Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010

Bill: 111-hr-3293
Sponsor: Rep. Obey, David R. [D-WI-7]
Introduced: 2009-07-22 in the House
Policy area: Economics and Public Finance
Subjects: Abortion
Academic performance and assessments
Administrative law and regulatory procedures
Adoption and foster care
Adult education and literacy
Aging
Alternative and renewable resources
Appropriations
Asia
Broadcasting, cable, digital technologies
Cell biology and embryology
Census and government statistics
Centers for Disease Control and Prevention (CDC)
Child care and development
Child health
Child safety and welfare
China
Coal
Committee for Purchase from People Who Are Blind or Severely Disabled
Congressional oversight
Corporation for National and Community Service
Corporation for Public Broadcasting
Crime victims
Department of Education
Department of Health and Human Services
Department of Labor
Disability and paralysis
Disability assistance
Drug trafficking and controlled substances
Drug, alcohol, tobacco use
Education of the disadvantaged
Education programs funding
Elementary and secondary education
Emergency medical services and trauma care
Employee benefits and pensions
Employment and training programs
Energy assistance for the poor and aged
Energy efficiency and conservation
Executive agency funding and structure
Family planning and birth control
Family relationships
Federal Mediation and Conciliation Service
Federal Mine Safety and Health Review Commission
Foreign aid and international relief
Foreign labor
Fraud offenses and financial crimes
Government buildings, facilities, and property
Government corporations and government-sponsored enterprises
Government employee pay, benefits, personnel management
Government information and archives
Government lending and loan guarantees
Government liability
Government trust funds
HIV/AIDS
Hazardous wastes and toxic substances
Health care quality
Health information and medical records
Health programs administration and funding
Health promotion and preventive care
Health technology, devices, supplies
Higher education
Immigrant health and welfare
Indian social and development programs
Infectious and parasitic diseases
International law and treaties
Internet and video services
Internet, web applications, social media
Labor-management relations
Language arts
Latin America
Libraries and archives
Lighting and heating
Lighting, heating, cooling
Marshall Islands
Medicaid
Medical education
Medical research
Medical tests and diagnostic methods
Medicare
Medicare Payment Advisory Commission
Mental health
Mexico
Micronesia
Migrant, seasonal, agricultural labor
Mining
Minority education
National Council on Disability
National Institutes of Health (NIH)
National Labor Relations Board (NLRB)
National Mediation Board
National and community service
News media and reporting
Occupational Safety and Health Review Commission
Oceania
Pension Benefit Guaranty Corporation
Poverty and welfare assistance
Prescription drugs
Public contracts and procurement
Public participation and lobbying
Racial and ethnic relations
Railroad Retirement Board
Railroads
Refugees, asylum, displaced persons
Religion
Research administration and funding
Russia
Separation, divorce, custody, support
Social Security Administration
Social security and elderly assistance
Special education
Student aid and college costs
Tax administration and collection, taxpayers
Teaching, teachers, curricula
Television and film
Terrorism
Trade adjustment assistance
Transportation employees
Unemployment
Veterans' education, employment, rehabilitation
Vocational and technical education
Wages and earnings
Women's employment
Worker safety and health
World health
Youth employment and child labor

Summary:
action_date: 2009-07-22
text: 
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010 - Department of Labor Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Labor (DOL).
 
Department of Health and Human Services Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Health and Human Services (HHS).
 
Department of Education Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department Education.
 
Makes appropriations for FY2010 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and operating expenses, administrative expenses and salaries, and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Council on Disability; (9) the National Labor Relations Board (NLRB); (10) the National Mediation Board; (11) the Occupational Safety and Health Review Commission; (12) the Railroad Retirement Board for the dual benefits payments account, federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (13) the Social Security Administration (SSA) for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
 
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

action_date: 2009-07-24
text: 
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010 - Makes appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for FY2010. 
 

