from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund. 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
For expenses necessary for the Office of the National 
Coordinator for Health Information Technology, including 
grants, contracts, and cooperative agreements for the de-
velopment and advancement of interoperable health infor-
mation technology, $61,342,000, which shall be available 
from amounts available under section 241 of the Public 
Health Service Act. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector 
General, including the hire of passenger motor vehicles for 
investigations, in carrying out the provisions of the Inspec-
tor General Act of 1978, $50,279,000: Provided, That of 
such amount, necessary sums shall be available for pro-
viding protective services to the Secretary of Health and 
Human Services and investigating non-payment of child 
support cases for which non-payment is a Federal offense 
under 18 U.S.C. 228: Provided further, That at least forty 
percent of the funds provided in this Act for the Office 
of Inspector General shall be used only for investigations, 
audits, and evaluations pertaining to the discretionary 
programs funded in this Act. 
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OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, $37,785,000, together with not to exceed 
$3,314,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the 
Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR 
COMMISSIONED OFFICERS 
For retirement pay and medical benefits of Public 
Health Service Commissioned Officers as authorized by 
law, for payments under the Retired Serviceman’s Family 
Protection Plan and Survivor Benefit Plan, and for med-
ical care of dependents and retired personnel under the 
Dependents’ Medical Care Act, such amounts as may be 
required during the current fiscal year. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to support activities related 
to countering potential biological, nuclear, radiological, 
chemical, and cybersecurity threats to civilian populations, 
and for other public health emergencies and to pay the 
costs described in section 319F–2(c)(7)(B) of the Public 
Health Service Act (‘‘PHS Act’’), $607,482,000; of which 
VerDate Nov 24 2008 
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$35,565,000 shall be to support preparedness and emer-
gency operations, of which $5,000,000 shall remain avail-
able through September 30, 2011; and of which 
$10,000,000, to remain available through September 30, 
2011, shall be to support the delivery of medical counter-
measures: Provided, That of the amount made available 
herein for the delivery of medical countermeasures, up to 
$8,000,000 may be transferred to the U.S. Postal Service 
to support delivery of medical countermeasures. 
For expenses necessary to support advanced research 
and development pursuant to section 319L of the PHS 
Act, $305,000,000, to be derived by transfer from funds 
appropriated under the heading ‘‘Biodefense Counter-
measures’’ in the Department of Homeland Security Ap-
propriations Act, 2004, to remain available through Sep-
tember 30, 2011. 
For expenses necessary to prepare for and respond 
to an influenza pandemic, $354,167,000, of which 
$276,000,000 shall be available until expended, for activi-
ties including the development and purchase of vaccine, 
antivirals, necessary medical supplies, diagnostics, and 
other surveillance tools: Provided, That products pur-
chased with these funds may, at the discretion of the Sec-
retary of Health and Human Services, be deposited in the 
Strategic National Stockpile under section 319F–2(a) of 
VerDate Nov 24 2008 
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the PHS Act: Provided further, That notwithstanding sec-
tion 496(b) of the PHS Act, funds may be used for the 
construction or renovation of privately owned facilities for 
the production of pandemic influenza vaccines and other 
biologics, if the Secretary finds such construction or ren-
ovation necessary to secure sufficient supplies of such vac-
cines or biologics: Provided further, That funds appro-
priated herein may be transferred to other appropriation 
accounts of the Department of Health and Human Serv-
ices, as determined by the Secretary to be appropriate, to 
be used for the purposes specified in this paragraph. 
All remaining balances from funds appropriated 
under the heading ‘‘Biodefense Countermeasures’’ in the 
Department of Homeland Security Appropriations Act, 
2004, shall be transferred to this account, and shall re-
main available for obligation through September 30, 2013, 
for the procurement of medical countermeasures pursuant 
to section 319F-2(c) of the PHS Act: Provided, That 
products purchased with these funds shall be deposited in 
the Strategic National Stockpile under section 319F-2(a) 
of the PHS Act. 
