Amendment Text: H.Amdt.390 — 111th Congress (2009-2010)

There is one version of the amendment.

Shown Here:
Amendment as Offered (07/24/2009)

This Amendment appears on page H8785 in the following article from the Congressional Record.



[Pages H8727-H8793]
  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 673 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 3293.

                              {time}  1131


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3293) making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes, with Mr. Holden 
in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Wisconsin (Mr. Obey) and the gentleman from Kansas 
(Mr. Tiahrt) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I want to thank Mr. Tiahrt and every member 
of the subcommittee on both sides of the aisle for the work that 
they've put in in bringing this bill to the floor today. It's a 
controversial bill. I know we've had a lot of disagreements, but I 
think that the disagreement has not been disagreeable, and I appreciate 
that very much.
  I want to thank Beverly Pheto, Rebecca Motley, Cheryl Smith, Susan 
Quantius, Nicole Kunko, Stephen Steigleder, Mike Gentilly, Amy 
Battaglia, Albert Lee, Christina Hamilton, and Ellis Brachman; and on 
the minority side, Steve Crane, Stephanie Meyers and AmyClaire Brusch 
for all of the staff work that has been put into this bill.
  Mr. Chairman, this country has pushed a lot of money, government 
money, taxpayers' money, into the financial sector of the economy and 
Wall Street the last few months in order to try to stabilize the 
economy. This is the bill that tries to deal with the problems of 
everybody else in this society.
  I urge its passage, and I reserve the balance of my time.

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[[Page H8753]]

  Mr. TIAHRT. I thank the chairman. It's a pleasure to be here with you 
this morning as we continue to consider the fiscal year 2010 Labor, 
HHS, and Education Appropriations bill.
  First, I'm frustrated by my role here today. Instead of being able to 
perform my duties as a ranking member as I've done in the past, my role 
requires that I protest the way debate is suppressed on this bill. It 
is necessary, but not something that I relish.
  Usually the role of the ranking member on the Appropriations 
Committee, as well as the authorizing committees, is to present the 
views of the minority and to work with the majority in crafting a bill 
that combines the best ideas of both sides of the aisle. We do this 
through the amendment process. As the ranking member, I have not always 
agreed with what my colleagues on the other side of the aisle have 
proposed, but I always defended their right to offer their amendments.
  Mr. Chairman, I do want to thank Chairman Obey for reaching out to me 
during the drafting of this bill. He is a passionate advocate for many 
of the programs funded in this bill, and he has clearly put a great 
deal of thought into this bill before us. I also want to credit him for 
trying to put together a bill that Members could support by including 
many national priorities; yet, due to the wholly unsustainable 
allocation on top of an already unsustainable allocation in the 
stimulus bill for these agencies, we could not agree on the final 
product.
  I also want to thank the staff for their dedication to this important 
bill, on the majority side, Cheryl Smith, Susan Quantius, Nicole Kunko, 
Stephen Steigleder, Albert Lee, Mike Gentilly, Amy Battaglia and Devon 
Klein; on my side, Stephanie Myers, Steve Crane, of course AmyClaire 
Brusch from my personal office staff.
  One of the most important duties of this House, as directed by 
article I, section 9 of the Constitution, is to determine the financial 
obligations of the Federal Government, the power of the purse, as we 
say. This is, indeed, what we are here to do today, with the Labor-HHS-
Education Appropriations bill. Yet instead of being able to have a 
healthy discussion, as the Founders intended with this representative 
body, Members, both Republican and Democrat, I note, are shut out of 
the process and only permitted to speak for a short time without the 
ability to offer alternatives.
  Several of my colleagues and I submitted amendments to the Rules 
Committee for consideration on the floor today. I think they are 
substantive amendments that deal with the public policy issues our 
constituents sent us here to debate. Even though they met the 
requirements for consideration on an appropriations act, the Democrat 
leadership decided to report a gag rule that severely limits our 
ability to offer them.
  When we first started down this road to ruin with respect to the 
autocratic rules that govern debates on appropriations bills, we were 
told that these rules were required because Republicans were 
``filibustering by amendment'' and because we would not commit to time 
limits. We knew at the time that those arguments were mere fig leaves, 
and over the past few weeks, the evidence has become crystal clear.
  We were told that we had to finish our work quickly, so time 
agreements were essential. Next, we were told that we had done nothing 
to limit our amendments. Strangely, when we were in the majority, we 
didn't limit amendments to appropriations bills. Why? Because we 
believed then, as we do now, that Members have not only the right, but 
the constitutional responsibility, to represent their constituents.
  Even so, while we were stating our continued concern about the 
restrictive rules by which we have been forced to abide for this bill, 
we reached out in good faith. Instead of offering upwards towards 50 
amendments, House Republicans, in good faith, limited the amendments 
request. This year, there were fewer Republican amendments offered on 
this very substantial bill than were offered under an open rule just a 
few years ago.
  Republicans offered 12--only 12--amendments. Did some of those 
amendments pose potentially difficult votes for Democrats? I guess so.
  We had an amendment by Mr. Carter and Mr. Burton, which would have 
been in order under an open rule, to prohibit the Democrats from 
killing the largest student loan program in operation today. Is it 
permitted to be offered today? No.
  We had an amendment by Mr. Lewis, the ranking Republican of the 
Appropriations Committee, again in order under the standing rules of 
the House if we were operating under the procedures that allowed the 
American people full representation. The amendment would have 
prohibited the Secretary of Health and Human Services from starting a 
government-run health insurance plan. The amendment was ruled by the 
Parliamentarians to be permissible under the standing House rules. Is 
Mr. Lewis going to offer his amendment today? No. Why not? The 
Democrats don't want to vote on socialized medicine, probably because 
their leadership and their constituents don't agree how they should 
vote.
  As ranking Republican on this subcommittee, I had an amendment that 
would have done nothing other than codify the nonbinding language the 
majority included in the so-called stimulus bill with respect to using 
comparative effectiveness research as an excuse to ration health care. 
Was I permitted to offer it? No.
  As I travel through the State of Kansas and talk to the people who 
sent me here, it is clear that most Kansans, and I think most 
Americans, are wondering if this Congress and this administration 
understand the long-term ramifications of the massive spending spree 
we've been on since January. The stimulus bill we passed spent nearly 
$800 billion, money we don't have. When you add the interest that we'll 
have to pay to the Chinese who buy our debt, the cost is going to 
exceed $1 trillion.
  And what do we have to show for that exercise? Unemployment has hit 
9.5 percent nationwide and is expected to rise above 10 percent. Some 
States are already well over 10 percent unemployment. If this is 
recovery, then it is a ``jobless recovery.'' Well, who does that help?
  We have massive amounts of money spent on programs, many funded by 
the agencies in this bill that are maybe good in the long term but have 
absolutely nothing to do with bringing this country out of the economic 
crisis we're facing today. What it did do is create a mountain of 
spending that will hit next year and create the cliff effect.
  At the time, the President and the Democrats in the majority claimed 
this was one-time spending that would drop off after 2011. I'd like to 
believe that's true, because if it isn't, this bill will cost about 
$220 billion, or $60 billion above where we are today, which is about a 
40 percent increase.
  I suppose that would be okay if we had an extra $60 billion laying 
around in the Treasury, although I'd prefer to give it back to those 
who worked so hard to earn it. But the fact is, we do not have this 
money. It is borrowed. It is borrowed from the American people. It is 
borrowed from their future earnings, and it is borrowed from foreign 
governments like China.
  Next week we will consider the health reform bill that looks like 
it's going to cost well over $1 trillion, and it is full of provisions 
that instruct the Congressional Budget Office to overlook the spending.
  We had a budget submitted to us by the White House this year that, 
for the first time, exceeded $3.5 billion in total spending. The White 
House is apparently so worried about letting the American people know 
how much of their money is being spent that they have delayed the 
traditional midyear budget review, which is expected to show a historic 
deficit. It's delayed until next month when Congress has left 
Washington and while many Americans are on vacation--well, those that 
can afford it this year, anyway.
  I want to make clear to the American people what exactly we are 
voting on here today. It's $163 billion in discretionary allocation and 
an $11 billion increase from fiscal year 2009, but that is about a 7 
percent increase. But the true cost to the American taxpayer has to 
include the $126 billion that was allocated for those agencies in the 
stimulus act. So, in reality, these agencies have grown by $135.3 
billion, or a 93 percent increase over 2 years, 93 percent.
  My colleagues and I were prepared, as is historically done in this 
body, to offer amendments to hold the spending to levels we can afford, 
even move from

