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:
<enum>I</enum><header>Department of
labor</header>
<appropriations-intermediate changed="deleted" id="H9000B5C6280D444B85DDF3EB8216AEA5" reported-display-style="strikethrough"><header>Employment and training
administration</header>
</appropriations-intermediate><appropriations-small changed="deleted" id="HECD9EA234A944A59B798843F17CE265D" reported-display-style="strikethrough"><header>Training and employment
services</header>
</appropriations-small><appropriations-small changed="deleted" id="H6A4F288B3CAC487ABA9875437F349B21" reported-display-style="strikethrough"><header>(Including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Workforce Investment Act of 1998 (<quote>WIA</quote>), 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:</text>
<paragraph id="H6DD853FC6A9748F6ABE0F7415692AE04"><enum>(1)</enum><text>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:</text>
<subparagraph id="H04845307BCE9451F97F9982529FF10A9"><enum>(A)</enum><text display-inline="yes-display-inline">$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;</text>
</subparagraph><subparagraph id="HA6926B6292594C5BBE6C81F9210B1C3E"><enum>(B)</enum><text>$924,069,000
for youth activities, which shall be available for the period April 1, 2010
through June 30, 2011; and</text>
</subparagraph><subparagraph id="H94CBC93F2F554B7FBE275F9063A8E0EC"><enum>(C)</enum><text display-inline="yes-display-inline">$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:</text>
</subparagraph><continuation-text continuation-text-level="paragraph"><italic>Provided,</italic> 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: <added-phrase reported-display-style="italic">Provided
further</added-phrase>, 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;</continuation-text></paragraph><paragraph id="HF5434F8802C545E785300EF1EBF2B42D"><enum>(2)</enum><text>for federally
administered programs, $453,429,000 as
follows:</text>
<subparagraph id="H49000E50403746A5A4CE05F2F02F0AF7"><enum>(A)</enum><text display-inline="yes-display-inline">$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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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;</text>
</subparagraph><subparagraph id="H178D0F77107D4D0CB8A21CB479E97214"><enum>(B)</enum><text>$52,758,000
for Native American programs, which shall be available for the period July 1,
2010 through June 30, 2011;</text>
</subparagraph><subparagraph id="HF9890DE0122D49D4B0F7F232B20FC1D1"><enum>(C)</enum><text display-inline="yes-display-inline">$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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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;</text>
</subparagraph><subparagraph id="H760874317C2D4BFB86CB8C22FC04048D"><enum>(D)</enum><text>$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</text>
</subparagraph><subparagraph id="H8E23FF7DBA9D477FB70BB6CADA14969D"><enum>(E)</enum><text>$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:
<italic>Provided,</italic> 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;</text>
</subparagraph></paragraph><paragraph id="H4A265BA5D3364DF1AF7EF898F1F0B732"><enum>(3)</enum><text>for national
activities, $380,083,000, as follows:</text>
<subparagraph id="H83B5EF66DED3468EBBA85FCDC29256B9"><enum>(A)</enum><text display-inline="yes-display-inline">$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 <quote>Training and
Employment Services</quote> in the report of the Committee on Appropriations of
the House of Representatives to accompany this Act:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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;</text>
</subparagraph><subparagraph display-inline="no-display-inline" id="H50451666054943A2B3CCFE26B0867BF4"><enum>(B)</enum><text display-inline="yes-display-inline">$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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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;</text>
</subparagraph><subparagraph id="H69F78E200FA742399BA6F533563644B2"><enum>(C)</enum><text display-inline="yes-display-inline">$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;</text>
</subparagraph><subparagraph id="H965F628D9D98485DAFDC507CFC489BBA"><enum>(D)</enum><text display-inline="yes-display-inline">$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);</text>
</subparagraph><subparagraph id="HA2670FF9599E49AE9397A736D05C9AF3"><enum>(E)</enum><text display-inline="yes-display-inline">$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</text>
</subparagraph><subparagraph id="H15F35B4391E84566B68A64BF68C98D9C"><enum>(F)</enum><text display-inline="yes-display-inline">$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).</text>
</subparagraph></paragraph></appropriations-small><appropriations-small changed="deleted" id="HCBD4E1BA1F7A4DFA896CC3B787C843F1" reported-display-style="strikethrough"><header>Community service employment for
older americans</header><text display-inline="no-display-inline">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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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.</text>
</appropriations-small><appropriations-small changed="deleted" id="HE4AEB63DE89445FDA1441EEBA1C7D949" reported-display-style="strikethrough"><header>Federal unemployment benefits
and allowances</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small changed="deleted" id="HCEBBF99E6D46493AAB901B587EF22A7C" reported-display-style="strikethrough"><header>State unemployment insurance and
employment service operations</header><text display-inline="no-display-inline">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
(<quote>the Trust Fund</quote>), of which:</text>
<paragraph id="H9CC116F898D342638371D23E5578110B"><enum>(1)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph id="H45BF26F44440446C8188C08CCC795FE5"><enum>(2)</enum><text display-inline="yes-display-inline">$11,310,000
from the Trust Fund is for national activities necessary to support the
administration of the Federal-State unemployment insurance system;</text>
</paragraph><paragraph id="HC1FB91F4A1DA411EB1F168474D797F62"><enum>(3)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph id="H22573247B4884D38A35D49E93A6C223C"><enum>(4)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph id="HC9B70FC684B34456BAA3BD16B725FB66"><enum>(5)</enum><text display-inline="yes-display-inline">$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</text>
</paragraph><paragraph id="H6FB714AE434B44EAB413B9960B1245B2"><enum>(6)</enum><text display-inline="yes-display-inline">$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:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid97B4CDEB96324802A7571C71B566FFF0"><continuation-text changed="deleted" continuation-text-level="section" reported-display-style="strikethrough"><italic>Provided</italic>, That to
the extent that the Average Weekly Insured Unemployment (<quote>AWIU</quote>)
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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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: <added-phrase reported-display-style="italic">Provided
further</added-phrase>, 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: <added-phrase reported-display-style="italic">Provided
further</added-phrase>, 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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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.</continuation-text></section><section changed="deleted" display-inline="no-display-inline" id="H52EC4308BA5A484485DF4B6A70E0E4F8" reported-display-style="strikethrough" section-type="undesignated-section"><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HF7EC36BECE894862A04E51F5F88342C5"><header>Advances to the unemployment
trust fund and other funds</header><text display-inline="no-display-inline">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 <quote>Federal Unemployment Benefits
and Allowances</quote> account, such sums as may be
necessary.</text>
</appropriations-small><appropriations-small id="H68C897205FCA48F0B81AF43C482FA088"><header>Program
administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HCDF7F071297941C688B4E70109D6777E"><header>Employee Benefits Security
Administration</header>
</appropriations-intermediate><appropriations-small id="H39ED8C6247F643D8AD66DEF1E351C94C"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Employee Benefits Security Administration,
$154,060,000.</text>
</appropriations-small><appropriations-intermediate id="HDB1EA4CBABF64288B0C2055AF176A966"><header>Pension Benefit Guaranty
Corporation</header>
</appropriations-intermediate><appropriations-small id="H700333C6642A49718CB1A3B566904891"><header>Pension benefit guaranty
corporation fund</header><text display-inline="no-display-inline">The Pension
Benefit Guaranty Corporation (<quote>Corporation</quote>) 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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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.</text>
</appropriations-small><appropriations-intermediate id="H406BC49800304E24A06AAF9D5473B1EA"><header>Employment Standards
Administration</header>
</appropriations-intermediate><appropriations-small id="HA10715C603A5403DAB9AA9DB41C42F19"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small id="HFCEE6DD33ED04C2487E9706E905E75F8"><header>(including
rescission)</header><text display-inline="no-display-inline">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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HCFDA24E81DFE4CBDAF248F281F22203F"><header>Special
benefits</header>
</appropriations-small><appropriations-small id="H4C89B5680146429893FE8350D47F841B"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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 <quote>Civilian War
Benefits</quote> 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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
That balances of reimbursements unobligated on September 30, 2009, shall remain
available until expended for the payment of compensation, benefits, and
expenses: <added-phrase reported-display-style="italic">Provided
further</added-phrase>, 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: <added-phrase reported-display-style="italic">Provided
further</added-phrase>, 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:</text>
<paragraph id="H97ED6D5F4F8E4DDB9E8BD6102A521BC7"><enum>(1)</enum><text display-inline="yes-display-inline">For enhancement and maintenance of
automated data processing systems and telecommunications systems,
$19,968,000.</text>
</paragraph><paragraph id="H7353DA58F06948E4B91FBDA3306723E6"><enum>(2)</enum><text display-inline="yes-display-inline">For automated workload processing
operations, including document imaging, centralized mail intake, and medical
bill processing, $23,323,000.</text>
</paragraph><paragraph id="HD49925DACB924E3FABA08EAF3EF824CF"><enum>(3)</enum><text display-inline="yes-display-inline">For periodic roll management and medical
review, $14,829,000.</text>
</paragraph><paragraph id="H679DF93D5176467BA3417B3363EE4719"><enum>(4)</enum><text>The remaining
funds shall be paid into the Treasury as miscellaneous receipts:</text>
</paragraph></appropriations-small><continuation-text continuation-text-level="section"><italic>Provided further</italic>,
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.</continuation-text></section><appropriations-small changed="deleted" id="H57C0068C817445E291DA54768DCCF790" reported-display-style="strikethrough"><header>Special benefits for disabled
coal miners</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For making benefit payments under title IV
for the first quarter of fiscal year 2011,
$45,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small changed="deleted" id="H69B97FAEADA8439193816F11EABBCA35" reported-display-style="strikethrough"><header>Administrative expenses, energy
employees occupational illness compensation fund</header><text display-inline="no-display-inline">For necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program Act,
$51,197,000, to remain available until expended:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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.</text>
</appropriations-small><appropriations-small changed="deleted" id="HB82C86CECA484F6390D89A9A3385AFC3" reported-display-style="strikethrough"><header>Black lung disability trust
fund</header>
</appropriations-small><appropriations-small changed="deleted" id="H067DEFF34EF44F2AA05D9FE37BF05B8E" reported-display-style="strikethrough"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">In fiscal year 2010,
such sums as may be necessary from the Black Lung Disability Trust Fund
(<quote>Fund</quote>), 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 <quote>Salaries and Expenses</quote>; not
to exceed $25,091,000 for transfer to
Departmental Management, <quote>Salaries and Expenses</quote>; not to exceed
$327,000 for transfer to Departmental
Management, <quote>Office of Inspector General</quote>; and not to exceed
$356,000 for payments into miscellaneous
receipts for the expenses of the Department of the
Treasury.</text>
</appropriations-small><appropriations-intermediate changed="deleted" id="H92476C3EB750419A8280BC4E7705BD63" reported-display-style="strikethrough"><header>Occupational safety and health
administration</header>
</appropriations-intermediate><appropriations-small changed="deleted" id="H847888541F5C47B4993C060297243B21" reported-display-style="strikethrough"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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 (<quote>Act</quote>), 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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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:
<added-phrase reported-display-style="italic">Provided further</added-phrase>,
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—</text>
<paragraph id="HEF60ACE79FA24B9587004E04B9EC264D"><enum>(1)</enum><text>to provide, as
authorized by the Act, consultation, technical assistance, educational and
training services, and to conduct surveys and studies;</text>
</paragraph><paragraph id="H756AE032A4FF4C41B8E63DF19167F027"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="H263C1471F04C47F7ACCDE63DA7E66BE3"><enum>(3)</enum><text>to take any action
authorized by the Act with respect to imminent dangers;</text>
</paragraph><paragraph id="HEB1B31F980DE41E596A7EEA125C865FF"><enum>(4)</enum><text>to take any action
authorized by the Act with respect to health hazards;</text>
</paragraph><paragraph id="H039AEFF14DCC49A09CFD9EF4DAAC9013"><enum>(5)</enum><text>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</text>
</paragraph><paragraph id="H666FD14E82494CEFA3A1029F7E9F2E43"><enum>(6)</enum><text>to take any action
authorized by the Act with respect to complaints of discrimination against
employees for exercising rights under the Act:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid3D049B97FD254D869D67EFE85C711CFB"><continuation-text changed="deleted" continuation-text-level="section" reported-display-style="strikethrough"><italic>Provided further</italic>,
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: <added-phrase reported-display-style="italic">Provided
further</added-phrase>, That $10,000,000 shall
be available for Susan Harwood training grants.</continuation-text></section><appropriations-intermediate changed="deleted" id="H0FA3698A9F4E4790ADE9E8A44E7AD783" reported-display-style="strikethrough"><header>Mine safety and health
administration</header>
</appropriations-intermediate><appropriations-small changed="deleted" id="H098ED459FC9140AC84AF75121F22B912" reported-display-style="strikethrough"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate changed="deleted" id="H6760A044BF744906BF7595AEE78D77D4" reported-display-style="strikethrough"><header>Bureau of labor
statistics</header>
</appropriations-intermediate><appropriations-small changed="deleted" id="H310021826A6541FB9A77083858AD7DD6" reported-display-style="strikethrough"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, 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.</text>
</appropriations-small><appropriations-intermediate changed="deleted" id="H978A8D963F594BE19F3B4E874AAB0418" reported-display-style="strikethrough"><header>Office of disability employment
policy</header>
</appropriations-intermediate><appropriations-small changed="deleted" id="H0C9F127833A140C5B406D37D5050CC98" reported-display-style="strikethrough"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate changed="deleted" id="HCB28AE1D2D59459E84C640FE1100C766" reported-display-style="strikethrough"><header>Departmental
management</header>
</appropriations-intermediate><appropriations-small changed="deleted" id="H53E37219E1A3487DA4B6BC9AD4EF1DC3" reported-display-style="strikethrough"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small changed="deleted" id="HFA344AD3CDE24BAAB8938CC6577F47E7" reported-display-style="strikethrough"><header>(Including transfer of
funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small changed="deleted" id="HF64C25AD3D8B4520890FC6C654FDB2CF" reported-display-style="strikethrough"><header>Office of job
corps</header><text display-inline="no-display-inline">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:</text>
<paragraph id="H0AE29AA157CF4ACB8E9799A3BE6498C1"><enum>(1)</enum><text display-inline="yes-display-inline">$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.</text>
</paragraph><paragraph id="H1B0F48FEF0BD4AAEA82A4C4D061EE677"><enum>(2)</enum><text display-inline="yes-display-inline">$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.</text>
</paragraph><paragraph id="H94307E3776E149A19CE0D26D24B97C31"><enum>(3)</enum><text display-inline="yes-display-inline">$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:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid77D617E0A03746C889141AB377A66013"><continuation-text changed="deleted" continuation-text-level="section" reported-display-style="strikethrough"><italic>Provided,</italic> That
the Office of Job Corps shall have contracting authority: <italic>Provided
further,</italic> That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.</continuation-text></section><appropriations-small changed="deleted" id="H210FC65C52094D13B737E610C08276B3" reported-display-style="strikethrough"><header>Veterans employment and
training</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small changed="deleted" id="HDF97338CCFA441E998742B733503BFEB" reported-display-style="strikethrough"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small changed="deleted" id="H7E0145644F274028B01E80615F97D709" reported-display-style="strikethrough"><header>Office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate changed="deleted" id="H9E11781A110A401CA63430C14BE01DE5" reported-display-style="strikethrough"><header>General
provisions</header>
</appropriations-intermediate><section changed="deleted" id="H5AC446EB0B8A4301A8E072F7C77E55CE" reported-display-style="strikethrough"><enum>101.</enum><text>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.</text>
<appropriations-small id="H34261AB68F5545CCA2EA8C2896C230F9"><header>(transfer of
funds)</header>
</appropriations-small></section><section changed="deleted" id="H3AB8B59D37E04FDF847C48A1C2A63A43" reported-display-style="strikethrough"><enum>102.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
</section><section changed="deleted" id="HC114DA927417447E99916693F63CDAAC" reported-display-style="strikethrough"><enum>103.</enum><text>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.</text>
</section><section changed="deleted" id="H87228ABD7B544C329C8771E7A1FD0D7F" reported-display-style="strikethrough"><enum>104.</enum><text>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.</text>
</section><section changed="deleted" id="H47ED49B4C8844282A89BADD551854FB8" reported-display-style="strikethrough"><enum>105.</enum><text>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:
<added-phrase reported-display-style="italic">Provided</added-phrase>, That the
preceding limitation shall not apply to multi-year grants awarded prior to June
30, 2007.</text>
</section><section changed="deleted" id="H6E0E51EEF8F14E70AE62BDCF71CC8F87" reported-display-style="strikethrough"><enum>106.</enum><text>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.</text>
</section><section changed="deleted" id="HC4762E0446964F2A936949022FE26B90" reported-display-style="strikethrough"><enum>107.</enum><text>None of the funds
appropriated in this Act under the heading <quote>Employment and Training
Administration</quote> 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.</text>
</section><section changed="deleted" id="H7B513AA292A34988AD5B3B16621FF3F6" reported-display-style="strikethrough"><enum>108.</enum><text>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.</text>
<appropriations-small id="H4B88CF43553E4A11BAB63FFCB2BE7245"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Labor Appropriations
Act, 2010</short-title></quote>.</text>
</appropriations-small></section><enum>II</enum><header>Department of
health and human services</header>
<appropriations-intermediate id="H8AF42DB4A2F04D5D96CC411440ECFB6D"><header>Health resources and services
administration</header>
</appropriations-intermediate><appropriations-small id="H2DFD2C47B22E4068A25808223F0C68F5"><header>Health resources and
services</header><text display-inline="no-display-inline">For carrying out
titles II, III, IV, VII, VIII, X, XI, XII, XIX, and XXVI of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), section 427(a) of the Federal Coal Mine Health and Safety Act,
title V and sections 711, 1128E, and 1820 of the <act-name parsable-cite="SSA">Social Security Act</act-name>, 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 <act-name parsable-cite="SSA">Social
Security Act</act-name>, shall be available for carrying out the Medicare rural
hospital flexibility grants program under such section:
<italic>Provided,</italic> 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:
<italic>Provided further</italic>, That
$56,000,000 of the funding provided for
community health centers shall be for base grant adjustments for existing
health centers: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That fees collected for the full disclosure
of information under the <quote>Health Care Fraud and Abuse Data Collection
Program</quote>, authorized by section 1128E(d)(2) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, shall be
sufficient to recover the full costs of operating the program, and shall remain
available until expended to carry out that Act: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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 (<quote>HHS</quote>) pertaining
to administrative claims made under such law: <italic>Provided
further</italic>, 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:
<italic>Provided further,</italic> 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That $835,000,000 shall be for
State AIDS Drug Assistance Programs authorized by section 2616 of the PHS Act:
<italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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:
<italic>Provided further,</italic> That notwithstanding sections 502(a)(1) and
502(b)(1) of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided
further</italic>, 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 <quote>Health Resources and
Services</quote> 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:
<italic>Provided further,</italic> That notwithstanding section 338J(k) of the
PHS Act, $9,700,000 shall be available for State
Offices of Rural Health: <italic>Provided further,</italic> 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: <italic>Provided further,</italic>
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.</text>
</appropriations-small><appropriations-small id="H02F6E3096D8B4347A9BDAF4B5077E2C9"><header>Health education assistance
loans program account</header><text display-inline="no-display-inline">Such
sums as may be necessary to carry out the purpose of the program, as authorized
by title VII of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>). For administrative expenses to carry
out the guaranteed loan program, including section 709 of the PHS Act,
$2,847,000.</text>
</appropriations-small><appropriations-small id="H26CF425F9942448BADA572E2CCEC0BE4"><header>Vaccine injury compensation