For expenses necessary for fit-out and other costs re-
lated to a competitive lease procurement to renovate or 
replace the existing headquarters building for Public 
Health Service agencies and other components of the De-
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partment of Health and Human Services, $70,000,000, to 
remain available until expended. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be 
available for not to exceed $50,000 for official reception 
and representation expenses when specifically approved by 
the Secretary of Health and Human Services. 
SEC. 202. The Secretary of Health and Human Serv-
ices shall make available through assignment not more 
than 60 employees of the Public Health Service to assist 
in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for Inter-
national Development, the United Nations International 
Children’s Emergency Fund or the World Health Organi-
zation. 
SEC. 203. None of the funds appropriated in this Act 
for the National Institutes of Health, the Agency for 
Healthcare Research and Quality, and the Substance 
Abuse and Mental Health Services Administration shall 
be used to pay the salary of an individual, through a grant 
or other extramural mechanism, at a rate in excess of Ex-
ecutive Level I. 
SEC. 204. None of the funds appropriated in this Act 
may be expended pursuant to section 241 of the Public 
Health Service Act, except for funds specifically provided 
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for in this Act, or for other taps and assessments made 
by any office located in the Department of Health and 
Human Services, prior to the preparation and submission 
of a report by the Secretary of Health and Human Serv-
ices to the Committees on Appropriations of the House 
of Representatives and the Senate detailing the planned 
uses of such funds. 
SEC. 205. Notwithstanding section 241(a) of the 
Public Health Service Act, such portion as the Secretary 
of Health and Human Services shall determine, but not 
more than 2.4 percent, of any amounts appropriated for 
programs authorized under such Act shall be made avail-
able for the evaluation (directly, or by grants or contracts) 
of the implementation and effectiveness of such programs. 
(TRANSFER OF FUNDS) 
SEC. 206. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the current fiscal year for the Department of 
Health and Human Services in this Act may be trans-
ferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by 
this section shall be available only to meet emergency 
needs and shall not be used to create any new program 
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or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Commit-
tees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance 
of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 207. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS 
Research, may transfer up to 3 percent among institutes 
and centers from the total amounts identified by these two 
Directors as funding for research pertaining to the human 
immunodeficiency virus: Provided, That the Committees 
on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any 
transfer. 
(TRANSFER OF FUNDS) 
SEC. 208. Of the amounts made available in this Act 
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as 
jointly determined by the Director of the National Insti-
tutes of Health and the Director of the Office of AIDS 
Research, shall be made available to the ‘‘Office of AIDS 
Research’’ account. The Director of the Office of AIDS 
Research shall transfer from such account amounts nec-
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essary to carry out section 2353(d)(3) of the Public 
Health Service Act. 
SEC. 209. None of the funds appropriated in this Act 
may be made available to any entity under title X of the 
Public Health Service Act unless the applicant for the 
award certifies to the Secretary of Health and Human 
Services that it encourages family participation in the de-
cision of minors to seek family planning services and that 
it provides counseling to minors on how to resist attempts 
to coerce minors into engaging in sexual activities. 
SEC. 210. Notwithstanding any other provision of 
law, no provider of services under title X of the Public 
Health Service Act shall be exempt from any State law 
requiring notification or the reporting of child abuse, child 
molestation, sexual abuse, rape, or incest. 
SEC. 211. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be 
used to carry out the Medicare Advantage program if the 
Secretary of Health and Human Services denies participa-
tion in such program to an otherwise eligible entity (in-
cluding a Provider Sponsored Organization) because the 
entity informs the Secretary that it will not provide, pay 
for, provide coverage of, or provide referrals for abortions: 
Provided, That the Secretary shall make appropriate pro-
spective adjustments to the capitation payment to such an 
VerDate Nov 24 2008 
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entity (based on an actuarially sound estimate of the ex-
pected costs of providing the service to such entity’s enroll-
ees): Provided further, That nothing in this section shall 
be construed to change the Medicare program’s coverage 
for such services and a Medicare Advantage organization 
described in this section shall be responsible for informing 
enrollees where to obtain information about all Medicare 
covered services. 
