funds for competitive grants shall be avail-
able for technical assistance, training, peer review of appli-