program trust fund</header><text display-inline="no-display-inline">For
payments from the Vaccine Injury Compensation Program Trust Fund (<quote>Trust
Fund</quote>), 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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, to remain
available until expended: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="HD41E1D3949DB407CB712AB13E7416C0F"><header>Centers for disease control and
prevention</header>
</appropriations-intermediate><appropriations-small id="HCEE12A5FDD5F4FAA942E15C29B5C69B8"><header>Disease control, research, and
training</header><text display-inline="no-display-inline">To carry out titles
II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), 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
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>,
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 <quote>Disease Control, Research,
and Training</quote> 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: <italic>Provided,</italic> That in
addition, such sums as may be derived from authorized user fees, which shall be
credited to this account: <italic>Provided further</italic>, That with respect
to the previous proviso, authorized user fees from the Vessel Sanitation
Program shall be available through September 30, 2011: <italic>Provided
further</italic>, 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: <italic>Provided
further,</italic> 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are to be
notified promptly of any such redirection: <italic>Provided further,</italic>
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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That none of
the funds appropriated may be used to implement section 2625 of the PHS
Act.</text><text display-inline="no-display-inline">In addition, for necessary
expenses to administer the Energy Employees Occupational Illness Compensation
Program Act, $55,358,000, to remain available
until expended: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="HA027B7BD90534FD9B3786DF6406C93A2"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="H8A944CB7C9D74ED89D6F8B88291BB0E9"><header>National cancer
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> 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.</text>
</appropriations-small><appropriations-small id="HE3ECBAB26819439495E9B2F73E49E2A7"><header>National heart, lung, and blood
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to cardiovascular, lung, and blood
diseases, and blood and blood products,
$3,123,403,000.</text>
</appropriations-small><appropriations-small id="HB1E975E4A28848E5B007C3C9054BA367"><header>National institute of dental and
craniofacial research</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
dental disease,
$417,032,000.</text>
</appropriations-small><appropriations-small id="H80ED8514B917405BB51C8128B66B81E9"><header>National institute of diabetes
and digestive and kidney diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to diabetes and digestive and kidney disease,
$1,824,251,000.</text>
</appropriations-small><appropriations-small id="HFF6E2085EC2446D786B72CF18B75F56C"><header>National institute of
neurological disorders and stroke</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to neurological disorders and stroke,
$1,650,253,000.</text>
</appropriations-small><appropriations-small id="HD0C0B02751A0419E99E79EB78589CE8E"><header>National institute of allergy
and infectious diseases</header>
</appropriations-small><appropriations-small id="HDDC31E6827314A28B57A63524037C87F"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> 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 <quote>Biodefense Countermeasures</quote>
in the Department of Homeland Security Appropriations Act, 2004:
<italic>Provided</italic>, That $300,000,000 may
be made available to International Assistance Programs <quote>Global Fund to
Fight HIV/AIDS, Malaria, and Tuberculosis</quote>, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H26D2C0AE56CD45E5BB514D3B297A6C5F"><header>National institute of general
medical sciences</header><text display-inline="no-display-inline">For carrying
out section 301 and title IV of the <act-name parsable-cite="PHSA">Public
Health Service Act</act-name> with respect to general medical sciences,
$2,069,156,000.</text>
</appropriations-small><appropriations-small id="H37FD67BC5B5A48439C3C9EC46F8926B4"><header>Eunice kennedy shriver national
institute of child health and human development</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to child health and human development,
$1,341,120,000.</text>
</appropriations-small><appropriations-small id="H4CCE2EE4CB7B4107A8BF52E4EA1056D5"><header>National eye
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to eye diseases and visual disorders,
$713,072,000.</text>
</appropriations-small><appropriations-small id="H6833FBBBD1344BBA87E3B41F6D6B42FD"><header>National institute of
environmental health sciences</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to environmental health sciences,
$695,497,000.</text>
</appropriations-small><appropriations-small id="H3D02FDBBFCC747B7BD0332534969A21E"><header>National institute on
aging</header><text display-inline="no-display-inline">For carrying out section
301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> with respect to aging,
$1,119,404,000.</text>
</appropriations-small><appropriations-small id="H9B94AD60C12E49BEAD0F04E3423669C0"><header>National institute of arthritis
and musculoskeletal and skin diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to arthritis and musculoskeletal and skin diseases,
$543,621,000.</text>
</appropriations-small><appropriations-small id="H24B472B63D4A474481E7363429BB4B63"><header>National institute on deafness
and other communication disorders</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to deafness and other communication disorders,
$422,308,000.</text>
</appropriations-small><appropriations-small id="HF7C4466B65D6497897050F3D5C49B43C"><header>National institute of nursing
research</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to nursing research,
$146,945,000.</text>
</appropriations-small><appropriations-small id="H6DA389D4970A48638904D2FF7A965B33"><header>National institute on alcohol
abuse and alcoholism</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
alcohol abuse and alcoholism,
$466,308,000.</text>
</appropriations-small><appropriations-small id="H09D27624B895484D9DF83C06EB002229"><header>National institute on drug
abuse</header><text display-inline="no-display-inline">For carrying out section
301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> with respect to drug abuse,
$1,069,583,000.</text>
</appropriations-small><appropriations-small id="H2F0F4CCC628344A8A9DD67369AFFC143"><header>National institute of mental
health</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to mental health,
$1,502,266,000.</text>
</appropriations-small><appropriations-small id="H7496AB21B719453989628AA29F92B9EE"><header>National human genome research
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to human genome research,
$520,311,000.</text>
</appropriations-small><appropriations-small id="HC6E9CF7077464F609D3B45309678AD96"><header>National institute of biomedical
imaging and bioengineering</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
biomedical imaging and bioengineering research,
$319,217,000.</text>
</appropriations-small><appropriations-small id="HE16732E806B841FDA0363332D5EC84C8"><header>National center for research
resources</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to research resources and general research
support grants,
$1,280,031,000.</text>
</appropriations-small><appropriations-small id="HE28A15C3A9704D4BBBE4BE1D9483131D"><header>National center for
complementary and alternative medicine</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to complementary and alternative medicine,
$129,953,000.</text>
</appropriations-small><appropriations-small id="H0917236120354A9B98821335108C8E1C"><header>National center on minority
health and health disparities</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to minority health and health disparities research,
$213,316,000.</text>
</appropriations-small><appropriations-small id="HF5D24D7B154F48378BAFF7F00209523C"><header>John e. fogarty international
center</header><text display-inline="no-display-inline">For carrying out the
activities of the John E. Fogarty International Center (described in subpart 2
of part E of title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name>),
$70,780,000.</text>
</appropriations-small><appropriations-small id="HB4E467016C444F288EFA69ADEDBB4FAB"><header>National library of
medicine</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> (<quote>PHS Act</quote>) with respect to health
information communications, $342,585,000, of
which $4,000,000 shall be available until
expended for improvement of information systems: <italic>Provided</italic>,
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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H238B731AEC414352A9FF94144F9EA81E"><header>Office of the
director</header><text display-inline="no-display-inline">For carrying out the
responsibilities of the Office of the Director, National Institutes of Health
(<quote>NIH</quote>), $1,168,704,000, of which
up to $25,000,000 shall be used to carry out
section 214 of this Act: <italic>Provided</italic>, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles for
replacement only: <italic>Provided further</italic>, 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 (<quote>Fund</quote>): <italic>Provided
further</italic>, That all funds credited to the Fund shall remain available
for one fiscal year after the fiscal year in which they are deposited:
<italic>Provided further</italic>, That up to
$194,400,000 shall be available for continuation
of the National Children’s Study: <italic>Provided further</italic>, That
$534,066,000 shall be available for the Common
Fund established under section 402A(c)(1) of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>): <italic>Provided further</italic>, That of the funds provided
$10,000 shall be for official reception and
representation expenses when specifically approved by the Director of the NIH:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H1076E262A1734029BFB0D76E9E1769CC"><header>Buildings and
facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H09EEA12D15214CC9AAFD729CA477617C"><header>Substance abuse and mental
health services administration</header>
</appropriations-intermediate><appropriations-small id="H65E36E37795A4591B1E6501E28AD1E46"><header>Substance abuse and mental
health services</header><text display-inline="no-display-inline">For carrying
out titles III, V, and XIX of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> (<quote>PHS Act</quote>) 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 <quote>Substance Abuse and Mental
Health Services</quote> in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act: <italic>Provided,</italic> 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further,</italic> That section 520E(b)(2) of the PHS Act shall
not apply to funds appropriated under this Act for fiscal year
2010.</text>
</appropriations-small><appropriations-intermediate id="H67DF33DFB7AD4FE4AA17DCAB9C8EF370"><header>Agency for healthcare research
and quality</header>
</appropriations-intermediate><appropriations-small id="H77CABD2CF63B4C8B9D33DD03660DE024"><header>Healthcare research and
quality</header><text display-inline="no-display-inline">For carrying out
titles III and IX of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>), part A of title XI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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:
<italic>Provided</italic>, That the amount made available pursuant to section
937(c) of the PHS Act shall not exceed
$372,053,000.</text>
</appropriations-small><appropriations-intermediate id="H11D3FCB4694F418B953577E805D72B7A"><header>Centers for medicare and
medicaid services</header>
</appropriations-intermediate><appropriations-small id="H788299766A294A41A1347A5434348C69"><header>Grants to states for
medicaid</header><text display-inline="no-display-inline">For carrying out,
except as otherwise provided, titles XI and XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name>,
$220,962,473,000, to remain available until
expended.</text><text display-inline="no-display-inline">For making, after May
31, 2010, payments to States under title XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name> for the last
quarter of fiscal year 2010 for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.</text><text display-inline="no-display-inline">For making payments to States or in the case
of section 1928 on behalf of States under title XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name> for the first
quarter of fiscal year 2011, $86,789,382,000, to
remain available until expended.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H2C1E9C070BE54E9B8032BE8C7D53188C"><header>Payments to health care trust
funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$207,296,070,000.</text><text display-inline="no-display-inline">In addition, for making matching payments
under section 1844, and benefit payments under section 1860D–16 of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, not anticipated
in budget estimates, such sums as may be
necessary.</text>
</appropriations-small><appropriations-small id="H4ED60AB05514446294EB529A7B9BFF45"><header>Program management</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, titles XI, XVIII, XIX, and XXI of the <act-name parsable-cite="SSA">Social Security Act</act-name>, titles XIII and XXVII of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name>
(<quote>PHS Act</quote>), 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 <act-name parsable-cite="SSA">Social Security Act</act-name>; together with
all funds collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
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:
<italic>Provided,</italic> 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:
<italic>Provided further,</italic> That
$35,681,000, to remain available through
September 30, 2011, shall be for contract costs for the Healthcare Integrated
General Ledger Accounting System: <italic>Provided further,</italic> That
$65,600,000, to remain available through
September 30, 2011, shall be for the Centers for Medicare and Medicaid Services
(<quote>CMS</quote>) Medicare contracting reform activities: <italic>Provided
further,</italic> That the Secretary is directed to collect fees in fiscal year
2010 from Medicare Advantage organizations pursuant to section 1857(e)(2) of
the <act-name parsable-cite="SSA">Social Security Act</act-name> and from
eligible organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: <italic>Provided
further,</italic> That $1,600,000 shall be used
for the projects, and in the amounts, specified under the heading
<quote>Program Management</quote> in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HF24B110ECE194A8F934966C9FB9892E5"><header>Health care fraud and abuse
control account</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act and for
</act-name>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 (<quote>CHIP</quote>) 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: <italic>Provided</italic>, That
the report required by section 1817(k)(5) of the <act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text>
</appropriations-small><appropriations-intermediate id="H351420BC3D1F44099E545677229C92B1"><header>Administration for children and
families</header>
</appropriations-intermediate><appropriations-small id="HDD7F13B801F149719AE7DDB29E7584BB"><header>Payments to states for child
support enforcement and family support programs</header><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text><text display-inline="no-display-inline">For making
payments to each State for carrying out the program of Aid to Families with
Dependent Children under title IV–A of the <act-name parsable-cite="SSA">Social
Security Act</act-name> before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as may be
necessary: <italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name> 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.</text>
</appropriations-small><appropriations-small id="H2CCB73DF522740AA933946A34F6C59E7"><header>Low income home energy
assistance</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H4507C173DD16462C86467993C0BEDC02"><header>Refugee and entrant
assistance</header><text display-inline="no-display-inline">For necessary
expenses for refugee and entrant assistance activities authorized by section
414 of the <act-name parsable-cite="INA">Immigration and Nationality
Act</act-name> 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: <italic>Provided</italic>, That
funds appropriated under this heading pursuant to section 414(a) of the
<act-name parsable-cite="INA">Immigration and Nationality Act,</act-name>
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.</text>
</appropriations-small><appropriations-small id="HA22B9304EC644A90A5D90B3695ABB119"><header>Payments to states for the child
care and development block grant</header><text display-inline="no-display-inline">For carrying out the
<act-name parsable-cite="CCDBGA90">Child Care and Development Block Grant Act
of 1990</act-name>, $2,127,081,000 shall be used
to supplement, not supplant State general revenue funds for child care
assistance for low-income families: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That
$9,910,000 shall be for use by the Secretary of
Health and Human Services for child care research, demonstration, and
evaluation activities.</text>
</appropriations-small><appropriations-small id="H7F5B45D09EC6424D93244C12F9A87519"><header>Social services block
grant</header><text display-inline="no-display-inline">For making grants to
States pursuant to section 2002 of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $1,700,000,000:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H0053AEAFD2FD434BA802A75F9BA36411"><header>Children and families services
programs</header>
</appropriations-small><appropriations-small id="H0EB7971E4FC544148846F1CBC2DF5152"><header>(Including transfer of
funds)</header><text display-inline="no-display-inline">For carrying out,
except as otherwise provided, the <act-name parsable-cite="RHYA">Runaway and
Homeless Youth Act</act-name>, the <act-name parsable-cite="DDA">Developmental
Disabilities Assistance and Bill of Rights Act</act-name>, the
<act-name parsable-cite="HSA">Head Start Act</act-name>, the
<act-name parsable-cite="CAPTA">Child Abuse Prevention and Treatment
Act</act-name>, 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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>; for making payments under the Community Services Block Grant
Act (<quote>CSBG Act</quote>), sections 439(i), 473B, and 477(i) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<act-name parsable-cite="SSA">Social Security Act</act-name>, the Act of July
5, 1960, the Low Income Home Energy Assistance Act of 1981, title IV of the
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act</act-name> and may be made for
adoptions completed before September 30, 2010: <italic>Provided</italic>, That
$7,234,783,000 shall be for making payments
under the <act-name parsable-cite="HSA">Head Start Act</act-name>:
<italic>Provided further</italic>, 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:<italic>
Provided further</italic>, That $746,000,000
shall be for making payments under the CSBG Act: <italic>Provided
further</italic>, That not less than $10,000,000
shall be for section 680(a)(3)(B) of the CSBG Act: <italic>Provided
further</italic>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>: <italic>Provided further,</italic> 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That these procedures shall apply to such grant funds made
available after November 29, 1999: <italic>Provided further</italic>, 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:
<italic>Provided further,</italic> 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: <italic>Provided
further,</italic> 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:
<italic>Provided further</italic>, 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: <italic>Provided further, </italic>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:<italic> Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further,</italic> That
$14,819,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Children and Families
Services Programs</quote> in the report of the Committee on Appropriations of
the House of Representatives to accompany this
Act.</text>
</appropriations-small><appropriations-small id="HA78A541AB79D4D7AB8C38E5858C69D2B"><header>Promoting safe and stable
families</header><text display-inline="no-display-inline">For carrying out
section 436 of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, $345,000,000 and section 437 of
such Act,
$63,311,000.</text>
</appropriations-small><appropriations-small id="HE0C3AD33E8104824ABB2891FB6331550"><header>Payments for foster care and
permanency</header><text display-inline="no-display-inline">For making payments
to States or other non-Federal entities under title IV–E of the
<act-name parsable-cite="SSA">Social Security Act</act-name>,
$5,532,000,000.</text><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under title IV–E of the <act-name parsable-cite="SSA">Social Security Act</act-name>, for the first quarter of
fiscal year 2011, $1,850,000,000.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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.</text>
</appropriations-small><appropriations-intermediate id="H1E8871CE02BA410C9C83FA63673C2ACE"><header>Administration on
aging</header>
</appropriations-intermediate><appropriations-small id="H66B7276CC3FC45AF9C15061A38A1C416"><header>Aging services
programs</header><text display-inline="no-display-inline">For carrying out, to
the extent not otherwise provided, the <act-name parsable-cite="OAA65">Older
Americans Act of 1965</act-name>, section 398 and title XXIX of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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: <italic>Provided</italic>, That
$5,079,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Aging Services
Programs</quote> in the report of the Committee on Appropriations of the House
of Representatives to accompany this Act.</text>
</appropriations-small><appropriations-intermediate id="H71ABB1E4CA834D69858698E0D4A0CF98"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="H9D38A8C6B59146EE93A4CD4B415DD874"><header>General departmental
management</header>
</appropriations-small><appropriations-small id="H96E9C5D9F7CE4EA58DFB7BB6D9393D15"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), the United States-Mexico Border Health Commission Act, and
research studies under section 1110 of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $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 <act-name parsable-cite="SSA">Social
Security Act</act-name> 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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, That such
services shall be provided consistent with 42 CFR 59.5(a)(4): <italic>Provided
further</italic>, That $700,000 shall be used
for the projects, and in the amounts, specified under the heading
<quote>General Departmental Management</quote> in the report of the Committee
on Appropriations of the House of Representatives to accompany this Act:
<italic>Provided further</italic>, 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
(<quote>Committees on Appropriations</quote>) in a prompt, professional manner
and within the time frame specified in the request: <italic>Provided
further,</italic> 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.</text>
</appropriations-small><appropriations-small id="H84EFE81F5CEF46AEB7C7DBC3904C2233"><header>Office of medicare hearings and
appeals</header><text display-inline="no-display-inline">For expenses necessary
for administrative law judges responsible for hearing cases under title XVIII
of the <act-name parsable-cite="SSA">Social Security Act</act-name> (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.</text>
</appropriations-small><appropriations-small id="H1DBD623E27A5446ABE56A5CF1996921A"><header>Office of the national