[[Page H8754]]

some of the overfunded programs to the underfunded programs, such as 
special education, but as I have noted, we are prohibited by the 
Democrat leadership from doing so today.
  In addition to the excessive spending in the bill, we have several 
other concerns. First and foremost, though the distinguished chairman 
has told us in committee that this bill has nothing to do with the 
health care reform bill the Democrat majority is crafting, the 
committee report for this bill that they are crafting includes language 
that tells a different story.
  It acknowledges that this bill is setting the foundation for the 
implementation of health care reform, and it also acknowledges the 
stimulus does, as I argued then, ``the committee continues the 
investments begun in the Recovery Act to expand the capacity of the 
health care system to handle the increased demand that will come from 
health care reform.''

                              {time}  1145

  So, indeed, it is important for us to talk about health care reform 
proposals, how they will impact these agencies and, more importantly, 
how they will impact the American people. I do not think that there is 
a Member of this body who denies the importance of reforming our health 
care system. We have serious problems with regard to cost and access 
and rationing, even to a point where choice and quality will also be 
threatened.
  My biggest concern with the Democrat proposals as intended is the 
rationing of health care. The Obama administration has begun to set the 
framework for rationing health care with comparative effectiveness 
research. Who is going to be affected most by this rationing and by 
using comparative effectiveness to do so. Unfortunately, it is those 
with the most to lose. Though they deny this program is intended to 
make coverage decisions based on cost, the government already does in 
Medicare and Medicaid and in TRICARE.
  Forcing us into a public plan that rations health care is not what 
the American people want. What they need and want is medical decisions 
made by patients and their physicians, not unelected government 
bureaucrats. Congressional Democrats are actively campaigning for a 
nationalized health care proposal that includes more than $800 billion 
in new tax increases. It's estimated that this plan will result in 4.7 
million workers losing their jobs as a result of tax hikes on business.
  Under the President's government-run health care plan, businesses 
will face further operating costs, jobs will be cut and, worst of all, 
Americans will be left with fewer choices and lower-quality health 
care. Having seen the failed results of the administration's so-called 
economic stimulus plan, the last thing Americans need is to have 
Democrat leaders nationalizing our health care system.
  Reforms to the health care system are needed and Republicans have 
offered to work with the Democrats in creating a bipartisan solution. 
But so far our efforts have been ignored by Speaker Pelosi and 
President Obama. We have offered a plan to promote new jobs to enhance 
the growth in our economy that does not strangle the already faltering 
economy. Most importantly, any health care plan should offer Americans 
freedom through expanded access and increased quality.
  My colleagues and I tried to offer amendments today that would have 
prevented the Department of Health and Human Services from using our 
tax dollars to implement policies that would ration care, that would 
have prevented a burden on small businesses and threaten jobs, that 
would have prevented an advisory board accountable to no one that 
determines health care payment policies, or that would have prevented 
Americans from being forced into a public plan instead of their private 
insurance.
  These are extremely important protections that HHS is already moving 
towards doing, and more, with the stimulus funds as well as expected 
funds for next year. I assure the chairman and his leadership that our 
intent is not to be obstructionists, or to be dilatory. However we 
believe it is important to preserve the integrity of this body and have 
a full and open discussion on the funding levels in this bill.
  Therefore, it was important for me to take time to explain at length 
to the American people why there is scant debate on this bill. We are 
not being silent. We're simply being gagged. In closing, I believe 
there is a better way to provide services included in this bill. I 
believe there are commonsense ways to provide health care to all 
Americans without rationing and without the cost of Americans losing 
their jobs. There's a way that increases access and keeps patients and 
doctors in control in health care. And I believe there's a way to 
rebuild our economy without borrowing money to do it.
  But today we won't have access to these solutions. That debate, those 
votes were prevented by the majority. Because of that, the American 
people will suffer.
  I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I rise to enter into a colloquy with the 
gentleman from Colorado and yield to Mr. Polis.
  Mr. POLIS. I want to thank the chairman for his committee's work on 
this bill and, in particular, his attention to the Energy Employees 
Occupational Illness Compensation Program. This bill provides the 
necessary resources to better serve seriously ill former nuclear energy 
workers, and we appreciate the committee's work to make that happen. We 
hope that this program will expand in the coming year and will serve 
more former nuclear energy workers in the process.
  Mr. OBEY. I yield to Mr. Perlmutter.
  Mr. PERLMUTTER. As we work with the Department of Labor on needed 
reforms, we hope that the committee will continue to work with us and 
OMB to ensure that this program continues to provide benefits to 
seriously ill individuals, and that the EEOICPA Ombudsman's Office 
continues to have the resources it needs to maintain its important 
oversight responsibilities over this program.
  Mr. OBEY. I thank both gentlemen for your efforts on this issue. The 
committee will work with the gentlemen, the Department of Labor, and 
OMB, to ensure that this program continues to help deserving 
beneficiaries, and that the Ombudsman's Office continues to have the 
resources it needs to properly fulfill its oversight duties.
  I reserve the balance of my time.
  Mr. TIAHRT. Mr. Chairman, I would like to yield 2 minutes to the 
gentleman from Michigan, a member of the Ways and Means Committee, Mr. 
Camp.
  Mr. CAMP. Mr. Chairman, I intend to vote against this bill, but I 
want to recognize and highlight one section, and that is ensuring 
workers continue to get promised regular and extended unemployment 
benefits and States are able to keep paying those benefits. Let's be 
clear why this provision is necessary. The Democrats' economic policy 
has resulted in record job loss, record deficits and none of the job 
creation they promised. But American workers should not pay for the 
mistakes and failures of the Democrats' so-called stimulus bill.
  Just yesterday we reached yet another record in the number of 
American workers collecting unemployment checks instead of paychecks, 
and the Nation's unemployment rate is headed quickly to 10 percent and 
is already above 15 percent in my home State of Michigan.
  Mr. Chairman, Americans can surely see the record unemployment, but 
they cannot see where the jobs are. The President and administration 
officials recently suggested their stimulus plan is working as intended 
and helping the economy recover. Well, it's not. The bill before us 
proves that. As the chart next to me shows, since President Obama was 
sworn into office, the Nation's public debt and unemployment combined, 
the Obama Misery Index, has risen by a shocking 40 percent, and that's 
before literally trillions of dollars in additional spending under the 
Democrats' stimulus, energy and health plans, and whatever higher 
unemployment lies ahead.
  The bill reflects the continued failure of their economic policy to 
save or create millions of jobs they promised would flow quickly from 
their stimulus bill. Mr. Chairman, Republicans offered a plan that 
would have provided twice the jobs at half the cost. It was 
disappointing when it was rejected earlier this year, and the bill 
before us, in