SEC. 212. (a) Except as provided by subsection (e) 
none of the funds appropriated for fiscal year 2010 or any 
subsequent fiscal year by this or any subsequent appro-
priations Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Pub-
lic Health Service Act (‘‘PHS Act’’) if such State certifies 
to the Secretary 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 ac-
cordance with subsection (b), to ensure compliance with 
State laws prohibiting the sale of tobacco products to indi-
viduals under 18 years of age. 
(b) The amount of funds to be committed by a State 
under subsection (a) shall be equal to 1 percent of such 
State’s substance abuse block grant allocation for each 
percentage point by which the State misses the retailer 
VerDate Nov 24 2008 
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compliance 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 
preceding fiscal year, and adding to that level the addi-
tional funds for tobacco compliance activities required 
under subsection (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 tobacco prevention and compliance activities 
by program activity by July 31 of such fiscal year. 
(d) The Secretary shall exercise discretion in enforc-
ing the timing of the State obligation of the additional 
funds required by the certification described in subsection 
(a) as late as July 31 of such fiscal year. 
(e) None of the funds appropriated by this or any 
subsequent appropriations Act may be used to withhold 
substance abuse funding pursuant to section 1926 of the 
PHS Act from a territory that receives less than 
$1,000,000. 
SEC. 213. In order for the Department of Health and 
Human Services to carry out international health activi-
ties, including HIV/AIDS and other infectious disease, 
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chronic and environmental disease, and other health ac-
tivities 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 
consult with the Secretary of State and relevant 
Chief of Mission to ensure that the authority pro-
vided in this section is exercised in a manner con-
sistent with section 207 of the Foreign Service Act 
of 1980 and other applicable statutes administered 
by the Department of State. 
(2) The Secretary of Health and Human Serv-
ices is authorized to provide such funds by advance 
or reimbursement to the Secretary of State as may 
be necessary to pay the costs of acquisition, lease, 
alteration, renovation, and management of facilities 
outside of the United States for the use of the De-
partment of Health and Human Services. The De-
partment of State shall cooperate fully with the Sec-
retary of Health and Human Services to ensure that 
the Department of Health and Human Services has 
secure, safe, functional facilities that comply with 
applicable regulation governing location, setback, 
VerDate Nov 24 2008 
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and other facilities requirements and serve the pur-
poses established by this Act. The Secretary of 
Health and Human Services is authorized, in con-
sultation with the Secretary of State, through grant 
or cooperative agreement, to make available to pub-
lic or nonprofit private institutions or agencies in 
participating foreign countries, funds to acquire, 
lease, alter, or renovate facilities in those countries 
as necessary to conduct programs of assistance for 
international health activities, including activities re-
lating to HIV/AIDS and other infectious diseases, 
chronic and environmental diseases, and other health 
activities abroad. 
SEC. 214. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of the National Insti-
tutes of Health (‘‘Director’’) may use funds available 
under section 402(b)(7) or 402(b)(12) of the Public 
Health Service Act (‘‘PHS Act’’) to enter into trans-
actions (other than contracts, cooperative agreements, or 
grants) to carry out research identified pursuant to such 
section 402(b)(7) (pertaining to the Common Fund) or re-
search and activities described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director may utilize such peer 
review procedures (including consultation with appropriate 
VerDate Nov 24 2008 
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scientific experts) as the Director determines to be appro-
priate to obtain assessments of scientific and technical 
merit. Such procedures shall apply to such transactions 
in lieu of the peer review and advisory council review pro-
cedures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the PHS Act. 
SEC. 215. Notwithstanding any other provisions of 
law, funds made available under this Act may be used to 
continue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102-408. 
SEC. 216. Not to exceed $35,000,000 of funds appro-
priated by this Act to the institutes and centers of the 
National Institutes of Health may be used for alteration, 
repair, or improvement of facilities, as necessary for the 
proper and efficient conduct of the activities authorized 
herein, at not to exceed $2,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for the Na-
tional Institutes of Health, 1 percent of the amount made 
available 
for 
National 
Research 
Service 
Awards 
(‘‘NRSA’’) shall be made available to the Administrator 
of the Health Resources and Services Administration to 
make NRSA awards for research in primary medical care 
to individuals affiliated with entities who have received 
VerDate Nov 24 2008 
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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. 