coordinator for health information technology </header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HC3994A9B43E64B1296764291949E98D5"><header>Office of inspector
general</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HA96A8EFA26AA48118049CDE24909373E"><header>Office for civil
rights</header><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund.</text>
</appropriations-small><appropriations-small id="HC71E527F7B13484A963987D329A3FC90"><header>Retirement pay and medical
benefits for commissioned officers</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H811FE4D336954D9989862B93CEF3F989"><header>Public health and social
services emergency fund</header>
</appropriations-small><appropriations-small id="H8816EA53A89A42A0ADCFB283198E66F5"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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 <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>),
$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: <italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">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 <quote>Biodefense Countermeasures</quote>
in the Department of Homeland Security Appropriations Act, 2004, to remain
available through September 30, 2011.</text><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text><text display-inline="no-display-inline">All
remaining balances from funds appropriated under the heading <quote>Biodefense
Countermeasures</quote> 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:
<italic>Provided</italic>, That products purchased with these funds shall be
deposited in the Strategic National Stockpile under section 319F–2(a) of the
PHS Act.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H3D7F5A69C8664B049F82F4B26B0E3929"><header>General
provisions</header>
</appropriations-intermediate><section id="HEBEA0FB940524B6DA5197FB535EC9DD2"><enum>201.</enum><text>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.</text>
</section><section id="HAB53934A6C9C4990A8E66B127AB5DD5E"><enum>202.</enum><text>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.</text>
</section><section id="HA40940BE299744F1BBDD04A0C4BC39B7"><enum>203.</enum><text>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.</text>
</section><section id="HC2CADE526EC94BBD8C227A76CCB13BFD"><enum>204.</enum><text>None of the funds
appropriated in this Act may be expended pursuant to section 241 of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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.</text>
</section><section id="HC6C779ED81344961A96D91E76BF6DCF2"><enum>205.</enum><text>Notwithstanding
section 241(a) of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name>, 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.</text>
<appropriations-small id="HD040021898154042B817C15FBEBCB685"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H4BA6559B5D394420849AAF4407672D87"><enum>206.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
<appropriations-small id="H4781B6DE903A45DF8FAAE6978C9C684C"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H18110C94F4944B279CCE3F5D8E111188"><enum>207.</enum><text>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: <italic>Provided</italic>, That
the Committees on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.</text>
<appropriations-small id="HFD32B32B605D4DBDBF8EF635272B8B73"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H3CE6DD7CBEEC4781A906765BC450B0B5"><enum>208.</enum><text>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 <quote>Office of AIDS
Research</quote> 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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name>.</text>
</section><section id="HB98D320732D14A289B6BA8974E90EA0B"><enum>209.</enum><text>None of the funds
appropriated in this Act may be made available to any entity under title X of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> 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.</text>
</section><section id="HECFFE5161B1747CE9139801F10A54A33"><enum>210.</enum><text>Notwithstanding
any other provision of law, no provider of services under title X of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> shall be
exempt from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.</text>
</section><section id="HE24C82CD777B46488113214498BC75C8"><enum>211.</enum><text>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: <italic>Provided</italic>,
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):
<italic>Provided further</italic>, 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.</text>
</section><section id="H32A5F5CE5C954CA7A820DF5838F829CF"><enum>212.</enum><subsection commented="no" display-inline="yes-display-inline" id="H86B7D2753CC341B2B6616B40B0C7053A"><enum>(a)</enum><text>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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name>
(<quote>PHS Act</quote>) 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.</text>
</subsection><subsection changed="deleted" id="H2653E69BE2894799897C065BE9482029" reported-display-style="strikethrough"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H4325C3E5B80143868EFD486E799DFAA0" reported-display-style="strikethrough"><enum>(c)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H7BE8B0B6EF34492B9FB7F2A50B1F966E" reported-display-style="strikethrough"><enum>(d)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="HB0A554E6758146058B20F064491F97D0" reported-display-style="strikethrough"><enum>(e)</enum><text>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-name parsable-cite="PHSA"> Act</act-name> from a territory that receives less than
$1,000,000.</text>
</subsection></section><section id="HBCCD4416CD104A4DB12BBECFD7ACB2B3"><enum>213.</enum><text>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:</text>
<paragraph id="H863C3EB0B26D4F09A39A0343FEF80A88"><enum>(1)</enum><text>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
<act-name parsable-cite="SDBAA">State Department Basic Authorities Act of
1956</act-name>. 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 <act-name parsable-cite="FSA80">Foreign Service Act of
1980</act-name> and other applicable statutes administered by the Department of
State.</text>
</paragraph><paragraph id="H72BC1B9BEACE4C9A975A6F4CCCF018FD"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="HCADEB5D632114D898C3694E0E36A6870"><enum>214.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2B59DEF2885D4075BC382F8B3445597C"><enum>(a)</enum><header>Authority</header><text>Notwithstanding
any other provision of law, the Director of the National Institutes of Health
(<quote>Director</quote>) may use funds available under section 402(b)(7) or
402(b)(12) of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>) 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).</text>
</subsection><subsection changed="deleted" id="HC21CE9DA713D406C8C1F0C92BC12F51A" reported-display-style="strikethrough"><enum>(b)</enum><header>Peer
review</header><text>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.</text>
</subsection></section><section display-inline="no-display-inline" id="H4580C54F3EB44A95BB69CFC8CFB8121F" section-type="subsequent-section"><enum>215.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="H6AECF926EC9F4371A8F984985B915DA1"><enum>216.</enum><text>Not to exceed
$35,000,000<italic></italic> 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.</text>
<appropriations-small id="H218119C3261C43EAAAD08DD56073572C"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="HB3BA2582A2BB4B6E8BA3CD1994CBB658"><enum>217.</enum><text>Of the amounts
made available for the National Institutes of Health, 1 percent of the amount
made available for National Research Service Awards (<quote>NRSA</quote>) 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 <act-name parsable-cite="PHSA">Public Health Service
Act</act-name>, 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.</text>
<appropriations-small id="HC3AE6532402F43179355C61DE87CD31C"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Health and Human
Services Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section><enum>III</enum><header>Department of
education</header>
<appropriations-intermediate id="H7637F4B5D25D4F69BADADDCBC46E530A"><header>Education for the
disadvantaged</header><text display-inline="no-display-inline">For carrying out
title I of the <act-name parsable-cite="ESEA">Elementary and Secondary
Education Act of 1965</act-name> (<quote>ESEA</quote>) and section 418A of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>,
$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: <italic>Provided</italic>, That
$6,597,946,000 shall be for basic grants under
section 1124 of the ESEA: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That
$1,365,031,000 shall be for concentration grants
under section 1124A of the ESEA: <italic>Provided further</italic>, That
$3,264,712,000 shall be for targeted grants
under section 1125 of the ESEA: <italic>Provided further</italic>, That
$3,264,712,000 shall be for education finance
incentive grants under section 1125A of the ESEA: <italic>Provided
further</italic>, That $9,167,000 shall be to
carry out sections 1501 and 1503 of the ESEA: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HBF1F814370FB472593FF1961823DA9DE"><header>Impact aid</header><text display-inline="no-display-inline">For carrying out programs of financial
assistance to federally affected schools authorized by title VIII of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $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: <italic>Provided</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H1FFB69E52AF94776BB2EEC47A7551651"><header>School improvement
programs</header><text display-inline="no-display-inline">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 <act-name parsable-cite="ESEA">Elementary and Secondary Education Act of 1965</act-name>
(<quote>ESEA</quote>); 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 <act-name parsable-cite="CRA64">Civil Rights Act of 1964</act-name>,
$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: <italic>Provided,</italic> 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: <italic>Provided further</italic>, That funds made
available to carry out part C of title VII of the ESEA may be used for
construction: <italic>Provided further</italic>, That the Secretary shall
implement part C of title VII of the ESEA without regard to the requirements of
section 7304(d)(2): <italic>Provided further</italic>, 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: <italic>Provided further,</italic> That
$57,113,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002:
<italic>Provided further</italic>, That
$26,328,000 shall be available to carry out part
D of title V of the ESEA: <italic>Provided further</italic>, That no funds
appropriated under this heading may be used to carry out section 5494 under the
ESEA: <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H30E51404BCD64AB78469A67BF4EC132D"><header>Indian education</header><text display-inline="no-display-inline">For expenses necessary to carry out, to the
extent not otherwise provided, title VII, part A of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>,
$132,282,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H9D95E9D83A39411F9D157F82B0504902"><header>Innovation and
improvement</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<quote>ESEA</quote>), and by part F of title VIII of the
Higher Education Act of 1965, $1,353,363,000
(reduced by $6,000,000):
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That
$666,530,000 (reduced by
$9,000,000) shall be available to carry out part
D of title V of the ESEA: <italic>Provided further</italic>, That
$51,732,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Innovation and
Improvement</quote> in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H8BD58F937BED4053B8D11628A3485E39"><header>State fiscal stabilization fund,
recovery act</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H86DC80EB64D2451AA105F8F5723E3C35"><header>Safe schools and citizenship
education</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $395,753,000:
<italic>Provided</italic>, 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 (<quote>Project
SERV</quote>) 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:
<italic>Provided further</italic>, That
$133,000,000 shall be available to carry out
part D of title V: <italic>Provided further,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H24FA84BEFD534832BFD101AFC296FA76"><header>English language
acquisition</header><text display-inline="no-display-inline">For carrying out
part A of title III of the <act-name parsable-cite="ESEA">Elementary and
Secondary Education Act of 1965</act-name>,
$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): <italic>Provided,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2366A70E85E54DBC9E0F6CCD4485F9A3"><header>Special education</header><text display-inline="no-display-inline">For carrying out the Individuals with
Disabilities Education Act (<quote>IDEA</quote>) 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: <italic>Provided</italic>, 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: <italic>Provided further,</italic> 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2FF06CAA91A84905A9D846003E2ADDAB"><header>Rehabilitation services and
disability research</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> That $2,570,000 shall
be used for the projects, and in the amounts, specified under the heading
<quote>Rehabilitation Services and Disability Research</quote> in the report of
the Committee on Appropriations of the House of Representatives to accompany
this Act.</text>
</appropriations-intermediate><appropriations-intermediate id="HC1BB6B1D43B94E8F801D7934141B86AD"><header>Special institutions for persons
with disabilities</header>
</appropriations-intermediate><appropriations-small id="H988060905C3D4BE6AE31F0CEAC951358"><header>American printing house for the
blind</header><text display-inline="no-display-inline">For carrying out the Act
of March 3, 1879,
$22,599,000.</text>
</appropriations-small><appropriations-small id="HB532E416FAF8499D8F2D8596246A6638"><header>National technical institute for
the deaf</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-small id="HBDD7BD537495499ABA34E0A2DC1A58C7"><header>Gallaudet
university</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="HC0FA1621B2FC47E9ADA1255C034717CD"><header>Career, technical, and adult
education</header><text display-inline="no-display-inline">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
(<quote>AEFLA</quote>), subpart 4 of part D of title V of the Elementary and
Secondary Education Act of 1965 (<quote>ESEA</quote>) 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:
<italic>Provided</italic>, 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> That the additional
funds provided to States to correct the administrative error shall not be
considered in determining the <quote>hold harmless</quote> amounts under
section 211(f) of the AEFLA for fiscal year 2011 or subsequent fiscal years:
<italic>Provided further,</italic> 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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> That
of the amounts made available for AEFLA,
$11,346,000 shall be for national leadership
activities under section 243: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H7F87ED1E5D9049B49C6ECFC94C1F42AC"><header>Student financial
assistance</header>
</appropriations-intermediate><appropriations-small id="H3A7198ED27FB473699D8D640FC33DD74"><header>(including deferral of
funds)</header><text display-inline="no-display-inline">For carrying out
subparts 1, 3, and 4 of part A, part C and part E of title IV of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>,
$19,634,905,000, which shall remain available
through September 30, 2011.</text><text display-inline="no-display-inline">The
maximum Pell Grant for which a student shall be eligible during award year
2010–2011 shall be $4,860.</text><text display-inline="no-display-inline">Of the funds made available under section
401A(e)(1)(D) of the <act-name parsable-cite="HEA65">Higher Education Act of
1965</act-name>, $511,000,000 shall not be
available until October 1, 2010.</text>
</appropriations-small><appropriations-intermediate id="H7FB817BBC4444EFF9F8DAD328B4AD898"><header>Student aid
administration</header><text display-inline="no-display-inline">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
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>,
$870,402,000, which shall remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="H423476A3FC5D4DBB9B88D132ED1F2CD9"><header>Higher education</header><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (<quote>HEA</quote>), 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): <italic>Provided,</italic> 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: <italic>Provided further,</italic> 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:
<italic>Provided further,</italic> 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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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 (<quote>HEOA</quote>),
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: <italic>Provided further,</italic> 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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic>
That the Secretary of Education shall identify these scholarships as
<quote>Erma Byrd Scholarships</quote>: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided
further,</italic> That the Secretary shall be authorized to accept
contributions for such scholarships from private sources: <italic>Provided
further,</italic> That these funds shall be used for scholarships for academic
year 2010–2011 and may be available for scholarships in academic year
2011–2012: <italic>Provided further</italic>, 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: <italic>Provided further,
</italic>That $68,247,000 shall be used for the
projects, and in the amounts, specified under the heading <quote>Higher
Education</quote> in the report of the Committee on Appropriations of the House
of Representatives to accompany this Act.</text>
</appropriations-intermediate><appropriations-intermediate id="HC50A3DD0F1EB46C4A857663E760CB88F"><header>Howard University</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HEC2DB34A46D2405F83A31A623F7BED4E"><header>College housing and academic
facilities loans program</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H0E43F34E345D425BAFBC527FF2F591BB"><header>Historically Black College and
University Capital Financing Program Account</header><text display-inline="no-display-inline">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 (<quote>HEA</quote>):
<italic>Provided,</italic> That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further,</italic> That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed, not to
exceed
$178,221,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HC210C962F9214DCBA3A381F764470031"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HD565CB794B3D4FCB8B8BD430E177A4F6"><header>Institute of education
sciences</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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: <italic>Provided further,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H458A0A68A5954ED1B386AEAF980D13E4"><header>Departmental
management</header>
</appropriations-intermediate><appropriations-small id="H49FF9B2166534ECA9BE5EC571215A645"><header>Program
administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H582CF237B49544BF98141699458856B9"><header>Office for civil
rights</header><text display-inline="no-display-inline">For expenses necessary
for the Office for Civil Rights, as authorized by section 203 of the Department
of Education Organization Act,
$103,024,000.</text>
</appropriations-small><appropriations-small id="H73BC4D4BAD2D4F248FDC3719C1F05DA9"><header>Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HE33C894A30D84DD0BFFECE24FE8DD749"><header>General
provisions</header>
</appropriations-intermediate><section id="H54A99CAAEF704EE0B8A3329EE003D53B"><enum>301.</enum><text>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.</text>
</section><section id="HD04D3FDE06A24519BEF67A5A3FBBD9CD"><enum>302.</enum><text display-inline="yes-display-inline">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
<act-name parsable-cite="CRA64">Civil Rights Act of 1964</act-name>. 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.</text>
</section><section id="HE448E315AE894E09B95DF6B036DF29DB"><enum>303.</enum><text>No funds
appropriated in this Act may be used to prevent the implementation of programs
of voluntary prayer and meditation in the public schools.</text>
<appropriations-small id="HBB1000386E474DC8A963DA2AB45A2948"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H9FC84BE1C27049C28C571DC72CBAEA67"><enum>304.</enum><text>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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, That the
Committees on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.</text>
</section><section id="H504A6F876F7A40849E51F89F79737E81"><enum>305.</enum><text>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.</text>
</section><section id="H7D95D1FDF2DF4168914532757C9C2080"><enum>306.</enum><text display-inline="yes-display-inline">None of the funds made available in the
fifth proviso under the heading <quote>Innovation and Improvement</quote> 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.</text>
</section><section id="H8DD7645DC53B4860AC6870A9C0AF62C8" section-type="subsequent-section"><enum>307.</enum><text display-inline="yes-display-inline">Section 14007 of division A of the American
Recovery and Reinvestment Act of 2009 is amended—</text>
<paragraph id="H8D28458504E54A91B85B13C95C618575"><enum>(1)</enum><text display-inline="yes-display-inline">by amending subsection (a)(3) to read as
follows:</text>
<quoted-block changed="deleted" display-inline="no-display-inline" id="H824A88DEBF924CEF9958341D19FDBA92" reported-display-style="strikethrough" style="OLC">
<paragraph id="H94A6F4DF24474199A2EA1892DCBC542B"><enum>(3)</enum><header>Purpose of
awards</header><text display-inline="yes-display-inline">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—</text>
<subparagraph id="H922680F55F48469F9FD71D2E156C7109"><enum>(A)</enum><text display-inline="yes-display-inline">expand their work and serve as models for
best practices; and</text>
</subparagraph><subparagraph id="H50AC0C19A5794E33A77144A97976115B"><enum>(B)</enum><text display-inline="yes-display-inline">work in partnership with the private sector
and the philanthropic
community.</text>
</subparagraph></paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H1384D629B0B140B78F7546A9357C2EFC"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (b)—</text>
<subparagraph id="H457C23CFE27E434E8AC9E8F48EE0DA6B"><enum>(A)</enum><text display-inline="yes-display-inline">by redesignating paragraphs (1) through (4)
as paragraphs (1)(A), (1)(B), (2), and (3), respectively;</text>
</subparagraph><subparagraph id="HBBFFFC7765544F06B54207D859974100"><enum>(B)</enum><text display-inline="yes-display-inline">in paragraph (1)(A), as so redesignated, by
inserting “or” after the semicolon;</text>
</subparagraph><subparagraph id="HE100028CB8874A3DBD293AB908CD82B0"><enum>(C)</enum><text display-inline="yes-display-inline">by amending paragraph (1)(B), as so
redesignated, to read as follows:</text>
<quoted-block changed="deleted" display-inline="no-display-inline" id="HB1CB6F3D82E04C5CA3EFE4559D06A540" reported-display-style="strikethrough" style="OLC">
<subparagraph id="H682E5BC1B18C44FFA792A7ECC60916AC" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">have demonstrated success in significantly
increasing student academic achievement for all groups of students described in
such section;</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="H04BA5E51527242AEB8842234B1DD78C9"><enum>(D)</enum><text display-inline="yes-display-inline">in paragraph (3), as so redesignated, by
striking “they have established partnerships” and inserting “it has established
one or more partnerships”;</text>
</subparagraph></paragraph><paragraph id="HAC409744D64D49C5BE3145449823074A"><enum>(3)</enum><text display-inline="yes-display-inline">in subsection (c), by striking
<quote>paragraphs</quote> and all that follows through <quote>such
requirements</quote> and inserting <quote>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</quote>;
and</text>
