[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3293 Reported in Senate (RS)]

                                                       Calendar No. 149
111th CONGRESS
  1st Session
                                H. R. 3293

                          [Report No. 111-66]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2009

  Received; read twice and referred to the Committee on Appropriations

                             August 4, 2009

               Reported by Mr. Harkin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2010, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <DELETED>That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes, namely:

            <DELETED>TITLE I--DEPARTMENT OF LABOR</DELETED>

       <DELETED>Employment and Training Administration</DELETED>

          <DELETED>training and employment services</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses of the Workforce Investment Act of 
1998 (``WIA''), the Second Chance Act of 2007, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
WIA; $3,802,961,000, plus reimbursements, shall be available. Of the 
amounts provided:</DELETED>
        <DELETED>    (1) for grants to States for adult employment and 
        training activities, youth activities, and dislocated worker 
        employment and training activities, $2,969,449,000 as 
        follows:</DELETED>
                <DELETED>    (A) $861,540,000 for adult employment and 
                training activities, of which $149,540,000 shall be 
                available for the period July 1, 2010, through June 30, 
                2011, and of which $712,000,000 shall be available for 
                the period October 1, 2010 through June 30, 
                2011;</DELETED>
                <DELETED>    (B) $924,069,000 for youth activities, 
                which shall be available for the period April 1, 2010 
                through June 30, 2011; and</DELETED>
                <DELETED>    (C) $1,183,840,000 for dislocated worker 
                employment and training activities, of which 
                $321,731,000 shall be available for the period July 1, 
                2010 through June 30, 2011, and of which $862,109,000 
                shall be available for the period October 1, 2010 
                through June 30, 2011:</DELETED>
        <DELETED>Provided, That notwithstanding the transfer limitation 
        under section 133(b)(4) of the WIA, up to 30 percent of such 
        funds may be transferred by a local board if approved by the 
        Governor: Provided further, That a local board may award a 
        contract to an institution of higher education or other 
        eligible training provider if the local board determines that 
        it would facilitate the training of multiple individuals in 
        high-demand occupations, if such contract does not limit 
        customer choice;</DELETED>
        <DELETED>    (2) for federally administered programs, 
        $453,429,000 as follows:</DELETED>
                <DELETED>    (A) $215,051,000 for the dislocated 
                workers assistance national reserve, of which 
                $17,160,000 shall be available for the period July 1, 
                2010 through June 30, 2011, and of which $197,891,000 
                shall be available for the period October 1, 2010 
                through June 30, 2011: Provided, That funds provided to 
                carry out section 132(a)(2)(A) of the WIA may be used 
                to provide assistance to a State for State-wide or 
                local use in order to address cases where there have 
                been worker dislocations across multiple sectors or 
                across multiple local areas and such workers remain 
                dislocated; coordinate the State workforce development 
                plan with emerging economic development needs; and 
                train such eligible dislocated workers: Provided 
                further, That funds provided to carry out section 
                171(d) of the WIA may be used for demonstration 
                projects that provide assistance to new entrants in the 
                workforce and incumbent workers;</DELETED>
                <DELETED>    (B) $52,758,000 for Native American 
                programs, which shall be available for the period July 
                1, 2010 through June 30, 2011;</DELETED>
                <DELETED>    (C) $84,620,000 for migrant and seasonal 
                farmworker programs under section 167 of the WIA, 
                including $78,610,000 for formula grants (of which not 
                less than 70 percent shall be for employment and 
                training services), $5,500,000 for migrant and seasonal 
                housing (of which not less than 70 percent shall be for 
                permanent housing), and $510,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2010 through June 30, 2011: 
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;</DELETED>
                <DELETED>    (D) $1,000,000 for carrying out the Women 
                in Apprenticeship and Nontraditional Occupations Act, 
                which shall be available for the period July 1, 2010 
                through June 30, 2011; and</DELETED>
                <DELETED>    (E) $100,000,000 for YouthBuild activities 
                as described in section 173A of the WIA, which shall be 
                available for the period April 1, 2010 through June 30, 
                2011: Provided, That for program year 2010 and each 
                program year thereafter, the YouthBuild program may 
                serve an individual who has dropped out of high school 
                and re-enrolled in an alternative school, if that re-
                enrollment is part of a sequential service 
                strategy;</DELETED>
        <DELETED>    (3) for national activities, $380,083,000, as 
        follows:</DELETED>
                <DELETED>    (A) $66,990,000 for Pilots, 
                Demonstrations, and Research, which shall be available 
                for the period April 1, 2010 through June 30, 2011, of 
                which $35,000,000 shall be for Transitional Jobs 
                activities, and shall not be subject to the 
                requirements of section 171(b)(2)(B) or 171(c)(4)(D) of 
                the WIA, and that a sufficient portion of these funds 
                shall be for an evaluation of the program; and of which 
                $5,500,000 shall be for competitive grants to address 
                the employment and training needs of young parents, and 
                shall not be subject to the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which 
                $24,490,000 shall be used for the projects, and in the 
                amounts, specified under the heading ``Training and 
                Employment Services'' in the report of the Committee on 
                Appropriations of the House of Representatives to 
                accompany this Act: Provided, That funding provided to 
                carry out such projects shall not be subject to the 
                requirements of sections 171(b)(2)(B) and 171(c)(4)(D) 
                of the WIA, the joint funding requirements of sections 
                171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time 
                limit requirements of sections 171(b)(2)(C) and 
                171(c)(4)(B) of the WIA;</DELETED>
                <DELETED>    (B) $108,493,000 for ex-offender 
                activities, under the authority of section 171 of the 
                WIA and section 212 of the Second Chance Act of 2007, 
                which shall be available for the period July 1, 2010 
                through June 30, 2011, and which shall not be subject 
                to the requirements of section 171(b)(2)(B) or 
                171(c)(4)(D) of the WIA: Provided, That not less than 
                $34,000,000 shall be available for adult ex-offender 
                activities, of which $15,000,000 shall be for 
                competitive grants to provide Transitional Job 
                activities for adult ex-offenders;</DELETED>
                <DELETED>    (C) $9,600,000 for Evaluation, which shall 
                be available for the period July 1, 2010 through June 
                30, 2011, and which may be transferred to any other 
                account within the Department to carry out evaluation 
                activities;</DELETED>
                <DELETED>    (D) $50,000,000 (reduced by $5,000,000) 
                for activities that prepare workers for careers in 
                energy efficiency and renewable energy as described in 
                section 171(e)(1)(B) of the WIA, under the authority of 
                section 171 of the WIA, which shall be available for 
                the period July 1, 2010 through June 30, 2011, and 
                which shall not be subject to the requirements of 
                section 171(b)(2)(B) or 171(c)(4)(D);</DELETED>
                <DELETED>    (E) $130,000,000 (increased by $5,000,000) 
                for the Career Pathways Innovation Fund, under the 
                authority of section 171 of the WIA, which shall be 
                available for the period July 1, 2010 through June 30, 
                2011, of which not less than $65,000,000 shall be 
                dedicated to activities that prepare workers for 
                careers in the health care sector, and which shall not 
                be subject to the requirements of section 171(b)(2)(B) 
                or 171(c)(4)(D); and</DELETED>
                <DELETED>    (F) $15,000,000 for the Workforce Data 
                Quality Initiative, under the authority of section 
                171(c)(2) of the WIA, which shall be available for the 
                period July 1, 2010 through June 30, 2011, and which 
                shall not be subject to the requirements of section 
                171(c)(4)(D).</DELETED>

  <DELETED>community service employment for older americans</DELETED>

<DELETED>    To carry out title V of the Older Americans Act of 1965, 
$615,425,000, which shall be available for the period July 1, 2010 
through June 30, 2011: Provided, That funds made available under this 
heading in this Act may, in accordance with section 517(c) of the Older 
Americans Act of 1965, be recaptured and reobligated.</DELETED>

    <DELETED>federal unemployment benefits and allowances</DELETED>

<DELETED>    For payments during fiscal year 2010 of trade adjustment 
benefit payments and allowances under part I of subchapter B of chapter 
2 of title II of the Trade Act of 1974, and section 246 of that Act; 
and for training, employment and case management services, allowances 
for job search and relocation, and related State administrative 
expenses under part II of subchapter B of chapter 2 of title II of the 
Trade Act of 1974, including benefit payments, allowances, training, 
and related State administration provided pursuant to paragraphs (1) 
and (2) of section 1891(b) of the Trade and Globalization Adjustment 
Assistance Act of 2009, $1,818,400,000, together with such amounts as 
may be necessary to be charged to the subsequent appropriation for 
payments for any period subsequent to September 15, 2010.</DELETED>

     <DELETED>state unemployment insurance and employment service 
                          operations</DELETED>

<DELETED>    For authorized administrative expenses, $69,903,000, 
together with not to exceed $3,977,153,000 which may be expended from 
the Employment Security Administration Account in the Unemployment 
Trust Fund (``the Trust Fund''), of which:</DELETED>
        <DELETED>    (1) $3,195,645,000 from the Trust Fund is for 
        grants to States for the administration of State unemployment 
        insurance laws as authorized under title III of the Social 
        Security Act (including $10,000,000 to conduct in-person 
        reemployment and eligibility assessments and unemployment 
        insurance improper payment reviews), the administration of 
        unemployment insurance for Federal employees and for ex-service 
        members as authorized under 5 U.S.C. 8501-8523, and the 
        administration of trade readjustment allowances, reemployment 
        trade adjustment assistance, and alternative trade adjustment 
        assistance under the Trade Act of 1974 and under section 
        1891(b) of the Trade and Globalization Adjustment Assistance 
        Act of 2009, and shall be available for obligation by the 
        States through December 31, 2010, except that funds used for 
        automation acquisitions shall be available for obligation by 
        the States through September 30, 2012, and funds used for 
        unemployment insurance workloads experienced by the States 
        through September 30, 2010, shall be available for Federal 
        obligation through December 31, 2010;</DELETED>
        <DELETED>    (2) $11,310,000 from the Trust Fund is for 
        national activities necessary to support the administration of 
        the Federal-State unemployment insurance system;</DELETED>
        <DELETED>    (3) $680,893,000 from the Trust Fund, together 
        with $22,683,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2010 through June 30, 2011;</DELETED>
        <DELETED>    (4) $20,869,000 from the Trust Fund is for 
        national activities of the Employment Service, including 
        administration of the work opportunity tax credit under section 
        51 of the Internal Revenue Code of 1986, and the provision of 
        technical assistance and staff training under the Wagner-Peyser 
        Act, including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;</DELETED>
        <DELETED>    (5) $68,436,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $53,307,000 shall be available for the 
        Federal administration of such activities, and $15,129,000 
        shall be available for grants to States for the administration 
        of such activities; and</DELETED>
        <DELETED>    (6) $47,220,000 from the General Fund is to 
        provide workforce information, national electronic tools, and 
        one-stop system building under the Wagner-Peyser Act and 
        section 171 (e)(2)(C) of the Workforce Investment Act of 1998 
        and shall be available for Federal obligation for the period 
        July 1, 2010 through June 30, 2011:</DELETED>
<DELETED>Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2010 is projected by the 
Department of Labor to exceed 5,059,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Act: Provided further, That the Secretary of Labor may use 
funds appropriated for grants to States under title III of the Social 
Security Act to make payments on behalf of States for the use of the 
National Directory of New Hires under section 453(j)(8) of such Act: 
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance or immigration programs, may be obligated in contracts, 
grants, or agreements with non-State entities: Provided further, That 
funds appropriated under this Act for activities authorized under title 
III of the Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed under the Office of Management and Budget Circular A-87: 
Provided further, That the Secretary, at the request of a State 
participating in a consortium with other States, may reallot funds 
allotted to such State under title III of the Social Security Act to 
other States participating in the consortium in order to carry out 
activities that benefit the administration of the unemployment 
compensation law of the State making the request.</DELETED>
<DELETED>     In addition, $50,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews.</DELETED>

      <DELETED>advances to the unemployment trust fund and other 
                            funds</DELETED>

<DELETED>    For repayable advances to the Unemployment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security Act, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable 
advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, 
and to the ``Federal Unemployment Benefits and Allowances'' account, 
such sums as may be necessary.</DELETED>

               <DELETED>program administration</DELETED>

<DELETED>    For expenses of administering employment and training 
programs, $96,266,000, together with not to exceed $50,140,000, which 
may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund.</DELETED>

      <DELETED>Employee Benefits Security Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Employee Benefits Security 
Administration, $154,060,000.</DELETED>

        <DELETED>Pension Benefit Guaranty Corporation</DELETED>

      <DELETED>pension benefit guaranty corporation fund</DELETED>

<DELETED>    The Pension Benefit Guaranty Corporation (``Corporation'') 
is authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104, as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2010, for the Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2010 shall be 
available for obligations for administrative expenses in excess of 
$464,067,000: Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2010, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2011 for obligation 
for administrative expenses for every 20,000 additional terminated 
participants: Provided further, That an additional $50,000 shall be 
made available through September 30, 2011, for obligation for 
investment management fees for every $25,000,000 in assets received by 
the Corporation as a result of new plan terminations or asset growth, 
after approval by the Office of Management and Budget and notification 
of the Committees on Appropriations of the House of Representatives and 
the Senate: Provided further, That obligations in excess of the amounts 
provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses after approval by the Office of 
Management and Budget and notification of the Committees on 
Appropriations of the House of Representatives and the 
Senate.</DELETED>

         <DELETED>Employment Standards Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

               <DELETED>(including rescission)</DELETED>

<DELETED>    For necessary expenses for the Employment Standards 
Administration, including reimbursement to State, Federal, and local 
agencies and their employees for inspection services rendered, 
$484,632,000, together with $2,124,000 which may be expended from the 
Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the 
Longshore and Harbor Workers' Compensation Act: Provided, That the 
Secretary of Labor is authorized to establish and, in accordance with 
31 U.S.C. 3302, collect and deposit in the Treasury fees for processing 
applications and issuing certificates under sections 11(d) and 14 of 
the Fair Labor Standards Act of 1938 and for processing applications 
and issuing registrations under title I of the Migrant and Seasonal 
Agricultural Worker Protection Act.</DELETED>
<DELETED>    Of the unobligated funds collected pursuant to section 
286(v) of the Immigration and Nationality Act, $65,000,000 are 
rescinded as of September 30, 2010.</DELETED>

                  <DELETED>special benefits</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the payment of compensation, benefits, and expenses 
(except administrative expenses) accruing during the current or any 
prior fiscal year authorized by 5 U.S.C. 81; continuation of benefits 
as provided for under the heading ``Civilian War Benefits'' in the 
Federal Security Agency Appropriation Act, 1947; the Employees' 
Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) 
of the War Claims Act of 1948; and 50 percent of the additional 
compensation and benefits required by section 10(h) of the Longshore 
and Harbor Workers' Compensation Act, $187,000,000, together with such 
amounts as may be necessary to be charged to the subsequent year 
appropriation for the payment of compensation and other benefits for 
any period subsequent to August 15 of the current year: Provided, That 
amounts appropriated may be used under 5 U.S.C. 8104, by the Secretary 
of Labor to reimburse an employer, who is not the employer at the time 
of injury, for portions of the salary of a reemployed, disabled 
beneficiary: Provided further, That balances of reimbursements 
unobligated on September 30, 2009, shall remain available until 
expended for the payment of compensation, benefits, and expenses: 
Provided further, That in addition there shall be transferred to this 
appropriation from the Postal Service and from any other corporation or 
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for 
its fair share of the cost of administration, such sums as the 
Secretary determines to be the cost of administration for employees of 
such fair share entities through September 30, 2010: Provided further, 
That of those funds transferred to this account from the fair share 
entities to pay the cost of administration of the Federal Employees' 
Compensation Act, $58,120,000 shall be made available to the Secretary 
as follows:</DELETED>
        <DELETED>    (1) For enhancement and maintenance of automated 
        data processing systems and telecommunications systems, 
        $19,968,000.</DELETED>
        <DELETED>    (2) For automated workload processing operations, 
        including document imaging, centralized mail intake, and 
        medical bill processing, $23,323,000.</DELETED>
        <DELETED>    (3) For periodic roll management and medical 
        review, $14,829,000.</DELETED>
        <DELETED>    (4) The remaining funds shall be paid into the 
        Treasury as miscellaneous receipts:</DELETED>
<DELETED>Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits under 5 U.S.C. 
81, or the Longshore and Harbor Workers' Compensation Act, provide as 
part of such notice and claim, such identifying information (including 
Social Security account number) as such regulations may 
prescribe.</DELETED>

      <DELETED>special benefits for disabled coal miners</DELETED>

<DELETED>    For carrying out title IV of the Federal Mine Safety and 
Health Act of 1977, as amended by Public Law 107-275, $169,180,000, to 
remain available until expended.</DELETED>
<DELETED>    For making after July 31 of the current fiscal year, 
benefit payments to individuals under title IV of such Act, for costs 
incurred in the current fiscal year, such amounts as may be 
necessary.</DELETED>
<DELETED>    For making benefit payments under title IV for the first 
quarter of fiscal year 2011, $45,000,000, to remain available until 
expended.</DELETED>

<DELETED>administrative expenses, energy employees occupational illness 
                      compensation fund</DELETED>

<DELETED>    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $51,197,000, to remain 
available until expended: Provided, That the Secretary of Labor may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.</DELETED>

          <DELETED>black lung disability trust fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    In fiscal year 2010, such sums as may be necessary from 
the Black Lung Disability Trust Fund (``Fund''), to remain available 
until expended, for payment of all benefits authorized by section 
9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1986; and 
interest on advances, as authorized by section 9501(c)(2) of that Act. 
In addition, the following amounts may be expended from the Fund for 
fiscal year 2010 for expenses of operation and administration of the 
Black Lung Benefits program, as authorized by section 9501(d)(5): not 
to exceed $32,720,000 for transfer to the Employment Standards 
Administration ``Salaries and Expenses''; not to exceed $25,091,000 for 
transfer to Departmental Management, ``Salaries and Expenses''; not to 
exceed $327,000 for transfer to Departmental Management, ``Office of 
Inspector General''; and not to exceed $356,000 for payments into 
miscellaneous receipts for the expenses of the Department of the 
Treasury.</DELETED>

    <DELETED>Occupational Safety and Health Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Occupational Safety and 
Health Administration, $554,620,000, including not to exceed 
$103,393,000 which shall be the maximum amount available for grants to 
States under section 23(g) of the Occupational Safety and Health Act 
(``Act''), which grants shall be no less than 50 percent of the costs 
of State occupational safety and health programs required to be 
incurred under plans approved by the Secretary of Labor under section 
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to $200,000 
per fiscal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such sums for 
occupational safety and health training and education: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the 
fiscal year ending September 30, 2010, to collect and retain fees for 
services provided to Nationally Recognized Testing Laboratories, and 
may utilize such sums, in accordance with the provisions of 29 U.S.C. 
9a, to administer national and international laboratory recognition 
programs that ensure the safety of equipment and products used by 
workers in the workplace: Provided further, That none of the funds 
appropriated under this paragraph shall be obligated or expended to 
prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person 
who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer of 10 
or fewer employees who is included within a category having a Days 
Away, Restricted, or Transferred (DART) occupational injury and illness 
rate, at the most precise industrial classification code for which such 
data are published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of the Act, except--
</DELETED>
        <DELETED>    (1) to provide, as authorized by the Act, 
        consultation, technical assistance, educational and training 
        services, and to conduct surveys and studies;</DELETED>
        <DELETED>    (2) to conduct an inspection or investigation in 
        response to an employee complaint, to issue a citation for 
        violations found during such inspection, and to assess a 
        penalty for violations which are not corrected within a 
        reasonable abatement period and for any willful violations 
        found;</DELETED>
        <DELETED>    (3) to take any action authorized by the Act with 
        respect to imminent dangers;</DELETED>
        <DELETED>    (4) to take any action authorized by the Act with 
        respect to health hazards;</DELETED>
        <DELETED>    (5) to take any action authorized by the Act with 
        respect to a report of an employment accident which is fatal to 
        one or more employees or which results in hospitalization of 
        two or more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and</DELETED>
        <DELETED>    (6) to take any action authorized by the Act with 
        respect to complaints of discrimination against employees for 
        exercising rights under the Act:</DELETED>
<DELETED>Provided further, That the foregoing proviso shall not apply 
to any person who is engaged in a farming operation which does not 
maintain a temporary labor camp and employs 10 or fewer employees: 
Provided further, That $10,000,000 shall be available for Susan Harwood 
training grants.</DELETED>