Title I: Department of Labor
 - Department of Labor Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Labor for: (1) the Employment and Training Administration, including training and employment services; (2) community service employment for older Americans; (3) federal unemployment benefits and allowances; (4) state unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including ones for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) the Office of Jobs Corps; (19) veterans employment and training; and (20) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. 
 
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level I.
 
 
(Sec. 102) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
 
(Sec. 103) Prohibits funds under this Act from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
 
(Sec. 104) Prohibits funds appropriated in this title from being obligated for demonstration and pilot (including dislocated worker demonstration and pilot), multiservice, research, and multistate projects under the Workforce Investment Act prior to the Secretary of Labor's submission to Congress of a plan detailing the uses of such funds.
 
(Sec. 105) Requires, with a specified exception, that funds made available to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 be used only for the training of foreign workers in the occupations and industries for which such workers were hired under the H-1B visa program.
 
(Sec. 106) Requires certain Career Pathways Innovation Fund grants and grants for demonstration programs and projects to provide technical skills training for workers to be awarded competitively.
 
(Sec. 107) Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
 
(Sec. 108) Directs the Secretary of Labor to submit to the congressional appropriations committees a plan for the transfer of the administration of the Job Corps program from the Office of the Secretary of Labor to the Employment and Training Administration. Authorizes the Secretary to make such transfer 30 days after the submission of the plan.
 

Title II: Department of Health and Human Services
 - Department of Health and Human Services Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention (CDC); (3) the National Institutes of Health (NIH); (4) the Substance Abuse and Mental Health Services Administration; (5) the Agency for Healthcare Research and Quality; (6) the Centers for Medicare and Medicaid Services; (7) the Administration for Children and Families; (8) the Administration on Aging; and (9) the Office of the Secretary.
 
(Sec. 209) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision 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) Prohibits any provider of voluntary planning services under the Public Health Service Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
 
(Sec. 211) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
 
(Sec. 212) Prohibits the use of funds to withhold substance abuse funding from a state that fails to enforce state laws prohibiting the sale of tobacco products to individuals under the age of 18 if such state certifies to the Secretary that it will commit additional funds to ensure compliance with such laws. Sets forth requirements for states that miss the retailer compliance rate goal established by the Secretary.
 
(Sec. 213) Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2010.
 

Title III: Department of Education 
- Department of Education Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) the State Fiscal Stabilization Fund; (7) safe schools and citizenship education; (8) English language acquisition and language enhancement; (9) special education; (10) rehabilitation services and disability research; (11) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (12) career, technical, and adult education; (13) certain student financial assistance programs, as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (14) specified higher education programs; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) the Institute of Education Sciences; and (19) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General.
 
Sets the maximum individual Pell Grant amount at $4,860 during award year 2010-2011.
 
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
 
(Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
 
(Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school 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. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, the clustering of schools, or any combination of grade restructuring, pairing or clustering. Exempts the establishment of magnet schools from such prohibition.
 
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
 
(Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer.
 
(Sec. 305) Authorizes the Outlying Areas to consolidate funds received under this Act under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.
 
(Sec. 306) Prohibits funds made available under this title for the development and implementation of performance-based compensation systems for school personnel in high-need schools from being made available for new awards under the Teacher Incentive Fund (which supports such efforts) until an impact evaluation plan is submitted to Congress.
 
(Sec. 307) Amends the American Recovery and Reinvestment Act of 2009 to alter eligibility requirements for the Innovation Fund program. Makes local educational agencies (LEAs) eligible for program awards if they: (1) make significant progress in closing achievement gaps between specified student groups or increasing the achievement for all of such groups; (2) make significant improvement in other areas; and (3) establish one or more partnerships with the private sector which will provide matching funds to help bring results to scale. Makes partnerships between nonprofits and LEAs or schools eligible for such awards if they significantly improve student achievement, attainment, or retention and demonstrate that they will meet the private sector matching requirement.
 