</paragraph><paragraph id="H34EF133437D94EA6AFB320156BDD2756"><enum>(4)</enum><text display-inline="yes-display-inline">by adding at the end a new subsection (d)
to read as follows:</text>
<quoted-block changed="deleted" display-inline="no-display-inline" id="H9FEEE05784C2470C844319250E99799B" reported-display-style="strikethrough" style="OLC">
<subsection id="H5BD86D840BC3436E8D116635A35C022C"><enum>(d)</enum><header>Subgrants</header><text display-inline="yes-display-inline">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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><appropriations-small id="H028C701FBC2F4DFE89A82C8E280B948A"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Education Appropriations
Act, 2010</short-title></quote>.</text>
</appropriations-small><enum>IV</enum><header>Related
agencies</header>
<appropriations-intermediate id="H07DB0A8E19094098B1922AF0B0787160"><header>Committee for purchase from
people who are blind or severely
disabled</header>
</appropriations-intermediate><appropriations-small id="HEA302F49457947F0AFACA229F92487E6"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H5C4A38ECE340440D9C41A59C0E6F4C41"><header>Corporation for national and
community service</header>
</appropriations-intermediate><appropriations-small id="H20D932DB3C5C46A0A02B85A8EB231DEE"><header>Operating
expenses</header>
</appropriations-small><appropriations-small id="H97B4CD934B9A484A9761B2D4210ADFAD"><text display-inline="no-display-inline">For necessary expenses for the Corporation
for National and Community Service (<quote>the Corporation</quote>) to carry
out the Domestic Volunteer Service Act of 1973 (<quote>1973 Act</quote>) and
the National and Community Service Act of 1990 (<quote>1990 Act</quote>),
$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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H88C1881E774E49D59B80540E3871A301"><header>National service
trust</header>
</appropriations-small><appropriations-small id="H0F3AED9F60344B6588C13D67A42AF4EA"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for the National Service Trust established under subtitle D of title I of the
National and Community Service Act of 1990 (<quote>1990 Act</quote>),
$178,214,000, to remain available until
expended: <italic>Provided</italic>, That the Corporation for National and
Community Service may transfer additional funds from the amount provided within
<quote>Operating Expenses</quote> 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: <italic>
Provided further</italic>, 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).</text>
</appropriations-small><appropriations-small id="H9DC4F25EE1AC4207ABF6B14A0415E0DF"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H57F96074E3A24A918ED56AE01D293605"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the Inspector General Act of
1978, $7,700,000.</text>
</appropriations-small><appropriations-small id="H93449A707B6E4EED8B23FC5CEB55825F"><header>Administrative
provisions</header>
</appropriations-small><section id="H6180F643632B48269D2EA3472F0D382B"><enum>401.</enum><text>The Corporation
for National and Community Service (<quote>the Corporation</quote>) 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.</text>
</section><section id="HB5CEA5D08FA148F0A9E1D3BDC17B3FFB"><enum>402.</enum><text>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.</text>
</section><section id="H9CB8796B061349FCA5A43DED902C5556"><enum>403.</enum><text>Donations made to
the Corporation for National and Community Service under section 196 of the
National and Community Service Act of 1990 (<quote>1990 Act</quote>) 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.</text>
<appropriations-intermediate id="H9CDA422C3FD242E98F21142DAB807328"><header>Corporation for public
broadcasting</header><text display-inline="no-display-inline">For payment to
the Corporation for Public Broadcasting (<quote>Corporation</quote>), as
authorized by the <act-name parsable-cite="CA34">Communications Act of
1934</act-name>, an amount which shall be available within limitations
specified by that Act, for the fiscal year 2012,
$440,000,000: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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:</text>
<paragraph id="H56F5EAAFBBF74FF99E479B5246EB5111"><enum>(1)</enum><text>$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.</text>
</paragraph><paragraph id="HE4A492655F28445AB987F4702E3FA7C9"><enum>(2)</enum><text>$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.</text>
</paragraph></appropriations-intermediate><appropriations-intermediate id="H783789732hfdhfshkfhds7438974374973hrekhfksd"><text display-inline="no-display-inline">In addition, for fiscal year 2010,
$25,000,000 is available pursuant to section
396(k)(10) of the <act-name parsable-cite="CA34">Communications Act of
1934</act-name> for replacement and upgrade of the public radio interconnection
system.</text>
</appropriations-intermediate><appropriations-intermediate id="HF24168C5D4024A10BB0012A64E32F876"><header>Federal mediation and
conciliation service</header>
</appropriations-intermediate><appropriations-small id="HEA42AF91FC8A48889285C3CCFC42511F"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary for the Federal Mediation and Conciliation Service
(<quote>Service</quote>) 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: <italic>Provided,</italic> 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: <italic>Provided
further,</italic> That fees for arbitration services shall be available only
for education, training, and professional development of the agency workforce:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="H1ECAD2D19B184BF78BCE8F7B64AB9850"><header>Federal mine safety and health
review commission</header>
</appropriations-intermediate><appropriations-small id="HE38B011970AC465B9F272661EB483C22"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary for the Federal Mine Safety and Health Review Commission,
$9,858,000.</text>
</appropriations-small><appropriations-intermediate id="HA26EF390FD074EC4A32A4C6F355753C4"><header>Institute of museum and library
services</header>
</appropriations-intermediate><appropriations-small id="H2E88E3BFC5BE484AA0CD8B67328708BF"><header>Office of museum and library
services: grants and administration</header><text display-inline="no-display-inline">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 <quote>Office of Museum and Library
Services: Grants and Administration</quote> in the report of the Committee on
Appropriations of the House of Representatives accompanying this
Act.</text>
</appropriations-small><appropriations-intermediate id="H36E4891ACA3E4FE592DA851F7758CBB6"><header>Medicare payment advisory
commission</header>
</appropriations-intermediate><appropriations-small id="H35480FAF1FEC401D99EA4B9703BBD18A"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary to carry out section 1805 of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $11,800,000, to be
transferred to this appropriation from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund.</text>
</appropriations-small><appropriations-intermediate id="H5042CAEAFAF2457697561B04D60AD120"><header>National council on
disability</header>
</appropriations-intermediate><appropriations-small id="HEE25E37B9C2A412D89CDFE67CFEE5021"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary for the National Council on Disability as authorized by title IV of
the <act-name parsable-cite="REH">Rehabilitation Act of 1973</act-name>,
$3,271,000.</text>
</appropriations-small><appropriations-intermediate id="H36FA1A61247F41FA979C20D4FB9A4B5A"><header>National labor relations
board</header>
</appropriations-intermediate><appropriations-small id="HE136BE075EF24099BD9D958BE7A37C27"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="HAC83384704B34AF095E0D502F66D148B"><header>National mediation
board</header>
</appropriations-intermediate><appropriations-small id="H405AAD9A57474326A0629268C827969A"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary to carry out the provisions of the Railway Labor Act, including
emergency boards appointed by the President,
$12,992,000.</text>
</appropriations-small><appropriations-intermediate id="HABC4C0C554F24904BB01BAD5044C9206"><header>Occupational safety and health
review commission</header>
</appropriations-intermediate><appropriations-small id="H42EFE07F72E6410AAEC535730964893D"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary for the Occupational Safety and Health Review Commission,
$11,712,000.</text>
</appropriations-small><appropriations-intermediate id="H1524B63ACB5E4B94A6FD6EDA8FD709FD"><header>Railroad retirement
board</header>
</appropriations-intermediate><appropriations-small id="H3D0808DB28F8421DB22FB88CD17742E5"><header>Dual benefits payments
account</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H4F9954A1D84A4E9DA1CA33423640CD20"><header>Federal payments to the railroad
retirement accounts</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H1F9A026034DE435B8616EEBE571859D0"><header>Limitation on
administration</header><text display-inline="no-display-inline">For necessary
expenses for the Railroad Retirement Board (<quote>Board</quote>) 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.</text>
</appropriations-small><appropriations-small id="H19527C83765A4D03ABEC450DA027743C"><header>Limitation on the office of
inspector general</header><text display-inline="no-display-inline">For expenses
necessary for the Office of Inspector General (<quote>Office</quote>) 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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="H06BFDB630B01499780E9C80378083C81"><header>Social security
administration</header>
</appropriations-intermediate><appropriations-small id="HFBBD71F1463A43259F23881E29EC4D37"><header>Payments to social security
trust funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$20,404,000.</text>
</appropriations-small><appropriations-small id="H577E1DDA9D6F4588967F859E9B3C04FF"><header>Supplemental security income
program</header><text display-inline="no-display-inline">For carrying out
titles XI and XVI of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, $34,742,000,000, to remain
available until expended: <italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">For making, after June 15 of the current
fiscal year, benefit payments to individuals under title XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, for unanticipated
costs incurred for the current fiscal year, such sums as may be
necessary.</text><text display-inline="no-display-inline">For making benefit
payments under title XVI of the <act-name parsable-cite="SSA">Social Security
Act</act-name> for the first quarter of fiscal year 2011,
$16,000,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HC6FC975E2F09457E81E5849DCA9A5707"><header>Limitation on administrative
expenses</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, from any one or all of the trust funds referred to therein:
<italic>Provided</italic>, That not less than
$2,300,000 shall be for the Social Security
Advisory Board: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name> and for the cost associated
with conducting redeterminations of eligibility under title XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>.</text><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H220B365452994231B7F7A8E938C622F7"><header>Office of inspector
general</header>
</appropriations-small><appropriations-small id="H4F62BF9DF1B246929BD7693A51C195A2"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund.</text><text display-inline="no-display-inline">In addition, an
amount not to exceed 3 percent of the total provided in this appropriation may
be transferred from the <quote>Limitation on Administrative Expenses</quote>,
Social Security Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
<italic>Provided,</italic> That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of Representatives
and the Senate.</text>
</appropriations-small></section><enum>V</enum><header>GENERAL
PROVISIONS</header>
<appropriations-small id="H83FC863B1425485EBF3EC500B6A3D582"><header>(transfer of
funds)</header>
</appropriations-small><section id="H417868AFCE3B4E21B8D5B3A500BB54D9"><enum>501.</enum><text>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.</text>
</section><section id="H7490F5540EBB49EE8F59F1300FF96E32"><enum>502.</enum><text>No part of any
appropriation contained in this Act shall remain available for obligation
beyond the current fiscal year unless expressly so provided herein.</text>
</section><section id="H3725DFE06EEA4CBFAC81D6CB32C3AED2"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="H72E37C2EE41848679ECCBA72E024B981"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H98E4B640AD9D4FD38F297ED808E752BA" reported-display-style="strikethrough"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="HC3BBF384576744EA8993604F63A3407C"><enum>504.</enum><text>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 <quote>Federal Mediation and Conciliation Service,
Salaries and Expenses</quote>; 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 <quote>National Mediation Board, Salaries and
Expenses</quote>.</text>
</section><section id="H3FFA634753E4466592DAEDA93682336A"><enum>505.</enum><text>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—</text>
<paragraph id="HC6ABE84E3436441C965B7004F32544B8"><enum>(1)</enum><text>the percentage of
the total costs of the program or project which will be financed with Federal
money;</text>
</paragraph><paragraph id="H139B74680E5147139CBC9AFA691A5650"><enum>(2)</enum><text>the dollar amount
of Federal funds for the project or program; and</text>
</paragraph><paragraph id="HD339C4EA73A74194BAF16D67345DBC15"><enum>(3)</enum><text>percentage and
dollar amount of the total costs of the project or program that will be
financed by non-governmental sources.</text>
</paragraph></section><section id="H8B46102A24CA4A0890D04E968214D25A"><enum>506.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0C446B15EBDB4A90AFC323FECA3C4AB3"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="HF655C6F1B2CB4DC28884CDD7EE6769CA" reported-display-style="strikethrough"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H77FDE9A5B7974AC7AD325F67086A0481" reported-display-style="strikethrough"><enum>(c)</enum><text>The term
<term>health benefits coverage</term> means the package of services covered by
a managed care provider or organization pursuant to a contract or other
arrangement.</text>
</subsection></section><section id="HE86D142D5B54431E957931A1A24A8B21"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="H214DA95F1D4C4F99B7905AAB1F6D26D2"><enum>(a)</enum><text>The limitations
established in the preceding section shall not apply to an abortion—</text>
<paragraph changed="deleted" id="H701531F4CD1848069C669B7FDAF612D4" reported-display-style="strikethrough"><enum>(1)</enum><text>if the pregnancy
is the result of an act of rape or incest; or</text>
</paragraph><paragraph changed="deleted" id="H49A641163359418588D24C523F12C30A" reported-display-style="strikethrough"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="deleted" id="H6ABC6032DF9F486CB585279A1C1EABF0" reported-display-style="strikethrough"><enum>(b)</enum><text>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).</text>
</subsection><subsection changed="deleted" id="H6AADC2E89CE641A6AE06791B522319AE" reported-display-style="strikethrough"><enum>(c)</enum><text>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).</text>
</subsection><subsection changed="deleted" id="H65AE73BCE99E443A81558E8134E69723" reported-display-style="strikethrough"><enum>(d)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H053D359CEF32414A8BC20F22A7D68394"><enum>(1)</enum><text>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.</text>
</paragraph></subsection><subsection changed="deleted" id="H20ABBB1414904D15B9BD6CF55E893DED" reported-display-style="strikethrough"><enum>(2)</enum><text>In this
subsection, the term <term>health care entity</term> 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.</text>
</subsection></section><section id="HC39FCD4376FE466BAF31CD2C8B9F6A2D"><enum>508.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD4CC0D9F7764477AB92A9F8CF9BB2158"><enum>(a)</enum><text>None of the funds made
available in this Act may be used for—</text>
<paragraph changed="deleted" id="H575B5636D25B45BBA9D2159F948A6B6E" reported-display-style="strikethrough"><enum>(1)</enum><text>the creation of a
human embryo or embryos for research purposes; or</text>
</paragraph><paragraph changed="deleted" id="H0DFCC029F96F4D7198BB4A5524C0905C" reported-display-style="strikethrough"><enum>(2)</enum><text>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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (42 U.S.C.
289g(b)).</text>
</paragraph></subsection><subsection changed="deleted" id="H28EA169B670C4C33BBF4BAC30DA7C988" reported-display-style="strikethrough"><enum>(b)</enum><text>For purposes of
this section, the term <term>human embryo or embryos</term> 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.</text>
</subsection></section><section id="H322EA88F3B624E48AEDA24944A52DF3B"><enum>509.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF75DAE5E4F6B426BAD43F99E94D1A08E"><enum>(a)</enum><text>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
<act-name parsable-cite="CSA">Controlled Substances Act</act-name> except for
normal and recognized executive-congressional communications.</text>
</subsection><subsection changed="deleted" id="HCA625FB6562041398F605342C24B175E" reported-display-style="strikethrough"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="H3A702A1064924619A0F499FD4C8315F9"><enum>510.</enum><text>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 <act-name parsable-cite="SSA">Social
Security Act</act-name> 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.</text>
</section><section id="H1F1C3B4B5B624F818D633A09CF8DDEE0"><enum>511.</enum><text>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—</text>
<paragraph id="H89F83723438047C796D54B836E737913"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H7833AEB5208F4F4E851B6ED8231AABC7"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="H2869AA35116F4A73BF944868623C926A"><enum>512.</enum><text>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.</text>
</section><section id="H3B7451F7A3D84E81B9CFB212A1081960"><enum>513.</enum><text>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.</text>
</section><section id="H95D3248224014407BC43A735857BBF14"><enum>514.</enum><text>None of the funds
made available by this Act to carry out part D of title II of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> 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.</text>
</section><section id="H9F75EA12C67D49768F9A7653B6FC5C64"><enum>515.</enum><subsection commented="no" display-inline="yes-display-inline" id="HAFBF62B726F448F0B9EBDBBAEFF62512"><enum>(a)</enum><text>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—</text>
<paragraph changed="deleted" id="HCA84E0186DD44D059AA737027FF91A23" reported-display-style="strikethrough"><enum>(1)</enum><text>creates new
programs;</text>
</paragraph><paragraph changed="deleted" id="HC91221231130461F958B2878C4CED967" reported-display-style="strikethrough"><enum>(2)</enum><text>eliminates a
program, project, or activity;</text>
</paragraph><paragraph changed="deleted" id="H17ECD45C440C45E4BE276C3068C27537" reported-display-style="strikethrough"><enum>(3)</enum><text>increases funds or
personnel by any means for any project or activity for which funds have been
denied or restricted;</text>
</paragraph><paragraph changed="deleted" id="H3CC9220111E443FEB91B28B95862590A" reported-display-style="strikethrough"><enum>(4)</enum><text>relocates an
office or employees;</text>
</paragraph><paragraph changed="deleted" id="HAA356228EC564795BE92331FF1041A5C" reported-display-style="strikethrough"><enum>(5)</enum><text>reorganizes or
renames offices;</text>
</paragraph><paragraph changed="deleted" id="HF85A20FB01D445F3A9284454AAA8DD62" reported-display-style="strikethrough"><enum>(6)</enum><text>reorganizes
programs or activities; or</text>
</paragraph><paragraph changed="deleted" id="H5B86D1EE802F4D5CB525A3AA54083CF2" reported-display-style="strikethrough"><enum>(7)</enum><text>contracts out or
privatizes any functions or activities presently performed by Federal
employees;</text>
</paragraph><continuation-text changed="deleted" continuation-text-level="subsection" reported-display-style="strikethrough">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.</continuation-text></subsection><subsection changed="deleted" id="H56753458AD594BF4888A07B9E560FD4D" reported-display-style="strikethrough"><enum>(b)</enum><text>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—</text>
<paragraph id="HC0E0624E46E444B090CD421563A4D389"><enum>(1)</enum><text>augments existing
programs, projects (including construction projects), or activities;</text>
</paragraph><paragraph id="H9574A065A0954C80B1FB2ED247E76817"><enum>(2)</enum><text>reduces by 10
percent funding for any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by Congress; or</text>
</paragraph><paragraph id="HFE7450D34CF14EE5AD9613A621995B21"><enum>(3)</enum><text>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;</text>
</paragraph><continuation-text continuation-text-level="subsection">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.</continuation-text></subsection></section><section id="H02C06FBB7F344338AEB0A1376E6D55DD"><enum>516.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5B0B32D849AE49BF82C22F820397E594"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="HBCF88FB8DB34405096BB01C7421ED564" reported-display-style="strikethrough"><enum>(b)</enum><text>None of the funds
made available in this Act may be used to disseminate scientific information
that is deliberately false or misleading.</text>
</subsection></section><section id="HB27BBDB7B8BD44659F2CC387EBCDB2D0"><enum>517.</enum><text>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.</text>
</section><section id="HCF1A6D550EDA479A8739EE662ED475BE"><enum>518.</enum><text>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.</text>
</section><section id="H9863A07CECA3439D92683AC40D66C2E2"><enum>519.</enum><text>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.</text>
</section><section id="H6BB1BAC01AC148829D91FFEFFBFBA0BA"><enum>520.</enum><text>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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security
Act.</act-name></text>
</section><section id="H7E520759ABF74DBD85B3D47A89CEAB5B"><enum>521.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H80F5BA785E4641A7BFC10E71CF0B0622"><enum>522.</enum><text display-inline="yes-display-inline">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.).</text>
</section><section id="H40A8B9776DFF49F3991A165F85EC43FC"><enum>523.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="HADA83B20E4704996ACBD40D72FB85FC8"><enum>524.</enum><subsection commented="no" display-inline="yes-display-inline" id="H027E533A633D4B31BC72172C7EBAE21A"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds provided in this Act
under the heading <quote>National Institutes of Health—National Institute on
Drug Abuse</quote> shall be available for grant number 1R21DA026324–01A1
(Substance Use and HIV Risk among Thai Women).</text>
</subsection><subsection changed="deleted" id="H6D692F61AE4749D9B3D8A5F55EF9E612" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds provided in this Act
under the heading <quote>National Institutes of Health—National Institute on
Alcohol Abuse and Alcoholism</quote> 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).</text>
</subsection></section><section id="H1ACBA45D00A34F36A103784994904546"><enum>525.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to purchase light bulbs unless the light bulbs are
<quote>Energy Star</quote> qualified or have the <quote>Federal Energy
Management Program</quote> designation.</text>
</section><section id="H14B1177E496C406DAFDD7D735955D313"><enum>526.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="HDB00272BCB7743698997F62D1F9DB0CC" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</section>
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:
<enum>I</enum><header></header>
<appropriations-major id="id638EB329000B41D6936F767C7ED318A7"><header>DEPARTMENT OF
LABOR</header>
</appropriations-major><appropriations-intermediate id="ID055274D9BAF34AC2AB94CA4E8594CDB1"><header>Employment and training
administration</header>
</appropriations-intermediate><appropriations-small id="ID2DDB7F39B181441D80C265414ADE48E9"><header>Training and employment
