164 
American Competitiveness and Workforce Improvement Act 
of 1998 may be used for any purpose other than training 
in the occupations and industries for which employers are 
using H–1B visas to hire foreign workers, and the related 
activities necessary to support such training: Provided, 
That the preceding limitation shall not apply to multi-year 
grants awarded prior to June 30, 2007. 
SEC. 105. None of the funds available in this Act or 
available to the Secretary of Labor from other sources for 
grants under the Career Pathways Innovation Fund and 
grants authorized under section 414(c) of the American 
Competitiveness and Workforce Improvement Act of 1998 
shall be obligated for a grant awarded on a non-competitive 
basis. 
SEC. 106. The Secretary of Labor shall take no action 
to amend, through regulatory or administration action, the 
definition established in section 667.220 of title 20 of the 
Code of Federal Regulations for functions and activities 
under title I of the Workforce Investment Act of 1998, or 
to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in 
subtitle B of title I of that Act (including applying the 
standards specified in section 116(a)(3)(B) of that Act, but 
notwithstanding the time limits specified in section 
116(a)(3)(B) of that Act), until such time as legislation re-
165 
authorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary to withdraw 
approval for such redesignation from a State that received 
the approval not later than October 12, 2005, or to revise 
action taken or modify the redesignation procedure being 
used by the Secretary in order to complete such redesigna-
tion for a State that initiated the process of such redesigna-
tion by submitting any request for such redesignation not 
later than October 26, 2005. 
SEC. 107. None of the funds appropriated in this Act 
under the heading ‘‘Employment and Training Adminis-
tration’’ shall be used by a recipient or subrecipient of such 
funds to pay the salary and bonuses of an individual, either 
as direct costs or indirect costs, at a rate in excess of Execu-
tive Level II. This limitation shall not apply to vendors 
providing goods and services as defined in Office of Man-
agement and Budget Circular A–133. Where States are re-
cipients of such funds, States may establish a lower limit 
for salaries and bonuses of those receiving salaries and bo-
nuses from subrecipients of such funds, taking into account 
factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local govern-
ment employees, and the size of the organizations that ad-
minister Federal programs involved including Employment 
and Training Administration programs.
166 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 108. The Secretary of Labor shall submit to the 
Committees on Appropriations of the House of Representa-
tives and the Senate a plan for the transfer of the adminis-
tration of the Job Corps program authorized under title I– 
C of the Workforce Investment Act of 1998 from the Office 
of the Secretary to the Employment and Training Adminis-
tration. As of the date that is 15 days after the date of sub-
mission of such plan, the Secretary may transfer the ad-
ministration and appropriated funds of the program from 
the Office of the Secretary and the provisions of section 102 
of Public Law 109–149 shall no longer be applicable. 
This title may be cited as the ‘‘Department of Labor 
Appropriations Act, 2010’’. 
TITLE II 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
For carrying out titles II, III, IV, VII, VIII, X, XI, 
XII, XIX, and XXVI of the Public Health Service Act 
(‘‘PHS Act’’), section 427(a) of the Federal Coal Mine 
Health and Safety Act, title V and sections 711, 1128E, 
and 1820 of the Social Security Act, the Health Care Qual-
ity Improvement Act of 1986, the Native Hawaiian Health
167 
Care Act of 1988, the Cardiac Arrest Survival Act of 2000, 
section 712 of the American Jobs Creation Act of 2004, and 
the Stem Cell Therapeutic and Research Act of 2005, 
$7,238,799,000, of which $39,200,000 from general reve-
nues, notwithstanding section 1820(j) of the Social Security 
Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under such section: Pro-
vided, That of the funds made available under this heading, 
$2,000,000 shall be to carry out section 1820(g)(6) of the 
Social Security Act: Provided further, That amounts pro-
vided for such grants shall be available for the purchase 
and implementation of telehealth services, including pilots 
and demonstrations on the use of electronic health record 
to coordinate rural veterans care between rural providers 
and the Department of Veterans Affairs through the use of 
the VISTA-Electronic Health Record: Provided further, 
That of the funds made available under this heading, 
$129,000 shall be available until expended for facilities ren-
ovations at the Gillis W. Long Hansen’s Disease Center: 
Provided further, That in addition to fees authorized by sec-
tion 427(b) of the Health Care Quality Improvement Act 
of 1986, fees shall be collected for the full disclosure of infor-
mation under the Act sufficient to recover the full costs of 
operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Pro-
168 
vided further, That fees collected for the full disclosure of 
information under the ‘‘Health Care Fraud and Abuse Data 
Collection Program’’, authorized by section 1128E(d)(2) of 
the Social Security Act, shall be sufficient to recover the 
full costs of operating the program, and shall remain avail-
able until expended to carry out that Act: Provided further, 
That no more than $40,000 is available until expended for 
carrying out the provisions of section 224(o) of the PHS 
Act including associated administrative expenses and rel-
evant evaluations: Provided further, That no more than 
$44,055,000 is available until expended for carrying out the 
provisions of Public Law 104–73 and for expenses incurred 
by the Department of Health and Human Services per-
taining to administrative claims made under such law: 
Provided further, That of the funds made available under 
this heading, $317,491,000 shall be for the program under 
title X of the PHS Act to provide for voluntary family plan-
ning projects: Provided further, That amounts provided to 
said projects under such title shall not be expended for abor-
tions, that all pregnancy counseling shall be nondirective, 
and that such amounts shall not be expended for any activ-
ity (including the publication or distribution of literature) 
that in any way tends to promote public support or opposi-
tion to any legislative proposal or candidate for public of-
fice: Provided further, That of the funds available under
169 
this heading, $1,916,873,000 shall remain available to the 
Secretary of Health and Human Services through Sep-
tember 30, 2012, for parts A and B of title XXVI of the 
PHS Act: Provided further, That $835,000,000 shall be for 
State AIDS Drug Assistance Programs authorized by sec-
tion 2616 of the PHS Act: Provided further, That in addi-
tion to amounts provided herein, $25,000,000 shall be avail-
able from amounts available under section 241 of the PHS 
Act to carry out parts A, B, C, and D of title XXVI of 
the PHS Act to fund section 2691 Special Projects of Na-
tional Significance: Provided further, That notwith-
standing section 703 of Public Law 109–415, title XXVI 
of the PHS Act shall continue in effect until October 1, 
2010, unless prior to that date, authorization is enacted 
into law otherwise extending this authority: Provided fur-
ther, That notwithstanding section 502(a)(1) and 502(b)(1) 
of the Social Security Act, not to exceed $92,551,000 is 
available for carrying out special projects of regional and 
national significance pursuant to section 501(a)(2) of such 
Act and $10,400,000 is available for projects described in 
paragraphs (A) through (F) of section 501(a)(3) of such Act: 
Provided further, That notwithstanding section 747(e)(2) of 
the PHS Act, not less than $29,025,000 shall be for family 
medicine programs, not less than $7,575,000 shall be for 
general dentistry programs, and not less than $7,575,000