 

Title IV: Related Agencies 
- Makes appropriations for FY2010 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and operating expenses, the National Service Trust, administrative expenses and salaries, and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Council on Disability; (9) the National Labor Relations Board (NLRB); (10) the National Mediation Board; (11) the Occupational Safety and Health Review Commission; (12) the Railroad Retirement Board for the dual benefits payments account, federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (13) the Social Security Administration (SSA) for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
 
(Sec. 401) Requires the Corporation for National and Community Service to make any significant changes to program requirements, service delivery, or policy only through public notice and comment rulemaking.
 
Prohibits, for FY2010 and during any grant selection process, an officer or employee of the Corporation from knowingly disclosing any covered grant selection information regarding such selection, directly or indirectly, to any person other than an authorized officer or employee of the Corporation.
 
(Sec. 402) Requires AmeriCorps programs receiving grants under the National Service Trust program to meet an overall minimum share requirement of 24% for the first three years that they receive AmeriCorps funding, and thereafter to meet the overall minimum share requirement of specified regulations, without regard to the operating costs match requirement or the member support federal share limitations in the Act.
 
(Sec. 403) Requires that donations made to the Corporation be used to supplement and not supplant current programs and operations.
 

Title V: General Provisions
 - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
 
(Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
 
(Sec. 506) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion; or (2) health benefits coverage that includes coverage of abortion.
 
(Sec. 507) Declares that this prohibition does not apply: (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.
 
Declares that nothing in Sec. 506 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds).
 
Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
 
(Sec. 508) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act.
 
(Sec. 509) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications.
 
Makes such limitation inapplicable 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) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
 
(Sec. 511) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) it has not submitted the required report for the most recent applicable year.
 
(Sec. 512) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
 
(Sec. 513) Prohibits the availability of funds under the Library Services and Technology Act, as amended by the Children's Internet Protection Act, to certain libraries unless they have made specified required certifications.
 
(Sec. 514) Prohibits the availability of certain funds under the Elementary and Secondary Education Act of 1965, as amended by the Children's Internet Protection Act and the No Child Left Behind Act, to certain elementary or secondary schools unless the responsible local educational agency (LEA) has made specified required certifications.
 
(Sec. 516) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved; or (2) disseminate scientific information that is deliberately false or misleading.
 
(Sec. 517) Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2010 that are different than those specified in this Act, the accompanying detailed table in the committee report, or the FY2010 budget request.
 
(Sec. 518) Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $100,000 in value and awarded by the respective Department on a noncompetitive basis during each quarter of FY2010.
 
(Sec. 519) Prohibits the use of funds under this Act to enter into a contract in an amount greater than $5 million, or to award a grant in excess of such amount, unless the prospective contractor or grantee certifies in writing to the awarding agency that, to the best of its knowledge and belief, it: (1) has filed all federal tax returns required during the three years preceding the certification; (2) has not been convicted of a criminal offense under the Internal Revenue Code; and (3) has not, more than 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise approved by the Internal Revenue Service (IRS) and not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
 
(Sec. 520) Prohibits the expenditure or obligation of funds by the Commissioner of Social Security to process claims for credit for quarters of Social Security coverage: (1) based on work performed under a Social Security account number that was not the claimant's number; and (2) performance of such work under such number has formed the basis for a criminal conviction of the claimant for willingly, knowingly, and with intent to deceive furnishing the Commissioner with false information.
 
(Sec. 521) Bars the use of funds by the Commissioner or the SSA to pay the compensation of SSA employees to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between their social security systems, which would not otherwise be payable but for such agreement.
 
(Sec. 522) Prohibits the use of funds in contravention of prohibitions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 against federal benefits for ineligible aliens.
 
(Sec. 523) Prohibits the use of funds 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.
 
(Sec. 524) Bars the use of funds under the heading: (1) &quot;National Institutes of Health--National Institute on Drug Abuse&quot; for grant number 1R21DA026324-01A1 (Substance Use and HIV Risk among Thai Women); and (2) &quot;National Institutes of Health--National Institute on Alcohol Abuse and Alcoholism&quot; for grant number 1R01AA018090-01 (Venue-based HIV and alcohol use risk reduction among female sex workers in China), or grant number 5R01AA016059-03 (Maximizing Opportunity--HIV Prevention in Hospitalized Russian Drinkers).
 