[[Page H8755]]

which Congress is bailing out the Federal unemployment bailout fund for 
States, is yet another reminder of the failure of the bill Democrats 
wrote behind closed doors and forced through Congress.
  Given the amendments, as the ranking member articulated, that were 
not allowed or not included, I can only hope that this bill comes back 
from the Senate improved. Mr. Chairman, we must help those who need 
help. But it would be nice if the Congress would provide them a job, 
not another unemployment check.
  Mr. OBEY. I yield 1\1/2\ minutes to the distinguished gentlewoman 
from New York (Mrs. Lowey).
  Mrs. LOWEY. I want to thank Chairman Obey and Ranking Member Tiahrt 
and their staffs for their hard work in crafting this bill. Overall, 
this is an excellent bill which includes increases for critical 
programs such as Pell Grants, NIH, family planning services, GEAR-UP, 
TRIO and after-school programs, just to name a few.
  Despite the positive provisions before us, I'm disappointed that the 
bill eliminates the Safe and Drug Free School and Communities State 
Grants. The community-based coalitions in White Plains, Ossining, 
Larchmont, Port Chester and Ardsley, to name a few, are working 
tirelessly to reduce drug and alcohol use among young people. I hope I 
can work with the chairman to restore funding for this program as the 
bill moves through the process.
  Despite this concern, the bill takes big steps towards addressing 
some of our Nation's most pressing challenges. I am proud to support 
it, and I encourage my colleagues to do the same.
  Mr. TIAHRT. I yield as much time as he may consume to the gentleman 
from California, the ranking member of the Appropriations Committee, 
Mr. Lewis.
  Mr. LEWIS of California. Mr. Chairman, as we begin the 11th of 12 
appropriations bills, let me congratulate David Obey, as well as Mr. 
Tiahrt, for their very fine work together. They're agreeing to disagree 
on many of the key issues here but, nonetheless, work very positively 
at the subcommittee level.
  Mr. Chairman, the Labor-HHS spending bill we will consider today is 
an appropriations bill that involves a very significant level of 
funding. By now we all know how important it is to Chairman Obey to 
complete each of the spending bills by the end of July. It's almost a 
badge of courage for him to go into the August recess saying, ``I did 
my job; the House Appropriations Committee has completed its work.''
  To some extent, I know how he feels. On June 30, 2005, Mr. Obey and I 
celebrated the passage of all of the fiscal year 2006 spending bills 
with our bipartisan staff just across the hall from the House Chamber. 
And for the record, each of those spending bills was considered on this 
floor under an open rule with unlimited opportunity for Members of both 
parties to offer and debate amendments.
  Today, the House is under different management and, clearly, we're on 
a different path. In 2005, there were 27 amendments offered on the 
House floor during consideration of the Labor-HHS bill. And it took a 
total of 14 hours over 2 days to complete our work. Today, only five 
amendments have been made in order, and we will conveniently complete 
our work in time for a late lunch.
  Until today, every single floor amendment allowed by the majority on 
every spending bill considered thus far, they have been limited to 10 
minutes of debate time. That is until now. Members on both sides of the 
aisle may be interested to know that the Rules Committee has generously 
allotted 20 minutes for the consideration of amendments today, an 
amendment to be offered by Chairman Obey himself. Sadly, as other 
Members are shut out of the process time and time again, Chairman Obey 
is an exception to the rule.
  By this time next week the House will have passed each of its annual 
spending bills. Every Member of this body knows that the majority 
leadership has only been able to achieve its goal by pursuing a 
distorted road map, stifling any and all meaningful debate throughout 
the process. To me, it's a legislative sleight of hand that obliterates 
the rights of every American and undermines the very institution we all 
love.
  A few years ago, a very talented baseball player, Barry Bonds, took a 
shortcut to break the home run record. This was a ball player with 
tremendous natural talent and great skills that, on its own, could have 
achieved greatness. But because he took the easy way out, he undermined 
his own credibility as well as the magnitude of that record-breaking 
performance. Barry Bonds felt then, as the majority leadership seems to 
feel today, that the end justify the means. In the mind's eye of the 
public, Barry Bonds' achievement was illegitimate, and as an asterisk 
was placed next to his performance in the history books and even on the 
record-breaking home run ball. Barry Bonds never recovered and, I fear, 
neither will this committee or this Congress.
  As this majority leadership continues to add to the mountain of debt 
on a daily basis, it's important that we remind the American people 
that each of the spending bills are being completed this year in much 
the same manner as Barry Bonds setting the home run record. The 
majority leadership is taking shortcuts to pass these bills, an 
achievement they apparently could not attain within the rules. As a 
result, the Rules Committee has become to Chairman Obey what steroids 
became to Barry Bonds, not a ticket to the Hall of Fame, but merely the 
means to an end.
  I do not hold all of my friends of the majority party responsible, 
for many of them feel as strongly as I do about an open process. I 
believe most of my friends would prefer to return to the time-honored 
practices and traditions of our committee.