        <DELETED>Mine Safety and Health Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Mine Safety and Health 
Administration, $353,193,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; the 
Secretary of Labor is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
or private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining 
community through cooperative programs with States, industry, and 
safety associations; the Secretary is authorized, in fiscal year 2010 
and each fiscal year thereafter, to recognize the Joseph A. Holmes 
Safety Association as a principal safety association and, 
notwithstanding any other provision of law, may provide funds and, with 
or without reimbursement, personnel, including service of Mine Safety 
and Health Administration officials as officers in local chapters or in 
the national organization; and any funds available to the Department of 
Labor may be used, with the approval of the Secretary, to provide for 
the costs of mine rescue and survival operations in the event of a 
major disaster.</DELETED>

             <DELETED>Bureau of Labor Statistics</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $533,359,000, 
together with not to exceed $78,264,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act: Provided, 
That the Current Employment Survey shall maintain the content of the 
survey issued prior to June 2005 with respect to the collection of data 
for the women worker series.</DELETED>

       <DELETED>Office of Disability Employment Policy</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Office of Disability 
Employment Policy to provide leadership, develop policy and 
initiatives, and award grants furthering the objective of eliminating 
barriers to the training and employment of people with disabilities, 
$37,031,000.</DELETED>

               <DELETED>Departmental Management</DELETED>

                <DELETED>salaries and expenses</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses for Departmental Management, 
including the hire of three sedans, and including the management or 
operation, through contracts, grants or other arrangements of 
Departmental activities conducted by or through the Bureau of 
International Labor Affairs, including bilateral and multilateral 
technical assistance and other international labor activities, 
$350,827,000 (reduced by $1,000,000), of which $91,419,000 is for the 
Bureau of International Labor Affairs (including $6,500,000 to 
implement model programs to address worker rights issues through 
technical assistance in countries with which the United States has 
trade preference programs), and of which $19,892,000 is for the 
acquisition of Departmental information technology, architecture, 
infrastructure, equipment, software and related needs, which will be 
allocated by the Department's Chief Information Officer in accordance 
with the Department's capital investment management process to assure a 
sound investment strategy, and of which $5,000,000 is for Program 
Evaluation, which may be transferred to any other appropriate account 
in the Department for such purpose; together with not to exceed 
$327,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund.</DELETED>

                 <DELETED>office of job corps</DELETED>

<DELETED>    To carry out subtitle C of title I of the Workforce 
Investment Act of 1998, including Federal administrative expenses, the 
purchase and hire of passenger motor vehicles, the construction, 
alteration and repairs of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
Workforce Investment Act; $1,705,320,000, plus reimbursements, as 
follows:</DELETED>
        <DELETED>    (1) $1,576,130,000 for Job Corps Operations, of 
        which $985,130,000 shall be available for obligation for the 
        period July 1, 2010 through June 30, 2011 and of which 
        $591,000,000 shall be available for obligation for the period 
        October 1, 2010 through June 30, 2011.</DELETED>
        <DELETED>    (2) $100,000,000 for construction, rehabilitation 
        and acquisition of Job Corps Centers, which shall be available 
        for the period October 1, 2010 through June 30, 2013.</DELETED>
        <DELETED>    (3) $29,190,000 for necessary expenses of the 
        Office of Job Corps which shall be available for obligation for 
        the period October 1, 2009 through September 30, 
        2010:</DELETED>
<DELETED>Provided, That the Office of Job Corps shall have contracting 
authority: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps 
centers.</DELETED>

          <DELETED>veterans employment and training</DELETED>

<DELETED>    Not to exceed $210,156,000 may be derived from the 
Employment Security Administration Account in the Unemployment Trust 
Fund to carry out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 
4321-4327, and Public Law 103-353, and which shall be available for 
obligation by the States through December 31, 2010, of which $2,449,000 
is for the National Veterans' Employment and Training Services 
Institute.</DELETED>
<DELETED>    In addition, to carry out the Department of Labor programs 
under section 5(a)(1) of the Homeless Veterans Comprehensive Assistance 
Act of 2001 and the Veterans Workforce Investment Programs under 
section 168 of the Workforce Investment Act, $46,971,000, of which 
$9,641,000 shall be available for obligation for the period July 1, 
2010 through June 30, 2011.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    For salaries and expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector General Act of 
1978, $78,093,000, together with not to exceed $5,921,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.</DELETED>

                 <DELETED>General Provisions</DELETED>

<DELETED>    Sec. 101.  None of the funds appropriated in this Act for 
the Job Corps shall be used to pay the salary of an individual, either 
as direct costs or any proration as an indirect cost, at a rate in 
excess of Executive Level I.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 102.  Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet 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 Representatives and the Senate are 
notified at least 15 days in advance of any transfer.</DELETED>
<DELETED>    Sec. 103.  In accordance with Executive Order No. 13126, 
none of the funds appropriated or otherwise made available pursuant to 
this Act shall be obligated or expended for the procurement of goods 
mined, produced, manufactured, or harvested or services rendered, whole 
or in part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.</DELETED>
<DELETED>    Sec. 104.  None of the funds appropriated in this title 
for grants under section 171 of the Workforce Investment Act of 1998 
may be obligated prior to the preparation and submission of a report by 
the Secretary of Labor to the Committees on Appropriations of the House 
of Representatives and the Senate detailing the planned uses of such 
funds.</DELETED>
<DELETED>    Sec. 105.  None of the funds made available to the 
Department of Labor for grants under section 414(c) of the American 
Competitiveness and Workforce Improvement Act of 1998 may be used for 
any purpose other than training in the occupations and industries for 
which employers are using H-1B visas to hire foreign workers, and the 
related activities necessary to support such training: Provided, That 
the preceding limitation shall not apply to multi-year grants awarded 
prior to June 30, 2007.</DELETED>
<DELETED>    Sec. 106.  None of the funds available in this Act or 
available to the Secretary of Labor from other sources for Career 
Pathways Innovation Fund grants and grants authorized under section 
414(c) of the American Competitiveness and Workforce Improvement Act of 
1998 shall be obligated for a grant awarded on a non-competitive 
basis.</DELETED>
<DELETED>    Sec. 107.  None of the funds appropriated in this Act 
under the heading ``Employment and Training Administration'' shall be 
used by a recipient or subrecipient of such funds to pay the salary and 
bonuses of an individual, either as direct costs or indirect costs, at 
a rate in excess of Executive Level II. This limitation shall not apply 
to vendors providing goods and services as defined in Office of 
Management and Budget Circular A-133. Where States are recipients of 
such funds, States may establish a lower limit for salaries and bonuses 
of those receiving salaries and bonuses from subrecipients of such 
funds, taking into account factors including the relative cost-of-
living in the State, the compensation levels for comparable State or 
local government employees, and the size of the organizations that 
administer Federal programs involved including Employment and Training 
Administration programs.</DELETED>
<DELETED>    Sec. 108.  The Secretary of Labor shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a plan for the transfer of the administration of the Job Corps 
program authorized under title I-C of the Workforce Investment Act of 
1998 from the Office of the Secretary to the Employment and Training 
Administration. As of the date that is 30 days after the date of 
submission of such plan, the Secretary may transfer the administration 
and appropriated funds of the program from the Office of the Secretary 
and the provisions of section 102 of Public Law 109-149 shall no longer 
be applicable.</DELETED>
<DELETED>    This title may be cited as the ``Department of Labor 
Appropriations Act, 2010''.</DELETED>

  <DELETED>TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

    <DELETED>Health Resources and Services Administration</DELETED>

            <DELETED>health resources and services</DELETED>

<DELETED>    For carrying out titles II, III, IV, VII, VIII, X, XI, 
XII, XIX, and XXVI of the Public Health Service Act (``PHS Act''), 
section 427(a) of the Federal Coal Mine Health and Safety Act, title V 
and sections 711, 1128E, and 1820 of the Social Security Act, the 
Health Care Quality Improvement Act of 1986, the Native Hawaiian Health 
Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712 
of the American Jobs Creation Act of 2004, and the Stem Cell 
Therapeutic and Research Act of 2005, $7,305,817,000 (increased by 
$1,000,000), of which $41,200,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program under such section: Provided, That of the funds made 
available under this heading, $129,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided further, That $56,000,000 of the funding 
provided for community health centers shall be for base grant 
adjustments for existing health centers: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That no more than $40,000 shall be available until expended 
for carrying out the provisions of section 224(o) of the PHS Act 
including associated administrative expenses and relevant evaluations: 
Provided further, That no more than $44,055,000 shall be available 
until expended for carrying out the provisions of Public Law 104-73 and 
for expenses incurred by the Department of Health and Human Services 
(``HHS'') pertaining to administrative claims made under such law: 
Provided further, That of the funds made available under this heading, 
$317,491,000 shall be for the program under title X of the PHS Act to 
provide for voluntary family planning projects: Provided further, That 
amounts provided to said projects under such title shall not be 
expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided further, 
That of the funds available under this heading, $1,932,865,000 shall 
remain available to the Secretary of HHS through September 30, 2012, 
for parts A and B of title XXVI of the PHS Act: Provided further, That 
within the amounts provided for part A of title XXVI of the PHS Act, 
$6,021,000 shall be available to the Secretary through September 30, 
2012, and shall be available to qualifying jurisdictions, within 30 
days of enactment, for increasing supplemental grants for fiscal year 
2010 to metropolitan and transitional areas that received grant funding 
in fiscal year 2009 under subparts I and II of part A of title XXVI of 
the PHS Act to ensure that an area's total funding under subparts I and 
II of part A for fiscal year 2009, together with the amount of this 
additional funding, is not less than 92.4 percent of the amount of such 
area's total funding under part A for fiscal year 2006: Provided 
further, That notwithstanding section 2603(c)(1) of the PHS Act, the 
additional funding to areas under the immediately preceding proviso, 
which may be used for costs incurred during fiscal year 2009, shall be 
available to the area for obligation from the date of the award through 
the end of the grant year for the award: Provided further, That 
$835,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the PHS Act: Provided further, That in 
addition to amounts provided herein, $25,000,000 shall be available 
from amounts available under section 241 of the PHS Act to carry out 
parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691 
Special Projects of National Significance: Provided further, That 
notwithstanding section 703 of Public Law 109-415, authority to carry 
out title XXVI of the PHS Act shall continue in effect until October 1, 
2010, unless prior to that date, authorization is enacted into law 
otherwise extending this authority: Provided further, That 
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security 
Act, not to exceed $92,649,000 shall be available for carrying out 
special projects of regional and national significance pursuant to 
section 501(a)(2) of such Act and $10,400,000 shall be available for 
projects described in paragraphs (A) through (F) of section 501(a)(3) 
of such Act: Provided further, That notwithstanding section 747(e)(2) 
of the PHS Act, not less than $5,000,000 shall be for general dentistry 
programs, not less than $5,000,000 shall be for pediatric dentistry 
programs including faculty loan repayment, and not less than 
$29,025,000 shall be for family medicine programs: Provided further, 
That funds provided under section 846 and subpart 3 of part D of title 
III of the PHS Act may be used to make prior year adjustments to awards 
made under these sections: Provided further, That of the amount 
appropriated in this paragraph, $179,330,000 shall be used for the 
projects financing the construction and renovation (including 
equipment) of health care and other facilities and for other health-
related activities, and in the amounts, specified under the heading 
``Health Resources and Services'' in the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act, 
and of which up to one percent of the amount for each project may be 
used for related agency administrative expenses: Provided further, That 
notwithstanding section 338J(k) of the PHS Act, $9,700,000 shall be 
available for State Offices of Rural Health: Provided further, That of 
the funds provided, $15,000,000 shall be available for the Small Rural 
Hospital Improvement Grant Program for quality improvement and adoption 
of health information technology: Provided further, That $75,000,000 
shall be available for State Health Access Grants to expand access to 
affordable health care coverage for the uninsured populations in such 
States.</DELETED>

  <DELETED>health education assistance loans program account</DELETED>

<DELETED>    Such sums as may be necessary to carry out the purpose of 
the program, as authorized by title VII of the Public Health Service 
Act (``PHS Act''). For administrative expenses to carry out the 
guaranteed loan program, including section 709 of the PHS Act, 
$2,847,000.</DELETED>

   <DELETED>vaccine injury compensation program trust fund</DELETED>

<DELETED>    For payments from the Vaccine Injury Compensation Program 
Trust Fund (``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the Public Health Service Act, to remain available 
until expended: Provided, That for necessary administrative expenses, 
not to exceed $6,502,000 shall be available from the Trust Fund to the 
Secretary of Health and Human Services.</DELETED>

     <DELETED>Centers for Disease Control and Prevention</DELETED>

       <DELETED>disease control, research, and training</DELETED>

<DELETED>    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
and XXVI of the Public Health Service Act (``PHS Act''), sections 101, 
102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine Safety 
and Health Act of 1977, section 13 of the Mine Improvement and New 
Emergency Response Act of 2006, sections 20, 21, and 22 of the 
Occupational Safety and Health Act of 1970, title IV of the Immigration 
and Nationality Act, section 501 of the Refugee Education Assistance 
Act of 1980, and for expenses necessary to support activities related 
to countering potential biological, nuclear, radiological, and chemical 
threats to civilian populations; including purchase and insurance of 
official motor vehicles in foreign countries; and purchase, hire, 
maintenance, and operation of aircraft, $6,313,032,000 (increased by 
$1,000,000), of which $30,000,000 shall remain available until expended 
for acquisition of real property, equipment, construction and 
renovation of facilities; of which $595,749,000 shall remain available 
until expended for the Strategic National Stockpile under section 319F-
2 of the PHS Act; of which $13,455,000 shall be used for the projects, 
and in the amounts, specified under the heading ``Disease Control, 
Research, and Training'' in the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act; 
of which $118,979,000 for international HIV/AIDS shall remain available 
through September 30, 2011; and of which $70,723,000 shall be available 
until expended to provide screening and treatment for first response 
emergency services personnel, residents, students, and others related 
to the September 11, 2001, terrorist attacks on the World Trade Center: 
Provided, That in addition, such sums as may be derived from authorized 
user fees, which shall be credited to this account: Provided further, 
That with respect to the previous proviso, authorized user fees from 
the Vessel Sanitation Program shall be available through September 30, 
2011: Provided further, That in addition to amounts provided herein, 
the following amounts shall be available from amounts available under 
section 241 of the PHS Act: (1) $12,864,000 to carry out the National 
Immunization Surveys; (2) $138,683,000 (increased by $1,000,000) to 
carry out the National Center for Health Statistics surveys; (3) 
$47,386,000 (reduced by $1,000,000) for Public Health Informatics; (4) 
$47,036,000 for Health Marketing; (5) $31,170,000 to carry out Public 
Health Research; and (6) $91,724,000 to carry out research activities 
within the National Occupational Research Agenda: Provided further, 
That none of the funds made available for injury prevention and control 
at the Centers for Disease Control and Prevention may be used, in whole 
or in part, to advocate or promote gun control: Provided further, That 
of the funds made available under this heading, up to $1,000 per 
eligible employee of the Centers for Disease Control and Prevention 
shall be made available until expended for Individual Learning 
Accounts: Provided further, That the Director may redirect the total 
amount made available under authority of Public Law 101-502, section 3, 
dated November 3, 1990, to activities the Director may so designate: 
Provided further, That the Committees on Appropriations of the House of 
Representatives and the Senate are to be notified promptly of any such 
redirection: Provided further, That not to exceed $20,573,000 may be 
available for making grants under section 1509 of the PHS Act to not 
less than 21 States, tribes, or tribal organizations: Provided further, 
That of the funds appropriated, $10,000 shall be for official reception 
and representation expenses when specifically approved by the Director 
of the Centers for Disease Control and Prevention: Provided further, 
That employees of the Centers for Disease Control and Prevention or the 
Public Health Service, both civilian and Commissioned Officers, 
detailed to States, municipalities, or other organizations under 
authority of section 214 of the PHS Act, or in overseas assignments, 
shall be treated as non-Federal employees for reporting purposes only 
and shall not be included within any personnel ceiling applicable to 
the Agency, Service, or the Department of Health and Human Services 
during the period of detail or assignment: Provided further, That none 
of the funds appropriated may be used to implement section 2625 of the 
PHS Act.</DELETED>
<DELETED>    In addition, for necessary expenses to administer the 
Energy Employees Occupational Illness Compensation Program Act, 
$55,358,000, to remain available until expended: Provided, That this 
amount shall be available consistent with the provision regarding 
administrative expenses in section 151(b) of division B, title I of 
Public Law 106-554.</DELETED>

            <DELETED>National Institutes of Health</DELETED>

              <DELETED>national cancer institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to cancer, $5,150,170,000, of which up 
to $8,000,000 may be used for facilities repairs and improvements at 
the National Cancer Institute-Frederick Federally Funded Research and 
Development Center in Frederick, Maryland.</DELETED>

      <DELETED>national heart, lung, and blood institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to cardiovascular, lung, and blood 
diseases, and blood and blood products, $3,123,403,000.</DELETED>

        <DELETED>national institute of dental and craniofacial 
                           research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to dental disease, 
$417,032,000.</DELETED>

   <DELETED>national institute of diabetes and digestive and kidney 
                           diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to diabetes and digestive and kidney 
disease, $1,824,251,000.</DELETED>

       <DELETED>national institute of neurological disorders and 
                            stroke</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to neurological disorders and stroke, 
$1,650,253,000.</DELETED>

         <DELETED>national institute of allergy and infectious 
                           diseases</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to allergy and infectious diseases, 
$4,859,502,000, of which $500,000,000 shall be derived by transfer from 
funds appropriated under the heading ``Biodefense Countermeasures'' in 
the Department of Homeland Security Appropriations Act, 2004: Provided, 
That $300,000,000 may be made available to International Assistance 
Programs ``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', 
to remain available until expended.</DELETED>

   <DELETED>national institute of general medical sciences</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to general medical sciences, 
$2,069,156,000.</DELETED>

<DELETED>eunice kennedy shriver national institute of child health and 
                      human development</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to child health and human development, 
$1,341,120,000.</DELETED>

               <DELETED>national eye institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to eye diseases and visual disorders, 
$713,072,000.</DELETED>

 <DELETED>national institute of environmental health sciences</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$695,497,000.</DELETED>

             <DELETED>national institute on aging</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to aging, $1,119,404,000.</DELETED>

 <DELETED>national institute of arthritis and musculoskeletal and skin 
                           diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to arthritis and musculoskeletal and 
skin diseases, $543,621,000.</DELETED>

    <DELETED>national institute on deafness and other communication 
                          disorders</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to deafness and other communication 
disorders, $422,308,000.</DELETED>

       <DELETED>national institute of nursing research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to nursing research, 
$146,945,000.</DELETED>

 <DELETED>national institute on alcohol abuse and alcoholism</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to alcohol abuse and alcoholism, 
$466,308,000.</DELETED>

          <DELETED>national institute on drug abuse</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to drug abuse, 
$1,069,583,000.</DELETED>

         <DELETED>national institute of mental health</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to mental health, 
$1,502,266,000.</DELETED>

      <DELETED>national human genome research institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to human genome research, 
$520,311,000.</DELETED>

         <DELETED>national institute of biomedical imaging and 
                        bioengineering</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to biomedical imaging and 
bioengineering research, $319,217,000.</DELETED>

       <DELETED>national center for research resources</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to research resources and general 
research support grants, $1,280,031,000.</DELETED>

      <DELETED>national center for complementary and alternative 
                           medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to complementary and alternative 
medicine, $129,953,000.</DELETED>

        <DELETED>national center on minority health and health 
                         disparities</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to minority health and health 
disparities research, $213,316,000.</DELETED>

        <DELETED>john e. fogarty international center</DELETED>

<DELETED>    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the Public Health Service Act), $70,780,000.</DELETED>

            <DELETED>national library of medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act (``PHS Act'') with respect to health information 
communications, $342,585,000, of which $4,000,000 shall be available 
until expended for improvement of information systems: Provided, That 
in fiscal year 2010, the National Library of Medicine may enter into 
personal services contracts for the provision of services in facilities 
owned, operated, or constructed under the jurisdiction of the National 
Institutes of Health: Provided further, That in addition to amounts 
provided herein, $8,200,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the purposes of the 
National Information Center on Health Services Research and Health Care 
Technology established under section 478A of the PHS Act and related 
health services.</DELETED>

               <DELETED>office of the director</DELETED>

<DELETED>    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health (``NIH''), $1,168,704,000, of 
which up to $25,000,000 shall be used to carry out section 214 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund (``Fund''): Provided further, That all funds credited 
to the Fund shall remain available for one fiscal year after the fiscal 
year in which they are deposited: Provided further, That up to 
$194,400,000 shall be available for continuation of the National 
Children's Study: Provided further, That $534,066,000 shall be 
available for the Common Fund established under section 402A(c)(1) of 
the Public Health Service Act (``PHS Act''): Provided further, That of 
the funds provided $10,000 shall be for official reception and 
representation expenses when specifically approved by the Director of 
the NIH: Provided further, That the Office of AIDS Research within the 
Office of the Director of the NIH may spend up to $8,000,000 to make 
grants for construction or renovation of facilities as provided for in 
section 2354(a)(5)(B) of the PHS Act.</DELETED>