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’’) and section 
418A 
of 
the 
Higher 
Education 
Act 
of 
1965, 
$15,938,215,000, of which $4,850,510,000 shall become 
available on July 1, 2010, and shall remain available 
through 
September 
30, 
2011, 
and 
of 
which 
$10,841,176,000 shall become available on October 1, 
2010, and shall remain available through September 30, 
2011, for academic year 2010–2011: Provided, That 
$6,597,946,000 shall be for basic grants under section 
1124 of the ESEA: Provided further, That up to 
$4,000,000 of these funds shall be available to the Sec-
retary of Education on October 1, 2009, to obtain annu-
ally updated 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 
VerDate Nov 24 2008 
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under section 1124A of the ESEA: Provided further, That 
$3,264,712,000 shall be for targeted grants under section 
1125 
of 
the 
ESEA: 
Provided 
further, 
That 
$3,264,712,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided fur-
ther, That $9,167,000 shall be to carry out sections 1501 
and 1503 of the ESEA: Provided further, That 
$545,633,000 shall be available for school improvement 
grants under section 1003(g) of the ESEA and, notwith-
standing such section, each State educational agency shall 
ensure that not less than 50 percent of its allocation of 
funds under this proviso is used for evidence-based read-
ing instruction: Provided further, That State and local 
educational agencies may use fiscal year 2009 appropria-
tions, and funds appropriated in this Act, for school im-
provement grants under section 1003(g) of the ESEA for 
any school eligible to receive assistance under part A of 
title I that has not made adequate yearly progress for at 
least two years or is in a State’s lowest quintile of per-
formance based on proficiency rates and, in the case of 
secondary schools, priority shall be given to those schools 
with graduation rates below 60 percent: 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 
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considered 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. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
Elementary and Secondary Education Act of 1965, 
$1,290,718,000, of which $1,151,535,000 shall be for 
basic 
support 
payments 
under 
section 
8003(b), 
$48,602,000 shall be for payments for children with dis-
abilities under section 8003(d), $17,509,000 shall be for 
construction under section 8007(a) and shall remain avail-
able through September 30, 2010, $68,208,000 shall be 
for Federal property payments under section 8002, and 
$4,864,000, to remain available until expended, shall be 
for facilities maintenance under section 8008: Provided, 
That for purposes of computing the amount of a payment 
for an eligible local educational agency under section 
8003(a) for school year 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 
VerDate Nov 24 2008 
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guardian while on active duty (so long as such children 
reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they at-
tended prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by parts A, B, and D of title II, part B of title 
IV, subparts 6 and 9 of part D of title V, parts A and 
B of title VI, and parts B and C of title VII of the Elemen-
tary and Secondary Education Act of 1965 (‘‘ESEA’’); the 
McKinney-Vento Homeless Assistance Act; section 203 of 
the Educational Technical Assistance Act of 2002; the 
Compact of Free Association Amendments Act of 2003; 
and the Civil Rights Act of 1964, $5,239,644,000, of 
which $3,375,993,000 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 Sep-
tember 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 public elementary schools, public 
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secondary schools, and structures related to public elemen-
tary schools and secondary schools, if such construction, 
renovation, or modernization would support achievement 
of the purposes of that part: 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 the Secretary shall implement part C of title VII of 
the ESEA without regard to the requirements of section 
7304(d)(2): 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 $26,328,000 shall be 
available to carry out part D of title V of the ESEA: Pro-
vided further, That no funds appropriated under this head-
ing may be used to carry out section 5494 under the 
ESEA: Provided further, That $17,687,000 shall be avail-
able to carry out the Supplemental Education Grants pro-
gram for the Federated States of Micronesia and the Re-
public of the Marshall Islands: Provided further, That up 
to 5 percent of these amounts may be reserved by the Fed-
erated States of Micronesia and the Republic of the Mar-
shall Islands to administer the Supplemental Education 
VerDate Nov 24 2008 
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Grants programs and to obtain technical assistance, over-
sight and consultancy services in the administration of 
these grants and to reimburse the United States Depart-
ments of Labor, Health and Human Services, and Edu-
cation 
for 
such 
services: 
Provided 
further, 
That 
$9,360,000 of the funds available for the Foreign Lan-
guage 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 secu-
rity that will enable successful students to advance from 
elementary school through college to achieve a superior 
level of proficiency in those languages. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent 
not otherwise provided, title VII, part A of the Elementary 
and Secondary Education Act of 1965, $132,282,000. 