services</header>
</appropriations-small><appropriations-small id="idA3A1C6E908CB40F58CB4D7E4E6A77E1F"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Workforce Investment Act of 1998 (<quote>WIA</quote>), 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:</text>
<paragraph id="ID37932BA292844C1583E65F3F180D4613"><enum>(1)</enum><text>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:</text>
<subparagraph id="IDF7EEB1172A43495EAD2CD0FA3673C369"><enum>(A)</enum><text>$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;</text>
</subparagraph><subparagraph id="IDB7113B996E9A4FA8B9CF85877B39E142"><enum>(B)</enum><text>$924,069,000
for youth activities, which shall be available for the period April 1, 2010
through June 30, 2011; and</text>
</subparagraph><subparagraph id="IDEDBDC7C2A2994C9EBDC7C81BD687DAA2"><enum>(C)</enum><text>$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:</text>
</subparagraph><continuation-text continuation-text-level="paragraph"><italic>Provided,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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;</continuation-text></paragraph><paragraph id="IDD26CB973CF4E465485D56FE91490C93C"><enum>(2)</enum><text>for federally
administered programs, $472,538,000 as
follows:</text>
<subparagraph id="IDFF48616907EA4B858D6032CFF0CC2457"><enum>(A)</enum><text>$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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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;</text>
</subparagraph><subparagraph id="ID44EEAFF016224692BDD48A48C5488787"><enum>(B)</enum><text>$52,758,000
for Native American programs, which shall be available for the period July 1,
2010 through June 30, 2011;</text>
</subparagraph><subparagraph id="IDD2FE7BBD76C34C71928C66E2B58CB820"><enum>(C)</enum><text>$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:
<italic>Provided,</italic> 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;</text>
</subparagraph><subparagraph id="IDCA0CBC2193684C6F9143F0797E57FD76"><enum>(D)</enum><text>$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</text>
</subparagraph><subparagraph id="ID84E6AD8B6B904189B2490E9370F7DB6F"><enum>(E)</enum><text>$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:
<italic>Provided,</italic> 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;</text>
</subparagraph></paragraph><paragraph id="IDF1BE381D4AF946118E5AD68E9A1F81AA"><enum>(3)</enum><text>for national activities,
$356,549,000, as follows:</text>
<subparagraph id="idADA068EB57F0483EB494082C1F884569"><enum>(A)</enum><text display-inline="yes-display-inline">$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 <quote>Training and Employment
Services</quote> in the committee report of the Senate accompanying this Act:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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;</text>
</subparagraph><subparagraph id="IDa880ac46fe9748da94217378aa90d7aa"><enum>(B)</enum><text>$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);</text>
</subparagraph><subparagraph id="IDB1667336F1C74B3EB12A2D353F0BCB29"><enum>(C)</enum><text>$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);</text>
</subparagraph><subparagraph id="IDD4FEC2D0706D443DBAB4CC85A38B84E2"><enum>(D)</enum><text>$11,600,000
for Evaluation, which shall be available for the period July 1, 2010 through
June 30, 2011;</text>
</subparagraph><subparagraph id="IDAC3C711D76E9474B80CAE30D529408C2"><enum>(E)</enum><text>$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);</text>
</subparagraph><subparagraph id="IDce057563da9f4d9582ed2de0c47f6ab0"><enum>(F)</enum><text>$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</text>
</subparagraph><subparagraph id="id0040A69A1B9C4096A2D9891B9332715E"><enum>(G)</enum><text>$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.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="id2BBA610583804999AA84C5171F8EC23F"><header>Community service employment for older
americans</header><text display-inline="no-display-inline">To carry out title V
of the <act-name parsable-cite="OAA65">Older Americans Act of 1965</act-name>,
$575,425,000, which shall be available for the
period July 1, 2010 through June 30, 2011: <italic>Provided,</italic> That
funds made available under this heading in this Act may, in accordance with
section 517(c) of the <act-name parsable-cite="OAA65">Older Americans Act of
1965</act-name>, be recaptured and reobligated.</text>
</appropriations-small><appropriations-small id="idBC5D83DD08B84CB78C0279C8ABB9202F"><header>Federal unemployment benefits and
allowances</header><text display-inline="no-display-inline">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
<act-name parsable-cite="TA74">Trade Act of 1974</act-name>, 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
<act-name parsable-cite="TA74">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</act-name>,
$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.</text>
</appropriations-small><appropriations-small id="id66713F63DD414D0FA3610B36F91125C8"><header>State unemployment insurance and
employment service operations</header><text display-inline="no-display-inline">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
(<quote>the Trust Fund</quote>), of which:</text>
<paragraph changed="added" id="ID205FA2C007764378BBA003DDDBBC3A5C" reported-display-style="italic"><enum>(1)</enum><text>$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
<act-name parsable-cite="SSA">Social Security Act</act-name> (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
<act-name parsable-cite="TA74">Trade Act of 1974</act-name> 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;</text>
</paragraph><paragraph changed="added" id="ID9295785C21AF4C079E0DC010EEFE7A33" reported-display-style="italic"><enum>(2)</enum><text>$11,310,000
from the Trust Fund is for national activities necessary to support the
administration of the Federal-State unemployment insurance system;</text>
</paragraph><paragraph changed="added" id="ID524F742572884F06909D5104A1AF7975" reported-display-style="italic"><enum>(3)</enum><text>$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;</text>
</paragraph><paragraph changed="added" id="IDC401D760C89F49139E02E2ED5ACFED0B" reported-display-style="italic"><enum>(4)</enum><text>$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;</text>
</paragraph><paragraph changed="added" id="IDB0A8406FD75C4A83B75912D6804C9297" reported-display-style="italic"><enum>(5)</enum><text>$68,436,000
from the Trust Fund is for the administration of foreign labor certifications
and related activities under the <act-name parsable-cite="INA">Immigration and
Nationality Act</act-name> 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</text>
</paragraph><paragraph changed="added" id="ID2C4C20502071487F9E56A3C8B32A6986" reported-display-style="italic"><enum>(6)</enum><text>$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:</text>
</paragraph><subsection id="LEXA-RepairidF848708656A847C984A41CABA7CCD97E"><enum></enum><continuation-text changed="added" continuation-text-level="subsection" reported-display-style="italic"><italic>Provided</italic>, That to the
extent that the Average Weekly Insured Unemployment (<quote>AWIU</quote>) 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 <act-name parsable-cite="SSA">Social Security Act</act-name>:
<italic>Provided further</italic>, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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: <italic>Provided further</italic>, That the Secretary
of Labor may use funds appropriated for grants to States under title III of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That funds appropriated under this Act for activities
authorized under title III of the <act-name parsable-cite="SSA">Social Security
Act</act-name> 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: <italic>Provided further,</italic> 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
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</continuation-text></subsection></appropriations-small><appropriations-small id="idD119FC2E1521451D91191735917FEA99"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idD35B0BFC477D46399421EAC7255C3BAB"><header>Advances to the unemployment trust fund
and other funds</header><text display-inline="no-display-inline">For repayable
advances to the Unemployment Trust Fund as authorized by sections 905(d) and
1203 of the <act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<quote>Federal Unemployment Benefits and Allowances</quote> account, such sums
as may be necessary.</text>
</appropriations-small><appropriations-small id="idC60FEDDD3C4649AE962583655A076DD0"><header>Program administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id22CBD0BA9715446CABB4736E78BFA4E4"><header>Employee benefits security
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="idCA8E32C8ED464EC0A0B33CB617C3225C"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses for the Employee
Benefits Security Administration,
$155,662,000.</text>
</appropriations-small><appropriations-intermediate id="idA0FDC98739FF4854B8F1E0F6FE5A5747"><header>Pension benefit guaranty
corporation</header>
</appropriations-intermediate><appropriations-small id="id5E50E8D981E741E4AA8613456CF4BCF2"><header>Pension benefit guaranty corporation
fund</header><text display-inline="no-display-inline">The Pension Benefit
Guaranty Corporation (<quote>Corporation</quote>) is authorized to make such
expenditures, including financial assistance authorized by subtitle E of title
IV of the <act-name parsable-cite="ERISA">Employee Retirement Income Security
Act of 1974</act-name>, 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: <italic>Provided</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>,
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:
<italic>Provided further,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="idEAE85AC4211748E99668A4DA1D6E7F30"><header>Employment standards
administration</header>
</appropriations-intermediate><appropriations-small id="id70159CAD37534079ACCA00C12716090A"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small id="idB35C77F769A440C2A47DE9BAE944E10A"><header>(including rescission)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">Of the
unobligated funds collected pursuant to section 286(v) of the
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>,
$65,000,000 are rescinded as of September 1,
2010.</text>
</appropriations-small><appropriations-small id="id35EBD5B6A99044AA841D29D09C3AD789"><header>Special
benefits</header>
</appropriations-small><appropriations-small id="idD9AABD605E5F4DABB90AB048506168C5"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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 <quote>Civilian War
Benefits</quote> 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: <italic>Provided</italic>,
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:
<italic>Provided further</italic>, That balances of reimbursements unobligated
on September 30, 2009, shall remain available until expended for the payment of
compensation, benefits, and expenses: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:</text>
<paragraph changed="added" id="ID197AEDB3C7954A4893F38E6D9C80B907" reported-display-style="italic"><enum>(1)</enum><text>For enhancement and
maintenance of automated data processing systems and telecommunications
systems, $19,968,000;</text>
</paragraph><paragraph changed="added" id="ID4542391CE6A4444E9A016DE626050714" reported-display-style="italic"><enum>(2)</enum><text>For automated workload
processing operations, including document imaging, centralized mail intake, and
medical bill processing, $23,323,000;</text>
</paragraph><paragraph changed="added" id="IDFCF483F93DC14838B5F4F646366BEFC4" reported-display-style="italic"><enum>(3)</enum><text>For periodic roll
management and medical review, $14,829,000;
and</text>
</paragraph><paragraph changed="added" id="ID0E2049A51D6F4C9A8918C7F753C849C0" reported-display-style="italic"><enum>(4)</enum><text>The remaining funds shall
be paid into the Treasury as miscellaneous receipts:</text>
</paragraph><subsection id="LEXA-Repairid4178252AD04047B6AA129E6A9A6E8490"><enum></enum><continuation-text changed="added" continuation-text-level="subsection" reported-display-style="italic"><italic>Provided further</italic>, 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.</continuation-text></subsection></appropriations-small><appropriations-small id="id8A61F630506B450C8688D67DBFDC2125"><header>Special benefits for disabled coal
miners</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For making benefit
payments under title IV for the first quarter of fiscal year 2011,
$45,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id47D77498768A48FBBE5C993A9AD1B091"><header>Administrative expenses, energy
employees occupational illness compensation fund</header><text display-inline="no-display-inline">For necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program Act,
$51,197,000, to remain available until expended:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="idD6C73AC43D3843A8B9D3510C8DDA3655"><header>Black lung disability trust
fund</header>
</appropriations-small><appropriations-small id="id9105FD30BBD241D58682898572E4014B"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">In fiscal year 2010,
such sums as may be necessary from the Black Lung Disability Trust Fund
(<quote>Fund</quote>), 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 <quote>Salaries and Expenses</quote>; not
to exceed $25,091,000 for transfer to
Departmental Management, <quote>Salaries and Expenses</quote>; not to exceed
$327,000 for transfer to Departmental
Management, <quote>Office of Inspector General</quote>; and not to exceed
$356,000 for payments into miscellaneous
receipts for the expenses of the Department of the
Treasury.</text>
</appropriations-small><appropriations-intermediate id="id1691E007D4DF46E2BD4CAA377AFD3D1A"><header>Occupational safety and health
administration</header>
</appropriations-intermediate><appropriations-small id="id3668FD1FFE2A4B73ACCDB58314702CEF"><header>Salaries and expenses</header><text display-inline="no-display-inline">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 (<quote>Act</quote>), 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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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—</text>
<paragraph changed="added" id="ID558B2CB6F9AF47679C9294C7A82F371A" reported-display-style="italic"><enum>(1)</enum><text>to provide, as authorized
by the Act, consultation, technical assistance, educational and training
services, and to conduct surveys and studies;</text>
</paragraph><paragraph changed="added" id="ID0A6B040B3C604F63BEFC46DD9DEE3318" reported-display-style="italic"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph changed="added" id="ID800280D12D85453786FFBC3F2D719A96" reported-display-style="italic"><enum>(3)</enum><text>to take any action
authorized by the Act with respect to imminent dangers;</text>
</paragraph><paragraph changed="added" id="ID7B8E42FC50924C27B0A0C57796D3B4B4" reported-display-style="italic"><enum>(4)</enum><text>to take any action
authorized by the Act with respect to health hazards;</text>
</paragraph><paragraph changed="added" id="IDF7EB569A4A4B4FE0B9421569964112C3" reported-display-style="italic"><enum>(5)</enum><text>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</text>
</paragraph><paragraph changed="added" id="ID6FA4ADDEF01D40E7B4C229E1AE843BB0" reported-display-style="italic"><enum>(6)</enum><text>to take any action
authorized by the Act with respect to complaints of discrimination against
employees for exercising rights under the Act:</text>
</paragraph><subsection id="LEXA-Repairid3B0A48FC1F644781A3B621AE528CB1E5"><enum></enum><continuation-text changed="added" continuation-text-level="subsection" reported-display-style="italic"><italic>Provided further</italic>, 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: <italic>Provided further</italic>, That
$11,000,000 shall be available for Susan Harwood
training grants.</continuation-text></subsection></appropriations-small><appropriations-intermediate id="id4F8B170F195F4DB88C4962DB500B17AC"><header>Mine safety and health
administration</header>
</appropriations-intermediate><appropriations-small id="id42C68B77842D413EB0A7017CD7800BFF"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id3BEDF69A385442A697ACD93420E0F60D"><header>Bureau of labor
statistics</header>
</appropriations-intermediate><appropriations-small id="idB8A35917E477486785899BFC14DE0D4F"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idB2B00BE0C62442A9B485EE8DEEEDF356"><header>Office of disability employment
policy</header>
</appropriations-intermediate><appropriations-small id="idDEE81827533542EEA88FF7F2ACFF6B11"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id29C2C1294AB84BCB89F28F4D90F1CB92"><header>Departmental
management</header>
</appropriations-intermediate><appropriations-small id="idAEE33884F8A94C72A034D8EC6CECF545"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small id="idBBFB31A6E88C468FB5553A2FA003CD38"><header>(Including transfer of
funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id750DB0893C0B4EB8BF9AC3412193CAEA"><header>Office of job corps</header><text display-inline="no-display-inline">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:</text>
<paragraph changed="added" id="ID2BA345789C844FCDBAACCDAA59FB64FB" reported-display-style="italic"><enum>(1)</enum><text>$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;</text>
</paragraph><paragraph changed="added" id="ID2AC263C17F1B4354B8F0A507E6535D51" reported-display-style="italic"><enum>(2)</enum><text>$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</text>
</paragraph><paragraph changed="added" id="IDFAC348205E5449C0AA897D1E98D6C5D0" reported-display-style="italic"><enum>(3)</enum><text>$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:</text>
</paragraph><subsection id="LEXA-RepairidA70FE3BD0FE94E0FA75BB86650C19B1F"><enum></enum><continuation-text changed="added" continuation-text-level="subsection" reported-display-style="italic"><italic>Provided,</italic> That the
Office of Job Corps shall have contracting authority: <italic>Provided
further,</italic> That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.</continuation-text></subsection></appropriations-small><appropriations-small id="idD10CFFA6400240249A1EB701860BA9D4"><header>Veterans employment and
training</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id3AAA0B7AB56A468582C1D99E8E7886CE"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idDB8084420B644B72B0969D08A07BF7DA"><header>Office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idFB7F1EE462264F29A55D5BD54D056337"><header>General
provisions</header>
</appropriations-intermediate><section id="IDB4E40C9771C842F99B3C5CB04C89F0CA"><enum>101.</enum><text>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.</text>
<appropriations-small id="idF54C5D43072C4082B76EEC106D6B1FDF"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="IDD54A422C414744E48E5D8B4EFB8D05A4"><enum>102.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
</section><section id="IDADA4D47CC23A47FBB4FB61C7392DA8EE"><enum>103.</enum><text>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.</text>
</section><section id="ID548E10D38E4E4655A4ED53A9A9BB97B1"><enum>104.</enum><text>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: <italic>Provided</italic>, That
the preceding limitation shall not apply to multi-year grants awarded prior to
June 30, 2007.</text>
</section><section id="ID3782B5CD46B74CB89B060FC7F0FB3060"><enum>105.</enum><text>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.</text>
</section><section id="ID62EC352F6A9D4645988D704864337FA2"><enum>106.</enum><text>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.</text>
</section><section id="ID4CB89C60B68542ED83392491AC88F694"><enum>107.</enum><text>None of the funds
appropriated in this Act under the heading <quote>Employment and Training
Administration</quote> 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.</text>
<appropriations-small id="id20ADC2EE2B6D4D08A21A055058A8FA50"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="id249EE2BF457E48EA930ECB9809C74AB2"><enum>108.</enum><text display-inline="yes-display-inline">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.</text>
<subsection id="IDA63E7370CDB34016853427BBD93D7914"><enum></enum><text>This title may be cited as the
<quote><short-title>Department of Labor Appropriations
Act, 2010</short-title></quote>.</text>
</subsection></section><enum>II</enum><header></header>
<appropriations-major id="id90281EAE7DC3427E99A66F39BEA63A65"><header>DEPARTMENT OF HEALTH AND HUMAN
SERVICES</header>
</appropriations-major><appropriations-intermediate id="ID7BB5BCE934B34B3F9C2E723687D5428C"><header>Health resources and services
administration</header>
</appropriations-intermediate><appropriations-small id="ID7A5403522A0446F78870A5AEFEADF0BE"><header>Health resources and
services</header><text display-inline="no-display-inline">For carrying out
titles II, III, IV, VII, VIII, X, XI, XII, XIX, and XXVI of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), section 427(a) of the Federal Coal Mine Health and Safety Act,
title V and sections 711, 1128E, and 1820 of the <act-name parsable-cite="SSA">Social Security Act</act-name>, 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 <act-name parsable-cite="SSA">Social
Security Act</act-name>, shall be available for carrying out the Medicare rural
hospital flexibility grants program under such section:
<italic>Provided,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That fees collected for
the full disclosure of information under the <quote>Health Care Fraud and Abuse
Data Collection Program</quote>, authorized by section 1128E(d)(2) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, shall be
sufficient to recover the full costs of operating the program, and shall remain
available until expended to carry out that Act: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further</italic>, 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: <italic>Provided further,</italic> 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, That
$835,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the PHS Act: <italic>Provided
further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<italic>Provided further,</italic> That notwithstanding section 502(a)(1) and
502(b)(1) of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
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: <italic>Provided further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further,</italic> 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: <italic>Provided further</italic>, 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 <quote>Health Resources and
Services</quote> 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: <italic>Provided further,</italic> That
notwithstanding section 338J(k) of the PHS Act,
$10,450,000 is available for State Offices of
Rural Health: <italic>Provided further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id053C2885FEB74EAEBA8527D45F1F30BF"><header>Health education assistance loans
program account</header><text display-inline="no-display-inline">Such sums as
may be necessary to carry out the purpose of the program, as authorized by
title VII of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>). For administrative expenses to carry
out the guaranteed loan program, including section 709 of the PHS Act,
$2,847,000.</text>
</appropriations-small><appropriations-small id="idE7806265551845CD8D8790DC95F5B917"><header>Vaccine injury compensation program
trust fund</header><text display-inline="no-display-inline">For payments from
the Vaccine Injury Compensation Program Trust Fund (<quote>Trust Fund</quote>),
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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name>, to remain available
until expended: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="id02C56E6FA63F44B9B59DE87A8F533EE2"><header>Covered Countermeasure Process
Fund</header><text display-inline="no-display-inline">For carrying out section
319F–4 of the Public Health Service Act,
$5,000,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="id72398D43E8D24F26B302CD02FEE075FC"><header>Centers for disease control and
prevention</header>
</appropriations-intermediate><appropriations-small id="idC7443E92546A40F8A65AE604496EFEF1"><header>Disease control, research, and