              <DELETED>buildings and facilities</DELETED>

<DELETED>    For the study of, construction of, renovation of, and 
acquisition of equipment for, facilities of or used by the National 
Institutes of Health, including the acquisition of real property, 
$100,000,000, to remain available until expended.</DELETED>

          <DELETED>Substance Abuse and Mental Health Services 
                        Administration</DELETED>

     <DELETED>substance abuse and mental health services</DELETED>

<DELETED>    For carrying out titles III, V, and XIX of the Public 
Health Service Act (``PHS Act'') with respect to substance abuse and 
mental health services and the Protection and Advocacy for Individuals 
with Mental Illness Act, $3,419,438,000, of which $10,108,000 shall be 
used for the projects, and in the amounts, specified under the heading 
``Substance Abuse and Mental Health Services'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act: Provided, That notwithstanding section 520A(f)(2) 
of the PHS Act, no funds appropriated for carrying out section 520A are 
available for carrying out section 1971 of the PHS Act: Provided 
further, That $795,000 shall be available until expended for 
reimbursing the General Services Administration for environmental 
testing and remediation on the federally owned facilities at St. 
Elizabeths Hospital, including but not limited to testing and 
remediation conducted prior to fiscal year 2010: Provided further, That 
in addition to amounts provided herein, the following amounts shall be 
available under section 241 of the PHS Act: (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act to fund section 
1935(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1935(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart II of part B of title XIX; (2) 
$21,039,000 to carry out subpart I of part B of title XIX of the PHS 
Act to fund section 1920(b) technical assistance, national data, data 
collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart I of part B of 
title XIX; (3) $22,750,000 to carry out national surveys on drug abuse 
and mental health; and (4) $8,596,000 to collect and analyze data and 
evaluate substance abuse treatment programs: Provided further, That 
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated 
under this Act for fiscal year 2010.</DELETED>

     <DELETED>Agency for Healthcare Research and Quality</DELETED>

           <DELETED>healthcare research and quality</DELETED>

<DELETED>    For carrying out titles III and IX of the Public Health 
Service Act (``PHS Act''), part A of title XI of the Social Security 
Act, and section 1013 of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003, amounts received from Freedom of 
Information Act fees, reimbursable and interagency agreements, and the 
sale of data shall be credited to this appropriation and shall remain 
available until expended: Provided, That the amount made available 
pursuant to section 937(c) of the PHS Act shall not exceed 
$372,053,000.</DELETED>

     <DELETED>Centers for Medicare and Medicaid Services</DELETED>

            <DELETED>grants to states for medicaid</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI 
and XIX of the Social Security Act, $220,962,473,000, to remain 
available until expended.</DELETED>
<DELETED>    For making, after May 31, 2010, payments to States under 
title XIX of the Social Security Act for the last quarter of fiscal 
year 2010 for unanticipated costs, incurred for the current fiscal 
year, such sums as may be necessary.</DELETED>
<DELETED>    For making payments to States or in the case of section 
1928 on behalf of States under title XIX of the Social Security Act for 
the first quarter of fiscal year 2011, $86,789,382,000, to remain 
available until expended.</DELETED>
<DELETED>    Payment under title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved in that 
or any subsequent quarter.</DELETED>

         <DELETED>payments to health care trust funds</DELETED>

<DELETED>    For payment to the Federal Hospital Insurance Trust Fund 
and the Federal Supplementary Medical Insurance Trust Fund, as provided 
under sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$207,296,070,000.</DELETED>
<DELETED>    In addition, for making matching payments under section 
1844, and benefit payments under section 1860D-16 of the Social 
Security Act, not anticipated in budget estimates, such sums as may be 
necessary.</DELETED>

                 <DELETED>program management</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI, 
XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII 
of the Public Health Service Act (``PHS Act''), and the Clinical 
Laboratory Improvement Amendments of 1988, not to exceed 
$3,463,362,000, to be transferred from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, 
as authorized by section 201(g) of the Social Security Act; together 
with all funds collected in accordance with section 353 of the PHS Act 
and section 1857(e)(2) of the Social Security Act, funds retained by 
the Secretary of Health and Human Services pursuant to section 302 of 
the Tax Relief and Health Care Act of 2006; and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
be credited to this account and remain available until expended: 
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from 
organizations established under title XIII of the PHS Act shall be 
credited to and available for carrying out the purposes of this 
appropriation: Provided further, That $35,681,000, to remain available 
through September 30, 2011, shall be for contract costs for the 
Healthcare Integrated General Ledger Accounting System: Provided 
further, That $65,600,000, to remain available through September 30, 
2011, shall be for the Centers for Medicare and Medicaid Services 
(``CMS'') Medicare contracting reform activities: Provided further, 
That the Secretary is directed to collect fees in fiscal year 2010 from 
Medicare Advantage organizations pursuant to section 1857(e)(2) of the 
Social Security Act and from eligible organizations with risk-sharing 
contracts under section 1876 of that Act pursuant to section 
1876(k)(4)(D) of that Act: Provided further, That $1,600,000 shall be 
used for the projects, and in the amounts, specified under the heading 
``Program Management'' in the report of the Committee on Appropriations 
of the House of Representatives to accompany this Act: Provided 
further, That $65,000,000 shall be available for the State high risk 
health insurance pool program as authorized by the State High Risk Pool 
Funding Extension Act of 2006.</DELETED>

     <DELETED>health care fraud and abuse control account</DELETED>

<DELETED>    In addition to amounts otherwise available for program 
integrity and program management, $311,000,000, to remain available 
through September 30, 2011, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act, 
of which $220,320,000 shall be for the Medicare Integrity Program at 
the Centers for Medicare and Medicaid Services, including 
administrative costs, to conduct oversight activities for Medicare 
Advantage and the Medicare Prescription Drug Program authorized in 
title XVIII of the Social Security Act and for activities listed in 
section 1893 of such Act; of which $29,790,000 shall be for the 
Department of Health and Human Services Office of Inspector General to 
carry out fraud and abuse activities authorized by section 1817(k)(3) 
of such Act; of which $31,100,000 shall be for the Medicaid and 
Children's Health Insurance Program (``CHIP'') program integrity 
activities; and of which $29,790,000 shall be for the Department of 
Justice to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act: Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2010 shall 
include measures of the operational efficiency and impact on fraud, 
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the 
funds provided by this appropriation.</DELETED>

      <DELETED>Administration for Children and Families</DELETED>

 <DELETED>payments to states for child support enforcement and family 
                       support programs</DELETED>

<DELETED>    For making payments to States or other non-Federal 
entities under titles I, IV-D, X, XI, XIV, and XVI of the Social 
Security Act and the Act of July 5, 1960, $3,571,509,000, to remain 
available until expended; and for such purposes for the first quarter 
of fiscal year 2011, $1,100,000,000, to remain available until 
expended.</DELETED>
<DELETED>    For making payments to each State for carrying out the 
program of Aid to Families with Dependent Children under title IV-A of 
the Social Security Act before the effective date of the program of 
Temporary Assistance for Needy Families with respect to such State, 
such sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.</DELETED>
<DELETED>    For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under titles I, IV-D, 
X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 
1960, for the last 3 months of the current fiscal year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.</DELETED>

          <DELETED>low income home energy assistance</DELETED>

<DELETED>    For making payments under subsections (b), (d), and (e) of 
section 2602 of the Low Income Home Energy Assistance Act of 1981, 
$5,100,000,000, of which $4,509,672,000 shall be for payments under 
subsections (b) and (d) of such section; and of which $590,328,000 
shall be for payments under subsection (e) of such section, to be made 
notwithstanding the designation requirements of such subsection: 
Provided, That all but $839,792,000 of the amount provided in this Act 
for subsections (b) and (d) shall be allocated as though the total 
appropriation for such payments for fiscal year 2010 was less than 
$1,975,000,000: Provided further, That notwithstanding section 
2605(b)(2)(B)(ii) of such Act, a State may use any amount of an 
allotment from prior appropriations Acts that is available to that 
State for providing assistance in fiscal year 2010, and any allotment 
from funds appropriated in this Act or any other appropriations Act for 
fiscal year 2010, to provide assistance to households whose income does 
not exceed 75 percent of the State median income.</DELETED>

           <DELETED>refugee and entrant assistance</DELETED>

<DELETED>    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and the Trafficking Victims Protection Act 
of 2000, for costs associated with the care and placement of 
unaccompanied alien children, and for carrying out the Torture Victims 
Relief Act of 1998, $714,968,000, of which up to $9,814,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000: 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000 for fiscal year 2010 
shall be available for the costs of assistance provided and other 
activities to remain available through September 30, 2012.</DELETED>

 <DELETED>payments to states for the child care and development block 
                            grant</DELETED>

<DELETED>    For carrying out the Child Care and Development Block 
Grant Act of 1990, $2,127,081,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families: Provided, That $18,960,000 shall be available for 
child care resource and referral and school-aged child care activities, 
of which $1,000,000 shall be for the Child Care Aware toll-free 
hotline: Provided further, That, in addition to the amounts required to 
be reserved by the States under section 658G, $271,401,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $99,534,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $9,910,000 shall be for 
use by the Secretary of Health and Human Services for child care 
research, demonstration, and evaluation activities.</DELETED>

             <DELETED>social services block grant</DELETED>

<DELETED>    For making grants to States pursuant to section 2002 of 
the Social Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX of such Act shall be 10 
percent.</DELETED>

       <DELETED>children and families services programs</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out, except as otherwise provided, the 
Runaway and Homeless Youth Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse 
Prevention and Treatment Act, sections 310 and 316 of the Family 
Violence Prevention and Services Act, the Native American Programs Act 
of 1974, title II of the Child Abuse Prevention and Treatment and 
Adoption Reform Act of 1978 (adoption opportunities), sections 330F and 
330G of the Public Health Service Act (``PHS Act''), the Abandoned 
Infants Assistance Act of 1988, sections 261 and 291 of the Help 
America Vote Act of 2002, part B-1 of title IV and sections 413, 1110, 
and 1115 of the Social Security Act; for making payments under the 
Community Services Block Grant Act (``CSBG Act''), sections 439(i), 
473B, and 477(i) of the Social Security Act, and the Assets for 
Independence Act; and for necessary administrative expenses to carry 
out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960, the Low Income Home 
Energy Assistance Act of 1981, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assistance 
Act of 1980, $9,436,951,000, of which $39,500,000, to remain available 
through September 30, 2011, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2010: Provided, That $7,234,783,000 shall be for making payments 
under the Head Start Act: Provided further, That of the funds 
appropriated in the American Recovery and Reinvestment Act of 2009 for 
Head Start and Early Head Start, only the amount provided to a Head 
Start grantee under section 640(a)(3)(A)(i)(I) of the Head Start Act as 
a cost of living adjustment may be considered to be part of the fiscal 
year 2009 base grant for such grantee for purposes of section 
640(a)(2)(B)(i) through (v) of the Head Start Act:  Provided further, 
That $746,000,000 shall be for making payments under the CSBG Act: 
Provided further, That not less than $10,000,000 shall be for section 
680(a)(3)(B) of the CSBG Act: Provided further, That in addition to 
amounts provided herein, $5,762,000 shall be available from amounts 
available under section 241 of the PHS Act to carry out the provisions 
of section 1110 of the Social Security Act: Provided further, That to 
the extent Community Services Block Grant funds are distributed as 
grant funds by a State to an eligible entity as provided under the CSBG 
Act, and have not been expended by such entity, they shall remain with 
such entity for carryover into the next fiscal year for expenditure by 
such entity consistent with program purposes: Provided further, That 
the Secretary of Health and Human Services shall establish procedures 
regarding the disposition of intangible assets and program income that 
permit such assets acquired with, and program income derived from, 
grant funds authorized under section 680 of the CSBG Act to become the 
sole property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations: Provided further, That $17,410,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$12,154,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $5,256,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $110,000,000 shall be for making 
competitive contracts and grants to fund teenage pregnancy prevention 
programs and for the Federal costs of administering and evaluating such 
contracts and grants, of which not less than $75,000,000 shall be for 
programs that replicate the elements of one or more teenage pregnancy 
prevention programs that have been proven effective through rigorous 
evaluation to reduce teenage pregnancy or reduce behavioral risk 
factors underlying teenage pregnancy; of which not less than 
$25,000,000 shall be available for research and demonstration grants to 
develop, replicate, refine, and test additional models and innovative 
strategies for preventing teenage pregnancy: Provided further, that in 
addition to amounts provided herein for teenage pregnancy prevention, 
$4,455,000 shall be available from amounts under section 241 of the PHS 
Act to carry out evaluations (including longitudinal evaluations) of 
teenage pregnancy prevention approaches: Provided further, That 
$2,000,000 shall be for a human services case management system for 
Federally-declared disasters, to include a comprehensive national case 
management contract and Federal costs of administering the system:  
Provided further, That up to $2,000,000 shall be for improving the 
Public Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system's 
effectiveness: Provided further, That of the funds appropriated under 
this heading, $1,000,000 shall be transferred to the National 
Commission on Children and Disasters to carry out title VI of division 
G of Public Law 110-161: Provided further, That $14,819,000 shall be 
used for the projects, and in the amounts, specified under the heading 
``Children and Families Services Programs'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act.</DELETED>

         <DELETED>promoting safe and stable families</DELETED>

<DELETED>    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,311,000.</DELETED>

       <DELETED>payments for foster care and permanency</DELETED>

<DELETED>    For making payments to States or other non-Federal 
entities under title IV-E of the Social Security Act, 
$5,532,000,000.</DELETED>
<DELETED>    For making payments to States or other non-Federal 
entities under title IV-E of the Social Security Act, for the first 
quarter of fiscal year 2011, $1,850,000,000.</DELETED>
<DELETED>    For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under section 474 of 
title IV-E of the Social Security Act, for the last 3 months of the 
current fiscal year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary.</DELETED>

               <DELETED>Administration on Aging</DELETED>

               <DELETED>aging services programs</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
the Older Americans Act of 1965, section 398 and title XXIX of the 
Public Health Service Act, and section 119 of the Medicare Improvements 
for Patients and Providers Act of 2008, $1,530,881,000, of which 
$5,500,000 shall be available for activities regarding medication 
management, screening, and education to prevent incorrect medication 
and adverse drug reactions: Provided, That $5,079,000 shall be used for 
the projects, and in the amounts, specified under the heading ``Aging 
Services Programs'' in the report of the Committee on Appropriations of 
the House of Representatives to accompany this Act.</DELETED>

               <DELETED>Office of the Secretary</DELETED>

           <DELETED>general departmental management</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses, not otherwise provided, for 
general departmental management, including hire of six sedans, and for 
carrying out titles III, IV, XVII, XX, and XXI of the Public Health 
Service Act (``PHS Act''), the United States-Mexico Border Health 
Commission Act, and research studies under section 1110 of the Social 
Security Act, $397,601,000 (reduced by $1,000,000), together with 
$5,851,000 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, and $69,756,000 from the amounts available under section 
241 of the PHS Act to carry out national health or human services 
research and evaluation activities: Provided, That of this amount, 
$53,891,000 shall be for minority AIDS prevention and treatment 
activities; $5,789,000 shall be to assist Afghanistan in the 
development of maternal and child health clinics, consistent with 
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002; 
and $1,000,000 shall be transferred, not later than 30 days after 
enactment of this Act, to the National Institute of Mental Health to 
administer the Interagency Autism Coordinating Committee: Provided 
further, That of the funds made available under this heading for 
carrying out title XX of the PHS Act, $13,120,000 shall be for 
activities specified under section 2003(b)(2), of which $9,840,000 
shall be for programs that replicate the elements of one or more 
teenage pregnancy prevention programs that have been proven effective 
through rigorous evaluation to reduce teenage pregnancy or reduce 
behavioral risk factors underlying teenage pregnancy, and of which 
$3,280,000 shall be for research and demonstration grants to develop, 
replicate, refine, and test additional models and innovative strategies 
for preventing teen pregnancy, without application of the limitation of 
section 2010(c) of such title XX: Provided further, That funds provided 
in this Act for embryo adoption activities may be used to provide, to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4): Provided further, That $700,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``General Departmental Management'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act: Provided further, That specific information 
requests from the chairmen and ranking members of the Subcommittees on 
the Departments of Labor, Health and Human Services, and Education, and 
Related Agencies, on scientific research or any other matter, shall be 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate (``Committees on Appropriations'') in a 
prompt, professional manner and within the time frame specified in the 
request: Provided further, That scientific information, including such 
information provided in congressional testimony, requested by the 
Committees on Appropriations and prepared by government researchers and 
scientists shall be transmitted to the Committees on Appropriations, 
uncensored and without delay.</DELETED>

       <DELETED>office of medicare hearings and appeals</DELETED>

<DELETED>    For expenses necessary for administrative law judges 
responsible for hearing cases under title XVIII of the Social Security 
Act (and related provisions of title XI of such Act), $71,147,000, to 
be transferred in appropriate part from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical Insurance Trust 
Fund.</DELETED>

  <DELETED>office of the national coordinator for health information 
                          technology</DELETED>

<DELETED>    For expenses necessary for the Office of the National 
Coordinator for Health Information Technology, including grants, 
contracts, and cooperative agreements for the development and 
advancement of interoperable health information technology, 
$61,342,000, which shall be available from amounts available under 
section 241 of the Public Health Service Act.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    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 Inspector General 
Act of 1978, $50,279,000: Provided, That of such amount, necessary sums 
shall be available for providing 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.</DELETED>

               <DELETED>office for civil rights</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>retirement pay and medical benefits for commissioned 
                           officers</DELETED>

<DELETED>    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 medical care of dependents and retired personnel under 
the Dependents' Medical Care Act, such amounts as may be required 
during the current fiscal year.</DELETED>

  <DELETED>public health and social services emergency fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 $35,565,000 shall be to support preparedness and 
emergency operations, of which $5,000,000 shall remain available 
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 countermeasures: 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.</DELETED>
<DELETED>    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 Countermeasures'' in the Department of Homeland Security 
Appropriations Act, 2004, to remain available through September 30, 
2011.</DELETED>
<DELETED>    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 activities including the development and 
purchase of vaccine, antivirals, necessary medical supplies, 
diagnostics, and other surveillance tools: Provided, That products 
purchased with these funds may, at the discretion of the Secretary of 
Health and Human Services, be deposited in the Strategic National 
Stockpile under section 319F-2(a) of the PHS Act: Provided further, 
That notwithstanding section 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 renovation necessary to secure 
sufficient supplies of such vaccines or biologics: Provided further, 
That funds appropriated herein may be transferred to other 
appropriation accounts of the Department of Health and Human Services, 
as determined by the Secretary to be appropriate, to be used for the 
purposes specified in this paragraph.</DELETED>
<DELETED>    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 remain 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.</DELETED>
<DELETED>    For expenses necessary for fit-out and other costs related 
to a competitive lease procurement to renovate or replace the existing 
headquarters building for Public Health Service agencies and other 
components of the Department of Health and Human Services, $70,000,000, 
to remain available until expended.</DELETED>