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-
cation Act of 1965, $1,353,363,000: Provided, That 
VerDate Nov 24 2008 
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$10,649,000 shall be provided to the National Board for 
Professional Teaching Standards to carry out section 
2151(c) of the ESEA, including $1,000,000 to develop a 
National Board certification for principals of elementary 
and secondary schools: Provided further, That from funds 
for subpart 4, part C of title II of the ESEA, up to 3 
percent shall be available to the Secretary of Education 
for technical assistance and dissemination of information: 
Provided further, That $666,530,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, 
That $51,732,000 shall be used for the projects, and in 
the amounts, specified under the heading ‘‘Innovation and 
Improvement’’ in the report of the Committee on Appro-
priations of the House of Representatives to accompany 
this Act: Provided further, That $445,864,000 of the 
funds for subpart 1 of part D of title V of the ESEA 
shall be for competitive grants to local educational agen-
cies, including charter schools that are local educational 
agencies, or States, or partnerships of: (1) a local edu-
cational agency, a State, or both; and (2) at least one non- 
profit organization to develop and implement performance- 
based compensation systems for teachers, principals, and 
other personnel in high-need schools: Provided further, 
That such performance-based compensation systems must 
consider gains in student academic achievement as well 
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as classroom evaluations conducted multiple times during 
each school year among other factors and provide edu-
cators with incentives to take on additional responsibilities 
and leadership roles: Provided further, That up to 5 per-
cent of such funds for competitive grants shall be available 
for technical assistance, training, peer review of applica-
tions, program outreach and evaluation activities: Pro-
vided further, That from funds for subpart 1 of part D 
of title V of the ESEA, up to $10,000,000 shall be avail-
able to carry out activities authorized under section 
2151(a) of the ESEA: Provided further, That of the funds 
available for section 2151(b), $5,000,000 shall be avail-
able to continue a national school leadership partnership 
initiative as described under this heading in the report of 
the Committee on Appropriations of the House of Rep-
resentatives to accompany this Act: Provided further, That 
of the funds available for part B of title V, the Secretary 
shall use up to $21,031,000 to carry out activities under 
section 5205(b) and under subpart 2, and shall use not 
less than $195,000,000 to carry out other activities au-
thorized under subpart 1: Provided further, That of the 
funds available for subpart 1 of part B of title V of the 
ESEA, and notwithstanding section 5205(a), the Sec-
retary may reserve up to $20,000,000 to make multiple 
awards to charter management organizations and other 
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entities for the replication and expansion of successful 
charter school models and may reserve up to $10,000,000 
to carry out the activities described in section 5205(a), 
including by providing technical assistance to authorized 
public chartering agencies in order to increase the number 
of high-performing charter schools: Provided further, That 
each application submitted pursuant to section 5203(a) 
shall describe a plan to monitor and hold accountable au-
thorized public chartering agencies through such activities 
as providing technical assistance or establishing a profes-
sional development program, which may include planning, 
training and systems development for staff of authorized 
public chartering agencies to improve the capacity of such 
agencies in the State to authorize, monitor, and hold ac-
countable charter schools: Provided further, That each ap-
plication submitted pursuant to section 5203(a) shall con-
tain assurances that State law, regulations, or other poli-
cies require that: (1) each authorized charter school in the 
State operate under a legally binding charter or perform-
ance contract between itself and the school’s authorized 
public chartering agency that describes the obligations and 
responsibilities of the school and the public chartering 
agency; conduct annual, timely, and independent audits of 
the school’s financial statements that are filed with the 
school’s authorized public chartering agency; and dem-
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onstrate improved student academic achievement; and (2) 
authorized public chartering agencies use increases in stu-
dent academic achievement for all groups of students de-
scribed in section 1111(b)(2)(C)(v) of the ESEA as the 
most important factor when determining to renew or re-
voke a school’s charter. 