                              {time}  1200

  I know many of them have grown weary of the arm-twisting and of the 
overly partisan instructions to oppose every Republican amendment 
offered in our full committee.
  I don't know if or when our committee will ever return to the old 
days, but I do know that, when the history of the fiscal year 2010 
budget process is written, it will be noted with a Barry Bonds asterisk 
that these spending bills were completed under an entirely illegitimate 
process.
  The lesson learned is this: To this majority leadership, the end is 
more important than the means, and sadly, it will take any shortcut 
necessary to win.
  Mr. OBEY. I yield 1\1/2\ minutes to the gentleman from Rhode Island 
(Mr. Kennedy).
  Mr. KENNEDY. Chairman Obey, I want to commend you for the very hard 
work that you put into this bill, which shows a strong commitment to 
America's children, seniors, families, and others most in need. In 
particular, I want to thank you for increasing funding for the NIH, CDC 
and SAMHSA.
  When it comes to medical research, this bill moves our Nation 
forward. It provides $500 million over the President's budget for the 
National Institutes of Health so the NIH can move us closer to the 
cures that we all wait for.
  When it comes to public and preventative health, this bill moves our 
Nation forward. It provides increases to health professionals and to 
nursing education and to the very serious public health and national 
security crises posed by the H1A1, avian flu. This bill prepares us for 
that uncommon threat.
  When it comes to mental health and substance abuse services, this 
bill moves us forward. In particular, Mr. Chairman, I want to thank you 
for funding a new initiative regarding the effects of the economic 
downturn on mental health, called the Community Resilience initiative. 
Through this funding, we are going to be able to design a health 
program that meets our public's mental health resilience needs at a 
time of economic downturn and of very strong public stress.
  In my State of Rhode Island, with 12 percent unemployment and in a 
state of budget crisis, my people and our country's needs are much 
greater because of this pressure, not only on our economy but on the 
public at large in their personal lives.
  For that, I want to thank you, Mr. Chairman, for these increases in 
funding.
  Mr. TIAHRT. Mr. Chairman, might I inquire of how much time is left?
  The CHAIR. The gentleman from Kansas has 8 minutes remaining. The 
gentleman from Wisconsin has 25 minutes remaining.

[[Page H8756]]