                 <DELETED>General Provisions</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    Sec. 202.  The Secretary of Health and Human Services 
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 
International Development, the United Nations International Children's 
Emergency Fund or the World Health Organization.</DELETED>
<DELETED>    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 
Executive Level I.</DELETED>
<DELETED>    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 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 Services to the Committees 
on Appropriations of the House of Representatives and the Senate 
detailing the planned uses of such funds.</DELETED>
<DELETED>    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 
available for the evaluation (directly, or by grants or contracts) of 
the implementation and effectiveness of such programs.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 206.  Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
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 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 Representatives and the Senate are notified at least 15 days 
in advance of any transfer.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 208.  Of the amounts made available in this Act for 
the National Institutes of Health, the amount for research related to 
the human immunodeficiency virus, as jointly determined by the Director 
of the National Institutes 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 necessary to carry out section 
2353(d)(3) of the Public Health Service Act.</DELETED>
<DELETED>    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 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 participation in such program to an otherwise eligible 
entity (including 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 prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): 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.</DELETED>
<DELETED>    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 appropriations Act may be used to 
withhold substance abuse funding from a State pursuant to section 1926 
of the Public Health Service Act (``PHS Act'') if such State certifies 
to the 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 accordance with subsection (b), to ensure 
compliance with State laws prohibiting the sale of tobacco products to 
individuals under 18 years of age.</DELETED>
<DELETED>    (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 compliance rate goal established by the 
Secretary under section 1926 of such Act.</DELETED>
<DELETED>    (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 additional 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.</DELETED>
<DELETED>    (d) The Secretary shall exercise discretion in enforcing 
the timing of the State obligation of the additional funds required by 
the certification described in subsection (a) as late as July 31 of 
such fiscal year.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 213.  In order for the Department of Health and Human 
Services to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2010:</DELETED>
        <DELETED>    (1) The Secretary of Health and Human Services may 
        exercise authority equivalent to that available 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 provided 
        in this section is exercised in a manner consistent with 
        section 207 of the Foreign Service Act of 1980 and other 
        applicable statutes administered by the Department of 
        State.</DELETED>
        <DELETED>    (2) The Secretary of Health and Human Services 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 
        Department of Health and Human Services. The Department of 
        State shall cooperate fully with the Secretary 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, 
        and other facilities requirements and serve the purposes 
        established by this Act. The Secretary of Health and Human 
        Services is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make 
        available to public or nonprofit private institutions or 
        agencies in participating 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 relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.</DELETED>
<DELETED>    Sec. 214. (a) Authority.--Notwithstanding any other 
provision of law, the Director of the National Institutes of Health 
(``Director'') may use funds available under section 402(b)(7) or 
402(b)(12) of the Public Health Service Act (``PHS Act'') to enter into 
transactions (other than contracts, cooperative agreements, or grants) 
to carry out research identified pursuant to such section 402(b)(7) 
(pertaining to the Common Fund) or research and activities described in 
such section 402(b)(12).</DELETED>
<DELETED>    (b) Peer Review.--In entering into transactions under 
subsection (a), the Director may utilize such peer review procedures 
(including consultation with appropriate scientific experts) as the 
Director determines to be appropriate 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 
procedures 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.</DELETED>
<DELETED>    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 Education established by section 301 of 
Public Law 102-408.</DELETED>
<DELETED>    Sec. 216.  Not to exceed $35,000,000 of funds appropriated 
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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 217.  Of the amounts made available for the National 
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 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.</DELETED>
<DELETED>    This title may be cited as the ``Department of Health and 
Human Services Appropriations Act, 2010''.</DELETED>

         <DELETED>TITLE III--DEPARTMENT OF EDUCATION</DELETED>

           <DELETED>Education for the Disadvantaged</DELETED>

<DELETED>    For carrying out title I of the Elementary and Secondary 
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 
Secretary of Education on October 1, 2009, to obtain annually 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 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 
further, 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, 
notwithstanding 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 reading instruction: Provided 
further, That State and local educational agencies may use fiscal year 
2009 appropriations, and funds appropriated in this Act, for school 
improvement 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 performance 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 educational agencies under the 
American Recovery and Reinvestment Act of 2009 for fiscal year 2009 
shall not be 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.</DELETED>

                     <DELETED>Impact Aid</DELETED>

<DELETED>    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 
disabilities under section 8003(d), $17,509,000 shall be for 
construction under section 8007(a) and shall remain available 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 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 attended prior to their change in 
eligibility status.</DELETED>

             <DELETED>School Improvement Programs</DELETED>

<DELETED>    For carrying out school improvement activities authorized 
by parts A, B, and D of title II, part B of title IV, subparts 6 and 9 
of part D of title V, parts A and B of title VI, and parts B and C of 
title VII of the Elementary and Secondary Education Act of 1965 
(``ESEA''); the McKinney-Vento Homeless Assistance Act; section 203 of 
the Educational Technical Assistance Act of 2002; the Compact of Free 
Association Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,239,644,000 (increased by $5,000,000), of which $3,375,993,000 
(increased by $5,000,000) shall become available on July 1, 2010, and 
remain available through September 30, 2011, and of which 
$1,681,441,000 shall become available on October 1, 2010, and shall 
remain available through September 30, 2011, for academic year 2010-
2011: Provided, That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation and 
modernization of public elementary schools, public secondary schools, 
and structures related to public elementary 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: Provided 
further, That no funds appropriated under this heading may be used to 
carry out section 5494 under the ESEA: Provided further, That 
$17,687,000 shall be available to carry out the Supplemental Education 
Grants program for the Federated States of Micronesia and the Republic 
of the Marshall Islands: Provided further, That up to 5 percent of 
these amounts may be reserved by the Federated States of Micronesia and 
the Republic of the Marshall Islands to administer the Supplemental 
Education Grants programs and to obtain technical assistance, oversight 
and consultancy services in the administration of these grants and to 
reimburse the United States Departments of Labor, Health and Human 
Services, and Education for such services: Provided further, That 
$9,360,000 of the funds available for the Foreign Language Assistance 
Program shall be available for 5-year grants to local educational 
agencies that would work in partnership with one or more institutions 
of higher education to establish or expand articulated programs of 
study in languages critical to United States national security that 
will enable successful students to advance from elementary school 
through college to achieve a superior level of proficiency in those 
languages.</DELETED>

                  <DELETED>Indian Education</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Innovation and Improvement</DELETED>

<DELETED>    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 
Education Act of 1965, $1,353,363,000 (reduced by $6,000,000): 
Provided, That $10,649,000 shall be provided to the National Board for 
Professional Teaching Standards to carry out section 2151(c) of the 
ESEA, 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 (reduced by $9,000,000) 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 Appropriations 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 agencies, including charter schools that are local 
educational agencies, or States, or partnerships of: (1) a local 
educational agency, a State, or both; and (2) at least 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 as 
classroom evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to take on 
additional responsibilities and leadership roles: Provided further, 
That up to 5 percent of such funds for competitive grants shall be 
available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities: Provided 
further, That from funds for subpart 1 of part D of title V of the 
ESEA, up to $10,000,000 shall be available 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 available 
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 Representatives 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 authorized 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 
Secretary may reserve up to $20,000,000 (increased by $10,000,000) to 
make multiple awards to charter management organizations and other 
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 authorized public 
chartering agencies through such activities as providing technical 
assistance or establishing a professional 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 accountable 
charter schools: Provided further, That each application submitted 
pursuant to section 5203(a) shall contain assurances that State law, 
regulations, or other policies require that: (1) each authorized 
charter school in the State operate under a legally binding charter or 
performance 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 
demonstrate improved student academic achievement; and (2) authorized 
public chartering agencies use increases in student academic 
achievement for all groups of students described in section 
1111(b)(2)(C)(v) of the ESEA as the most important factor when 
determining to renew or revoke a school's charter: Provided further, 
That $6,965,000 of the funds available to carry out subpart I of part D 
of title V of the ESEA shall be used for the Reach Out and Read 
program.</DELETED>

    <DELETED>State Fiscal Stabilization Fund, Recovery Act</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Safe Schools and Citizenship Education</DELETED>

<DELETED>    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 Secondary 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 provide education-
related services to local educational agencies 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 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 comprehensive program to improve public knowledge, 
understanding, and support of the Congress and the State 
legislatures.</DELETED>

            <DELETED>English Language Acquisition</DELETED>

<DELETED>    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 estimates of the American Community 
Survey child counts for the most recent 3-year period available to 
calculate allocations under such part.</DELETED>

                  <DELETED>Special Education</DELETED>

<DELETED>    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, 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: Provided, That $13,250,000 shall be for 
Recording for the Blind and Dyslexic, Inc., to support the development, 
production, and circulation of accessible educational materials: 
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.</DELETED>

   <DELETED>Rehabilitation Services and Disability Research</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
the Rehabilitation Act of 1973, the Assistive Technology 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 
Research'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.</DELETED>

 <DELETED>Special Institutions for Persons With Disabilities</DELETED>

        <DELETED>american printing house for the blind</DELETED>

<DELETED>    For carrying out the Act of March 3, 1879, 
$22,599,000.</DELETED>

      <DELETED>national technical institute for the deaf</DELETED>

<DELETED>    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 Institute may at its discretion use funds for the 
endowment program as authorized under section 207 of such 
Act.</DELETED>

                <DELETED>gallaudet university</DELETED>

<DELETED>    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 remain available until expended: Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such 
Act.</DELETED>

       <DELETED>Career, Technical, and Adult Education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
the Carl D. Perkins Career and Technical Education Act of 2006, the 
Adult Education and Family Literacy 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 distribute up to $45,907,000 to 
those States that, due to administrative 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 administrative error shall not be considered in 
determining the ``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 available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the AEFLA, 65 percent shall be allocated to States based 
on a State's absolute need as determined by calculating each State's 
share of a 10-year average of the United States Citizenship and 
Immigration Services data for immigrants admitted 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 Immigration 
Services data for immigrants admitted for legal permanent residence are 
available, except that no State shall be allocated an amount less than 
$60,000: Provided further, 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 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 available on July 1, 2010, and remain 
available through September 30, 2011, for grants to local educational 
agencies: Provided further, That funds made available to local 
educational agencies under this subpart shall be used only for 
activities related to establishing smaller learning communities 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 necessary costs of any closeout of the National Institute for 
Literacy.</DELETED>

            <DELETED>Student Financial Assistance</DELETED>

            <DELETED>(including deferral of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    The maximum Pell Grant for which a student shall be 
eligible during award year 2010-2011 shall be $4,860.</DELETED>
<DELETED>    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.</DELETED>

             <DELETED>Student Aid Administration</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>Higher Education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
titles II, III, IV, V, VI, and VII of the Higher Education 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 
(increased by $1,000,000): 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 further, That $609,000 shall be for data collection and 
evaluation activities for programs under the HEA, including such 
activities needed to comply with the Government Performance 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 participating in advanced foreign 
language training and international 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 government, 
the professions, or international development: Provided further, That 
of the funds referred to in the preceding proviso up to 1 percent may 
be used for program evaluation, national outreach, and information 
dissemination 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 effect prior to the date of 
enactment of the Higher Education Opportunity Act (``HEOA''), that 
would have otherwise 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 continuation award: Provided further, That the portion of 
the funds received under section 316 by a recipient described 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: Provided further, That the 
Secretary of Education shall identify these scholarships as ``Erma Byrd 
Scholarships'': Provided 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 requirements, 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 replace a student's expected family 
contribution, but institutions accepting such scholarship funds may not 
use these funds to supplant existing institutional aid: Provided 
further, That the Secretary shall be authorized to accept contributions 
for such scholarships from private sources: Provided further, That 
these funds shall be used for scholarships for academic year 2010-2011 
and may be available for scholarships in academic year 2011-2012: 
Provided further, That of the funds available under part B of title VII 
of the HEA, $1,000,000 shall be used to implement section 891 of the 
HEA: 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 Appropriations of the House of 
Representatives to accompany this Act.</DELETED>

                  <DELETED>Howard University</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>College Housing and Academic Facilities Loans 
                           Program</DELETED>

<DELETED>    For Federal administrative expenses to carry out 
activities related to existing facility loans pursuant to section 121 
of the Higher Education Act of 1965, $461,000.</DELETED>

 <DELETED>Historically Black College and University Capital Financing 
                       Program Account</DELETED>

<DELETED>    For the cost of guaranteed loans, $20,228,000, as 
authorized pursuant to part D of title III of the Higher Education Act 
of 1965 (``HEA''): Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 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.</DELETED>
<DELETED>    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, 
$354,000.</DELETED>

           <DELETED>Institute of Education Sciences</DELETED>

<DELETED>    For carrying out activities authorized by the Education 
Sciences Reform Act of 2002, the National Assessment of Educational 
Progress Authorization Act, section 208 of the Educational Technical 
Assistance Act of 2002, and section 664 of the Individuals with 
Disabilities Education 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 information 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 Assistance 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.</DELETED>

               <DELETED>Departmental Management</DELETED>

               <DELETED>program administration</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
the Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia 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.</DELETED>

               <DELETED>office for civil rights</DELETED>

<DELETED>    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $103,024,000.</DELETED>

           <DELETED>office of the inspector general</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>General Provisions</DELETED>

<DELETED>    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) in order to carry out a plan of racial desegregation of 
any school or school system.</DELETED>
<DELETED>    Sec. 302.  None of the funds contained in this Act shall 
be used to require, directly or indirectly, the transportation 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 includes 
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 clustering. The prohibition described in this 
section does not include the establishment of magnet schools.</DELETED>
<DELETED>    Sec. 303.  No funds appropriated in this Act may be used 
to prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 304.  Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the Department of Education in 
this Act may be transferred 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 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 Representatives and the 
Senate are notified at least 15 days in advance of any 
transfer.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 306.  None of the funds made available in the fifth 
proviso under the heading ``Innovation and Improvement'' 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 Appropriations of the House of Representatives and the 
Senate.</DELETED>
<DELETED>    Sec. 307.  Section 14007 of division A of the American 
Recovery and Reinvestment Act of 2009 is amended--</DELETED>
        <DELETED>    (1) by amending subsection (a)(3) to read as 
        follows:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) expand their work and serve as 
                models for best practices; and</DELETED>
                <DELETED>    ``(B) work in partnership with the private 
                sector and the philanthropic community.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (4) as paragraphs (1)(A), (1)(B), (2), and (3), 
                respectively;</DELETED>
                <DELETED>    (B) in paragraph (1)(A), as so 
                redesignated, by inserting ``or'' after the 
                semicolon;</DELETED>
                <DELETED>    (C) by amending paragraph (1)(B), as so 
                redesignated, to read as follows:</DELETED>
        <DELETED>    ``(B) have demonstrated success in significantly 
        increasing student academic achievement for all groups of 
        students described in such section;''; and</DELETED>
                <DELETED>    (D) in paragraph (3), as so redesignated, 
                by striking ``they have established partnerships'' and 
                inserting ``it has established one or more 
                partnerships'';</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``paragraphs'' 
        and all that follows through ``such requirements'' and 
        inserting ``paragraphs (1)(A) or (1)(B) and (2) of subsection 
        (b) if the nonprofit organization has a record of significantly 
        improving student achievement, attainment, or retention and 
        shall be considered to have met the requirements of subsection 
        (b)(3) if it demonstrates that it will meet the requirement 
        relating to private-sector matching''; and</DELETED>
        <DELETED>    (4) by adding at the end a new subsection (d) to 
        read as follows:</DELETED>
<DELETED>    ``(d) Subgrants.--In the case of an eligible entity that 
is a partnership described in subsection (a)(1)(B), the partner serving 
as the fiscal agent may make subgrants to one or more of the other 
entities in the partnership.''.</DELETED>
<DELETED>    This title may be cited as the ``Department of Education 
Appropriations Act, 2010''.</DELETED>

             <DELETED>TITLE IV--RELATED AGENCIES</DELETED>

 <DELETED>Committee for Purchase From People Who Are Blind or Severely 
                           Disabled</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Committee for Purchase From 
People Who Are Blind or Severely Disabled established by Public Law 92-
28, $5,396,000.</DELETED>

   <DELETED>Corporation for National and Community Service</DELETED>

                 <DELETED>operating expenses</DELETED>

<DELETED>    For necessary expenses for the Corporation for National 
and Community Service (``the Corporation'') to carry out the Domestic 
Volunteer Service Act of 1973 (``1973 Act'') and the National and 
Community Service Act of 1990 (``1990 Act''), $792,179,000, of which 
$318,832,000 shall be to carry out the 1973 Act and $473,347,000 shall 
be to carry out the 1990 Act and notwithstanding sections 198B(b)(3), 
198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That 
of the amounts provided under this heading: (1) up to 1 percent of 
program grant funds may be used to defray the costs of conducting grant 
application reviews, including the use of outside peer reviewers and 
electronic management of the grants cycle; (2) $35,000,000 shall be 
available for expenses authorized under section 501(a)(4)(E) of the 
1990 Act; (3) $7,500,000 shall be available for expenses to carry out 
sections 112(e), 179A, and 198O and subtitle J of title I of the 1990 
Act, notwithstanding section 501(a)(6) of the 1990 Act; (4) $5,000,000 
shall be available for grants to public or private nonprofit 
institutions to increase the participation of individuals with 
disabilities in national service and for demonstration activities in 
furtherance of this purpose, notwithstanding section 129(k)(1) of the 
1990 Act; and (5) $17,000,000 shall be available to provide assistance 
to State commissions on national and community service, under section 
126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 
1990 Act.</DELETED>

               <DELETED>national service trust</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses for the National Service Trust 
established under subtitle D of title I of the National and Community 
Service Act of 1990 (``1990 Act''), $178,214,000, to remain available 
until expended: Provided, That the Corporation for National and 
Community Service may transfer additional funds from the amount 
provided within ``Operating Expenses'' allocated to grants under 
subtitle C of title I of the 1990 Act to the National Service Trust 
upon determination that such transfer is necessary to support the 
activities of national service participants and after notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That amounts 
appropriated for or transferred to the National Service Trust may be 
invested under section 145(b) of the 1990 Act without regard to the 
requirement to apportion funds under 31 U.S.C. 1513(b).</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of administration as provided under 
section 501(a)(5) of the National and Community Service Act of 1990 and 
under section 504(a) of the Domestic Volunteer Service Act of 1973, 
including payment of salaries, authorized travel, hire of passenger 
motor vehicles, the rental of conference rooms in the District of 
Columbia, the employment of experts and consultants authorized under 5 
U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $80,923,000.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    For necessary expenses of the Office of Inspector General 
in carrying out the Inspector General Act of 1978, 
$7,700,000.</DELETED>

              <DELETED>administrative provisions</DELETED>

<DELETED>    Sec. 401.  The Corporation for National and Community 
Service (``the Corporation'') shall make any significant changes to 
program requirements, service delivery or policy only through public 
notice and comment rulemaking. For fiscal year 2010, during any grant 
selection process, an officer or employee of the Corporation shall not 
knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of the Corporation that is authorized by the 
Corporation to receive such information.</DELETED>
<DELETED>    Sec. 402.  AmeriCorps programs receiving grants under the 
National Service Trust program shall meet an overall minimum share 
requirement of 24 percent for the first three years that they receive 
AmeriCorps funding, and thereafter shall meet the overall minimum share 
requirement as provided in section 2521.60 of title 45, Code of Federal 
Regulations, without regard to the operating costs match requirement in 
section 121(e) or the member support Federal share limitations in 
section 140 of the National and Community Service Act of 1990, and 
subject to partial waiver consistent with section 2521.70 of title 45, 
Code of Federal Regulations.</DELETED>
<DELETED>    Sec. 403.  Donations made to the Corporation for National 
and Community Service under section 196 of the National and Community 
Service Act of 1990 (``1990 Act'') for the purposes of financing 
programs and operations under titles I and II of the 1973 Act or 
subtitle B, C, D, or E of title I of the 1990 Act shall be used to 
supplement and not supplant current programs and operations.</DELETED>

         <DELETED>Corporation for Public Broadcasting</DELETED>

<DELETED>    For payment to the Corporation for Public Broadcasting 
(``Corporation''), as authorized by the Communications Act of 1934, an 
amount which shall be available within limitations specified by that 
Act, for the fiscal year 2012, $440,000,000: Provided, That none of the 
funds made available to the Corporation by this Act shall be used to 
pay for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds made available to the Corporation by this Act shall be available 
or used to aid or support any program or activity from which any person 
is excluded, or is denied benefits, or is discriminated against, on the 
basis of race, color, national origin, religion, or sex: Provided 
further, That none of the funds made available to the Corporation by 
this Act shall be used to apply any political test or qualification in 
selecting, appointing, promoting, or taking any other personnel action 
with respect to officers, agents, and employees of the Corporation: 
Provided further, That none of the funds made available to the 
Corporation by this Act shall be used to support the Television Future 
Fund or any similar purpose. In addition, for payment to the 
Corporation for fiscal year 2010, $76,000,000 as follows:</DELETED>
        <DELETED>    (1) $40,000,000 shall be for fiscal stabilization 
        grants to public radio and television licensees, with no 
        deduction for administrative or other costs of the Corporation, 
        to maintain local programming and services and preserve jobs 
        threatened by declines in non-Federal revenues due to the 
        downturn in the economy, to be awarded no later than 45 days 
        after enactment of this Act.</DELETED>
        <DELETED>    (2) $36,000,000 shall be for costs related to 
        digital program production, development, and distribution, 
        associated with the transition of public broadcasting to 
        digital broadcasting, to be awarded as determined by the 
        Corporation in consultation with public radio and television 
        licensees or permittees, or their designated 
        representatives.</DELETED>
<DELETED>    In addition, for fiscal year 2010, $25,000,000 is 
available pursuant to section 396(k)(10) of the Communications Act of 
1934 for replacement and upgrade of the public radio interconnection 
system.</DELETED>