(Sec. 525) Prohibits the use of funds to purchase light bulbs unless they are &quot;Energy Star&quot; qualified or have the &quot;Federal Energy Management Program&quot; designation.
 
(Sec. 526) Bars the use of funds for first-class travel by temporary employees of agencies funded by this Act in contravention of specified regulations.

action_date: 2009-08-04
text: 
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010 - Makes appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for FY2010. 
 

Title I: Department of Labor
 - Department of Labor Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Labor for: (1) the Employment and Training Administration, including training and employment services; (2) community service employment for older Americans; (3) federal unemployment benefits and allowances; (4) state unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation; (9) the Employment Standards Administration; (10) certain special benefits, including ones for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration; (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) the Office of Jobs Corps; (19) veterans employment and training; and (20) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. 
 
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level I.
 
 
(Sec. 102) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
 
(Sec. 103) Prohibits funds under this Act from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
 
(Sec. 104) Requires, with a specified exception, that funds made available to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 be used only for the training of foreign workers in the occupations and industries for which such workers were hired under the H-1B visa program.
 
(Sec. 105) Requires certain Career Pathways Innovation Fund grants and grants for demonstration programs and projects to provide technical skills training for workers to be awarded competitively.
 
(Sec. 106) Prohibits the Secretary of Labor from taking any action, with certain exceptions, to amend a specified definition for functions and activities or to modify a certain procedure for redesignation of local areas under the Workforce Investment Act of 1998 until legislation reauthorizing the Act has been enacted.
 
(Sec. 107) Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
 
(Sec. 108) Directs the Secretary of Labor to submit to the congressional appropriations committees a plan for the transfer of the administration of the Job Corps program from the Office of the Secretary of Labor to the Employment and Training Administration. Authorizes the Secretary to make such transfer 30 days after the submission of the plan.
 

Title II: Department of Health and Human Services
 - Department of Health and Human Services Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention (CDC); (3) the National Institutes of Health (NIH); (4) the Substance Abuse and Mental Health Services Administration; (5) the Agency for Healthcare Research and Quality; (6) the Centers for Medicare and Medicaid Services; (7) the Administration for Children and Families; (8) the Administration on Aging; and (9) the Office of the Secretary.
 
(Sec. 209) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision 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) Prohibits any provider of voluntary planning services under the Public Health Service Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
 
(Sec. 211) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
 
(Sec. 212) Prohibits the use of funds to withhold substance abuse funding from a state that fails to enforce state laws prohibiting the sale of tobacco products to individuals under the age of 18 if such state certifies to the Secretary that it will commit additional funds to ensure compliance with such laws. Sets forth requirements for states that miss the retailer compliance rate goal established by the Secretary.
 
(Sec. 213) Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2010.
 
(219) Requires the Secretary to amend regulations governing financial conflicts of interest among extramural investigators receiving NIH grant support. 
 

Title III: Department of Education 
- Department of Education Appropriations Act, 2010 - Makes appropriations for FY2010 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (11) career, technical, and adult education; (12) certain student financial assistance programs (including rescissions of funds), as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; and (18) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General.
 
Sets the maximum individual Pell Grant amount at $4,860 during award year 2010-2011.
 
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
 
(Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
 
(Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school 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. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, the clustering of schools, or any combination of grade restructuring, pairing or clustering. Exempts the establishment of magnet schools from such prohibition.
 
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
 
(Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer.
 
(Sec. 305) Authorizes the Outlying Areas to consolidate funds received under this Act under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.
 
(Sec. 306) Prohibits funds made available under this title for the development and implementation of performance-based compensation systems for school personnel in high-need schools from being made available for new awards under the Teacher Incentive Fund (which supports such efforts) until an impact evaluation plan is submitted to Congress.
 