  Mr. TIAHRT. I yield 2 minutes to the gentleman from New Jersey (Mr. 
Smith).
  Mr. SMITH of New Jersey. Mr. Chairman, it is time to take a second 
look at Planned Parenthood. I respectfully ask Members to support the 
Pence amendment which will be offered later on.
  Mr. Chairman, no child is safe in a Planned Parenthood clinic. That 
goes equally for the preborn child who is yearning to be born as well 
as for the 15-year-old pregnant girl being told she is entitled to a 
secret abortion, an abortion procured with neither her parents' 
knowledge or consent.
  Each year, with poison pills or by dismemberment, Planned Parenthood 
aborts more than 305,000 unborn children. That's a quarter of all 
abortions performed in America--a staggering loss of children's lives 
that, years to date, now exceeds over 5 million dead babies all by just 
one organization.
  Planned Parenthood aggressively lobbies and litigates against every 
modest restriction that has been proven to significantly reduce 
abortions. Planned Parenthood lobbies and litigates against women's 
right-to-know laws, waiting periods and parental involvement statutes, 
even though the latter has been shown to reduce abortions among teenage 
girls by between 19 and 31 percent. Planned Parenthood lobbies and 
litigates against prohibitions of taxpayer funding for abortions even 
though Planned Parenthood's own research shows that funding bans reduce 
abortion by between 20 and 35 percent. Millions of children live today 
because public funds weren't available to effectuate their demise. Yet 
Planned Parenthood aggressively seeks to compel taxpayer funding for 
abortion.
  It is time, Mr. Chairman, to take a second look at Planned 
Parenthood. It is time to understand the irreparable harm Planned 
Parenthood is doing to the children of America, both born and unborn.
  Mr. OBEY. I yield 1\1/2\ minutes to the distinguished gentlewoman 
from Minnesota (Ms. McCollum).
  Ms. McCOLLUM. Mr. Chairman, I would like to start by commending 
Chairman Obey for his leadership and for his crafting of a fiscally 
responsible bill that meets the needs of America's children, families, 
seniors, and communities we live in for today and tomorrow.
  This bill marks a new era in which Congress and the White House are 
working in partnership to invest in the health, education, workforce 
training, and success of all of our country's citizens. I would like to 
highlight some of the investments that are most important to my 
constituents in Minnesota.
  The $5.1 billion included in LIHEAP ensures that more than 7 million 
low-income households will have the money they need to keep warm this 
winter. The education increases in Head Start, IDEA, TRIO, and Pell 
Grants will help give our children a quality education and 
opportunities to attend and succeed in college. The $3.8 billion for 
the Workforce Investment Act will help to retain our neighbors who have 
been hurt by these tough economic times. Lastly, the investments in the 
CDC and in the NIH will strengthen public health and health research, 
which are critical to keeping America healthy.
  Families in Minnesota and across the United States need this bill. I 
strongly support this bill, and I urge my colleagues to support it as 
well.
  Again, I want to commend Chairman Obey and his staff for their 
extraordinary commitment to giving all of America's children and 
families the opportunity to be healthy, secure and successful.
  Mr. TIAHRT. Mr. Chairman, I would like to yield 2 minutes to the 
gentleman from Florida (Mr. Crenshaw), who is also a member of the 
Appropriations Committee.
  Mr. CRENSHAW. I thank the gentleman for yielding.
  Mr. Chairman, as a member of this committee, I certainly want to 
commend Chairman Obey and Ranking Member Tiahrt for bringing this bill 
to the floor today.
  Like a lot of legislation, there are some good things in this bill, 
and there are some things that are not so good. One of the best things, 
I believe, is the money that we are appropriating to the National 
Institutes of Health, some $31 billion, which is about a 3 percent 
increase over last year. I think the research that they do is 
efficient. It's cost-effective. They find cures for disease. They help 
prevent disease. I think we'd all agree that the money we spend today 
can save us billions of dollars tomorrow.
  One of the areas to which this money is going is the area called 
``inflammatory bowel disease.'' You don't hear much about it. It's a 
terrible disease. It affects about 1.5 million people in America today. 
About 10 percent of them are young people. We don't know what causes 
it, and we don't know how to cure it, but the money that is part of 
this NIH today is going to really make some major breakthroughs because 
so little is known.
  It is one of the most exciting areas in scientific research, so it's 
my hope, as this money continues to go to this area, that one day we 
will be able to find a cure and will be able to beat this terrible 
disease.
  Mr. OBEY. I yield 1\1/2\ minutes to the distinguished gentleman from 
Ohio (Mr. Ryan).
  Mr. RYAN of Ohio. I thank the gentleman.
  Mr. Chairman, there have been a lot of people saying: Why are we 
rushing? Why aren't there more amendments? Why isn't there more debate?
  We have an obligation to the American people to get these budgets 
done. The fiscal year starts at the end of October, and we need to get 
our job done.
  I want to commend Chairman Obey for making sure that we are going to 
get all of these House bills done before we leave in August. Given all 
of the tactics that our friends on the other side have used, I think 
it's going to be quite an accomplishment. It's important for us to 
remember that our friends on the other side had control of the House, 
had control of the Senate, had control of the White House, had control 
of the Supreme Court, had a chance to implement their health care 
policy, their energy policy and their overall economic policy. That's 
the world that we're living in right now. They had control of 
everything, and we're trying to fix it.
  The $1,100 increase in gas prices per family over the course of the 
last 10 years and the increase in health care, going up 120-some 
percent over the last decade for small businesses--that's a tax. We're 
trying to fix it. If we do nothing, gas prices are going to continue to 
go up; energy costs are going to continue to go up; health care costs 
are going to continue to go up. We are trying to rein this in, and we 
are trying to fix it. I think this bill does a lot of what we need to 
do.
  This eliminates 28 programs; it cuts $1.3 billion out of the bill; it 
funds community health clinics so that 17 million patients can have 
some access to health care; it increases the Pell Grants since 
Democrats have had an opportunity to move in; there is a $1,500 
increase, a 37 percent increase, in charter schools.
  The CHAIR. The time of the gentleman has expired.
  Mr. OBEY. I yield the gentleman an additional 30 seconds.
  Mr. RYAN of Ohio. There is $256 million for helping start up 1,300 
new charter schools; there are investments into the NIH for cancer 
research.
  These are the investments that we need to make. This is the situation 
we've been given, and these are the cards we've been dealt. I think 
this bill goes a long way in trying to clean up this mess. It's not 
going to happen overnight. It took 10 years of Republican leadership to 
get us in the worst economic situation we've been in since the Great 
Depression. It's going to take a few years for us to get out. The 
current system cannot continue. This bill, the energy bill and the 
health care reform are all opportunities for us to change the direction 
in which we're going.
  Mr. TIAHRT. Mr. Chairman, apparently, the gentleman from Ohio has 
overlooked the fact that every spending bill that has made it to the 
President's desk since 2007 has been originated by the Democrat-
controlled House. So I would like to correct that.
  May I inquire as to how much time remains in this debate?
  The CHAIR. The gentleman from Kansas has 4\1/2\ minutes remaining. 
The gentleman from Wisconsin has 21\1/2\ minutes remaining.
  Mr. TIAHRT. I will yield myself such time as I might consume.
  Mr. Chairman, sometimes there is convenient memory loss about what

[[Page H8757]]

has happened in the economy recently. Since 2007, the House 
Appropriations Committee, as well as the full House, have been 
controlled by Democratic leadership. The bills that were voted for in 
the bailout last year were voted for by the current President, then-
Senator Obama. So, to think that the economic woes of today were 
imposed upon the Democratic-controlled House by Republicans is a 
stretch of even the wildest imagination. To assume that the Republicans 
in the House controlled the Supreme Court at any time in the history of 
this country is a stretch of the imagination.
  The bill before us today, when added with the stimulus bill, is a 93 
percent increase in spending. It's a tremendous amount of money, and 
it's money that is not designed to bring jobs back to America but 
merely to continue existing programs and even to create new programs 
that have not gone through the hearing process, the process of 
developing, of changing and of molding these programs, so that they are 
fully productive for the American people, whether it's in health care 
or in education or in labor.
  So I think that it's important for us to realize that this bill has a 
lot of money which is money we don't have, excessive money, and it 
should have had the opportunity, through the amendment process, to be 
brought back to levels that we can afford, to levels that would not 
have imposed an excessive amount of borrowing for the American people, 
because that borrowing leads to requirements for not only ourselves but 
for future Americans, who work hard for their money, to then pay money 
for programs that have already existed in the past.
  So, Mr. Chairman, I would say that this process has been, I think, 
restricted in an unnecessary fashion, and because of that, there are 
many people who will not be able to support this legislation.
  I want to, once again, acknowledge that the chairman of the 
Appropriations Committee has spent a lot of time and a lot of effort, 
and has looked deeply into the details of this bill. I think that this 
bill is an encompassment of his passion for serving, and he has done a 
very good job on the details and on the work that he has put into this 
bill. I want to acknowledge that publicly and thank him for that 
effort. I wish that the spending levels were less so that I could also 
join with him in supporting this measure, but I will not be able to do 
so.
  In the future, as we move forward, I hope that, next year, we bring 
the spending levels to an area that is acceptable and that continues 
these very necessary programs, because much of this bill is work that 
needs to be done in America. I am looking forward to working with the 
chairman on this bill next year to, hopefully, achieve those levels.
  With that being said, I yield back the balance of my time.