     <DELETED>Federal Mediation and Conciliation Service</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Federal Mediation and 
Conciliation Service (``Service'') to carry out the functions vested in 
it by the Labor Management Relations Act, 1947, including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978; and for expenses necessary for the 
Service to carry out the functions vested in it by the Civil Service 
Reform Act, $47,000,000, including $650,000 to remain available through 
September 30, 2011, for activities authorized by the Labor-Management 
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302, 
fees charged, up to full-cost recovery, for special training activities 
and other conflict resolution services and technical assistance, 
including those provided to foreign governments and international 
organizations, and for arbitration services shall be credited to and 
merged with this account, and shall remain available until expended: 
Provided further, That fees for arbitration services shall be available 
only for education, training, and professional development of the 
agency workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.</DELETED>

  <DELETED>Federal Mine Safety and Health Review Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Federal Mine Safety and 
Health Review Commission, $9,858,000.</DELETED>

      <DELETED>Institute of Museum and Library Services</DELETED>

      <DELETED>office of museum and library services: grants and 
                        administration</DELETED>

<DELETED>    For carrying out the Museum and Library Services Act of 
1996 and the National Museum of African American History and Culture 
Act, $275,688,000, of which $10,132,000 shall be used for the projects, 
and in the amounts, specified under the heading ``Office of Museum and 
Library Services: Grants and Administration'' in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act.</DELETED>

        <DELETED>Medicare Payment Advisory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary to carry out section 1805 of the 
Social Security Act, $11,800,000, to be transferred to this 
appropriation from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund.</DELETED>

           <DELETED>National Council on Disability</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the National Council on 
Disability as authorized by title IV of the Rehabilitation Act of 1973, 
$3,271,000.</DELETED>

           <DELETED>National Labor Relations Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the National Labor Relations 
Board to carry out the functions vested in it by the Labor-Management 
Relations Act, 1947, and other laws, $283,400,000: Provided, That no 
part of this appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in section 2(3) 
of the Act of July 5, 1935, and as amended by the Labor-Management 
Relations Act, 1947, and as defined in section 3(f) of the Act of June 
25, 1938, and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.</DELETED>

              <DELETED>National Mediation Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary to carry out the provisions of the 
Railway Labor Act, including emergency boards appointed by the 
President, $12,992,000.</DELETED>

  <DELETED>Occupational Safety and Health Review Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Occupational Safety and 
Health Review Commission, $11,712,000.</DELETED>

              <DELETED>Railroad Retirement Board</DELETED>

           <DELETED>dual benefits payments account</DELETED>

<DELETED>    For payment to the Dual Benefits Payments Account, 
authorized under section 15(d) of the Railroad Retirement Act of 1974, 
$64,000,000, which shall include amounts becoming available in fiscal 
year 2010 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in 
addition, an amount, not to exceed 2 percent of the amount provided 
herein, shall be available proportional to the amount by which the 
product of recipients and the average benefit received exceeds the 
amount available for payment of vested dual benefits: Provided, That 
the total amount provided herein shall be credited in 12 approximately 
equal amounts on the first day of each month in the fiscal 
year.</DELETED>

<DELETED>federal payments to the railroad retirement accounts</DELETED>

<DELETED>    For payment to the accounts established in the Treasury 
for the payment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $150,000, to remain available 
through September 30, 2011, which shall be the maximum amount available 
for payment pursuant to section 417 of Public Law 98-76.</DELETED>

            <DELETED>limitation on administration</DELETED>

<DELETED>    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $109,073,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.</DELETED>

    <DELETED>limitation on the office of inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General 
(``Office'') for audit, investigatory and review activities, as 
authorized by the Inspector General Act of 1978, not more than 
$8,186,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account: Provided, That none of the 
funds made available in any other paragraph of this Act may be 
transferred to the Office; used to carry out any such transfer; used to 
provide any office space, equipment, office supplies, communications 
facilities or services, maintenance services, or administrative 
services for the Office; used to pay any salary, benefit, or award for 
any personnel of the Office; used to pay any other operating expense of 
the Office; or used to reimburse the Office for any service provided, 
or expense incurred, by the Office, except as permitted pursuant to the 
last proviso under this heading in division G of the Consolidated 
Appropriations Act, 2008.</DELETED>

           <DELETED>Social Security Administration</DELETED>

       <DELETED>payments to social security trust funds</DELETED>

<DELETED>    For payment to the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund, as provided 
under sections 201(m), 228(g), and 1131(b)(2) of the Social Security 
Act, $20,404,000.</DELETED>

        <DELETED>supplemental security income program</DELETED>

<DELETED>    For carrying out titles XI and XVI of the Social Security 
Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, 
as amended, and section 405 of Public Law 95-216, including payment to 
the Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$34,742,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.</DELETED>
<DELETED>    For making, after June 15 of the current fiscal year, 
benefit payments to individuals under title XVI of the Social Security 
Act, for unanticipated costs incurred for the current fiscal year, such 
sums as may be necessary.</DELETED>
<DELETED>    For making benefit payments under title XVI of the Social 
Security Act for the first quarter of fiscal year 2011, 
$16,000,000,000, to remain available until expended.</DELETED>

        <DELETED>limitation on administrative expenses</DELETED>

<DELETED>    For necessary expenses, including the hire of two 
passenger motor vehicles, and not to exceed $40,000 for official 
reception and representation expenses, not more than $10,800,500,000 
may be expended, as authorized by section 201(g)(1) of the Social 
Security Act, from any one or all of the trust funds referred to 
therein: Provided, That not less than $2,300,000 shall be for the 
Social Security Advisory Board: Provided further, That unobligated 
balances of funds provided under this paragraph at the end of fiscal 
year 2010 not needed for fiscal year 2010 shall remain available until 
expended to invest in the Social Security Administration information 
technology and telecommunications hardware and software infrastructure, 
including related equipment and non-payroll administrative expenses 
associated solely with this information technology and 
telecommunications infrastructure: Provided further, That reimbursement 
to the trust funds under this heading for expenditures for official 
time for employees of the Social Security Administration pursuant to 5 
U.S.C. 7131, and for facilities or support services for labor 
organizations pursuant to policies, regulations, or procedures referred 
to in section 7135(b) of such title shall be made by the Secretary of 
the Treasury, with interest, from amounts in the general fund not 
otherwise appropriated, as soon as possible after such expenditures are 
made.</DELETED>
<DELETED>    From funds provided under the first paragraph, not less 
than $273,000,000 shall be available for the cost associated with 
conducting continuing disability reviews under titles II and XVI of the 
Social Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act.</DELETED>
<DELETED>    In addition to the amounts made available above, and 
subject to the same terms and conditions, $485,000,000, for additional 
continuing disability reviews and redeterminations of eligibility, of 
which, upon a determination by the Office of the Chief Actuary that 
such initiative would be at least as cost effective as redeterminations 
of eligibility, up to $34,000,000 shall be available for one or more 
initiatives to improve asset verification: Provided, That the 
Commissioner shall provide to the Congress (at the conclusion of the 
fiscal year) a report on the obligation and expenditure of these 
additional amounts, similar to the reports that were required by 
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
2002.</DELETED>
<DELETED>    In addition, $160,000,000 to be derived from 
administration fees in excess of $5.00 per supplementary payment 
collected pursuant to section 1616(d) of the Social Security Act or 
section 212(b)(3) of Public Law 93-66, which shall remain available 
until expended. To the extent that the amounts collected pursuant to 
such sections in fiscal year 2010 exceed $160,000,000, the amounts 
shall be available in fiscal year 2011 only to the extent provided in 
advance in appropriations Acts.</DELETED>
<DELETED>    In addition, up to $1,000,000 to be derived from fees 
collected pursuant to section 303(c) of the Social Security Protection 
Act, which shall remain available until expended.</DELETED>

             <DELETED>office of inspector general</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, 
$29,000,000, together with not to exceed $73,682,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.</DELETED>
<DELETED>    In addition, an amount not to exceed 3 percent of the 
total provided in this appropriation may be transferred from the 
``Limitation on Administrative Expenses'', Social Security 
Administration, to be merged with this account, to be available for the 
time and purposes for which this account is available: Provided, That 
notice of such transfers shall be transmitted promptly to the 
Committees on Appropriations of the House of Representatives and the 
Senate.</DELETED>

             <DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 501.  The Secretaries of Labor, Health and Human 
Services, and Education are authorized to transfer unexpended balances 
of prior appropriations to accounts corresponding to current 
appropriations provided in this Act. Such transferred balances shall be 
used for the same purpose, and for the same periods of time, for which 
they were originally appropriated.</DELETED>
<DELETED>    Sec. 502.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein.</DELETED>
<DELETED>    Sec. 503. (a) No part of any appropriation contained in 
this Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.</DELETED>
<DELETED>    (b) No part of any appropriation contained in this Act 
shall be used to pay the salary or expenses of any grant or contract 
recipient, or agent acting for such recipient, related to any activity 
designed to influence legislation or appropriations pending before the 
Congress or any State legislature.</DELETED>
<DELETED>    Sec. 504.  The Secretaries of Labor and Education are 
authorized to make available not to exceed $28,000 and $20,000, 
respectively, from funds available for salaries and expenses under 
titles I and III, respectively, for official reception and 
representation expenses; the Director of the Federal Mediation and 
Conciliation Service is authorized to make available for official 
reception and representation expenses not to exceed $5,000 from the 
funds available for ``Federal Mediation and Conciliation Service, 
Salaries and Expenses''; and the Chairman of the National Mediation 
Board is authorized to make available for official reception and 
representation expenses not to exceed $5,000 from funds available for 
``National Mediation Board, Salaries and Expenses''.</DELETED>
<DELETED>    Sec. 505.  When issuing statements, press releases, 
requests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part with Federal 
money, all grantees receiving Federal funds included in this Act, 
including but not limited to State and local governments and recipients 
of Federal research grants, shall clearly state--</DELETED>
        <DELETED>    (1) the percentage of the total costs of the 
        program or project which will be financed with Federal 
        money;</DELETED>
        <DELETED>    (2) the dollar amount of Federal funds for the 
        project or program; and</DELETED>
        <DELETED>    (3) percentage and dollar amount of the total 
        costs of the project or program that will be financed by non-
        governmental sources.</DELETED>
<DELETED>    Sec. 506. (a) None of the funds appropriated in this Act, 
and none of the funds in any trust fund to which funds are appropriated 
in this Act, shall be expended for any abortion.</DELETED>
<DELETED>    (b) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for health benefits coverage that includes 
coverage of abortion.</DELETED>
<DELETED>    (c) The term ``health benefits coverage'' means the 
package of services covered by a managed care provider or organization 
pursuant to a contract or other arrangement.</DELETED>
<DELETED>    Sec. 507. (a) The limitations established in the preceding 
section shall not apply to an abortion--</DELETED>
        <DELETED>    (1) if the pregnancy is the result of an act of 
        rape or incest; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).</DELETED>
<DELETED>    (c) Nothing in the preceding section shall be construed as 
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 a State's or locality's contribution of Medicaid matching 
funds).</DELETED>
<DELETED>    (d)(1) None of the funds made available in this Act may be 
made available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.</DELETED>
<DELETED>    (2) In this subsection, the term ``health care entity'' 
includes an individual physician or other health care professional, a 
hospital, a provider-sponsored organization, a health maintenance 
organization, a health insurance plan, or any other kind of health care 
facility, organization, or plan.</DELETED>
<DELETED>    Sec. 508. (a) None of the funds made available in this Act 
may be used for--</DELETED>
        <DELETED>    (1) the creation of a human embryo or embryos for 
        research purposes; or</DELETED>
        <DELETED>    (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 45 CFR 46.204(b) and section 498(b) of 
        the Public Health Service Act (42 U.S.C. 289g(b)).</DELETED>
<DELETED>    (b) For purposes of this section, the term ``human embryo 
or embryos'' includes any organism, not protected as a human subject 
under 45 CFR 46 as of the date of the enactment of this Act, that is 
derived by fertilization, parthenogenesis, cloning, or any other means 
from one or more human gametes or human diploid cells.</DELETED>
<DELETED>    Sec. 509. (a) None of the funds made available in this Act 
may be used for any activity that promotes the legalization of any drug 
or other substance included in schedule I of the schedules of 
controlled substances established under section 202 of the Controlled 
Substances Act except for normal and recognized executive-congressional 
communications.</DELETED>
<DELETED>    (b) The limitation in subsection (a) shall not apply when 
there is significant medical evidence of a therapeutic advantage to the 
use of such drug or other substance or that federally sponsored 
clinical trials are being conducted to determine therapeutic 
advantage.</DELETED>
<DELETED>    Sec. 510.  None of the funds made available in this Act 
may be used to promulgate or adopt any final standard under section 
1173(b) of 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.</DELETED>
<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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 entity.</DELETED>
<DELETED>    Sec. 512.  None of the funds made available in this Act 
may be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation 
Act.</DELETED>
<DELETED>    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 paragraph (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.</DELETED>
<DELETED>    Sec. 514.  None of the funds made available by this Act to 
carry out part D of title II of the Elementary and Secondary Education 
Act of 1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.</DELETED>
<DELETED>    Sec. 515. (a) None of the funds provided under this Act, 
or provided under previous appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure in 
fiscal year 2010, or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that--</DELETED>
        <DELETED>    (1) creates new programs;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds or personnel by any means for 
        any project or activity for which funds have been denied or 
        restricted;</DELETED>
        <DELETED>    (4) relocates an office or employees;</DELETED>
        <DELETED>    (5) reorganizes or renames offices;</DELETED>
        <DELETED>    (6) reorganizes programs or activities; 
        or</DELETED>
        <DELETED>    (7) contracts out or privatizes any functions or 
        activities presently performed by Federal employees;</DELETED>
<DELETED>unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in advance of such 
reprogramming or of an announcement of intent relating to such 
reprogramming, whichever occurs earlier.</DELETED>
<DELETED>    (b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 
2010, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds in excess of $500,000 or 10 percent, 
whichever is less, that--</DELETED>
        <DELETED>    (1) augments existing programs, projects 
        (including construction projects), or activities;</DELETED>
        <DELETED>    (2) reduces by 10 percent funding for any existing 
        program, project, or activity, or numbers of personnel by 10 
        percent as approved by Congress; or</DELETED>
        <DELETED>    (3) results from any general savings from a 
        reduction in personnel which would result in a change in 
        existing programs, activities, or projects as approved by 
        Congress;</DELETED>
<DELETED>unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in advance of such 
reprogramming or of an announcement of intent relating to such 
reprogramming, whichever occurs earlier.</DELETED>
<DELETED>    Sec. 516. (a) None of the funds made available in this Act 
may be used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.</DELETED>
<DELETED>    (b) None of the funds made available in this Act may be 
used to disseminate scientific information that is deliberately false 
or misleading.</DELETED>
<DELETED>    Sec. 517.  Within 45 days of enactment of this Act, each 
department and related agency funded through this Act shall submit an 
operating plan that details at the program, project, and activity level 
any funding allocations for fiscal year 2010 that are different than 
those specified in this Act, the accompanying detailed table in the 
committee report, or the fiscal year 2010 budget request.</DELETED>
<DELETED>    Sec. 518.  The Secretaries of Labor, Health and Human 
Services, and Education shall each prepare and submit to the Committees 
on Appropriations of the House of Representatives and the Senate a 
report on the number and amount of contracts, grants, and cooperative 
agreements exceeding $100,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2010, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.</DELETED>
<DELETED>    Sec. 519.  None of the funds appropriated or otherwise 
made available by this Act may be used to enter into a contract in an 
amount greater than $5,000,000 or to award a grant in excess of such 
amount unless the prospective contractor or grantee certifies in 
writing to the agency awarding the contract or grant that, to the best 
of its knowledge and belief, the contractor or grantee has filed all 
Federal tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
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 that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.</DELETED>
<DELETED>    Sec. 520.  None of the funds appropriated in this Act 
shall be expended or obligated by the Commissioner of Social Security, 
for purposes of administering Social Security benefit payments under 
title II of the Social Security Act, to process any claim for credit 
for a quarter of coverage based on work performed under a social 
security account number that is not the claimant's number and the 
performance of such work under such number has formed the basis for a 
conviction of the claimant of a violation of section 208(a)(6) or (7) 
of the Social Security Act.</DELETED>
<DELETED>    Sec. 521.  None of the funds appropriated by this Act may 
be used by the Commissioner of Social Security or the Social Security 
Administration to pay the compensation of employees of the Social 
Security Administration to administer Social Security benefit payments, 
under any agreement between the United States and Mexico establlishing 
totalization arrangements between the social security system 
established by title II of the Social Security Act and the social 
security system of Mexico, which would not otherwise be payble but for 
such agreement.</DELETED>
<DELETED>    Sec. 522.  None of the funds made available in this Act 
may be used in contravention of title IV of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et 
seq.).</DELETED>
<DELETED>    Sec. 523.  None of the funds contained in this Act may be 
used to distribute any needle or syringe for the hypodermic injection 
of any illegal drug in any location which is within 1,000 feet of a 
public or private day care center, elementary school, vocational 
school, secondary school, college, junior college, or university, or 
any public swimming pool, park, playground, video arcade, or youth 
center, or an event sponsored by any such entity.</DELETED>
<DELETED>    Sec. 524. (a) None of the funds provided in this Act under 
the heading ``National Institutes of Health--National Institute on Drug 
Abuse'' shall be available for grant number 1R21DA026324-01A1 
(Substance Use and HIV Risk among Thai Women).</DELETED>
<DELETED>    (b) None of the funds provided in this Act under the 
heading ``National Institutes of Health--National Institute on Alcohol 
Abuse and Alcoholism'' shall be available 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).</DELETED>
<DELETED>    Sec. 525.  None of the funds made available in this Act 
may be used to purchase light bulbs unless the light bulbs are ``Energy 
Star'' qualified or have the ``Federal Energy Management Program'' 
designation.</DELETED>
<DELETED>    Sec. 526.  None of the funds made available in this Act 
may be used for first-class travel by the employees of agencies funded 
by this Act in contravention of sections 301-10.124 of title 41, Code 
of Federal Regulations.</DELETED>
<DELETED>     This Act may be cited as the ``Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2010''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Denali Commission Act of 1998, the Second Chance Act of 
2007 and the Women in Apprenticeship and Non-Traditional Occupations 
Act of 1992, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA; $3,798,536,000, plus reimbursements, 
shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,969,449,000 as follows:
                    (A) $861,540,000 for adult employment and training 
                activities, of which $149,540,000 shall be available 
                for the period July 1, 2010, through June 30, 2011, and 
                of which $712,000,000 shall be available for the period 
                October 1, 2010 through June 30, 2011;
                    (B) $924,069,000 for youth activities, which shall 
                be available for the period April 1, 2010 through June 
                30, 2011; and
                    (C) $1,183,840,000 for dislocated worker employment 
                and training activities, of which $321,731,000 shall be 
                available for the period July 1, 2010 through June 30, 
                2011, and of which $862,109,000 shall be available for 
                the period October 1, 2010 through June 30, 2011:
        Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds 
        may be transferred by a local board if approved by the 
        Governor: Provided further, That a local board may award a 
        contract to an institution of higher education or other 
        eligible training provider if the local board determines that 
        it would facilitate the training of multiple individuals in 
        high-demand occupations, if such contract does not limit 
        customer choice;
            (2) for federally administered programs, $472,538,000 as 
        follows:
                    (A) $229,160,000 for the dislocated workers 
                assistance national reserve, of which $31,269,000 shall 
                be available for the period July 1, 2010 through June 
                30, 2011, and of which $197,891,000 shall be available 
                for the period October 1, 2010 through June 30, 2011: 
                Provided, That up to $30,000,000 may be made available 
                for a Career Pathways Innovation Fund from funds 
                reserved under section 132(a)(2)(A) of the WIA and 
                shall be used to carry out such Fund under section 171 
                of such Act, except that the requirements of sections 
                171(b)(2)(B) and 171(c)(4)(D) of the WIA shall not be 
                applicable to funds used for the Career Pathways 
                Innovation Fund: Provided further, That funds provided 
                to carry out section 132(a)(2)(A) of the WIA may be 
                used to provide assistance to a State for State-wide or 
                local use in order to address cases where there have 
                been worker dislocations across multiple sectors or 
                across multiple local areas and such workers remain 
                dislocated; coordinate the State workforce development 
                plan with emerging economic development needs; and 
                train such eligible dislocated workers: Provided 
                further, That funds provided to carry out section 
                171(d) of the WIA may be used for demonstration 
                projects that provide assistance to new entrants in the 
                workforce and incumbent workers;
                    (B) $52,758,000 for Native American programs, which 
                shall be available for the period July 1, 2010 through 
                June 30, 2011;
                    (C) $84,620,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $78,310,000 for formula grants (of which not less that 
                70 percent shall be for employment and training 
                services), $5,800,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $510,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2010 through June 30, 2011: 
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;
                    (D) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, 
                which shall be available for the period July 1, 2010 
                through June 30, 2011; and
                    (E) $105,000,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2010 through June 30, 
                2011: Provided, That for program year 2010 and each 
                program year thereafter, the YouthBuild program may 
                serve an individual who has dropped out of high school 
                and re-enrolled in an alternative school, if that re-
                enrollment is part of a sequential service strategy;
            (3) for national activities, $356,549,000, as follows:
                    (A) $79,071,000 for Pilots, Demonstrations, and 
                Research, which shall be available for the period April 
                1, 2010 through June 30, 2011, of which $24,949,000 
                shall be used for the projects, and in the amounts, 
                specified under the heading ``Training and Employment 
                Services'' in the committee report of the Senate 
                accompanying this Act: Provided, That funding provided 
                to carry out such projects shall not be subject to the 
                requirements of sections 171(b)(2)(B) an 1717(c)(4)(D) 
                of the WIA, the joint funding requirements of sections 
                171(b)(2)(C) an 171(c)(4)(B) of the WIA, and of which 
                not more than $40,000,000 shall be for Transitional 
                Jobs projects, which shall not be subject to the 
                requirements of section 171(b)(2)(B) or 171(c)(4)(D): 
                Provided further, That up to 10 percent of the amount 
                available for Transitional Jobs projects may be used 
                for evaluation of such projects or transferred to the 
                Department of Health and Human Services and/or the 
                Department of Justice for support of Transitional Jobs 
                projects;
                    (B) $40,000,000 for activities that prepare workers 
                for careers in energy efficiency and renewable energy 
                as described in section 171(e)(1)(B) of the WIA, under 
                the authority of section 171 of the WIA, which shall be 
                available for the period July 1, 2010 through June 30, 
                2011, and which shall not be subject to the 
                requirements of section 171(b)(2)(B) or 171(c)(4)(D);
                    (C) $115,000,000 for ex-offender activities, under 
                the authority of section 171 of the WIA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2010 through June 30, 
                2011, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D);
                    (D) $11,600,000 for Evaluation, which shall be 
                available for the period July 1, 2010 through June 30, 
                2011;
                    (E) $95,000,000 for Career Pathways Innovation 
                Fund, under the authority of section 171 of the WIA, 
                which shall be available for the period July 1, 2010 
                through June 30, 2011, and which shall not be subject 
                to the requirements of section 171(b)(2)(B) or 
                171(c)(4)(D);
                    (F) $12,500,000 for the Workforce Data Quality 
                Initiative, under the authority of 171(c)(2) of the 
                WIA, which shall be available for the period July 1, 
                2010 through June 30, 2011, and which shall not be 
                subject to the requirements of section 171(c)(4)(D); 
                and
                    (G) $3,378,000 for the Denali Commission, which 
                shall be available for the period beginning on July 1, 
                2010, and ending on June 30, 2011, to conduct job 
                training of the local workforce in locations in which 
                Denali Commission projects will be constructed.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, 
$575,425,000, which shall be available for the period July 1, 2010 
through June 30, 2011: Provided, That funds made available under this 
heading in this Act may, in accordance with section 517(c) of the Older 
Americans Act of 1965, be recaptured and reobligated.