(Sec. 307) Amends the American Recovery and Reinvestment Act of 2009 to alter eligibility requirements for the Innovation Fund program. Makes local educational agencies (LEAs) eligible for program awards if they: (1) make significant progress in closing achievement gaps between specified student groups or increasing the achievement for all of such groups; (2) make significant improvement in other areas; and (3) establish one or more partnerships with the private sector which will provide matching funds to help bring results to scale. Makes partnerships between nonprofits and LEAs or schools eligible for such awards if they significantly improve student achievement, attainment, or retention and demonstrate that they will meet the private sector matching requirement.
 
(Sec. 308) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states and LEAs to use public school repair, renovation, and construction funds on public school libraries.
 
(Sec. 309) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008, to continue to consider five specified Illinois school districts to be LEAs through FY2011 for purposes of the Impact Aid program, which compensates LEAs, under ESEA, for the financial burden of federal activities affecting their school districts. 
 
Continues to consider federally connected students in such districts to be attending schools in one such district, North Chicago Community Unit School District 187, for the purpose of making that district eligible for Impact Aid. Conditions such treatment on the agreement of the five school districts to apportion such assistance equitably among all five of them, and to use it only for direct educational services.
 
 

Title IV: Related Agencies 
- Makes appropriations for FY2010 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and operating expenses, the National Service Trust, administrative expenses and salaries, and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Council on Disability; (9) the National Labor Relations Board (NLRB); (10) the National Mediation Board; (11) the Occupational Safety and Health Review Commission; (12) the Railroad Retirement Board for the dual benefits payments account, federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (13) the Social Security Administration (SSA) for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
 
(Sec. 401) Requires the Corporation for National and Community Service to notify the congressional appropriations committees 15 days before any significant changes to program requirements, service delivery, or policy.
 
Prohibits, for FY2010 and during any grant selection process, an officer or employee of the Corporation from knowingly disclosing any covered grant selection information regarding such selection, directly or indirectly, to any person other than an authorized officer or employee of the Corporation.
 
(Sec. 402) Requires that donations made to the Corporation be used to supplement and not supplant current programs and operations.
 

Title V: General Provisions
 - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
 
(Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
 
(Sec. 505) Bars use of funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
 
(Sec. 507) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion; or (2) health benefits coverage that includes coverage of abortion.
 
(Sec. 508) Declares that this prohibition does not apply: (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.
 
Declares that nothing in Sec. 507 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds).
 
Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
 
(Sec. 509) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act.
 
(Sec. 510) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications.
 
Makes such limitation inapplicable 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. 511) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
 
(Sec. 512) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) it has not submitted the required report for the most recent applicable year.
 
(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
 
(Sec. 514) Prohibits the availability of funds under the Library Services and Technology Act, as amended by the Children's Internet Protection Act, to certain libraries unless they have made specified required certifications.
 
(Sec. 515) Prohibits the availability of certain funds under the Elementary and Secondary Education Act of 1965, as amended by the Children's Internet Protection Act and the No Child Left Behind Act, to certain elementary or secondary schools unless the responsible local educational agency (LEA) has made specified required certifications.
 
(Sec. 517) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved; or (2) disseminate scientific information that is deliberately false or misleading.
 
(Sec. 518) Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2010 that are different than those specified in this Act, the accompanying detailed table in the committee report, or the FY2010 budget request.
 
(Sec. 519) Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $5 million in value and awarded by the respective Department on a noncompetitive basis during each quarter of FY2010.
 
(Sec. 520) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to require the scheduled transitional minimum wage increases in American Samoa and the Commonwealth of the Northern Mariana Islands to occur on September 30, 2010, and on such date thereafter.