                              {time}  1215

  Mr. OBEY. Mr. Chairman, I recognize myself for the remainder of the 
time.
  Mr. Chairman, before I get into the specifics of the bill, I would 
like to take a couple of minutes to respond to some of the criticisms 
that have been made about the process by which this bill has come to 
the floor.
  Much has been made of the fact that this bill did not come to the 
floor under an open rule. There is nothing really new about that. On at 
least 25 occasions during the Republican control of this House, 
appropriation bills came to the floor without being under an open rule. 
But I want to specifically address the so-called ``outrage'' that has 
occurred by our supposedly denying Republican amendments the right to 
get a vote.
  Here are the facts: Republican Members of the House offered 14 
amendments. They filed 14 amendments with the Rules Committee. Four of 
those amendments were not in order under the rules. A point of order 
could have been lodged against all of them, so they were out. Three 
more were on subjects that belong in the health care debate or the 
health care reform debate, which is now working its way through the 
Congress.
  I think what happened is that some Members on the other side of the 
aisle mistook me for Henry Waxman and thought we were in the Energy and 
Commerce Committee. Now, I don't think I look like him. I don't think 
Henry would want to look like me. But somehow there is confusion.
  So our Republican friends have brought a number of amendments, three 
of them, to this bill on subjects such as forbidding us from having a 
public option in the health care reform bill. That's not under the 
jurisdiction of this committee. All that would do is add to the 
confusion. So those amendments were rejected by the Rules Committee.
  Then our Republican friends offered another amendment which dealt 
with the issue of indirect student loans, whether that program should 
expire or not. That is an issue which was decided by the Education and 
Labor Committee earlier this week. It is an authorization. It's not an 
appropriation issue. So it's decided on that bill.
  So that takes us from the Republicans' 14 initial amendments down to 
five amendments. We made in order four of those five amendments. The 
one amendment that we did not make in order that was remaining was an 
amendment that would have added a billion dollars to a program that we 
already added $12 billion to earlier this year in the recovery package. 
We put $12 billion in increases into special education. In the 12 years 
that the Republicans controlled this place, in total they only added 
$8.5 billion to that program. So we poured money into that program. And 
given the competition on the part of all other programs for taxpayers' 
money, I think the Rules Committee justifiably felt that that amendment 
was a little outlandish, so we didn't vote on it.
  Now, if people want to make a Federal case out of that history, be my 
guest.
  The second thing we've heard today is considerable bashing--in 
addition to bashing of the majority party of the House, we've heard 
considerable bashing of President Obama. In terms of the bashing of the 
majority, we were told a bit earlier by one of the speakers over there 
that we had been partisan in the full committee and had rejected every 
Republican amendment. That's nonsense. We accepted 57 Republican 
amendments on all of the appropriation bills that went through the 
committee this year. I hardly think that that is being partisan.
  I would also point out that the bailout, which has been so roundly 
denounced by several speakers today, that bailout was originally 
proposed and asked for by President Bush. It was voted down the first 
time in this House. It was voted up the second time after credit 
markets further collapsed. And both Mr. Obama and Mr. McCain, in an act 
of patriotism, rose above their partisan and electoral interests and 
supported Bush on that issue even though it was unpopular.

  Enough said on that score.
  I would also say that for those who are screaming about the 
President's economic recovery efforts, the President has been in office 
a very few short months. The Recovery Act passed less than 5 months 
ago. It is designed to be a 30-month program to try to limit to some 
degree the job loss in this economy. We were losing 700,000 jobs a 
month in the last 3 months of the Bush administration. We've now seen 
that job loss decline to about 400,000 jobs a month. That's not good 
enough in anybody's eyes, but it is a whole lot better than was 
happening last year. And it's going to take, frankly, a long time to 
repair the damage done by 8 years of previous government policy.
  So I would prefer to set those issues aside. I don't think it's 
particularly productive to engage in partisan bashing.
  I should correct one statement that I made. I said that we accepted 
57 amendments in committee. We accepted 57 amendments in committee and 
on the floor. Let me correct that statement.
  Having gotten rid of all of that underbrush, I would like to now turn 
to what is in this bill and why I believe the House ought to support 
it.
  As I said earlier, this government, both under President Bush and 
under President Obama, has pumped a lot of money into what I would call 
the elite sectors of the economy: the financial sectors of the economy, 
the banking system, et cetera, and Wall Street. And now this bill is 
the main appropriation bill that deals with the economic problems and 
the health problems of every other American, and I want to walk

[[Page H8758]]