training</header><text display-inline="no-display-inline">To carry out titles
II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), 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
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>,
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 <quote>Disease Control, Research,
and Training</quote> 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: <italic>Provided,</italic> That in
addition, such sums as may be derived from authorized user fees, which shall be
credited to this account:
<proviso><italic>Provided further</italic></proviso>, That with respect
to the previous proviso, authorized user fees from the Vessel Sanitation
Program shall be available until September 30, 2011: <italic>Provided
further</italic>, 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: <italic>Provided further,</italic> 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are to be
notified promptly of any such redirection: <italic>Provided further,</italic>
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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That the solicitation and contract
shall contain the clause <quote>availability of funds</quote> found at 48 CFR
52.232–18: <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided
further</italic>, 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.</text><text display-inline="no-display-inline">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 (<quote>the
Board</quote>) 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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="id0CEEEADC75F94087A9445DE7D6EEEBF9"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="id513A536F0DEA41FF97BDEC1DDD280E56"><header>National cancer institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> 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.</text>
</appropriations-small><appropriations-small id="id4D6943BDC725455FADC4A520C3692DEC"><header>National heart, lung, and blood
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to cardiovascular, lung, and blood
diseases, and blood and blood products,
$3,066,827,000.</text>
</appropriations-small><appropriations-small id="id7460C8CA0E144CA3AB21D6D919DDA0CA"><header>National institute of dental and
craniofacial research</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
dental disease,
$409,241,000.</text>
</appropriations-small><appropriations-small id="id3400407585A345F3BCB95CFDEC847F20"><header>National institute of diabetes and
digestive and kidney diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to diabetes and digestive and kidney disease,
$1,790,518,000.</text>
</appropriations-small><appropriations-small id="id895499ECF7C543DC8CA9364BC9834B13"><header>National institute of neurological
disorders and stroke</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
neurological disorders and stroke,
$1,620,494,000.</text>
</appropriations-small><appropriations-small id="idB72A97A1E62B4EB2855F2C16CDAE91CD"><header>National institute of allergy and
infectious diseases</header>
</appropriations-small><appropriations-small id="idD87294ADE9424923AABC4424750935D3"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to allergy and infectious diseases,
$4,777,457,000: <italic>Provided</italic>, That
$300,000,000 may be made available to
International Assistance Programs <quote>Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis</quote>, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idC2DB2D160BE743998D1FBFB006DCD2B0"><header>National institute of general medical
sciences</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to general medical sciences,
$2,031,886,000.</text>
</appropriations-small><appropriations-small id="idB516BA46F97D4B74BEACD69A77978FEA"><header>Eunice kennedy shriver national
institute of child health and human development</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to child health and human development,
$1,316,822,000.</text>
</appropriations-small><appropriations-small id="id650CBF42DED24A3D8B905608B995A113"><header>National eye institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to eye diseases and visual disorders,
$700,158,000.</text>
</appropriations-small><appropriations-small id="id385120CBB88C44FC8D7B33B215ED872B"><header>National institute of environmental
health sciences</header><text display-inline="no-display-inline">For carrying
out section 301 and title IV of the <act-name parsable-cite="PHSA">Public
Health Service Act</act-name> with respect to environmental health sciences,
$683,149,000.</text>
</appropriations-small><appropriations-small id="id4D32EFEEF6DE427580D0B9C5F33D46CA"><header>National institute on
aging</header><text display-inline="no-display-inline">For carrying out section
301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> with respect to aging,
$1,099,409,000.</text>
</appropriations-small><appropriations-small id="idADC38DC9908248C1A58619307028248E"><header>National institute of arthritis and
musculoskeletal and skin diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to arthritis and musculoskeletal and skin diseases,
$533,831,000.</text>
</appropriations-small><appropriations-small id="id501F20F81FBD4008A548FB53F99DE7FA"><header>National institute on deafness and
other communication disorders</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to deafness and other communication disorders,
$414,755,000.</text>
</appropriations-small><appropriations-small id="idA04592FF4FC94B2E9DA92E675304D29E"><header>National institute of nursing
research</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to nursing research,
$144,262,000.</text>
</appropriations-small><appropriations-small id="id01CEDCE4B42344E59B556FB4B790FF95"><header>National institute on alcohol abuse and
alcoholism</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to alcohol abuse and alcoholism,
$457,887,000.</text>
</appropriations-small><appropriations-small id="idD16652DA65E346DC86EC8EE7A73516A8"><header>National institute on drug
abuse</header><text display-inline="no-display-inline">For carrying out section
301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> with respect to drug abuse,
$1,050,091,000.</text>
</appropriations-small><appropriations-small id="id29B84ACFBA23484A8EE21B28A2C2DB62"><header>National institute of mental
health</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to mental health,
$1,475,190,000.</text>
</appropriations-small><appropriations-small id="id1BDD66686F1441799ADEA2E412FDDBA8"><header>National human genome research
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to human genome research,
$511,007,000.</text>
</appropriations-small><appropriations-small id="id15CD2BBB842D415C882EDDD685B434D8"><header>National institute of biomedical
imaging and bioengineering</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
biomedical imaging and bioengineering research,
$313,496,000.</text>
</appropriations-small><appropriations-small id="id0A8AF2E12A654570BE2A12529339B45E"><header>National center for research
resources</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to research resources and general research
support grants,
$1,256,926,000.</text>
</appropriations-small><appropriations-small id="idAA9412CD1DB64FCEBB162E0B532496F1"><header>National center for complementary and
alternative medicine</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
complementary and alternative medicine,
$127,591,000.</text>
</appropriations-small><appropriations-small id="id538E07ECBCD2455C87A99B06EE7EAF8D"><header>National center on minority health and
health disparities</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
minority health and health disparities research,
$209,508,000.</text>
</appropriations-small><appropriations-small id="id33B662C52D1546DBA715C6F248131000"><header>John e. fogarty international
center</header><text display-inline="no-display-inline">For carrying out the
activities of the John E. Fogarty International Center (described in subpart 2
of part E of title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name>),
$69,409,000.</text>
</appropriations-small><appropriations-small id="id146D943545844184B1AE448CB150F54D"><header>National library of
medicine</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> (<quote>PHS Act</quote>) with respect to health
information communications, $336,417,000, of
which $4,000,000 shall be available until
expended for improvement of information systems: <italic>Provided</italic>,
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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id02B422F44B484A9A99E565DE4185197D"><header>Office of the director</header><text display-inline="no-display-inline">For carrying out the responsibilities of the
Office of the Director, National Institutes of Health (<quote>NIH</quote>),
$1,182,777,000, of which up to
$25,000,000 shall be used to carry out section
214 of this Act: <italic>Provided</italic>, That funding shall be available for
the purchase of not to exceed 29 passenger motor vehicles for replacement only:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That all funds credited to
such Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: <italic>Provided further</italic>, That
$549,066,000 shall be available for the Common
Fund established under section 402A(c)(1) of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>): <italic>Provided further</italic>, That of the funds provided
$10,000 shall be for official reception and
representation expenses when specifically approved by the Director of the NIH:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="idA06454FBAAD74C39A9669B4D86DA801D"><header>Buildings and facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idC60132F622A34342A0AF28F55C46CD96"><header>Substance abuse and mental health
services administration</header>
</appropriations-intermediate><appropriations-small id="idBBF7A15FED4645B080202692ED422AD7"><header>Substance abuse and mental health
services</header><text display-inline="no-display-inline">For carrying out
titles III, V, and XIX of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> (<quote>PHS Act</quote>) 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 <quote>Substance Abuse and Mental
Health Services</quote> in the committee report of the Senate accompanying this
Act: <italic>Provided,</italic> 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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:
<italic>Provided further,</italic> That section 520E(b)(2) of the PHS Act shall
not apply to funds appropriated under this Act for fiscal year
2010.</text>
</appropriations-small><appropriations-intermediate id="id08C50B713A6146EBBD101459E7EB6F2A"><header>Agency for healthcare research and
quality</header>
</appropriations-intermediate><appropriations-small id="id68F1A487D2194D1AB27A9B7E311FFA89"><header>Healthcare research and
quality</header><text display-inline="no-display-inline">For carrying out
titles III and IX of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>), part A of title XI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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:
<italic>Provided</italic>, That the amount made available pursuant to section
937(c) of the PHS Act shall not exceed
$372,053,000.</text>
</appropriations-small><appropriations-intermediate id="idE0963E00D8FC4113B08D71433D799603"><header>Centers for medicare and medicaid
services</header>
</appropriations-intermediate><appropriations-small id="id840DA8CACDA14E7A8F40E32A5549B449"><header>Grants to states for
medicaid</header><text display-inline="no-display-inline">For carrying out,
except as otherwise provided, titles XI and XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name>,
$220,962,473,000, to remain available until
expended.</text><text display-inline="no-display-inline">For making, after May
31, 2010, payments to States under title XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name> for the last
quarter of fiscal year 2010 for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.</text><text display-inline="no-display-inline">For making payments to States or in the case
of section 1928 on behalf of States under title XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name> for the first
quarter of fiscal year 2011, $86,789,382,000, to
remain available until expended.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idB7C559587E294597ACC03EC9EE875F63"><header>Payments to health care trust
funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$207,231,070,000.</text><text display-inline="no-display-inline">In addition, for making matching payments
under section 1844, and benefit payments under section 1860D–16 of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, not anticipated
in budget estimates, such sums as may be
necessary.</text>
</appropriations-small><appropriations-small id="id2B84B8CBBEE742D5BC2E2DC87FCEFC15"><header>Program management</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, titles XI, XVIII, XIX, and XXI of the <act-name parsable-cite="SSA">Social Security Act</act-name>, titles XIII and XXVII of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name>
(<quote>PHS Act</quote>), 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 <act-name parsable-cite="SSA">Social Security Act</act-name>; together with
all funds collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
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:
<italic>Provided,</italic> 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:
<italic>Provided further,</italic> That
$35,681,000, to remain available through
September 30, 2011, shall be for contract costs for the Healthcare Integrated
General Ledger Accounting System: <italic>Provided further,</italic> That
$65,600,000, to remain available through
September 30, 2011, shall be for the Centers for Medicare and Medicaid Services
(<quote>CMS</quote>) Medicare contracting reform activities:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> That the Secretary is directed to
collect fees in fiscal year 2010 from Medicare Advantage organizations pursuant
to section 1857(e)(2) of the <act-name parsable-cite="SSA">Social Security
Act</act-name> and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
<italic>Provided further,</italic> That
$2,000,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Program Management</quote>
in the committee report of the Senate accompanying this
Act.</text>
</appropriations-small><appropriations-intermediate id="idD5D21ACAFA2D42BBBE08BD27C225BB0D"><header>Health care fraud and abuse control
account</header><text display-inline="no-display-inline">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 (<quote>CHIP</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idD7B37FF746D44E80B770DB35C625FE21"><header>Administration for children and
families</header>
</appropriations-intermediate><appropriations-small id="id72FE6D3662FB48C09679A570E2F7B590"><header>Payments to states for child support
enforcement and family support programs</header><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text><text display-inline="no-display-inline">For making
payments to each State for carrying out the program of Aid to Families with
Dependent Children under title IV–A of the <act-name parsable-cite="SSA">Social
Security Act</act-name> before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as may be
necessary: <italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name> 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.</text>
</appropriations-small><appropriations-small id="idCF8FEB3D2BE84954B49C0301B780662D"><header>LOW INCOME HOME ENERGY ASSISTANCE
</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="idEB368E4FB95749EF9A22ED247E6C2C03"><header>Refugee and entrant
assistance</header><text display-inline="no-display-inline">For necessary
expenses for refugee and entrant assistance activities authorized by section
414 of the <act-name parsable-cite="INA">Immigration and Nationality
Act</act-name> 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: <italic>Provided</italic>, That
funds appropriated under this heading pursuant to section 414(a) of the
<act-name parsable-cite="INA">Immigration and Nationality Act,</act-name>
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.</text>
</appropriations-small><appropriations-small id="id5D7AB2D5CE1E4665B8F3F16900AA3D96"><header>Payments to states for the child care
and development block grant</header><text display-inline="no-display-inline">For carrying out the
<act-name parsable-cite="CCDBGA90">Child Care and Development Block Grant Act
of 1990</act-name>, $2,127,081,000 shall be used
to supplement, not supplant State general revenue funds for child care
assistance for low-income families: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That
$9,910,000 shall be for use by the Secretary of
Health and Human Services for child care research, demonstration, and
evaluation activities.</text>
</appropriations-small><appropriations-small id="id75306E20F84341CC951BE10B7838600D"><header>Social services block
grant</header><text display-inline="no-display-inline">For making grants to
States pursuant to section 2002 of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $1,700,000,000:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="idF30A2A0EEE6841458B76307D015E85AA"><header>Children and families services
programs</header>
</appropriations-small><appropriations-small id="id22E114D10A7B4369A0D4E7A892BD3EC2"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For carrying out,
except as otherwise provided, the <act-name parsable-cite="RHYA">Runaway and
Homeless Youth Act</act-name>, the <act-name parsable-cite="DDA">Developmental
Disabilities Assistance and Bill of Rights Act</act-name>, the
<act-name parsable-cite="HSA">Head Start Act</act-name>, the
<act-name parsable-cite="CAPTA">Child Abuse Prevention and Treatment
Act</act-name>, 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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>; for making payments under the Community Services Block Grant
Act (<quote>CSBG Act</quote>), sections 439(i), 473B, and 477(i) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<act-name parsable-cite="SSA">Social Security Act</act-name>, the Act of July
5, 1960, the Low Income Home Energy Assistance Act of 1981, title IV of the
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>,
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
<act-name parsable-cite="SSA">Social Security Act</act-name> and may be made
for adoptions completed before September 30, 2010: <italic>Provided,</italic>
That $7,234,783,000 shall be for making payments
under the <act-name parsable-cite="HSA">Head Start Act</act-name>:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, That
$746,000,000 shall be for making payments under
the CSBG Act: <italic>Provided further,</italic> That not less than
$10,000,000 shall be for section 680(3)(B) of
the CSBG Act: <italic>Provided further</italic>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>: <italic>Provided further,</italic> 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That these procedures shall apply to such grant funds made
available after November 29, 1999: <italic>Provided further</italic>, 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:
<italic>Provided further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, That
<italic>$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,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further,</italic> That $5,600,000 shall be used
for the projects, and in the amounts, specified under the heading
<quote>Children and Families Services Programs</quote> in the committee report
of the Senate accompanying this Act.</text>
</appropriations-small><appropriations-small id="id4B9E326FED054B199CD1CAC78CA1AF27"><header>Promoting safe and stable
families</header><text display-inline="no-display-inline">For carrying out
section 436 of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, $345,000,000 and section 437 of
such Act,
$63,311,000.</text>
</appropriations-small><appropriations-small id="idA52250C607B24B68A42B0E85CB685DDC"><header>Payments for foster care and
permanency</header><text display-inline="no-display-inline">For making payments
to States or other non-Federal entities under title IV–E of the
<act-name parsable-cite="SSA">Social Security Act</act-name>,
$5,532,000,000.</text><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under title IV–E of the <act-name parsable-cite="SSA">Social Security Act</act-name>, for the first quarter of
fiscal year 2011, $1,850,000,000.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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.</text>
</appropriations-small><appropriations-intermediate id="id4B4FEB4D831C4DBD9515EE1ED30BA9F2"><header>Administration on
aging</header>
</appropriations-intermediate><appropriations-small id="id7DBDDC2802E84BA6B46A7AC1BE75D2C5"><header>Aging services programs</header><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, the <act-name parsable-cite="OAA65">Older Americans Act of
1965</act-name>, section 398 and title XXIX of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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: <italic>Provided</italic>, That
$1,195,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Aging Services
Programs</quote> in the committee report of the Senate accompanying this
Act.</text>
</appropriations-small><appropriations-intermediate id="idDDB8C3CB405E471994395E090C0837C6"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="idA429B72DE2F74BBD8F2C7C0FB4FA26B6"><header>General departmental
management</header>
</appropriations-small><appropriations-small id="idFB82CDE828F845039ACFFBADD1388BAF"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), the United States-Mexico Border Health Commission Act, and
research studies under section 1110 of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $477,928,000, together
with $5,851,000 to be transferred and expended
as authorized by section 201(g)(1) of the <act-name parsable-cite="SSA">Social
Security Act</act-name> 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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That such services shall be provided consistent with 42 CFR
59.5(a)(4): <italic>Provided further</italic>, That
$950,000 shall be used for the projects, and in
the amounts, specified under the heading <quote>General Departmental
Management</quote> in the committee report of the Senate accompanying this Act:
<italic>Provided further</italic>, That not more than
$3,200,000 and 26 full time equivalents shall be
available for the Office of the Assistant Secretary for
Legislation.</text>
</appropriations-small><appropriations-small id="id60C62845756744E1865125AE282E05A3"><header>Office of medicare hearings and
appeals</header><text display-inline="no-display-inline">For expenses necessary
for administrative law judges responsible for hearing cases under title XVIII
of the <act-name parsable-cite="SSA">Social Security Act</act-name> (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.</text>
</appropriations-small><appropriations-small id="id2D57DC0A39E74B68A2F174D02097A986"><header>Office of the national coordinator for
health information technology</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That in
addition to amounts provided herein, $19,011,000
shall be available from amounts available under section 241 of the
<act-name parsable-cite="PHSA">Public Health Service
Act.</act-name></text>
</appropriations-small><appropriations-small id="id6041963CF73F42D9B0E886CD82C3FD77"><header>Office of inspector
general</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="idAC975333B9B54D43A59D92C6F4E95B09"><header>Office for civil rights</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social
Security Act</act-name> from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust
Fund.</text>
</appropriations-small><appropriations-small id="id4725B90DBC504B959AAE1C189569CF2E"><header>Retirement pay and medical benefits for
commissioned officers</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id927765A5F7094B50944D5A4D0E42B1CD"><header>Public health and social services
emergency fund</header>
</appropriations-small><appropriations-small id="id215FC151719D4FEBA886853910A10B32"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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 (<quote>PHS Act</quote>),