Legislative actions:
action_date: 2009-08-04
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 149.
action_date: 2009-08-04
text: Committee on Appropriations. Reported by Senator Harkin with an amendment in the nature of a substitute. With written report No. 111-66.
action_date: 2009-08-04
text: Committee on Appropriations. Reported by Senator Harkin with an amendment in the nature of a substitute. With written report No. 111-66.
action_date: 2009-07-30
text: Committee on Appropriations. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2009-07-27
text: Received in the Senate and Read twice and referred to the Committee on Appropriations.
action_date: 2009-07-24
text: On passage Passed by the Yeas and Nays: 264 - 153 (Roll No. 646).
action_date: 2009-07-24
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 153 (Roll No. 646).
action_date: 2009-07-24
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-07-24
text: On motion to recommit with instructions Failed by recorded vote: 171 - 248 (Roll no. 645).
action_date: 2009-07-24
text: DEBATE - The House proceeded with 10 minutes of debate on the Tiahrt motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to make reductions in the appropriations for the Department of Labor, the Department of Health and Human Services, and the Department of Education.
action_date: 2009-07-24
text: Mr. Tiahrt moved to recommit with instructions to Appropriations. (consideration: CR H8791-8793; text: CR H8791)
action_date: 2009-07-24
text: Point of order sustained against the motion to recommit with instructions.
action_date: 2009-07-24
text: Mr. Obey raised a point of order against the motion to recommit with instructions. Mr. Obey stated that the provisions contained in the motion to recommit constitute legislation in an appropriations bill and was, therefore, in violation of clause 2, rule 21 of the Rules of the House. Sustained by the Chair.
action_date: 2009-07-24
text: Mr. Tiahrt moved to recommit with instructions to Appropriations. (consideration: CR H8791; text: CR H8791)
action_date: 2009-07-24
text: The previous question was ordered pursuant to the rule. (consideration: CR H8791)
action_date: 2009-07-24
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H8791; text: CR H8762-8777, H8790)
action_date: 2009-07-24
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3293.
action_date: 2009-07-24
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2009-07-24
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Wittman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Wittman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-07-24
text: DEBATE - Pursuant to the provisions of H.Res. 673, the Committee of the Whole proceeded with 10 minutes of debate on the Wittman amendment.
action_date: 2009-07-24
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Pence amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pence demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-07-24
text: DEBATE - Pursuant to the provisions of H.Res. 673, the Committee of the Whole proceeded with 10 minutes of debate on the Pence amendment.
action_date: 2009-07-24
text: DEBATE - Pursuant to the provisions of H.Res. 673, the Committee of the Whole proceeded with 10 minutes of debate on the Issa amendment.
action_date: 2009-07-24
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Souder amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Souder demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-07-24
text: DEBATE - Pursuant to the provisions of H.Res. 673, the Committee of the Whole proceeded with 20 minutes of debate on the Souder amendment.
action_date: 2009-07-24
text: POSTPONED PROCEEINGS - At the conclusion of debate on the Obey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Tiahrt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-07-24
text: DEBATE - Pursuant to the provisions of H.Res. 673, the Committee of the Whole proceeded with 20 minutes of debate on the Obey amendment.
action_date: 2009-07-24
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3293.
action_date: 2009-07-24
text: The Speaker designated the Honorable Tim Holden to act as Chairman of the Committee.
action_date: 2009-07-24
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 673 and Rule XVIII.
action_date: 2009-07-24
text: Rule provides for consideration of H.R. 3293 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
action_date: 2009-07-24
text: Considered under the provisions of rule H. Res. 673. (consideration: CR H8727-8793)
action_date: 2009-07-24
text: Rule H. Res. 673 passed House.
action_date: 2009-07-23
text: Rules Committee Resolution H. Res. 673 Reported to House. Rule provides for consideration of H.R. 3293 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
action_date: 2009-07-22
text: Placed on the Union Calendar, Calendar No. 120.
action_date: 2009-07-22
text: The House Committee on Appropriations reported an original measure, H. Rept. 111-220, by Mr. Obey.
action_date: 2009-07-22
text: The House Committee on Appropriations reported an original measure, H. Rept. 111-220, by Mr. Obey.
action_date: 2009-07-22
text: Introduced in House