you through just a bit what this bill does.
  First of all, I think we need to understand this bill is fiscally 
responsible. The committee's allocation cut a total of $10 billion from 
the President's discretionary spending request, and in this bill, we 
have a $52 million reduction from President Obama's request. We have 
eliminated or cut some 44 programs, saving $1.3 billion.
  And I would point out that the largest single problematic increase in 
the bill is a $993 million increase for the Social Security 
Administration to dramatically cut back the backlog on disability 
claims facing that agency. And I think no one would argue those funds 
are wasteful.
  After we account for that increase for Social Security, that leaves 
us with a 1.7 percent increase for the rest of the bill. After you 
deduct for inflation, it means this bill, in real terms, is three-
tenths of 1 percent above last year. That is hardly profligate.
  In addition, a priority for this bill is $1.1 billion which we 
include for activities to reduce improper payments, fraud, and abuse in 
the Department of Labor and Health and Human Services and in the Social 
Security Administration. That is a 50 percent increase in enforcement 
money to go after fraud and waste and abuse over the previous year. 
It's been estimated by the budget office that that action could result 
in over $48 billion in savings and increased revenue for picking up 
legitimate revenues that would have otherwise been lost.
  With respect to the Department of Health and Human Services, this 
bill increases that agency by about 3.3 percent. Again, hardly a 
profligate increase.
  Now, we're all talking about our desire to pass health care reform. 
We recognize in the committee that if we're going to do that, we have 
to increase the capacity in the health care system, and so we are 
appropriating nearly $3 billion to do just that. We're providing $2.2 
billion for community health centers; $530 billion to expand training 
programs in the nursing field; $135 million for a career pathway 
innovation fund to again train nurses, medical technicians, and others 
in the health care industry; $75 million additional funding for State 
health access grants to help States transition to a health reform 
program; and $65 billion for State high-risk insurance pools. We've 
also increased the National Institutes of Health funding by $500 
million.
  I've said many times on this House floor, when I go home, I've never 
had anybody in my life come up to me and say, ``Hey, Obey, why don't 
you in Washington get your act together and cut cancer research?'' and 
yet that is what the previous President and the previous Congress did. 
They eliminated over 900 medical research grants at the National 
Institutes of Health. We don't to that. We add a significant amount of 
money to try to beef up our medical research across the board.
  We also added some $200 million for an initiative begun by former 
Treasury Secretary O'Neill in Pennsylvania to try to get hospitals to 
bring under control their life-threatening hospital infection problem 
which is plaguing the entire country.
  With respect to senior nutrition and other services, we provided $1.5 
billion. We have rejected the administration's efforts to cut $1.5 
billion out of basic grants for Title 1. We've restored that funding.
  We have provided a large increase, $446 million, for the 
administration's top priority, which is the Teacher Incentive Fund, and 
$500 million for Pell Grants.
  The Department of Labor, more than half of the increase in that 
department is simply to help States to process unemployment 
compensation claims. We also have a $271 million program in this bill 
to strengthen our ability to help veterans transition to civilian 
workforce employment.
  And I think, Mr. Chairman, that's about all I want to say about the 
numbers in the bill.
  I just want to add one thing. With respect to the policy provisions 
in this bill, we have retained every single limitation that was 
contained in previous appropriation bills when our Republican friends 
were in the majority. We have retained every single restriction on 
abortion that was in bills when they controlled the House, and so I 
think we have leaned over backwards to try to work with our friends in 
the minority.
  And as I say, I appreciate the relationship that I have with the 
gentleman from Kansas. He's a fine and good man. We don't agree on 
everything, but as Will Rogers once said, when two people agree on 
everything, one of them is unnecessary.
  So we do the best we can to reconcile our differences. We all have 
deeply held beliefs, but I think this bill represents the values of the 
country and, I hope, the values of this Congress.
  I would urge support.
  Mr. BLUMENAUER. Mr. Chair, I strongly support the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
Appropriations Act. This bill strengthens our economy and our 
communities by improving education, expanding job training, and 
strengthening our health and social services safety nets. I appreciate 
strategic investments made in Oregon and around the country to make our 
communities more livable and our families safer, healthier, and more 
economically secure. There are two important pieces of this bill I'd 
like to highlight: funding for public broadcasting and the University 
Sustainability Program.
  Nationwide, the economic downturn has struck businesses and 
individuals hard. The free, noncommercial, cultural and educational 
programming services provided by public broadcasting are now more 
valuable than ever. Many communities rely on public broadcasting 
stations as a sole source of news and information. States and local 
governments use the public broadcasting system for both day-to-day and 
emergency communications. Stations, which receive most of their funding 
from donations, have been hard hit by the recession as well. I am 
pleased that this bill includes $40 million in fiscal stabilization 
grants, 100 percent of which will go directly to stations in need, to 
shore up these local stations and local jobs. And I appreciate the 
continued advance appropriations for the Corporation for Public 
Broadcasting included as well, which helps ensure broadcasters can 
provide continuity of service and plan budgets adequately.
  Public broadcasting connects people with their local community, their 
nation, and their world in a way that no other outlet can or does. 
Because American citizens have come to rely on these services and 
programs, I am pleased Congress is fulfilling its responsibility to 
support public broadcasting.
  In addition, on behalf of the thirty members of Congress who 
requested funding for the University Sustainability Program, I would 
like to thank the Labor, Health and Human Services, Education and 
Related Agencies Appropriation Committee for recognizing the important 
role that this program will play in helping revitalize the American 
economy. I'm proud that the committee has recognized the need for 
credible, multi disciplinary, innovative education centers to help our 
universities prepare students for the economy of tomorrow.
  There is a growing awareness that transitioning to a green economy 
presents a tremendous opportunity for those who embrace it--and a great 
risk for those who ignore it. Making this transition promises to create 
a new engine to drive America's economy, achieve greater energy 
security, and reduce impacts from global warming--and reduce chances of 
losing American jobs to other countries which charge ahead and take the 
lead. This program will provide competitive grants for the development, 
implementation and evaluation of sustainability programs in American 
colleges and universities. It was created in the Higher Education 
Opportunity Act of 2008, based on legislation that I introduced in 
2007, the Higher Education Sustainability Act.
  Industry leaders in energy management, green building design and 
materials, waste management, toxics management, and sustainable 
transportation are hungry for a well-trained workforce trained in the 
latest technologies and approaches. A recent study of Fortune 500 CEOs 
reported that, while 90 percent agreed that ``sustainable development 
is important to their company's future,'' only 30 percent say they have 
the ``skills, information, and personnel to meet the challenge.''
  It's not surprising that company leaders feel this way. The United 
States lags far behind other countries when it comes to preparing our 
students to understand the environmental problems we face and come up 
with innovative technological and organizational ways to attack them. 
According to the International Organization for Economic Co-operation 
and Development, the U.S. ranks 34th out of 57 developed countries when 
it comes to students' knowledge about the environment and environment-
related issues, behind Estonia, Croatia and the Slovak and Czech 
Republics. According to the National Renewable Energy Lab, the major 
barriers to a more rapid adoption of renewable energy and energy 
efficiency in America are insufficient skills and training.
  The University Sustainability Program is supported by the Association 
for the Advancement of Sustainability in Higher Education, the

[[Page H8759]]