$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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idF748514EC10B444FBE8F3205698B6EC8"><text display-inline="no-display-inline">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 <quote>Biodefense
Countermeasures</quote> in the Department of Homeland Security Appropriations
Act, 2004, to remain available through September 30,
2011.</text>
</appropriations-small><appropriations-small id="id78CC93C4D16446729FFB4AB2ED5C5D7E"><text display-inline="no-display-inline">All
remaining balances from funds appropriated under the heading <quote>Biodefense
Countermeasures</quote> 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:
<proviso><italic>Provided</italic></proviso>, That products purchased
with these funds shall be deposited in the Strategic National Stockpile under
section 319F–2(a) of the PHS Act.</text>
</appropriations-small><appropriations-small id="id757548B43B854C1D876C005837F26B8C"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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<added-phrase reported-display-style="italic"></added-phrase>(a)<added-phrase reported-display-style="italic"></added-phrase> of the PHS Act:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id430981090E094082B4A3D630AB351138"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major id="id14B258690DB34661AD4EDE1C2BCC3E1D"><header>GENERAL
PROVISIONS</header>
</appropriations-major><section id="ID81BABC83814A4DB3AB8BAF54D847A807"><enum>201.</enum><text>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.</text>
</section><section id="IDE620769E511F40DFB2C66C0CF22C8BFF"><enum>202.</enum><text>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.</text>
</section><section id="ID810506A85FF343F1B966231CFD762176"><enum>203.</enum><text>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.</text>
</section><section id="IDC9BFAB190A834043B0FFB611290EF2B1"><enum>204.</enum><text>None of the funds
appropriated in this Act may be expended pursuant to section 241 of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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.</text>
</section><section id="IDD52766F43B684743B503DF77C9D5207F"><enum>205.</enum><text>Notwithstanding section
241(a) of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name>, 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.</text>
<appropriations-small id="idE5E20E17DFE245928213D6D11AC3038F"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="ID1A5E876F6CAA436495AB67F447619672"><enum>206.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
<appropriations-small id="id28A0F586EF6B4EE4B15100B556415737"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="ID196E73A778184AC4A62F950A23515E51"><enum>207.</enum><text>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: <italic>Provided</italic>, That
the Committees on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.</text>
<appropriations-small id="id25C3F7BC65C04C0C95940B8AB18B56A5"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="IDC719074EEA324C8080A931F10D0A3355"><enum>208.</enum><text>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 <quote>Office of AIDS
Research Office</quote> 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 <act-name parsable-cite="PHSA">Public Health Service
Act</act-name>.</text>
</section><section id="ID93A97FE1D9EF47CFADBD7717E0849387"><enum>209.</enum><text>None of the funds
appropriated in this Act may be made available to any entity under title X of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> 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.</text>
</section><section id="ID9326BBCFBED447348C8D481130183997"><enum>210.</enum><text>Notwithstanding any
other provision of law, no provider of services under title X of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> shall be
exempt from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.</text>
</section><section id="ID39F64EC925FC41ABBF448AB31982B883"><enum>211.</enum><text>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: <italic>Provided</italic>,
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):
<italic>Provided further</italic>, 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.</text>
</section><section id="ID0DBFDDCFD4304F43AEA1B57F2D60956D"><enum>212.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID12174A48CDE647858B0FC6DB950F743A"><enum>(a)</enum><text>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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name>
(<quote>PHS Act</quote>) 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.</text>
</subsection><subsection changed="added" id="ID4B1E3DFC46B949CA8D97E0D497CAD0C8" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID7682E508FDBA443F99C428869359871E" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection><subsection changed="added" id="IDD544C6A12EB4434E9D2374A6214127CF" reported-display-style="italic"><enum>(d)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID6A53872E3E3448DFAEB6A332E6BCEC4D" reported-display-style="italic"><enum>(e)</enum><text>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
<act-name parsable-cite="PHSA">PHS Act</act-name> from a territory that
receives less than $1,000,000.</text>
</subsection></section><section id="ID9C3FAA87C4754999BB349A12CE4BDB7A"><enum>213.</enum><text>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:</text>
<paragraph id="ID3714F7DF11B74AD9A5D90F4B972758B7"><enum>(1)</enum><text>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 <act-name parsable-cite="SDBAA">State
Department Basic Authorities Act of 1956</act-name>. 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 <act-name parsable-cite="FSA80">Foreign Service Act of 1980</act-name> and other
applicable statutes administered by the Department of State.</text>
</paragraph><paragraph id="ID7C873A1E6C624CCE850C4440E9F46F2E"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="IDce8095392cef46678db84b6fbd879152"><enum>(3)</enum><text>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.</text>
</paragraph></section><section id="ID7D6F36BA781242B2B84B761C9A4B864C"><enum>214.</enum><subsection commented="no" display-inline="yes-display-inline" id="id543C811008894C51B1CBD737BBBAA265"><enum>(a)</enum><header>Authority</header><text>Notwithstanding
any other provision of law, the Director of the National Institutes of Health
(<quote>Director</quote>) may use funds available under section 402(b)(7) or
402(b)(12) of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>) 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).</text>
</subsection><subsection changed="added" id="ID6716FE60E1264B7B850ED3E9764FE076" reported-display-style="italic"><enum>(b)</enum><header>Peer
review</header><text>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.</text>
</subsection></section><section id="IDA4570A9B455E481695BB77F1B3B344E6"><enum>215.</enum><text>Funds which are
available for Individual Learning Accounts for employees of the Centers for
Disease Control and Prevention (<quote>CDC</quote>) and the Agency for Toxic
Substances and Disease Registry (<quote>ATSDR</quote>) may be transferred to
<quote>Disease Control, Research, and Training</quote>, to be available only
for Individual Learning Accounts: <italic>Provided</italic>, That such funds
may be used for any individual full-time equivalent employee while such
employee is employed either by CDC or ATSDR.</text>
</section><section id="IDF33530081FC3414D9FC234E5C20D4F83"><enum>216.</enum><text>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.</text>
</section><section id="ID4A9FC0E4E54E4530B6D3EF4D0128D658"><enum>217.</enum><text>Not to exceed
$35,000,000<italic></italic> 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.</text>
<appropriations-small id="idC677107C166644809C35162B52597B44"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="IDEDDE2258A6974915B3BE313703D51201"><enum>218.</enum><text>Of the amounts made
available for the National Institutes of Health, 1 percent of the amount made
available for National Research Service Awards (<quote>NRSA</quote>) 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 <act-name parsable-cite="PHSA">Public Health Service
Act</act-name>, 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.</text>
</section><section id="IDBCCAD671A9214DD0BC32B6D81B384641"><enum>219.</enum><text>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.</text>
<appropriations-small id="id73E2748BFDC441EF81F7DBA2AEFC1E2C"><text display-inline="no-display-inline">This
title may be cited as the <quote><short-title>Department
of Health and Human Services Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section><enum>III</enum><header></header>
<appropriations-major id="id6927D702FCF94A279FEA498B08E889BE"><header>DEPARTMENT OF
EDUCATION</header>
</appropriations-major><appropriations-intermediate id="ID2263490731C04541A89A996378533A70"><header>Education for the
disadvantaged</header><text display-inline="no-display-inline">For carrying out
title I of the <act-name parsable-cite="ESEA">Elementary and Secondary
Education Act of 1965</act-name> (<quote>ESEA</quote>), section 418A of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name> 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: <italic>Provided</italic>, That
$5,897,946,000 shall be for basic grants under
section 1124 of the ESEA: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That
$1,365,031,000 shall be for concentration grants
under section 1124A of the ESEA: <italic>Provided further</italic>, That
$3,264,712,000 shall be for targeted grants
under section 1125 of the ESEA: <italic>Provided further</italic>, That
$3,264,712,000 shall be for education finance
incentive grants under section 1125A of the ESEA: <italic>Provided
further</italic>, That $9,167,000 shall be to
carry out sections 1501 and 1503 of the ESEA:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id065A913D82EC44F2BAC55F0ED1C4EF9C"><header>Impact
aid</header><text display-inline="no-display-inline">For carrying out programs
of financial assistance to federally affected schools authorized by title VIII
of the <act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $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:
<italic>Provided</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id0548166600E2497195FB581F1AB92566"><header>School improvement
programs</header><text display-inline="no-display-inline">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 <act-name parsable-cite="ESEA">Elementary and Secondary Education Act of 1965</act-name>
(<quote>ESEA</quote>); 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 (<quote>HEA</quote>); and the <act-name parsable-cite="CRA64">Civil Rights Act of 1964</act-name>,
$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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, That
$500,000 shall be for part Z of title VIII of
the HEA: <italic>Provided further</italic>, That funds made available to carry
out part C of title VII of the ESEA may be used for construction:
<italic>Provided further</italic>, 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:
<italic>Provided further,</italic> That
$57,113,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002:
<italic>Provided further</italic>, That
$35,463,000 shall be available to carry out part
D of title V of the ESEA: <italic>Provided further</italic>, That no funds
appropriated under this heading may be used to carry out section 5494 under the
ESEA: <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idB61CDEB9B68344358783DBD5483B712B"><header>Indian education</header><text display-inline="no-display-inline">For expenses necessary to carry out, to the
extent not otherwise provided, title VII, part A of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>,
$122,282,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idB4B88939BBF0463DBEE10090B90DCA06"><header>Innovation and
improvement</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<quote>ESEA</quote>), and by part F of title VIII of the
Higher Education Act of 1965, $1,234,787,000:
<italic>Provided</italic>, That $10,649,000
shall be provided to the National Board for Professional Teaching Standards to
carry out section 2151(c) of the ESEA: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That
$510,209,000 shall be available to carry out
part D of title V of the ESEA: <italic>Provided further</italic>, That
$39,302,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Innovation and
Improvement</quote> in the committee report of the Senate accompanying this
Act:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id4E8236B63B32457CAB8A22D84A883218"><header>Safe schools and citizenship
education</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $438,061,000:
<italic>Provided</italic>, That $257,690,000
shall be available for subpart 2 of part A of title IV: <italic>Provided
further</italic>, That $146,912,000 shall be
available to carry out part D of title V: <italic>Provided further,</italic>
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.</text>
</appropriations-intermediate><appropriations-intermediate id="idFD0E416175CD44DCB842106CCB04DBF2"><header>English language
acquisition</header><text display-inline="no-display-inline">For carrying out
part A of title III of the <act-name parsable-cite="ESEA">Elementary and
Secondary Education Act of 1965</act-name>,
$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): <italic>Provided,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idB3839E4252D64342993E2EE9E6627BA4"><header>Special education</header><text display-inline="no-display-inline">For carrying out the Individuals with
Disabilities Education Act (<quote>IDEA</quote>) 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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id3547206B59B243E6B5DD31E33751889A"><header>Rehabilitation services and disability
research</header><text display-inline="no-display-inline">For carrying out, to
the extent not otherwise provided, the <act-name parsable-cite="REH">Rehabilitation Act of 1973</act-name>, the Assistive
Technology Act of 1998, and the Helen Keller National Center Act,
$3,507,322,000: <italic>Provided,</italic> That
$2,525,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Rehabilitation Services and
Disability Research</quote> in the committee report of the Senate accompanying
this Act.</text>
</appropriations-intermediate><appropriations-intermediate id="id035D577E88454F948E7716C13ECBE968"><header>Special institutions for persons with
disabilities</header>
</appropriations-intermediate><appropriations-small id="id4C717B046CB84DF1BA6D2FA177203C5D"><header>American printing house for the
blind</header><text display-inline="no-display-inline">For carrying out the Act
of March 3, 1879,
$24,600,000.</text>
</appropriations-small><appropriations-small id="id454556A40A8E4374B179F7F6910D6D77"><header>National technical institute for the
deaf</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-small id="id0437B43E8631497582ABB63887083CD3"><header>Gallaudet university</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="id8F4E425D79924792B7928F76E62AF678"><header>Career, technical, and adult
education</header><text display-inline="no-display-inline">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 <act-name parsable-cite="ESEA">Elementary and
Secondary Education Act of 1965</act-name> (<quote>ESEA</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
additional funds provided to States to correct the administrative error shall
not be considered in determining the <quote>hold-harmless</quote> amounts under
section 211(f) of the Adult Education and Family Literacy Act for fiscal year
2011 or subsequent fiscal years:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further,</italic> 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary may use amounts available under this heading for the necessary costs
of any close-out of the National Institute for
Literacy.</text>
</appropriations-intermediate><appropriations-intermediate id="id0534E075B9C64D77B87BC46F7A44296A"><header>Student financial
assistance</header>
</appropriations-intermediate><appropriations-small id="id4C61F0E0965B4E0E8DF37D18ED5EF121"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">For carrying out
subparts 1, 3, and 4 of part A, part C and part E of title IV of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>,
$19,296,809,000, which shall remain available
through September 30, 2011.</text><text display-inline="no-display-inline">The
maximum Pell Grant for which a student shall be eligible during award year
2010–2011 shall be $4,860.</text><text display-inline="no-display-inline">Of the funds made available under section
401A(e)(1)(D) of the <act-name parsable-cite="HEA65">Higher Education Act of
1965</act-name>, $511,000,000 are hereby
rescinded.</text>
</appropriations-small><appropriations-intermediate id="idC6989D2180254471B0DEB8054301136D"><header>Student aid
administration</header><text display-inline="no-display-inline">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
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>,
$870,402,000, which shall remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="idB7A59E1307784AC396D6A928CA19CB9C"><header>Higher education</header><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>
(<quote>HEA</quote>), 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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, That $609,000 shall be for
data collection and evaluation activities for programs under the HEA, including
such activities needed to comply with the <act-name parsable-cite="FPRA93">Government Performance and Results Act of
1993</act-name>: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further,</italic> 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
(<quote>HEOA</quote>), 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: <italic>Provided further,</italic>
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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> That the Secretary of
Education shall identify these scholarships as <quote>Erma Byrd
Scholarships</quote>: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> That the Secretary shall
be authorized to accept contributions for such scholarships from private
sources: <italic>Provided further,</italic> That these funds shall be used for
scholarships for academic year 2010–2011 and may be available for scholarships
in academic year 2011–2012: <italic>Provided further</italic>, That
$36,500,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Higher Education</quote> in
the committee report of the Senate accompanying this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="idB85A211B1FF84B7390FCAEC252D67372"><header>Howard university</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idBCD49496C2BF4A8CB055AE2B3278547D"><header>College housing and academic facilities
loans program</header><text display-inline="no-display-inline">For Federal
administrative expenses to carry out activities related to existing facility
loans pursuant to section 121 of the <act-name parsable-cite="HEA65">Higher
Education Act of 1965</act-name>,
$461,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id687FD7024FA54B119784846BB24290E0"><header>Historically black college and
university capital financing program account</header><text display-inline="no-display-inline">For the cost of guaranteed loans,
$10,000,000, as authorized pursuant to part D of
title III of the HEA: <italic>Provided</italic>, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id5EE818DE01AC4B2383A9D604133CB109"><header>Institute of education
sciences</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id6DD7768324EC49989F8494BD57896C54"><header>Departmental
management</header>
</appropriations-intermediate><appropriations-small id="id4A2C9BEA9CCA4ACD9F9958C02E628C82"><header>Program administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id29A04C0F44FF4297843061D8A0022F06"><header>Office for civil rights</header><text display-inline="no-display-inline">For expenses necessary for the Office for
Civil Rights, as authorized by section 203 of the Department of Education
Organization Act,
$103,024,000.</text>
</appropriations-small><appropriations-small id="idA8F11A56D83246CAB5F3D723583C3180"><header>Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idBAAE04EBD13B4880A49EB9381AEB3B83"><header>General
provisions</header>
</appropriations-intermediate><section id="ID8FF626470F34497D8B90BAB86E2CF6BF"><enum>301.</enum><text>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.</text>
</section><section id="ID5FEA1A1E2FEC4794B715D1546460D162"><enum>302.</enum><text>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 <act-name parsable-cite="CRA64">Civil Rights Act of 1964</act-name>. 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.</text>
</section><section id="ID9F04A111C6804C8D8791E7D2D85929D5"><enum>303.</enum><text>No funds appropriated in
this Act may be used to prevent the implementation of programs of voluntary
prayer and meditation in the public schools.</text>
<appropriations-small id="idE69F711329CB418290FF5B21A42476D2"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="ID7F735CC70D6546C7903DEB57F6E62C1F"><enum>304.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
</section><section id="IDFD1D40C773024476AB0D927D01B02257"><enum>305.</enum><text>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.</text>
</section><section id="id03794ced-24b2-48fa-9164-da4776b965c4"><enum>306.</enum><text display-inline="yes-display-inline">None of the funds made available in the
sixth proviso under the heading <quote>Innovation and Improvement</quote> 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.</text>
</section><section id="idffc07d82-806f-4048-86eb-e2c50ed208f4" section-type="subsequent-section"><enum>307.</enum><text display-inline="yes-display-inline">Section 14007 of division A of the American
Recovery and Reinvestment Act of 2009 is amended—</text>
<paragraph id="id1f10f9a2-d9ea-42cc-891b-e7e2daf53809"><enum>(1)</enum><text display-inline="yes-display-inline">by amending subsection (a)(3) to read as
follows:</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id06b6fbe5-f3f6-47ba-95e4-c5f595d7a747" reported-display-style="italic" style="OLC">
<paragraph id="id11a1d258-9c31-460a-8da5-2ea4531adbc2"><enum>(3)</enum><header>Purpose of
awards</header><text display-inline="yes-display-inline">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—</text>
<subparagraph id="idde88f7df-54a5-49eb-bdc2-08e4b7ae231b"><enum>(A)</enum><text display-inline="yes-display-inline">expand their work and serve as models for
best practices; and</text>
</subparagraph><subparagraph id="id5620d1f7-6ca7-4ab2-9c89-e93647fdc5a9"><enum>(B)</enum><text display-inline="yes-display-inline">work in partnership with the private sector
and the philanthropic
community.</text>
</subparagraph></paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="iddaa198c1-4960-4fd4-a1ec-ab52330a60ae"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (b)—</text>
<subparagraph id="id3188c33d-e64c-4f58-8663-813da370891d"><enum>(A)</enum><text display-inline="yes-display-inline">by redesignating paragraphs (1) through (4)
as paragraphs (1)(A), (1)(B), (2), and (3), respectively;</text>
</subparagraph><subparagraph id="idd46e97c2-1fd1-4fc9-9b06-0d67fbe85338"><enum>(B)</enum><text display-inline="yes-display-inline">in paragraph (1)(A), as so redesignated, by
inserting “or” after the semicolon;</text>
</subparagraph><subparagraph id="id6aa52dfb-79ef-4b67-bb82-4338c14f83a2"><enum>(C)</enum><text display-inline="yes-display-inline">by amending paragraph (1)(B), as so
redesignated, to read as follows:</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idc921569a-317f-4895-9fce-c99fabd62da5" reported-display-style="italic" style="OLC">
<subparagraph id="ide8961d90-e762-40a3-a5f9-e3e7a9eff049" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">have demonstrated success in significantly
increasing student academic achievement for all groups of students described in
such section;</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="id38173ba7-ac6e-4847-b167-8fcdf5da4be4"><enum>(D)</enum><text display-inline="yes-display-inline">in paragraph (3), as so redesignated, by
striking “they have established partnerships” and inserting “it has established
one or more partnerships”;</text>
</subparagraph></paragraph><paragraph id="idbe94d27c-a705-4a02-a818-12e0e83cf9ee"><enum>(3)</enum><text display-inline="yes-display-inline">in subsection (c), by striking
<quote>paragraphs</quote> and all that follows through <quote>such
requirements</quote> and inserting <quote>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</quote>;