STATE FISCAL STABILIZATION FUND, RECOVERY ACT 
For an additional amount for the Innovation Fund 
established pursuant to section 14007 of division A of the 
American Recovery and Reinvestment Act of 2009, 
$3,000,000. 
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 
and 10 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965, $395,753,000: Provided, 
That $195,041,000 shall be available for subpart 2 of part 
A of title IV, of which $2,000,000, to remain available 
until expended, shall be for the Project School Emergency 
Response to Violence (‘‘Project SERV’’) program to pro-
vide education-related services to local educational agen-
cies and to institutions of higher education in which the 
learning environment has been disrupted due to a violent 
or traumatic crisis: Provided further, That $133,000,000 
shall be available to carry out part D of title V: Provided 
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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 com-
prehensive program to improve public knowledge, under-
standing, and support of the Congress and the State legis-
latures. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the Elementary 
and Secondary Education Act of 1965, $760,000,000, 
which shall become available on July 1, 2010, and shall 
remain available through September 30, 2011, except that 
6.5 percent 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 esti-
mates of the American Community Survey child counts 
for the most recent 3-year period available to calculate al-
locations 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, $12,579,677,000, of 
which $3,726,354,000 shall become available on July 1, 
2010, and shall remain available through September 30, 
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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: Pro-
vided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, pro-
duction, and circulation of accessible educational mate-
rials: Provided further, That the amount for section 
611(b)(2) of the IDEA shall be equal to the lesser of the 
amount available for that activity during fiscal year 2009, 
increased by the amount of inflation as specified in section 
619(d)(2)(B) of the IDEA, or the percentage 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 Olympics Sport and Empowerment Act of 
2004 may be used to support expenses associated with the 
Special Olympics National and World games. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998, and the Helen Keller National Center 
Act, $3,504,305,000: Provided, That $2,570,000 shall be 
used for the projects, and in the amounts, specified under 
the heading ‘‘Rehabilitation Services and Disability Re-
VerDate Nov 24 2008 
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search’’ in the report of the Committee on Appropriations 
of the House of Representatives to accompany this Act. 
SPECIAL INSTITUTIONS FOR PERSONS WITH 
DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, 
$22,599,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf 
under titles I and II of the Education of the Deaf Act 
of 1986, $68,437,000, of which $5,400,000 shall be for 
construction and shall remain available until expended: 
Provided, That from the total amount available, the Insti-
tute may at its discretion use funds for the endowment 
program as authorized under section 207 of such Act. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, 
the Model Secondary School for the Deaf, and the partial 
support of Gallaudet University under titles I and II of 
the Education of the Deaf Act of 1986, $120,000,000, of 
which $2,000,000 shall be for construction and shall re-
main available until expended: Provided, That from the 
total amount available, the University may at its discre-
tion use funds for the endowment program as authorized 
under section 207 of such Act. 