              federal unemployment benefits and allowances

    For payments during fiscal year 2010 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, including benefit payments, allowances, training, and related 
State administration provided pursuant to paragraphs (1) and (2) of 
section 1891(b) of the Trade and Globalization Adjustment Assistance 
Act of 2009, $1,818,400,000, together with such amounts as may be 
necessary to be charged to the subsequent appropriation for payments 
for any period subsequent to September 15, 2010.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $86,403,000, together with 
not to exceed $3,977,403,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $3,195,645,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including $10,000,000 to conduct in-person reemployment and 
        eligibility assessments and unemployment insurance improper 
        payment reviews), the administration of unemployment insurance 
        for Federal employees and for ex-service members as authorized 
        under 5 U.S.C. 8501-8523, and the administration of trade 
        readjustment allowance reemployment trade adjustment 
        assistance, and alternative trade adjustment assistance under 
        the Trade Act of 1974 and under section 1891(b) of the Trade 
        and Globalization Adjustment Assistance Act of 2009 and shall 
        be available for obligation by the States through December 31, 
        2010, except that funds used for automation acquisitions shall 
        be available for obligation by the States through September 30, 
        2012, and funds used for unemployment insurance workloads 
        experienced by the States through September 30, 2010 shall be 
        available for Federal obligation through December 31, 2010;
            (2) $11,310,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $680,893,000 from the Trust Fund, together with 
        $22,683,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2010 through June 30, 2011;
            (4) $21,119,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $68,436,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $53,307,000 shall be available for the 
        Federal administration of such activities, and $15,129,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $63,720,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the Workforce Investment Act of 1998 and shall be 
        available for Federal obligation for the period July 1, 2010 
        through June 30, 2011:
Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2010 is projected by the 
Department of Labor to exceed 5,059,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act: Provided further, That the Secretary of Labor 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 453(j)(8) of such 
Act: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which 
are used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants, or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the Office of Management 
and Budget Circular A-87: Provided further, That the Secretary, at the 
request of a State participating in a consortium with other States, may 
reallot funds allotted to such State under title III of the Social 
Security Act to other States participating in the consortium in order 
to carry out activities that benefit the administration of the 
unemployment compensation law of the State making the request.
    In addition, $50,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the 
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of 
the Internal Revenue Code of 1986; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal Unemployment Benefits and Allowances'' account, such sums as 
may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$98,766,000, together with not to exceed $50,140,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $155,662,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by 31 U.S.C. 9104 as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2010, for the Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2010 shall be 
available for obligations for administrative expenses in excess of 
$464,067,000: Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2010, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2011 for obligation 
for administrative expenses for every 20,000 additional terminated 
participants: Provided further, That an additional $50,000 shall be 
made available through September 30, 2011 for obligation for investment 
management fees for every $25,000,000 in assets received by the 
Corporation as a result of new plan terminations or asset growth, after 
approval by the Office of Management and Budget and notification of the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided further, That obligations in excess of the amounts 
provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses after approval by the Office of 
Management and Budget and notification of the Committees on 
Appropriations of the House of Representatives and the Senate.

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $496,832,000, together with 
$2,124,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C 3302, collect 
and deposit in the Treasury fees for processing applications and 
issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938 and for processing applications and issuing 
registrations under title I of the Migrant and Seasonal Agricultural 
Worker Protection Act.
    Of the unobligated funds collected pursuant to section 286(v) of 
the Immigration and Nationality Act, $65,000,000 are rescinded as of 
September 1, 2010.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948; and 50 percent of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $187,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an 
employer, who is not the employer at the time of injury, for portions 
of the salary of a reemployed, disabled beneficiary: Provided further, 
That balances of reimbursements unobligated on September 30, 2009, 
shall remain available until expended for the payment of compensation, 
benefits, and expenses: Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 
8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2010: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $58,120,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $19,968,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $23,323,000;
            (3) For periodic roll management and medical review, 
        $14,829,000; and
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the 
Longshore and Harbor Workers' Compensation Act, provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $169,180,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2011, $45,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $51,197,000, to remain 
available until expended: Provided, That the Secretary of Labor may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

    In fiscal year 2010, such sums as may be necessary from the Black 
Lung Disability Trust Fund (``Fund''), to remain available until 
expended, for payment of all benefits authorized by section 9501(d)(1), 
(2), (4), and (7) of the Internal Revenue Code of 1986; and interest on 
advances, as authorized by section 9501(c)(2) of that Act. In addition, 
the following amounts may be expended from the Fund for fiscal year 
2010 for expenses of operation and administration of the Black Lung 
Benefits program, as authorized by section 9501(d)(5): not to exceed 
$32,720,000 for transfer to the Employment Standards Administration 
``Salaries and Expenses''; not to exceed $25,091,000 for transfer to 
Departmental Management, ``Salaries and Expenses''; not to exceed 
$327,000 for transfer to Departmental Management, ``Office of Inspector 
General''; and not to exceed $356,000 for payments into miscellaneous 
receipts for the expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $561,620,000, including not to exceed $105,393,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants may be up to 55 percent of the costs of State occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary of Labor under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $200,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education: Provided, That, notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2010, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace: 
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $11,000,000 shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $357,143,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities, and $1,450,000 to 
continue the project with the United Mine Workers of America, for 
classroom and simulated rescue training for mine rescue teams; in 
addition, not to exceed $750,000 may be collected by the National Mine 
Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training activities, 
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and 
Health Administration may retain up to $1,000,000 from fees collected 
for the approval and certification of equipment, materials, and 
explosives for use in mines, and may utilize such sums for such 
activities; the Secretary of Labor is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration 
is authorized to promote health and safety education and training in 
the mining community through cooperative programs with States, 
industry, and safety associations; the Secretary is authorized to 
recognize the Joseph A. Holmes Safety Association as a principal safety 
association and, notwithstanding any other provision of law, may 
provide funds and, with or without reimbursement, personnel, including 
service of Mine Safety and Health Administration officials as officers 
in local chapters or in the national organization; and any funds 
available to the Department of Labor may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $533,007,000, 
together with not to exceed $78,264,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $39,031,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, 
through contracts, grants or other arrangements of Departmental 
activities conducted by or through the Bureau of International Labor 
Affairs, including bilateral and multilateral technical assistance, 
microcredit programs and other international labor activities, 
$356,827,000, of which $93,919,000 is for the Bureau of International 
Labor Affairs, including $40,000,000 for the United States' 
contribution to the International Labour Organization's International 
Program on the Elimination of Child Labor, and of which $21,392,000 is 
for the acquisition of Departmental information technology, 
architecture, infrastructure, equipment, software and related needs, 
which will be allocated by the Department's Chief Information Officer 
in accordance with the Department's capital investment management 
process to assure a sound investment strategy, and of which $5,000,000 
is for program evaluation, which may be transferred to any other 
appropriate account in the Department for such purpose; together with 
not to exceed $327,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund.

                          office of job corps

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,711,089,000, plus reimbursements, as follows:
            (1) $1,571,899,000 for Job Corps Operations, of which 
        $980,899,000 shall be available for obligation for the period 
        July 1, 2010 through June 30, 2011, and of which $591,000,000 
        shall be available for obligation for the period October 1, 
        2010 through June 30, 2011;
            (2) $110,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, of which $10,000,000 shall be 
        available for the period July 1, 2010 through June 30, 2013 and 
        $100,000,000 shall be available for the period October 1, 2010 
        through June 30, 2013; and
            (3) $29,190,000 for necessary expenses of the Office of Job 
        Corps shall be available for obligation for the period October 
        1, 2009 through September 30, 2010:
Provided, That the Office of Job Corps shall have contracting 
authority: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers.

                    veterans employment and training

    Not to exceed $210,156,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2010, of which $2,449,000 is for the 
National Veterans' Employment and Training Services Institute.
    In addition, to carry out Department of Labor programs under 
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act 
of 2001 and the Veterans Workforce Investment Programs under section 
168 of the Workforce Investment Act, $44,971,000, of which $9,641,000 
shall be available for obligation for the period July 1, 2010 through 
June 30, 2011.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$78,093,000, together with not to exceed $5,921,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101.  None of the funds appropriated in this Act for the Job 
Corps shall be used to pay the salary of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level I.

                          (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet 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 Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 103.  In accordance with Executive Order No. 13126, none of 
the funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104.  None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training: Provided, That the preceding 
limitation shall not apply to multi-year grants awarded prior to June 
30, 2007.
    Sec. 105.  None of the funds available in this Act or available to 
the Secretary of Labor from other sources for grants under the Career 
Pathways Innovation Fund and grants authorized under section 414(c) of 
the American Competitiveness and Workforce Improvement Act of 1998 
shall be obligated for a grant awarded on a non-competitive basis.
    Sec. 106.  The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of the Workforce Investment Act 
of 1998, or to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in subtitle B 
of title I of that Act (including applying the standards specified in 
section 116(a)(3)(B) of that Act, but notwithstanding the time limits 
specified in section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary to withdraw approval for 
such redesignation from a State that received the approval not later 
than October 12, 2005, or to revise action taken or modify the 
redesignation procedure being used by the Secretary in order to 
complete such redesignation for a State that initiated the process of 
such redesignation by submitting any request for such redesignation not 
later than October 26, 2005.
    Sec. 107.  None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved including Employment and Training Administration 
programs.

                     (including transfer of funds)

    Sec. 108.  The Secretary of Labor shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a plan 
for the transfer of the administration of the Job Corps program 
authorized under title I-C of the Workforce Investment Act of 1998 from 
the Office of the Secretary to the Employment and Training 
Administration. As of the date that is 15 days after the date of 
submission of such plan, the Secretary may transfer the administration 
and appropriated funds of the program from the Office of the Secretary 
and the provisions of section 102 of Public Law 109-149 shall no longer 
be applicable.
     This title may be cited as the ``Department of Labor 
Appropriations Act, 2010''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 
and XXVI of the Public Health Service Act (``PHS Act''), section 427(a) 
of the Federal Coal Mine Health and Safety Act, title V and sections 
711, 1128E, and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, the Native Hawaiian Health Care Act of 
1988, the Cardiac Arrest Survival Act of 2000, section 712 of the 
American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and 
Research Act of 2005, $7,238,799,000, of which $39,200,000 from general 
revenues, notwithstanding section 1820(j) of the Social Security Act, 
shall be available for carrying out the Medicare rural hospital 
flexibility grants program under such section: Provided, That of the 
funds made available under this heading, $2,000,000 shall be to carry 
out section 1820(g)(6) of the Social Security Act: Provided further, 
That amounts provided for such grants shall be available for the 
purchase and implementation of telehealth services, including pilots 
and demonstrations on the use of electronic health record to coordinate 
rural veterans care between rural providers and the Department of 
Veterans Affairs through the use of the VISTA-Electronic Health Record: 
Provided further, That of the funds made available under this heading, 
$129,000 shall be available until expended for facilities renovations 
at the Gillis W. Long Hansen's Disease Center: Provided further, That 
in addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That no more than $40,000 is available until expended for 
carrying out the provisions of section 224(o) of the PHS Act including 
associated administrative expenses and relevant evaluations: Provided 
further, That no more than $44,055,000 is available until expended for 
carrying out the provisions of Public Law 104-73 and for expenses 
incurred by the Department of Health and Human Services pertaining to 
administrative claims made under such law: Provided further, That of 
the funds made available under this heading, $317,491,000 shall be for 
the program under title X of the PHS Act to provide for voluntary 
family planning projects: Provided further, That amounts provided to 
said projects under such title shall not be expended for abortions, 
that all pregnancy counseling shall be nondirective, and that such 
amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That of the funds 
available under this heading, $1,916,873,000 shall remain available to 
the Secretary of Health and Human Services through September 30, 2012, 
for parts A and B of title XXVI of the PHS Act: Provided further, That 
$835,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the PHS Act: Provided further, That in 
addition to amounts provided herein, $25,000,000 shall be available 
from amounts available under section 241 of the PHS Act to carry out 
parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691 
Special Projects of National Significance: Provided further, That 
notwithstanding section 703 of Public Law 109-415, title XXVI of the 
PHS Act shall continue in effect until October 1, 2010, unless prior to 
that date, authorization is enacted into law otherwise extending this 
authority: Provided further, That notwithstanding section 502(a)(1) and 
502(b)(1) of the Social Security Act, not to exceed $92,551,000 is 
available for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act and $10,400,000 
is available for projects described in paragraphs (A) through (F) of 
section 501(a)(3) of such Act: Provided further, That notwithstanding 
section 747(e)(2) of the PHS Act, not less than $29,025,000 shall be 
for family medicine programs, not less than $7,575,000 shall be for 
general dentistry programs, and not less than $7,575,000 shall be for 
pediatric dentistry programs including faculty loan repayments for 
service as a full-time faculty member in dentistry: Provided further, 
That dentistry faculty loan repayments shall be made using the same 
terms and conditions as the Nursing Faculty Loan Repayment program 
authorized under section 738 of the PHS Act: Provided further, That of 
the funds provided, $10,000,000 shall be provided to the Denali 
Commission as a direct lump payment pursuant to Public Law 106-113: 
Provided further, That of the funds provided, $40,000,000 shall be 
provided for the Delta Health Initiative as authorized in section 219 
of division G of Public Law 110-161 and associated administrative 
expenses: Provided further, That funds provided under section 846 and 
subpart 3 of part D of title III of the PHS Act may be used to make 
prior year adjustments to awards made under these sections: Provided 
further, That of the amount appropriated in this paragraph, 
$157,092,000 shall be used for the projects financing the construction 
and renovation (including equipment) of health care and other 
facilities and for other health-related activities, and in the amounts, 
specified under the heading ``Health Resources and Services'' in the 
committee report of the Senate accompanying this Act, and of which up 
to one percent of the amount for each project may be used for related 
agency administrative expenses: Provided further, That notwithstanding 
section 338J(k) of the PHS Act, $10,450,000 is available for State 
Offices of Rural Health: Provided further, That of the funds provided, 
$15,000,000 is available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology: Provided further, That $75,000,000 is for the State Health 
Access Grants program to expand access to affordable health care 
coverage for the uninsured populations in such States.

           health education assistance loans program account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act 
(``PHS Act''). For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the PHS Act, $2,847,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the Public Health Service Act, to remain available 
until expended: Provided, That for necessary administrative expenses, 
not to exceed $6,502,000 shall be available from the Trust Fund to the 
Secretary of Health and Human Services.

                  covered countermeasure process fund

    For carrying out section 319F-4 of the Public Health Service Act, 
$5,000,000, to remain available until expended: Provided, That amounts 
appropriated to this account shall also be available for related 
administrative expenses and costs under the Smallpox Emergency Personal 
Protection Act of 2003.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103, 
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health 
Act of 1977, section 13 of the Mine Improvement and New Emergency 
Response Act of 2006, sections 20, 21, and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education Assistance Act of 
1980, and for expenses necessary to support activities related to 
countering potential biological, nuclear, radiological, and chemical 
threats to civilian populations; including purchase and insurance of 
official motor vehicles in foreign countries; and purchase, hire, 
maintenance, and operation of aircraft, $6,733,377,000, of which 
$108,300,000 shall remain available until expended for acquisition of 
real property, equipment, construction and renovation of facilities; of 
which $595,749,000 shall remain available until expended for the 
Strategic National Stockpile under section 319F-2 of the PHS Act; of 
which $9,115,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Disease Control, Research, and Training'' 
in the committee report of the Senate accompanying this Act; of which 
$118,979,000 for international HIV/AIDS shall remain available through 
September 30, 2011; and of which $70,723,000 shall be available until 
expended to provide screening and treatment for first response 
emergency services personnel, residents, students, and others related 
to the September 11, 2001 terrorist attacks on the World Trade Center: 
Provided, That in addition, such sums as may be derived from authorized 
user fees, which shall be credited to this account: Provided further, 
That with respect to the previous proviso, authorized user fees from 
the Vessel Sanitation Program shall be available until September 30, 
2011: Provided further, That in addition to amounts provided herein, 
the following amounts shall be available from amounts available under 
section 241 of the PHS Act: (1) $8,905,000 to carry out the National 
Immunization Surveys; and (2) $31,170,000 to carry out Public Health 
Research: Provided further, That none of the funds made available for 
injury prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That of the funds made available under this 
heading, up to $1,000 per eligible employee of the Centers for Disease 
Control and Prevention shall be made available until expended for 
Individual Learning Accounts: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are to be 
notified promptly of any such redirection: Provided further, That not 
to exceed $21,000,000 may be available for making grants under section 
1509 of the PHS Act to not less than 21 States, tribes, or tribal 
organizations: Provided further, That notwithstanding any other 
provision of law, the Centers for Disease Control and Prevention shall 
award a single contract or related contracts for development and 
construction of the next building or facility designated in the 
Buildings and Facilities Master Plan that collectively include the full 
scope of the project: Provided further, That the solicitation and 
contract shall contain the clause ``availability of funds'' found at 48 
CFR 52.232-18: Provided further, That of the funds appropriated, 
$10,000 shall be for official reception and representation expenses 
when specifically approved by the Director of the Centers for Disease 
Control and Prevention: Provided further, That employees of the Centers 
for Disease Control and Prevention or the Public Health Service, both 
civilian and Commissioned Officers, detailed to States, municipalities, 
or other organizations under authority of section 214 of the PHS Act, 
or in overseas assignments, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within any 
personnel ceiling applicable to the Agency, Service, or the Department 
of Health and Human Services during the period of detail or assignment: 
Provided further, That out of funds made available under this heading 
for domestic HIV/AIDS testing, up to $15,000,000 shall be for States 
newly eligible in fiscal year 2010 under section 2625 of the PHS Act as 
of December 31, 2009 and shall be distributed by May 31, 2010 based on 
standard criteria relating to a State's epidemiological profile, and of 
which not more than $1,000,000 may be made available to any one State, 
and amounts that have not been obligated by May 31, 2010 shall be made 
available to States and local public health departments for HIV testing 
activities.
    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, 
to remain available until expended, of which $4,500,000 shall be for 
use by or in support of the Advisory Board on Radiation and Worker 
Health (``the Board'') to carry out its statutory responsibilities, 
including obtaining audits, technical assistance, and other support 
from the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports: 
Provided, That this amount shall be available consistent with the 
provision regarding administrative expenses in section 151(b) of 
division B, title I of Public Law 106-554.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $5,054,099,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
National Cancer Institute-Frederick Federally Funded Research and 
Development Center in Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $3,066,827,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $409,241,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,790,518,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,620,494,000.