and</text>
</paragraph><paragraph id="id4e500507-7031-4cf9-80eb-670f37c0c5bc"><enum>(4)</enum><text display-inline="yes-display-inline">by adding at the end a new subsection (d)
to read as follows:</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idA6B0B239CDC34B088438B8E595DA3D78" reported-display-style="italic" style="appropriations">
<subsection id="idf0b5a5de-32bd-42fa-a842-875071814a9b"><enum>(d)</enum><header>Subgrants</header><text display-inline="yes-display-inline">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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="id84E7AD01173543B2A24925EE978854C1"><enum>308.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="id73C4E53EBCA8430B89568EBD30BFE18D"><enum>(1)</enum><text>in subsection
(c)(1)(C)(i), by inserting <quote>, which includes planning for improvement of
school libraries within public elementary school and secondary school
buildings</quote> before the semicolon; and</text>
</paragraph><paragraph id="idE603B6AD1DB34B80B87A04AA07C0D3FE"><enum>(2)</enum><text>in subsection
(d)(1)—</text>
<subparagraph id="idC183DDE01F8047798A8F1BC4AD10DE2E"><enum>(A)</enum><text>in subparagraph
(A)—</text>
<clause id="id1D6843C383C84BD58224A9F197AB347F"><enum>(i)</enum><text>by redesignating clauses
(ii) through (iv) as clauses (iii) through (v), respectively; and</text>
</clause><clause id="id2ECFB9AF484F4694BCB53860AF8671AF"><enum>(ii)</enum><text>by inserting after
clause (i) the following:</text>
<quoted-block changed="not-changed" display-inline="no-display-inline" id="id2D7B48A6A2614EC19BFFC71C851A6AE1" style="OLC">
<clause changed="added" id="idD259CDB140F3400B8007DB342A6EB478" reported-display-style="italic"><enum>(ii)</enum><text>repairing, replacing, or
constructing school libraries at public elementary schools or secondary
schools;</text>
</clause><after-quoted-block></after-quoted-block></quoted-block>
</clause></subparagraph><subparagraph id="id517B2B1338ED49F6872445B771944FD4"><enum>(B)</enum><text>in subparagraph (F), by
inserting <quote>throughout the school building</quote> before the
period.</text>
</subparagraph></paragraph></section><section id="id263019C7C09748368C1E130D2F8D9F3F"><enum>309.</enum><text display-inline="yes-display-inline">Section 307 of the Departments of Labor,
Health and Human Services, and Education, and Related Agencies Appropriations
Act, 2008 is amended by striking <quote>and 2009</quote> each place the term
occurs and inserting <quote>through 2011</quote>.</text>
<appropriations-small id="id2538B6520B19426684F3535D935FDA20"><text display-inline="no-display-inline">This
title may be cited as the <quote><short-title>Department
of Education Appropriations Act,
2010</short-title></quote>.</text><text></text>
</appropriations-small></section><enum>IV</enum><header></header>
<appropriations-major id="id5635B1A9D156480F921945E692494B40"><header>RELATED
AGENCIES</header>
</appropriations-major><appropriations-intermediate id="ID2C7B1D45527748F9837AB41BB7C9B4FC"><header>Committee for purchase from people who
are blind or severely disabled</header>
</appropriations-intermediate><appropriations-small id="ID4B014A02EFF742B398A9E6C35BF250A4"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id2E042B11236C4DED8C4A32E4E63B9E25"><header>Corporation for national and community
service</header>
</appropriations-intermediate><appropriations-small id="idCF110128EB204836B3EA5C214AF3C744"><header>Operating expenses</header><text display-inline="no-display-inline">For necessary expenses for the Corporation
for National and Community Service to carry out the Domestic Volunteer Service
Act of 1973 (<quote>1973 Act</quote>) and the National and Community Service
Act of 1990 (<quote>1990 Act</quote>),
$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:
<proviso><italic>Provided</italic></proviso>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="idDEBF4924996E46B8B1EAD0023AE1E5E2"><header>National service
trust</header>
</appropriations-small><appropriations-small id="id21ACE3032D884F4FABD3527F9AB89FE7"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for the National Service Trust established under subtitle D of title I of the
National and Community Service Act of 1990 (<quote>1990 Act</quote>),
$197,000,000, to remain available until
expended: <italic>Provided</italic>, That the Corporation for National and
Community Service may transfer additional funds from the amount provided within
<quote>Operating Expenses</quote> 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: <italic>Provided further</italic>, 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).</text>
</appropriations-small><appropriations-small id="id9EC80F10DA8D44579E904AEB065AD94D"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id67BE903A25CB4B8FA0836AF05686AFE5"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the Inspector General Act of
1978, $7,700,000.</text>
</appropriations-small><appropriations-small id="id7C92F4DC8B1842D49BC21CFCC8111F9F"><header>Administrative
provisions</header>
</appropriations-small><section id="IDE6020959B2D44487AB94CC6EB6CFEDE1"><enum>401.</enum><text>The Corporation for
National and Community Service (<quote>the Corporation</quote>) 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.</text>
</section><section id="IDFC759704D6B54E7298A17BAC083734A5"><enum>402.</enum><text>Donations made to the
Corporation for National and Community Service under section 196 of the
National and Community Service Act of 1990 (<quote>1990 Act</quote>) 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.</text>
<appropriations-intermediate id="id44D4F153AD824729961448151CA447B4"><header>Corporation for public
broadcasting</header><text display-inline="no-display-inline">For payment to
the Corporation for Public Broadcasting (<quote>Corporation</quote>), as
authorized by the <act-name parsable-cite="CA34">Communications Act of
1934</act-name>, an amount which shall be available within limitations
specified by that Act, for the fiscal year 2012,
$450,000,000: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-small id="id772E59AB7A524BCA894F7159BB327A9B"><text display-inline="no-display-inline">In
addition, for payment to the Corporation for fiscal year 2010,
$71,000,000 as
follows:</text>
<paragraph id="IDe85dce9ff3c24003bf2f15735242db20"><enum>(1)</enum><text>$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;</text>
</paragraph><paragraph id="ID5426082443874c4c9e01bef8a1d7f65e"><enum>(2)</enum><text>$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</text>
</paragraph><paragraph id="ID243ad408cbd94bfebd739af87e732538"><enum>(3)</enum><text>$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.</text>
</paragraph></appropriations-small><appropriations-intermediate id="idECF87FF1E38A45EE88ED512E1E83177F"><header>Federal mediation and conciliation
service</header>
</appropriations-intermediate><appropriations-small id="id8E053A2947014AEBAC499BB65CA82792"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Federal
Mediation and Conciliation Service (<quote>Service</quote>) 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: <italic>Provided,</italic>
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:
<italic>Provided further,</italic> That fees for arbitration services shall be
available only for education, training, and professional development of the
agency workforce: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="id66F79ACB93BC475383A96F93FEC6794B"><header>Federal mine safety and health review
commission</header>
</appropriations-intermediate><appropriations-small id="id8248EF8FC6D147AABA03800238286ACB"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Federal Mine
Safety and Health Review Commission,
$10,858,000.</text>
</appropriations-small><appropriations-intermediate id="idA3C30495BBD144ACA980B164878A5F3E"><header>Institute of museum and library
services</header>
</appropriations-intermediate><appropriations-small id="idBF1EE1871973465B94CA07EE0F575A8B"><header>Office of museum and library services:
grants and administration</header><text display-inline="no-display-inline">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 <quote>Office of Museum and Library
Services: Grants and Administration</quote> in the committee report of the
Senate accompanying this Act: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="id940782F0D1514B62BDF7B12B8B60D2E4"><header>Medicare payment advisory
commission</header>
</appropriations-intermediate><appropriations-small id="id70E2B46D835F43228A53ADAFF403A222"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary to carry out section
1805 of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
$11,800,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.</text>
</appropriations-small><appropriations-intermediate id="id5B4971B767E54E879489AE556989D2A1"><header>National council on
disability</header>
</appropriations-intermediate><appropriations-small id="id98E835B298D4400B98375D4A3F73ADF2"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the National
Council on Disability as authorized by title IV of the
<act-name parsable-cite="REH">Rehabilitation Act of 1973</act-name>,
$3,271,000.</text>
</appropriations-small><appropriations-intermediate id="id0A2A53B8F7684349AFF596A97C165A0F"><header>National labor relations
board</header>
</appropriations-intermediate><appropriations-small id="idEC0D0FB587E4460687966E4028F2972B"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="idD747BE99A32D410A9CC304128BF4329F"><header>National mediation
board</header>
</appropriations-intermediate><appropriations-small id="id307447214FC941B8AC8A38EEAD0058A2"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the Railway Labor Act, including emergency boards appointed by
the President,
$13,934,000.</text>
</appropriations-small><appropriations-intermediate id="id26E1860671FC46C3851F9B459B917CC5"><header>Occupational safety and health review
commission</header>
</appropriations-intermediate><appropriations-small id="id88C23A7D48844913AAFFFAAE0BAE4BBB"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Occupational
Safety and Health Review Commission,
$11,712,000.</text>
</appropriations-small><appropriations-intermediate id="id9CC2EB0B3345484C9554EA6845BCB882"><header>Railroad retirement
board</header>
</appropriations-intermediate><appropriations-small id="id248BFF1C8046479EB5F78C5DA8BB68C4"><header>Dual benefits payments
account</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="idB733A2E03CA849D7A23137D67713E568"><header>Federal payments to the railroad
retirement accounts</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id7C0447DA83FF48348BA193D04D1EC8E1"><header>Limitation on
administration</header><text display-inline="no-display-inline">For necessary
expenses for the Railroad Retirement Board (<quote>Board</quote>) 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.</text>
</appropriations-small><appropriations-small id="idD0BA8B132F074B06B186A8DB39A60B57"><header>Limitation on the office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id95CD8C0D51054493A2B7D5099D356124"><header>Social security
administration</header>
</appropriations-intermediate><appropriations-small id="idFAC29A841B414E42B28D790FC80BE306"><header>Payments to social security trust
funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$20,404,000.</text>
</appropriations-small><appropriations-small id="id0277DC5D1A43463999B96C984F52CC14"><header>Supplemental security income
program</header><text display-inline="no-display-inline">For carrying out
titles XI and XVI of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, $34,742,000,000, to remain
available until expended: <italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">For making, after June 15 of the current
fiscal year, benefit payments to individuals under title XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, for unanticipated
costs incurred for the current fiscal year, such sums as may be
necessary.</text><text display-inline="no-display-inline">For making benefit
payments under title XVI of the <act-name parsable-cite="SSA">Social Security
Act</act-name> for the first quarter of fiscal year 2011,
$16,000,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idF07DD62AD27647888C6D61FDDD4BD156"><header>Limitation on administrative
expenses</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, from any one or all of the trust funds referred to therein:
<italic>Provided</italic>, That not less than
$2,300,000 shall be for the Social Security
Advisory Board: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name> and for the cost associated
with conducting redeterminations of eligibility under title XVI of the
<act-name parsable-cite="SSA">Social Security Act.</act-name></text><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id9FF0727BC24B402493540177B1F329C9"><header>Office of inspector
general</header>
</appropriations-small><appropriations-small id="id7708E09E33C547748835CE050CB1268D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund.</text><text display-inline="no-display-inline">In addition, an
amount not to exceed 3 percent of the total provided in this appropriation may
be transferred from the <quote>Limitation on Administrative Expenses</quote>,
Social Security Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
<italic>Provided,</italic> That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of Representatives
and the Senate.</text>
</appropriations-small></section><enum>V</enum><header></header>
<appropriations-major id="id4D95B901C4B24DE5A87E2DA0C7FC6D49"><header>GENERAL
PROVISIONS</header>
</appropriations-major><section id="IDC72220DEFBEA41F9A7DF2D517FBFFEEC"><enum>501.</enum><text>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.</text>
</section><section id="ID14A53C9506FF406583DD4F3230BF1ACF"><enum>502.</enum><text>No part of any
appropriation contained in this Act shall remain available for obligation
beyond the current fiscal year unless expressly so provided herein.</text>
</section><section id="IDA8A5B07C2430400891B06EAA1BB85F2F"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="IDD2D531A461CC4C3BBEB7192CB134F9DC"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID86882C7D0C5740B7B58B54C9FBA9E160" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="ID6F88465F449C4387AE5AB0059690BEAF"><enum>504.</enum><text>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 <quote>Federal Mediation and Conciliation Service,
Salaries and expenses</quote>; 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 <quote>National Mediation Board, Salaries and
expenses</quote>.</text>
</section><section id="ID1B9D854B8A97495A8FDFA1E8E7CAC491"><enum>505.</enum><text>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.</text>
</section><section id="ID15694F4CF1CE4E08AAAB4DD8C08DC8DE"><enum>506.</enum><text>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—</text>
<paragraph id="ID92252120D2AD40D0BA2B12838720184B"><enum>(1)</enum><text>the percentage of the
total costs of the program or project which will be financed with Federal
money;</text>
</paragraph><paragraph id="ID48F2687BED2B41F1BB44CDD12730B69E"><enum>(2)</enum><text>the dollar amount of
Federal funds for the project or program; and</text>
</paragraph><paragraph id="ID63A592F2EAB347648F0407AED37BB4AD"><enum>(3)</enum><text>percentage and dollar
amount of the total costs of the project or program that will be financed by
non-governmental sources.</text>
</paragraph></section><section id="ID6CEE2DD63F02415EABE515F2D3B99EC6"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID598749649ACC438D80F05B873A2C8283"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID215B9781625B46CFBB9856AFF146AA3A" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID72CC1A67671D472CB11F23D90D01C80F" reported-display-style="italic"><enum>(c)</enum><text>The term <term>health
benefits coverage</term> means the package of services covered by a managed
care provider or organization pursuant to a contract or other
arrangement.</text>
</subsection></section><section id="IDFAEE68B746B845C5ADBCD6D3EEB52C25"><enum>508.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID47716B11496C43A7825E4146F06E2802"><enum>(a)</enum><text>The limitations
established in the preceding section shall not apply to an abortion—</text>
<paragraph changed="added" id="IDB30856C66FCE43A9A3699CC320F8FBA1" reported-display-style="italic"><enum>(1)</enum><text>if the pregnancy is the
result of an act of rape or incest; or</text>
</paragraph><paragraph changed="added" id="IDB68BC1A06F9B45628C468C4E3495C96E" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="ID968F59E65845469DA413CDF82775B92C" reported-display-style="italic"><enum>(b)</enum><text>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).</text>
</subsection><subsection changed="added" id="ID51D1F787E96D4799981EB7BE9AD08EE3" reported-display-style="italic"><enum>(c)</enum><text>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).</text>
</subsection><subsection changed="added" id="IDE8688AE517284257A249D23D70579909" reported-display-style="italic"><enum>(d)</enum><paragraph commented="no" display-inline="yes-display-inline" id="ID7424CA7742AF461DAA66A7652AABFE00"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph changed="added" id="IDA8193F459E63462FAECA31D85CE06665" indent="up1" reported-display-style="italic"><enum>(2)</enum><text>In this subsection, the
term <term>health care entity</term> 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.</text>
</paragraph></subsection></section><section id="ID14E52AF50E644F3A9D4DB75A643B608B"><enum>509.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID02DE6402512A4E54BF1E54FE5DAA578B"><enum>(a)</enum><text>None of the funds made
available in this Act may be used for—</text>
<paragraph changed="added" id="IDC40492C7DB324AE4A7D14D8880B00AA3" reported-display-style="italic"><enum>(1)</enum><text>the creation of a human
embryo or embryos for research purposes; or</text>
</paragraph><paragraph changed="added" id="ID0464DB58BB044A358B33C53DF3D5C68C" reported-display-style="italic"><enum>(2)</enum><text>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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name> (42 U.S.C.
289g(b)).</text>
</paragraph></subsection><subsection changed="added" id="ID0ECBE4B560A84F809F7136AC26E9D398" reported-display-style="italic"><enum>(b)</enum><text>For purposes of this
section, the term <term>human embryo or embryos</term> 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.</text>
</subsection></section><section id="ID2C83D0BA2DFD4A10A02AE03936C0BBAD"><enum>510.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID9D3ECEEB24954AA587C2CF9576306B24"><enum>(a)</enum><text>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
<act-name parsable-cite="CSA">Controlled Substances Act</act-name> except for
normal and recognized executive-congressional communications.</text>
</subsection><subsection changed="added" id="ID98E7EC1E760245B89EDD1B0C2A5042ED" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="IDA5792882AE7445C7B3BF058163C3F81D"><enum>511.</enum><text>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 <act-name parsable-cite="SSA">Social Security
Act</act-name> 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.</text>
</section><section id="ID83333E8D2FC5447AB8B7F827A4091642"><enum>512.</enum><text>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—</text>
<paragraph id="ID34E53F4A44F04DF290874E3DE969F84D"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="ID7BB7FA7CE97D4B219969F7B45DC46460"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="ID8D61C31097F8476FB774434B2ED198C7"><enum>513.</enum><text>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.</text>
</section><section id="ID0E761F3125F34FA7B69D0D5530CAC57A"><enum>514.</enum><text>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.</text>
</section><section id="ID72C40C73A19C47ABAF6E2D58F1EB9B91"><enum>515.</enum><text>None of the funds made
available by this Act to carry out part D of title II of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> 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.</text>
</section><section id="ID60F191E9580B459E8345F3EF4C58CDF0"><enum>516.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID00B7058850BE42209709E6551246752D"><enum>(a)</enum><text>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—</text>
<paragraph changed="added" id="ID7ABB9301F881491A921B1D3645B5AA4F" reported-display-style="italic"><enum>(1)</enum><text>creates new
programs;</text>
</paragraph><paragraph changed="added" id="ID7663840A260C49B49A151109B39F872E" reported-display-style="italic"><enum>(2)</enum><text>eliminates a program,
project, or activity;</text>
</paragraph><paragraph changed="added" id="IDD8BFB6E254234B308E591778EB9A22C7" reported-display-style="italic"><enum>(3)</enum><text>increases funds or
personnel by any means for any project or activity for which funds have been
denied or restricted;</text>
</paragraph><paragraph changed="added" id="IDEA86D3ECB0954C9998CF98AB4957D7F4" reported-display-style="italic"><enum>(4)</enum><text>relocates an office or
employees;</text>
</paragraph><paragraph changed="added" id="IDFE2AFB6D88504BDE87DEA9D258B9FA83" reported-display-style="italic"><enum>(5)</enum><text>reorganizes or renames
offices;</text>
</paragraph><paragraph changed="added" id="ID79852128D36A4F3C9B1A0C26DFFE00F4" reported-display-style="italic"><enum>(6)</enum><text>reorganizes programs or
activities; or</text>
</paragraph><paragraph changed="added" id="ID6D7BB54E98584821B69156C5D87EF4D6" reported-display-style="italic"><enum>(7)</enum><text>contracts out or
privatizes any functions or activities presently performed by Federal
employees;</text>
</paragraph><continuation-text changed="added" continuation-text-level="subsection" reported-display-style="italic">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.</continuation-text></subsection><subsection changed="added" id="IDDE6F2B37275E465B83FFEF238627B8FA" reported-display-style="italic"><enum>(b)</enum><text>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—</text>
<paragraph id="IDEF8CB61974F145B28C14EAA45EF06835"><enum>(1)</enum><text>augments existing
programs, projects (including construction projects), or activities;</text>
</paragraph><paragraph id="ID19BFE8A8CD5F48A5B4F5E104214A626C"><enum>(2)</enum><text>reduces by 10 percent
funding for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or</text>
</paragraph><paragraph id="ID28B8D94AA4F649A08AE04E4AE5E90CCD"><enum>(3)</enum><text>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;</text>
</paragraph><continuation-text continuation-text-level="subsection">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.</continuation-text></subsection></section><section id="IDC05FC80CFCEB441CB4DD86731B2486CB"><enum>517.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID2C8F9ABC188345ACAA750666CA332B19"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID3406719CC14842F4BAF2D2962EE248AD" reported-display-style="italic"><enum>(b)</enum><text>None of the funds made
available in this Act may be used to disseminate scientific information that is
deliberately false or misleading.</text>
</subsection></section><section id="IDE1B98A3C4C6C476B893807ED33C5EA94"><enum>518.</enum><text>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.</text>
</section><section id="ID268842F10C5D4D6DA83BCFB70ED1302F"><enum>519.</enum><text>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.</text>
</section><section id="id5FA0AEE94EED41FBA8383DC503E5E97B"><enum>520.</enum><text display-inline="yes-display-inline">Section 8103(b) of Public Law 110–28 is
amended—</text>
<paragraph id="idDB9BCFA0BBFB4CEDA6D59047870CD888"><enum>(1)</enum><text>in paragraph (1)(B), by
inserting before the semicolon the following: <quote>, except that, beginning
in 2010 and each year thereafter, such increase shall occur on September
30</quote>; and</text>
</paragraph><paragraph id="id49A316DC3E424AEBABF2ED9D03C3C3E9"><enum>(2)</enum><text>in paragraph (2)(C), by
inserting before the period the following: <quote>, except that, beginning in
2010 and each year thereafter, such increase shall occur on September
30</quote>.</text>
</paragraph></section><appropriations-small id="id7BD19D564DE047B48544C10AE2F98F58"><text display-inline="no-display-inline"><added-phrase reported-display-style="italic">This Act may be cited as the
<quote><short-title>Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2010</short-title></quote>.</added-phrase></text>
</appropriations-small>
July 27, 2009
Received; read twice and referred to the Committee on
Appropriations
August 4, 2009
Reported with an amendment