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CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Career and Technical Edu-
cation Act of 2006, the Adult Education and Family Lit-
eracy Act (‘‘AEFLA’’), subpart 4 of part D of title V of 
the Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’) and title VIII-D of the Higher Education 
Amendments 
of 
1998, 
$2,016,447,000, 
of 
which 
$4,400,000 shall become available on October 1, 2009, 
and remain available through September 30, 2011, of 
which $1,221,047,000 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 in allocating AEFLA 
State grants, the Secretary of Education shall first dis-
tribute up to $45,907,000 to those States that, due to ad-
ministrative error, were underpaid for fiscal years 2003 
through 2008 in the amounts such States were underpaid: 
Provided further, 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 adminis-
trative error shall not be considered in determining the 
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‘‘hold harmless’’ amounts under section 211(f) of the 
AEFLA for fiscal year 2011 or subsequent fiscal years: 
Provided further, That of the amount provided for Adult 
Education State Grants, $75,000,000 shall be made avail-
able for integrated English literacy and civics education 
services to immigrants and other limited English pro-
ficient populations: Provided further, That of the amount 
reserved for integrated English literacy and civics edu-
cation, notwithstanding section 211 of the AEFLA, 65 
percent shall be allocated to States based on a State’s ab-
solute need as determined by calculating each State’s 
share of a 10-year average of the United States Citizen-
ship and Immigration Services data for immigrants admit-
ted for legal permanent residence for the 10 most recent 
years, and 35 percent allocated to States that experienced 
growth as measured by the average of the 3 most recent 
years for which United States Citizenship and Immigra-
tion Services data for immigrants admitted for legal per-
manent residence are available, except that no State shall 
be allocated an amount less than $60,000: Provided fur-
ther, That of the amounts made available for AEFLA, 
$11,346,000 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 
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up to 5 percent shall become available on October 1, 2009, 
and shall remain available through September 30, 2011, 
for evaluation, technical assistance, school networks, peer 
review of applications, and program outreach activities, 
and of which not less than 95 percent shall become avail-
able on July 1, 2010, and remain available through Sep-
tember 30, 2011, for grants to local educational agencies: 
Provided further, That funds made available to local edu-
cational agencies under this subpart shall be used only for 
activities related to establishing smaller learning commu-
nities within large high schools or small high schools that 
provide alternatives for students enrolled in large high 
schools: Provided further, That the Secretary of Education 
may use amounts available under this heading for the nec-
essary costs of any closeout of the National Institute for 
Literacy. 
STUDENT FINANCIAL ASSISTANCE 
(INCLUDING DEFERRAL OF FUNDS) 
For carrying out subparts 1, 3, and 4 of part A, part 
C and part E of title IV of the Higher Education Act of 
1965, $19,634,905,000, 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. 
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Of 
the 
funds 
made 
available 
under 
section 
401A(e)(1)(D) of the Higher Education Act of 1965, 
$511,000,000 shall not be available until October 1, 2010. 
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 pro-
vided, titles II, III, IV, V, VI, and VII of the Higher Edu-
cation Act of 1965 (‘‘HEA’’), section 1543 of the Higher 
Education Amendments of 1992, the Mutual Educational 
and Cultural Exchange Act of 1961, title VIII of the 
Higher Education Amendments of 1998, and section 117 
of the Carl D. Perkins Career and Technical Education 
Act of 2006, $2,293,882,000: Provided, That $9,687,000, 
to remain available through September 30, 2011, shall be 
available to fund fellowships for academic year 2011-2012 
under subpart 1 of part A of title VII of the HEA, under 
the terms and conditions of such subpart 1: Provided fur-
ther, That $609,000 shall be for data collection and eval-
uation activities for programs under the HEA, including 
such activities needed to comply with the Government Per-
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formance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made 
available in this Act to carry out title VI of the HEA and 
section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and 
study in foreign countries by individuals who are partici-
pating in advanced foreign language training and inter-
national 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 gov-
ernment, the professions, or international development: 
Provided further, That of the funds referred to in the pre-
ceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemina-
tion activities: Provided further, That notwithstanding any 
other provision of law, a recipient of a multi-year award 
under section 316 of the HEA, as that section was in ef-
fect prior to the date of enactment of the Higher Edu-
cation Opportunity Act (‘‘HEOA’’), that would have oth-
erwise received a continuation 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 received under such a continu-
ation award: Provided further, That the portion of the 
funds received under section 316 by a recipient described 
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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 award: Provided further, 
That $1,000,000, to remain available until expended, shall 
be available to carry out a scholarship program for the 
purpose of increasing the skilled workforce for industrial 
health and safety occupations, including mine safety: Pro-
vided further, That the Secretary of Education shall iden-