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,777,457,000: Provided, That $300,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $2,031,886,000.

  eunice kennedy shriver national institute of child health and human 
                              development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,316,822,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$700,158,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to environmental health sciences, 
$683,149,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,099,409,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $533,831,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$414,755,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $144,262,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $457,887,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,050,091,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,475,190,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $511,007,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $313,496,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,256,926,000.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$127,591,000.

       national center on minority health and health disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $209,508,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the Public Health Service Act), $69,409,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act (``PHS Act'') with respect to health information 
communications, $336,417,000, of which $4,000,000 shall be available 
until expended for improvement of information systems: Provided, That 
in fiscal year 2010, the National Library of Medicine may enter into 
personal services contracts for the provision of services in facilities 
owned, operated, or constructed under the jurisdiction of the National 
Institutes of Health: Provided further, That in addition to amounts 
provided herein, $8,200,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the purposes of the 
National Information Center on Health Services Research and Health Care 
Technology established under section 478A of the PHS Act and related 
health services.

                         office of the director

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health (``NIH''), $1,182,777,000, of 
which up to $25,000,000 shall be used to carry out section 214 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund: Provided further, That all funds credited to such Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That $549,066,000 shall be 
available for the Common Fund established under section 402A(c)(1) of 
the Public Health Service Act (``PHS Act''): Provided further, That of 
the funds provided $10,000 shall be for official reception and 
representation expenses when specifically approved by the Director of 
the NIH: Provided further, That the Office of AIDS Research within the 
Office of the Director of the NIH may spend up to $8,000,000 to make 
grants for construction or renovation of facilities as provided for in 
section 2354(a)(5)(B) of the PHS Act.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $125,581,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles III, V, and XIX of the Public Health 
Service Act (``PHS Act'') with respect to substance abuse and mental 
health services and the Protection and Advocacy for Individuals with 
Mental Illness Act, $3,429,782,000, of which $4,900,000 shall be used 
for the projects, and in the amounts, specified under the heading 
``Substance Abuse and Mental Health Services'' in the committee report 
of the Senate accompanying this Act: Provided, That notwithstanding 
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying 
out section 520A are available for carrying out section 1971 of the PHS 
Act: Provided further, That $795,000 shall be available until expended 
for reimbursing the General Services Administration for environmental 
testing and remediation on the federally owned facilities at St. 
Elizabeths Hospital, including but not limited to testing and 
remediation conducted prior to fiscal year 2010: Provided further, That 
in addition to amounts provided herein, the following amounts shall be 
available under section 241 of the PHS Act: (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act to fund section 
1935(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1935(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart II of part B of title XIX; (2) 
$21,039,000 to carry out subpart I of part B of title XIX of the PHS 
Act to fund section 1920(b) technical assistance, national data, data 
collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart I of part B of 
title XIX; (3) $22,750,000 to carry out national surveys on drug abuse 
and mental health; and (4) $8,596,000 to collect and analyze data and 
evaluate substance abuse treatment programs: Provided further, That 
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated 
under this Act for fiscal year 2010.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service Act 
(``PHS Act''), part A of title XI of the Social Security Act, and 
section 1013 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003, amounts received from Freedom of Information 
Act fees, reimbursable and interagency agreements, and the sale of data 
shall be credited to this appropriation and shall remain available 
until expended: Provided, That the amount made available pursuant to 
section 937(c) of the PHS Act shall not exceed $372,053,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $220,962,473,000, to remain available until 
expended.
    For making, after May 31, 2010, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2010 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2011, $86,789,382,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$207,231,070,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under section 1860D-16 of the Social Security Act, not 
anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act (``PHS Act''), and the Clinical Laboratory 
Improvement Amendments of 1988, not to exceed $3,431,500,000, to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as authorized by 
section 201(g) of the Social Security Act; together with all funds 
collected in accordance with section 353 of the PHS Act and section 
1857(e)(2) of the Social Security Act, funds retained by the Secretary 
of Health and Human Services pursuant to section 302 of the Tax Relief 
and Health Care Act of 2006; and such sums as may be collected from 
authorized user fees and the sale of data, which shall be credited to 
this account and remain available until expended: Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the PHS Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $35,681,000, to remain available through September 30, 
2011, shall be for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That $65,600,000, to remain 
available through September 30, 2011, shall be for the Centers for 
Medicare and Medicaid Services (``CMS'') Medicare contracting reform 
activities: Provided further, That $81,600,000 shall remain available 
through September 30, 2011 for purposes of carrying out provisions of 
the Medicare Improvements for Patients and Providers Act of 2008: 
Provided further, That funds appropriated under this heading shall be 
available for the Healthy Start, Grow Smart program under which the CMS 
may, directly or through grants, contracts, or cooperative agreements, 
produce and distribute informational materials including, but not 
limited to, pamphlets and brochures on infant and toddler health care 
to expectant parents enrolled in the Medicaid program and to parents 
and guardians enrolled in such program with infants and children: 
Provided further, That the Secretary is directed to collect fees in 
fiscal year 2010 from Medicare Advantage organizations pursuant to 
section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of that 
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, 
That $2,000,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Program Management'' in the committee 
report of the Senate accompanying this Act.

              Health Care Fraud and Abuse Control Account

    In addition to amounts otherwise available for program integrity 
and program management, $311,000,000, to remain available through 
September 30, 2011, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act, 
of which $220,320,000 shall be for the Medicare Integrity Program at 
the Centers for Medicare and Medicaid Services, including 
administrative costs, to conduct oversight activities for Medicare 
Advantage and the Medicare Prescription Drug Program authorized in 
title XVIII of the Social Security Act and for activities listed in 
section 1893 of such Act; of which $29,790,000 shall be for the 
Department of Health and Human Services Office of Inspector General to 
carry out fraud and abuse activities authorized by section 1817(k)(3) 
of such Act; of which $31,100,000 shall be for the Medicaid and 
Children's Health Insurance Program (``CHIP'') program integrity 
activities; and of which $29,790,000 shall be for the Department of 
Justice to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act: Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2010 shall 
include measures of the operational efficiency and impact on fraud, 
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the 
funds provided by this appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960, $3,571,509,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2011, $1,100,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.

                   low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 
of the Low Income Home Energy Assistance Act of 1981, $4,509,672,000, 
of which all but $839,792,000 shall be allocated as though the total 
appropriation for such payments was less than $1,975,000,000; and, in 
addition $590,328,000 is for payments under subsection (e) of such 
section, to be made notwithstanding the designation requirements of 
subsection (e).

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and the Trafficking Victims Protection Act 
of 2000, for costs associated with the care and placement of 
unaccompanied alien children, and for carrying out the Torture Victims 
Relief Act of 1998, $730,657,000, of which up to $9,814,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000: 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000, for fiscal year 
2010 shall be available for the costs of assistance provided and other 
activities to remain available through September 30, 2012.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,127,081,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income 
families: Provided, That $18,960,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll-free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $271,401,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $99,534,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $9,910,000 shall be for 
use by the Secretary of Health and Human Services for child care 
research, demonstration, and evaluation activities.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX of such Act shall be 10 percent.

                children and families services programs

                     (including transfer of funds)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978 (adoption opportunities), sections 330F and 330G of the Public 
Health Service Act (``PHS Act''), the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, 
part B-1 of title IV and sections 413, 1110, and 1115 of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act (``CSBG Act''), sections 439(i), 473B, and 477(i) of the 
Social Security Act, and the Assets for Independence Act; and for 
necessary administrative expenses to carry out such Acts and titles I, 
IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of 
July 5, 1960, the Low Income Home Energy Assistance Act of 1981, title 
IV of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, and section 505 of the Family Support 
Act of 1988, $9,310,465,000, of which $39,500,000, to remain available 
through September 30, 2011, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2010: Provided, That $7,234,783,000 shall be for making payments 
under the Head Start Act: Provided further, That of funds appropriated 
in the American Recovery and Reinvestment Act of 2009 for Head Start 
and Early Head Start, only the amount provided to a Head Start grantee 
under section 640(a)(3)(A)(i)(I) of the Head Start Act as a cost of 
living adjustment may be considered to be part of the fiscal year 2009 
base grant for such grantee for purposes of section 640(a)(2)(B)(i) 
through (v) of the Head Start Act: Provided further, That $746,000,000 
shall be for making payments under the CSBG Act: Provided further, That 
not less than $10,000,000 shall be for section 680(3)(B) of the CSBG 
Act: Provided further, That in addition to amounts provided herein, 
$5,762,000 shall be available from amounts available under section 241 
of the PHS Act to carry out the provisions of section 1110 of the 
Social Security Act: Provided further, That to the extent Community 
Services Block Grant funds are distributed as grant funds by a State to 
an eligible entity as provided under the CSBG Act, and have not been 
expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations: Provided further, That $17,410,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$12,154,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $5,256,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $2,000,000 shall be for a human 
services case management system for federally declared disasters, to 
include a comprehensive national case management contract and Federal 
costs of administering the system: Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness: Provided further, 
That of the funds appropriated under this heading, $1,000,000 shall be 
transferred to the National Commission on Children and Disasters to 
carry out title VI of division G of Public Law 110-161: Provided 
further, That $5,600,000 shall be used for the projects, and in the 
amounts, specified under the heading ``Children and Families Services 
Programs'' in the committee report of the Senate accompanying this Act.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,311,000.

                payments for foster care and permanency

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,532,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2011, $1,850,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E of 
the Social Security Act, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, section 398 and title XXIX of the Public Health 
Service Act, and section 119 of the Medicare Improvements for Patients 
and Providers Act of 2008, $1,495,038,000, of which $5,500,000 shall be 
available for activities regarding medication management, screening, 
and education to prevent incorrect medication and adverse drug 
reactions: Provided, That $1,195,000 shall be used for the projects, 
and in the amounts, specified under the heading ``Aging Services 
Programs'' in the committee report of the Senate accompanying this Act.

                        Office of the Secretary

                    general departmental management

                     (including transfer of funds)

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act 
(``PHS Act''), the United States-Mexico Border Health Commission Act, 
and research studies under section 1110 of the Social Security Act, 
$477,928,000, together with $5,851,000 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, and $64,211,000 from the amounts 
available under section 241 of the PHS Act to carry out national health 
or human services research and evaluation activities: Provided, That of 
this amount, $51,891,000 shall be for minority AIDS prevention and 
treatment activities; $5,789,000 shall be to assist Afghanistan in the 
development of maternal and child health clinics, consistent with 
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002; 
and $1,000,000 shall be transferred, not later than 30 days after 
enactment of this Act, to the National Institute of Mental Health to 
administer the Interagency Autism Coordinating Committee: Provided 
further, That all of the funds made available under this heading for 
carrying out title XX of the PHS Act shall be for activities specified 
under section 2003(b)(1) of such title XX: Provided further, That of 
the funds made available under this heading, $100,000,000 shall be for 
making contracts and competitive grants to public and private entities 
to fund medically accurate and age appropriate programs that reduce 
teen pregnancy and for the Federal costs associated with administering 
and evaluating such contracts and grants, of which not less than 
$75,000,000 shall be for replicating programs that have been proven 
through rigorous evaluation to delay sexual activity, increase 
contraceptive use (without increasing sexual activity), reduce the 
transmission of sexually transmitted infections or reduce teenage 
pregnancy; and of which not less than $25,000,000 shall be available 
for research and demonstration grants to develop, replicate, refine and 
test additional models and innovative strategies for preventing teen 
pregnancy or sexually transmitted infections: Provided further, That of 
the amounts provided under this heading from amounts available under 
section 241 of the PHS Act, $4,455,000 shall be available to carry out 
evaluations (including longitudinal evaluations) of teen pregnancy 
prevention approaches: Provided further, That funds provided in this 
Act for embryo adoption activities may be used to provide, to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4): Provided further, That $950,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``General Departmental Management'' in the committee report of 
the Senate accompanying this Act: Provided further, That not more than 
$3,200,000 and 26 full time equivalents shall be available for the 
Office of the Assistant Secretary for Legislation.

                office of medicare hearings and appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $71,147,000, to be 
transferred in appropriate part 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 development and advancement of 
interoperable health information technology, $42,331,000: Provided, 
That in addition to amounts provided herein, $19,011,000 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 Inspector General Act of 1978, 
$50,279,000: Provided, That of such amount, necessary sums shall be 
available for providing 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.

                        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 medical 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''), 
$628,402,000; of which $43,412,000 shall be to support operations, 
preparedness and emergency operations, of which $5,000,000 shall remain 
available 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 countermeasures: 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 the 
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 
Countermeasures'' in the Department of Homeland Security Appropriations 
Act, 2004, to remain available through September 30, 2011.
    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 remain 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 to prepare for and respond to an influenza 
pandemic, $354,167,000, of which $276,000,000 shall be available until 
expended, for activities including the development and purchase of 
vaccine, antivirals, necessary medical supplies, diagnostics, and other 
surveillance tools: Provided, That products purchased with these funds 
may, at the discretion of the Secretary of Health and Human Services, 
be deposited in the Strategic National Stockpile under section 319F-
2(a) of the PHS Act: Provided further, That notwithstanding section 
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 renovation necessary to secure sufficient supplies of 
such vaccines or biologics: Provided further, That funds appropriated 
herein may be transferred to other appropriation accounts of the 
Department of Health and Human Services, as determined by the Secretary 
to be appropriate, to be used for the purposes specified in this 
paragraph.
    For expenses necessary to lease and replace or renovate a 
headquarters building for Public Health Service agencies and other 
components of the Department of Health and Human Services, including 
relocation and fit-out costs, $69,585,000, 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 Services 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 
International Development, the United Nations International Children's 
Emergency Fund or the World Health Organization.
    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 
Executive 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 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 Services 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 
available 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 discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between a program, project, or activity, but no such program, project, 
or activity shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet 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 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 research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS Research 
Office'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary of Health 
and Human Services that it encourages family participation in the 
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.  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 participation in such program to an otherwise eligible 
entity (including 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 prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): 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 appropriations Act may be used to withhold 
substance abuse funding from a State pursuant to section 1926 of the 
Public Health Service Act (``PHS Act'') if such State certifies to the 
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 accordance with subsection (b), to ensure compliance 
with State laws prohibiting the sale of tobacco products to individuals 
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 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 additional 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 enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31 of such 
fiscal year.
    (e) None of the funds appropriated by this or any 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 activities, including HIV/AIDS and 
other infectious disease, chronic and environmental disease, and other 
health activities abroad during fiscal year 2010:
            (1) The Secretary of Health and Human Services may exercise 
        authority equivalent to that available 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 provided in this section 
        is exercised in a manner consistent 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 Services 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 
        Department of Health and Human Services. The Department of 
        State shall cooperate fully with the Secretary 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, 
        and other facilities requirements and serve the purposes 
        established by this Act. The Secretary of Health and Human 
        Services is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make 
        available to public or nonprofit private institutions or 
        agencies in participating 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 relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
            (3) The Secretary of Health and Human Services is 
        authorized to provide to personnel appointed or assigned by the 
        Secretary to serve abroad, allowances and benefits similar to 
        those provided under chapter 9 of title I of the Foreign 
        Service Act of 1980, and 22 U.S.C. 4081 through 4086 and 
        subject to such regulations prescribed by the Secretary. The 
        Secretary is further authorized to provide locality-based 
        comparability payments (stated as a percentage) up to the 
        amount of the locality-based comparability payment (stated as a 
        percentage) that would be payable to such personnel under 
        section 5304 of title 5, United States Code if such personnel's 
        official duty station were in the District of Columbia. Leaves 
        of absence for personnel under this subsection shall be on the 
        same basis as that provided under subchapter I of chapter 63 of 
        title 5, United States Code, or section 903 of the Foreign 
        Service Act of 1980, to individuals serving in the Foreign 
        Service.
    Sec. 214. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (``Director'') 
may use funds available under section 402(b)(7) or 402(b)(12) of the 
Public Health Service Act (``PHS Act'') to enter into transactions 
(other than contracts, cooperative agreements, or grants) to carry out 
research identified pursuant to such section 402(b)(7) (pertaining to 
the Common Fund) or research and activities described in such section 
402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate 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 procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 215.  Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (``CDC'') and the Agency for Toxic Substances and Disease 
Registry (``ATSDR'') may be transferred to ``Disease Control, Research, 
and Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 216.  Notwithstanding any other provisions of law, funds made 
available in this Act may be used to continue operating the Council on 
Graduate Medical Education established by section 301 of Public Law 
102-408.
    Sec. 217.  Not to exceed $35,000,000 of funds appropriated 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. 218.  Of the amounts made available for the National 
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 grants or contracts under 
section 747 of the Public Health Service Act, and 1 percent of the 
amount made available for NRSA shall be made available to the Director 
of the Agency for Healthcare Research and Quality to make NRSA awards 
for health service research.
    Sec. 219.  By May 1, 2010, the Secretary of the Department of 
Health and Human Services shall amend regulations at 42 CFR Part 50 
Subpart F for the purpose of strengthening Federal and institutional 
oversight and identifying enhancements, including requirements for 
financial disclosure to institutions, governing financial conflicts of 
interest among extramural investigators receiving grant support from 
the National Institutes of Health.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2010''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA''), section 418A of the Higher Education Act of 
1965 and S. 1121, as introduced in the Senate on May 21, 2009, 
$15,891,132,000, of which $4,930,976,000 shall become available on July 
1, 2009, and shall remain available through September 30, 2010, and of 
which $10,841,176,000 shall become available on October 1, 2009, and 
shall remain available through September 30, 2010, for academic year 
2010-2011: Provided, That $5,897,946,000 shall be for basic grants 
under section 1124 of the ESEA: Provided further, That up to $4,000,000 
of these funds shall be available to the Secretary of Education on 
October 1, 2009, to obtain annually 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 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 further, That 
$9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA: 
Provided further, That $575,633,000 shall be available for school 
improvement grants under section 1003(g) of the ESEA, of which up to 
$30,000,000 shall be for competitive awards to local educational 
agencies located in counties in Louisiana, Mississippi, and Texas that 
were designated by the Federal Emergency Management Agency as counties 
eligible for Individual Assistance due to damage caused by Hurricanes 
Katrina, Ike, or Gustav (and such awards shall be used to improve 
education in areas affected by the hurricanes, including for such 
activities as replacing instructional materials and equipment; paying 
teacher incentives; constructing, modernizing, or renovating school 
buildings; beginning or expanding Advanced Placement or other rigorous 
courses; supporting the expansion of charter schools; and supporting 
after-school or extended learning time activities); and of which the 
remainder of such funds shall be allocated by the Secretary through the 
formula described in section 1003(g)(2) and shall be used consistent 
with the requirements of section 1003(g), except that local educational 
agencies may use such funds (and funds appropriated for section 1003(g) 
under the American Recovery and Reinvestment Act) to serve any school 
eligible to receive assistance under part A of title I that has not 
made adequate yearly progress for at least two years or is in the 
State's lowest quintile of performance based on proficiency rates: 
Provided further, That each State educational agency shall ensure that 
40 percent of its allocation under such formula is spent on improvement 
activities in middle and high schools, unless the State educational 
agency determines that all title I, part A-eligible middle and high 
schools that have not made adequate yearly progress for at least two 
years or are in the State's lowest quintile of performance based on 
proficiency rates can be served with a lesser amount: Provided further, 
That notwithstanding section 1003(g)(5)(A), the Secretary may establish 
minimum and maximum subgrant sizes applicable to such funds and to the 
funds appropriated for section 1003(g) under the American Recovery and 
Reinvestment Act: Provided further, That the ESEA title I, part A funds 
awarded to local educational agencies under the American Recovery and 
Reinvestment Act of 2009 for fiscal year 2009 shall not be 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 and, notwithstanding section 
1003(e), shall not be considered for the purpose of reserving funds 
under section 1003(a): Provided further, That $262,920,000 shall be 
available under section 1502 of the ESEA for a comprehensive literacy 
development and education program to advance literacy skills, including 
pre-literacy skills, reading, and writing, for students from birth 
through grade 12, including limited-English-proficient students and 
students with disabilities, of which one-half of 1 percent shall be 
reserved for the Secretary of the Interior for such a program at 
schools funded by the Bureau of Indian Education, one-half of 1 percent 
shall be reserved for grants to the outlying areas for such a program, 
$10,000,000 shall be reserved for formula grants to States to establish 
or support a State Literacy Team with expertise in literacy development 
and education for children from birth through grade 12 to assist the 
State in developing a comprehensive literacy plan, up to 5 percent may 
be reserved for national activities, and the remainder shall be used to 
award competitive grants to State educational agencies for such a 
program, of which a State educational agency shall subgrant not less 
than 95 percent to local educational agencies or, in the case of early 
literacy, to local educational agencies or other entities providing 
early childhood care and education, giving priority to such agencies or 
other entities serving greater numbers or percentages of disadvantaged 
children: Provided further, That the State educational agency shall 
ensure that at least 15 percent of the subgranted funds are used to 
serve children from birth through age 5, 40 percent are used to serve 
students in kindergarten through grade 5, and 40 percent are used to 
serve students in middle and high school including an equitable 
distribution of funds between middle and high schools: Provided 
further, That eligible entities receiving subgrants from State 
educational agencies shall use such funds for services and activities 
that have the characteristics of effective literacy instruction through 
professional development, screening and assessment, targeted 
interventions for students reading below grade level and other 
research-based methods of improving classroom instruction and practice.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,265,718,000, of which 
$1,128,535,000 shall be for basic support payments under section 
8003(b), $48,602,000 shall be for payments for children with 
disabilities under section 8003(d), $17,509,000 shall be for 
construction under section 8007(a), $66,208,000 shall be for Federal 
property 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 
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 
attended prior to their change in eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D 
of title V, parts A and B of title VI, and parts B and C of title VII 
of the Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; part Z of title VIII of the Higher Education 
Act (``HEA''); and the Civil Rights Act of 1964, $5,197,316,000, of 
which $3,330,993,000 shall become available on July 1, 2010, and remain 
available through September 30, 2011, and of which $1,681,441,000 shall 
become available on October 1, 2010, and shall remain available through 
September 30, 2011, for academic year 2010-2011: Provided, That funds 
made available to carry out part B of title VII of the ESEA may be used 
for construction, renovation, and modernization of any elementary 
school, secondary school, or structure related to an elementary school 
or secondary school, run by the Department of Education of the State of 
Hawaii, that serves a predominantly Native Hawaiian student body: 
Provided further, That from the funds referred to in the preceding 
proviso, not less than $1,500,000 shall be for the activities described 
in such proviso and $1,500,000 shall be for a grant to the University 
of Hawaii School of Law for a Center of Excellence in Native Hawaiian 
law: Provided further, That $500,000 shall be for part Z of title VIII 
of the HEA: Provided further, That funds made available to carry out 
part C of title VII of the ESEA may be used for construction: Provided 
further, That up to 100 percent of the funds available to a State 
educational agency under part D of title II of the ESEA may be used for 
subgrants described in section 2412(a)(2)(B) of such Act: Provided 
further, That $57,113,000 shall be available to carry out section 203 
of the Educational Technical Assistance Act of 2002: Provided further, 
That $35,463,000 shall be available to carry out part D of title V of 
the ESEA: Provided further, That no funds appropriated under this 
heading may be used to carry out section 5494 under the ESEA: Provided 
further, That $17,687,000 shall be available to carry out the 
Supplemental Education Grants program for the Federated States of 
Micronesia and the Republic of the Marshall Islands: Provided further, 
That up to 5 percent of these amounts may be reserved by the Federated 
States of Micronesia and the Republic of the Marshall Islands to 
administer the Supplemental Education Grants programs and to obtain 
technical assistance, oversight and consultancy services in the 
administration of these grants and to reimburse the United States 
Departments of Labor, Health and Human Services, and Education for such 
services: Provided further, That $9,729,000 of the funds available for 
the Foreign Language Assistance Program shall be available for 5-year 
grants to local educational agencies that would work in partnership 
with one or more institutions of higher education to establish or 
expand articulated programs of study in languages critical to United 
States national security that will enable successful students to 
advance from elementary school through college to achieve a superior 
level of 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, $122,282,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), and by part F of title VIII of the Higher Education 
Act of 1965, $1,234,787,000: Provided, That $10,649,000 shall be 
provided to the National Board for Professional Teaching Standards to 
carry out section 2151(c) of the ESEA: Provided further, That from 
funds for subpart 4, part C of title II of the ESEA, up to 3 percent 
shall be available to the Secretary of Education for technical 
assistance and dissemination of information: Provided further, That 
$510,209,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That $39,302,000 shall be used for the 
projects, and in the amounts, specified under the heading ``Innovation 
and Improvement'' in the committee report of the Senate accompanying 
this Act: Provided further, That $1,000,000 shall be for a national 
clearinghouse that will collect and disseminate information on 
effective educational practices and the latest research regarding the 
planning, design, financing, construction, improvement, operation, and 
maintenance of safe, healthy, high-performance public facilities for 
nursery and pre-kindergarten, kindergarten through grade 12, and higher 
education: Provided further, That $300,000,000 of the funds for subpart 
1 of part D of title V of the ESEA shall be for competitive grants to 
local educational agencies, including charter schools that are local 
educational agencies, or States, or partnerships of: (1) a local 
educational agency, a State, or both; and (2) at least 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 as 
classroom evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to take on 
additional responsibilities and leadership roles: Provided further, 
That recipients of such grants shall demonstrate that such performance-
based systems are developed with the input of teachers and school 
leaders in the schools and local educational agencies to be served by 
the grant: Provided further, That recipients of such grants may use 
such funds to develop or improve systems and tools (which may be 
developed and used for the entire local educational agency or only for 
schools served under the grant) that would enhance the quality and 
success of the compensation system, such as high-quality teacher 
evaluations and tools to measure growth in student achievement: 
Provided further, That applications for such grants should include a 
plan to sustain financially the activities conducted and systems 
developed under the grant once the grant period has expired: Provided 
further, That up to 5 percent of such funds for competitive grants 
shall be available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities: Provided 
further, That of the funds available for part B of title V of the ESEA, 
the Secretary shall use up to $23,082,000 to carry out activities under 
section 5205(b) and under subpart 2: Provided further, That of the 
funds available for subpart 1 of part B of title V of the ESEA, and not 
withstanding section 5205(a), the Secretary may reserve funds to make 
multiple awards to charter management organizations and other entities 
for the replication and expansion of successful charter school models.

                 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, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965, 
$438,061,000: Provided, That $257,690,000 shall be available for 
subpart 2 of part A of title IV: Provided further, That $146,912,000 
shall be available to carry out part D of title V: Provided 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 comprehensive program to improve public knowledge, understanding, and 
support of the Congress and the State legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965, $750,000,000, 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 estimates of the American Community 
Survey child counts for the most recent 3-year period available to 
calculate allocations 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, 
$12,587,856,000, of which $3,726,354,000 shall become available on July 
1, 2010, and shall remain available through September 30, 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: Provided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, production, and 
circulation of accessible educational materials: Provided further, That 
$1,500,000 shall be for the recipient of funds provided by Public Law 
105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to 
the enactment of the Individuals with Disabilities Education 
Improvement Act of 2004) to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
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 percent 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 provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,507,322,000: Provided, That 
$2,525,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Rehabilitation Services and Disability 
Research'' in the committee report of the Senate accompanying this Act.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $24,600,000.

               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 Institute 
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, $126,000,000, of which $8,000,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006, the Adult Education 
and Family Literacy Act, 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, $2,018,447,000, of 
which $4,400,000 shall become available on October 1, 2009 and remain 
available through September 30, 2011, of which $1,223,047,000 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 the Secretary of Education shall first distribute up to 
$46,000,000 to those States that, due to administrative 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 administrative error shall not be 
considered in determining the ``hold-harmless'' amounts under section 
211(f) of the Adult Education and Family Literacy Act 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 
available for integrated English literacy and civics education services 
to immigrants and other limited English proficient populations: 
Provided further, That of the amount reserved for integrated English 
literacy and civics education, notwithstanding section 211 of the Adult 
Education and Family Literacy Act, 65 percent shall be allocated to 
States based on a State's absolute need as determined by calculating 
each State's share of a 10-year average of the United States 
Citizenship and Immigration Services data for immigrants admitted 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 
Immigration Services data for immigrants admitted for legal permanent 
residence are available, except that no State shall be allocated an 
amount less than $60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy Act, $13,346,000 
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 
up to 5 percent shall become available 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 
available on July 1, 2010, and remain available through September 30, 
2011, for grants to local educational agencies: Provided further, That 
funds made available to local educational agencies under this subpart 
shall be used only for activities related to establishing smaller 
learning communities within large high schools or small high schools 
that provide alternatives for students enrolled in large high schools: 
Provided further, That the Secretary may use amounts available under 
this heading for the necessary costs of any close-out of the National 
Institute for Literacy.

                      Student Financial Assistance

                    (including rescission 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, $19,296,809,000, 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.
    Of the funds made available under section 401A(e)(1)(D) of the 
Higher Education Act of 1965, $511,000,000 are hereby rescinded.

                       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 provided, titles II, 
III, IV, V, VI, VII, and VIII of the Higher Education 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, part I of subtitle A of title VI 
of the America COMPETES Act, and section 117 of the Carl D. Perkins 
Career and Technical Education Act of 2006, $2,106,749,000: 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 further, That $609,000 shall be 
for data collection and evaluation activities for programs under the 
HEA, including such activities needed to comply with the Government 
Performance 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 
participating in advanced foreign language training and international 
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 government, the professions, or 
international development: Provided further, That of the funds referred 
to in the preceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemination 
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 effect prior to the date of enactment of the 
Higher Education Opportunity Act (``HEOA''), that would have otherwise 
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 
continuation award: Provided further, That the portion of the funds 
received under section 316 by a recipient described 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 $1,500,000, 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: Provided further, That the 
Secretary of Education shall identify these scholarships as ``Erma Byrd 
Scholarships'': Provided 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 requirements, 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 replace a student's expected family 
contribution, but institutions accepting such scholarship funds may not 
use these funds to supplant existing institutional aid: Provided 
further, That the Secretary shall be authorized to accept contributions 
for such scholarships from private sources: Provided further, That 
these funds shall be used for scholarships for academic year 2010-2011 
and may be available for scholarships in academic year 2011-2012: 
Provided further, That $36,500,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Higher Education'' in the 
committee report of the Senate accompanying 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 activities 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, $10,000,000, as authorized 
pursuant to part D of title III of the HEA: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $89,000,000. In 
addition, for administrative expenses to carry out the Historically 
Black College and University Capital Financing 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 Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $679,256,000, of which $361,241,000 shall be available 
until 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 
information 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 Assistance 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.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia 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) 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 transportation 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 includes 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 clustering. 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 voluntary prayer and meditation in 
the public schools.

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred 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 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 Representatives and the 
Senate are notified at least 15 days in advance 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 sixth proviso 
under the heading ``Innovation and Improvement'' 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 
Appropriations of the House of Representatives and the Senate.
    Sec. 307.  Section 14007 of division A of the American Recovery and 
Reinvestment Act of 2009 is amended--
            (1) by amending subsection (a)(3) to read as follows:
            ``(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 models 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 redesignated, 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 partnerships'' and 
                inserting ``it has established one or more 
                partnerships'';
            (3) in subsection (c), by striking ``paragraphs'' and all 
        that follows through ``such requirements'' and inserting 
        ``paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if the 
        nonprofit organization has a record of significantly improving 
        student achievement, attainment, or retention and shall be 
        considered to have met the requirements of subsection (b)(3) if 
        it demonstrates that it will meet the requirement relating to 
        private-sector matching''; and
            (4) by adding at the end a new subsection (d) to read as 
        follows:
    ``(d) Subgrants.--In the case of an eligible entity that is a 
partnership described in subsection (a)(1)(B), the partner serving as 
the fiscal agent may make subgrants to one or more of the other 
entities in the partnership.''.
    Sec. 308.  Section 5621 of the Elementary and Secondary Education 
Act of 1965, as added by this Act by reference to S. 1121 (111th 
Congress, as introduced on May 21, 2009), is amended--
            (1) in subsection (c)(1)(C)(i), by inserting ``, which 
        includes planning for improvement of school libraries within 
        public elementary school and secondary school buildings'' 
        before the semicolon; and
            (2) in subsection (d)(1)--
                    (A) in subparagraph (A)--
                            (i) by redesignating clauses (ii) through 
                        (iv) as clauses (iii) through (v), 
                        respectively; and
                            (ii) by inserting after clause (i) the 
                        following:
                            ``(ii) repairing, replacing, or 
                        constructing school libraries at public 
                        elementary schools or secondary schools;''
                    (B) in subparagraph (F), by inserting ``throughout 
                the school building'' before the period.
    Sec. 309.  Section 307 of the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2008 is amended by striking ``and 2009'' each place the term occurs and 
inserting ``through 2011''.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2010''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,396,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service to carry out the Domestic Volunteer Service Act of 
1973 (``1973 Act'') and the National and Community Service Act of 1990 
(``1990 Act''), $864,316,000, of which $321,269,000 shall be to carry 
out the 1973 Act and $543,047,000 shall be to carry out the 1990 Act 
and notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management 
of the grants cycle; (2) $50,000,000 shall be available for expenses 
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $8,000,000 
shall be available for expenses to carry out sections 112(e), 179A, and 
198O and subtitle J of title I of the 1990 Act, notwithstanding section 
501(a)(6) of the 1990 Act; (4) $5,000,000 shall be available for grants 
to public or private nonprofit institutions to increase the 
participation of individuals with disabilities in national service and 
for demonstration activities in furtherance of this purpose, 
notwithstanding section 129(k)(1) of the 1990 Act; (5) $17,000,000 
shall be available to provide assistance to State commissions on 
national and community service, under section 126(a) of the 1990 Act 
and notwithstanding section 501(a)(5)(B) of the 1990 Act; and (6) 
$29,000,000 shall be available to carry out subtitle E of the 1990 Act: 
Provided further, That none of the funds made available under this 
heading for activities authorized by section 122 and part E of title II 
of the 1973 Act shall be used to provide stipends or other monetary 
incentives to program participants or volunteer leaders whose incomes 
exceed the income guidelines in subsections 211(e) and 213(b) of the 
1973 Act.

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the National and Community Service Act 
of 1990 (``1990 Act''), $197,000,000, to remain available until 
expended: Provided, That the Corporation for National and Community 
Service may transfer additional funds from the amount provided within 
``Operating Expenses'' for grants made under subtitle C of title I of 
the 1990 Act to this appropriation upon determination that such 
transfer is necessary to support the activities of national service 
participants and after notice is transmitted to the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That amounts appropriated for or transferred to the National 
Service Trust may be invested under section 145(b) of the 1990 Act 
without regard to the requirement to apportion funds under 31 U.S.C. 
1513(b).

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the National and Community Service Act of 1990 and under 
section 504(a) of the Domestic Volunteer Service Act of 1973, including 
payment of salaries, authorized travel, hire of passenger motor 
vehicles, the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 5 U.S.C. 
3109, and not to exceed $2,500 for official reception and 
representation expenses, $88,000,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $7,700,000.

                       administrative provisions

    Sec. 401.  The Corporation for National and Community Service 
(``the Corporation'') shall notify the Committees on Appropriations of 
the House of Representatives and the Senate 15 days prior to any 
significant changes to program requirements, service delivery or 
policy. For fiscal year 2010, during any grant selection process, an 
officer or employee of the Corporation shall not knowingly disclose any 
covered grant selection information regarding such selection, directly 
or indirectly, to any person other than an officer or employee of the 
Corporation that is authorized by the Corporation to receive such 
information.
    Sec. 402.  Donations made to the Corporation for National and 
Community Service under section 196 of the National and Community 
Service Act of 1990 (``1990 Act'') for the purposes of financing 
programs and operations under titles I and II of the 1973 Act or 
subtitles B, C, D, or E of title I of the 1990 Act shall be used to 
supplement and not supplant current programs and operations.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting 
(``Corporation''), as authorized by the Communications Act of 1934, an 
amount which shall be available within limitations specified by that 
Act, for the fiscal year 2012, $450,000,000: Provided, That no funds 
made available to the Corporation by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That no 
funds made available to the Corporation by this Act shall be used to 
apply any political test or qualification in selecting, appointing, 
promoting, or taking any other personnel action with respect to 
officers, agents, and employees of the Corporation: Provided further, 
That none of the funds made available to the Corporation by this Act 
shall be used to support the Television Future Fund or any similar 
purpose.
    In addition, for payment to the Corporation for fiscal year 2010, 
$71,000,000 as follows:
            (1) $10,000,000 shall be for fiscal stabilization grants to 
        public radio and television licensees, with no deduction for 
        administrative or other costs of the Corporation, to maintain 
        local programming and services and preserve jobs threatened by 
        declines in non-Federal revenues due to the downturn in the 
        economy;
            (2) $36,000,000 shall be for costs related to digital 
        program production, development, and distribution associated 
        with the transition of public broadcasting to digital 
        broadcasting, to be awarded as determined by the Corporation in 
        consultation with public radio and television licensees or 
        permittees, or their designated representatives; and
            (3) $25,000,000 is available pursuant to section 396(k)(10) 
        of the Communications Act of 1934 for replacement and upgrade 
        of the public radio interconnection system.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$46,303,000: Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organizations, 
and for arbitration services shall be credited to and merged with this 
account, and shall remain available until expended: Provided further, 
That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $10,858,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$275,056,000, of which $6,500,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Office of Museum and 
Library Services: Grants and Administration'' in the committee report 
of the Senate accompanying this Act: Provided, That funds may be made 
available for support through inter-agency agreement or grant to 
commemorative Federal commissions that support museum and library 
activities, in partnership with libraries and museums that are eligible 
for funding under programs carried out by the Institute of Museum and 
Library Services.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,800,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,271,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $283,400,000: Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, 
and as defined in section 3(f) of the Act of June 25, 1938, and 
including in said definition employees engaged in the maintenance and 
operation of ditches, canals, reservoirs, and waterways when maintained 
or operated on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$13,934,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $11,712,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $64,000,000, 
which shall include amounts becoming available in fiscal year 2010 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits: Provided, That the total 
amount provided herein shall be credited in 12 approximately equal 
amounts on the first day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2011, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $109,073,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $8,186,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,404,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$34,742,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2011, $16,000,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $45,000 for official reception and 
representation expenses, not more than $10,800,500,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,300,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2010 not needed for fiscal 
year 2010 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    From funds provided under the first paragraph, not less than 
$273,000,000 shall be available for the cost associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act.
    In addition to the amounts made available above, and subject to the 
same terms and conditions, $485,000,000, for additional continuing 
disability reviews and redeterminations of eligibility, of which, upon 
a determination by the Commissioner of Social Security that such 
initiative would be at least as cost-effective as redeterminations of 
eligibility, up to $34,000,000 shall be available for one or more 
initiatives to improve asset verification: Provided, That the 
Commissioner shall provide to the Congress (at the conclusion of the 
fiscal year) a report on the obligation and expenditure of these 
additional amounts, similar to the reports that were required by 
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
2002.
    In addition, $160,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2010 
exceed $160,000,000, the amounts shall be available in fiscal year 2011 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$29,000,000, together with not to exceed $73,682,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $22,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and expenses''.
    Sec. 505.  Notwithstanding any other provision of this Act, no 
funds appropriated in this Act shall be used to carry out any program 
of distributing sterile needles or syringes for the hypodermic 
injection of any illegal drug.
    Sec. 506.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
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 a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of 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.  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 entity.
    Sec. 513.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514.  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 paragraph (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.
    Sec. 515.  None of the funds made available by this Act to carry 
out part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 516. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2010, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 518.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2010 that are different than those 
specified in this Act, the accompanying detailed table in the committee 
report of the Senate accompanying this Act, or the fiscal year 2010 
budget request.
    Sec. 519.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $5,000,000 in value and awarded by the Department 
on a non-competitive basis during each quarter of fiscal year 2010, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 520.  Section 8103(b) of Public Law 110-28 is amended--
            (1) in paragraph (1)(B), by inserting before the semicolon 
        the following: ``, except that, beginning in 2010 and each year 
        thereafter, such increase shall occur on September 30''; and
            (2) in paragraph (2)(C), by inserting before the period the 
        following: ``, except that, beginning in 2010 and each year 
        thereafter, such increase shall occur on September 30''.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2010''.
                                                       Calendar No. 149

111th CONGRESS

  1st Session

                               H. R. 3293

                          [Report No. 111-66]

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2010, and for other purposes.

_______________________________________________________________________

                             July 27, 2009

  Received; read twice and referred to the Committee on Appropriations

                              July 4, 2009

                       Reported with an amendment