tify these scholarships as ‘‘Erma Byrd Scholarships’’: Pro-
vided further, That such scholarships shall be awarded 
without regard to an applicant’s prior work experience, 
but the Secretary shall, notwithstanding section 437 of the 
General Education Provisions Act and 5 U.S.C. 553, by 
notice in the Federal Register, establish the eligibility re-
quirements, service obligations, payback requirements, 
and other program requirements similar to those specified 
in section 515 of the Federal Mine Safety and Health Act 
as are necessary to implement such a program: Provided 
further, That such scholarship funds may be used to re-
place a student’s expected family contribution, but institu-
tions accepting such scholarship funds may not use these 
funds to supplant existing institutional aid: Provided fur-
ther, That the Secretary shall be authorized to accept con-
tributions for such scholarships from private sources: Pro-
vided further, That these funds shall be used for scholar-
VerDate Nov 24 2008 
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100 
ships for academic year 2010-2011 and may be available 
for scholarships in academic year 2011-2012: Provided 
further, That $68,247,000 shall be used for the projects, 
and in the amounts, specified under the heading ‘‘Higher 
Education’’ in the report of the Committee on Appropria-
tions of the House of Representatives to accompany 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 
University Endowment Act and shall remain available 
until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS 
PROGRAM 
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section 
121 of the Higher Education Act of 1965, $461,000. 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY 
CAPITAL FINANCING PROGRAM ACCOUNT 
For the cost of guaranteed loans, $20,228,000, as au-
thorized pursuant to part D of title III of the Higher Edu-
cation Act of 1965 (‘‘HEA’’): Provided, That such costs, 
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of 
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101 
1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $178,221,000. 
In addition, for administrative expenses to carry out 
the Historically Black College and University Capital Fi-
nancing 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, $664,256,000, of which $593,606,000 shall be 
available through September 30, 2011: Provided, That 
funds available to carry out section 208 of the Educational 
Technical Assistance Act may be used for Statewide data 
systems that include postsecondary and workforce infor-
mation 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 Assist-
ance 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. 
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102 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of three passenger motor vehicles, 
$452,200,000, of 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 Education 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) 
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103 
in order to carry out a plan of racial desegregation of any 
school or school system. 
SEC. 302. None of the funds contained in this Act 
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school 
which is nearest the student’s home, except for a student 
requiring special education, to the school offering such 
special education, in order to comply with title VI of the 
Civil Rights Act of 1964. For the purpose of this section 
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan 
involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, 
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not 
include the establishment of magnet schools. 
SEC. 303. No funds appropriated in this Act may be 
used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 304. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the Department of Education in this Act may 
be transferred between appropriations, but no such appro-
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104 
priation shall be increased by more than 3 percent by any 
such transfer: Provided, That the transfer authority 
granted by this section shall be available only to meet 
emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no 
funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Represent-
atives and the Senate are notified at least 15 days in ad-
vance of any transfer. 
SEC. 305. The 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 
Education Act. 
SEC. 306. None of the funds made available in the 
fifth 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 Amer-
ican Recovery and Reinvestment Act of 2009 is amend-
ed— 
(1) by amending subsection (a)(3) to read as 
follows: 
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105 
‘‘(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 mod-
els for best practices; and 
‘‘(B) work in partnership with the private 
sector and the philanthropic community.’’; 
(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 partner-
ships’’ and inserting ‘‘it has established one or 
more partnerships’’; 
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128 
SEC. 511. None of the funds made available in this 
Act may be obligated or expended to enter into or renew 
a contract with an entity if— 
(1) such entity is otherwise a contractor with 
the United States and is subject to the requirement 
in 38 U.S.C. 4212(d) regarding submission of an 
annual report to the Secretary of Labor concerning 
employment of certain veterans; and 
(2) such entity has not submitted a report as 
required by that section for the most recent year for 
which such requirement was applicable to such enti-
ty. 
SEC. 512. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act. 
SEC. 513. None of the funds made available by this 
Act to carry out the Library Services and Technology Act 
may be made available to any library covered by para-
graph (1) of section 224(f) of such Act, as amended by 
the Children’s Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of 
such section. 
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