American Association of Community Colleges, Associations of College 
Unions International, Campaign for Environmental Literacy, National 
Council for Science and the Environment, Nike, National Wildlife 
Federation, Association of College and University Housing Officers 
International, Mary Kay, Inc, Earth Day Network, Chesapeake Bay 
Foundation, American Academy of Religion, and many more companies, 
organizations and leaders.
  I strongly support this bill and hope that the Senate will also 
include this much needed funding to support universities as they work 
to overcome some of the barriers to providing real, hands-on, 
environmental education to prepare students for the changing economy.
  Mr. HOLT. Mr. Chair, I rise today in support of the Fiscal Year 2010 
Labor-HHS-Education Appropriations bill and my Amendment to increase 
the Math and Science Partnership program funding by $5 million.
  I want to thank Chairman Obey for including my amendment in the 
manager's amendment before us today. This program is the federal 
government's only generally available math and science teacher training 
program. By providing more resources to the Math and Science 
Partnership program at the Department of Education the program would be 
able to expand to additional schools across the county, and countless 
students would benefit from improved instruction in these critical 
subject areas. If our economy is going to grow, if our productivity is 
going to grow, we must do better in math and science education.
  Mr. Chair, this $5 million increase in funding is long overdue, and 
yet still far short of what is needed. We are not doing nearly enough 
in this area, and everyone says so.
  The Glenn Commission, on which I was honored to serve said so, the 
National Academies of Science have said so. And the recently released 
report by the Carnegie Corporation of New York and the Institute for 
Advanced Study entitled ``The Opportunity Equation: Transforming 
Mathematics and Science Education for Citizenship and the Global 
Economy'' called for increasing the ``supply of well-prepared teachers 
of mathematics and science at all grad levels by improving teacher 
preparation . . .''
  That is why representative Ehlers and I led a letter to the House 
Appropriations Committee to increase funding for the Math and Science 
Partnership program to $450 million that was joined by 23 Members of 
Congress.
  In 2002, prior to the reauthorization of the Elementary and Secondary 
Education Act, the Eisenhower program provided $485 million for teacher 
professional development primarily in science and math. Yet, today the 
Math and Science Partnership program is funded at less than half that 
level at only $179 million.
  Earlier this year, Education Secretary Duncan stated that ``science 
education is central to our broad effort to restore American leadership 
in Education worldwide'' and yet the budget proposal from the 
Department flat funded this essential training program again.
  We need to change this cycle of recognizing problems, identifying 
solutions, and then failing to act.
  My amendment was offered to increase funding for the Math and Science 
Partnerships program, and I know all too well that the $5 million 
included will not solve the problem.
  I hope this serves as recognition that we cannot be a global economic 
power unless we make the appropriate investments in education, with 
special focus on math and science education. We may never know how many 
students could have benefited over the past seven years from full 
funding, but I hope that we will soon be able to restore funding to 
this program to its pre-2002 levels.
  Again, I want to thank the Chairman for including my amendment and I 
urge my colleagues to support the amendment and the underlying bill.
  Mr. HOLT. Mr. Chair, I rise today to express regret that full funding 
for disability access programs under the Help America Vote Act (HAVA) 
was not included in the Labor, Health and Human Services, and Education 
and Related Agencies Appropriations Act for Fiscal Year 2010, as the 
amendment I offered to the bill would have done. Three years after its 
final implementation deadline, the promise of disability access under 
HAVA still has not been fulfilled and I believe we should make that a 
priority before the next general election.
  On June 10, 2009, the Government Accountability Office (GAO) issued a 
report indicating that much work is yet to be done to ensure full 
access to the polls. It stated, in part, that ``[w]hile the percent of 
polling places with multiple impediments decreased significantly from 
2000, still a fair number--16 percent--had four or more potential 
impediments in 2008. Over 50 percent of polling places had one or more 
potential impediments on the path from the parking lot to the building 
entrance, while 14 percent had potential impediments from the building 
entrance to the voting area.'' According to the GAO, currently only 27 
percent of polling places are fully accessible. Therefore, I believe it 
is time we distributed to the states the full amount originally 
authorized and contemplated by HAVA to ensure full access to the polls, 
in time to achieve that goal before the election in November 2010.
  It has been argued that additional funding is not needed in this bill 
because some funding previously appropriated has not been spent. But 
when one understands why, it becomes clear that the remaining funds are 
still needed. HAVA originally anticipated that funding for polling 
place accessibility and protection and advocacy could go directly to 
local election officials, but subsequently the Department of Health and 
Human Services (HHS) determined that it would only take applications 
from state departments of elections. Funds therefore had to pass 
through Congress, HHS, and state departments of elections before being 
distributed to local officials, which has significantly slowed down the 
process.
  The Protection and Advocacy for Voting Access (PAVA) program has 
never been fully funded, and the National Disability Rights Network 
(NDRN) advises me that this year, nearly ten months into the 2009 
Fiscal Year, PAVA funding has still not been released to protection and 
advocacy organizations. This has forced them to ration carryover funds 
to allow continuity of existing projects, giving the appearance that 
they are sitting on money in the bank when in fact they are simply 
trying to keep their programs running on a shoestring without 
interruption. ``Those who question why PAVA funds still exist in 
accounts need to look no further than the inconsistent funding and 
distribution history of this program,'' NDRN said.
  That is why I offered an amendment to increase HAVA disability access 
funding by $20 million, and protection and advocacy funding by $5 
million, so that the disability access funding in this year's 
appropriation bill would reach the level originally authorized and 
contemplated by HAVA. I regret that the full funding for disability 
access was not included in the bill, and I look forward to working with 
my colleagues to ensure that full funding for disability access under 
the Help America Vote Act is appropriated in the next fiscal cycle.
  Ms. WATERS. Mr. Chair, I rise to support this bill, which provides 
funding for essential health and education services for the well-being 
of the American people.
  I commend the Appropriations Committee for providing $263 million for 
Title VIII Nursing Workforce Development programs, a $92 million 
increase in funding for these nurse education and training programs. 
Our nation is facing a severe shortage of nurses, and this shortage 
will only become more severe as we embark on health reform and provide 
more Americans access to affordable healthcare.
  There are many young people in my district and throughout the country 
who would welcome the opportunity to pursue a career in nursing. 
Enabling promising young people to receive a college education in 
nursing will reduce unemployment rates in the short term and provide a 
long-term investment in our nation's healthcare system.
  Over the last four years, funding for the Nursing Workforce 
Development programs has remained relatively flat. In fiscal year (FY) 
2006, these programs received just under $150 million and supported 
91,189 nursing students. In the following year, these programs received 
the same amount of funding but supported only 71,729 nursing students. 
In FY 2008, the programs received $156 million but still supported only 
51,657 nursing students. These recent trends demonstrate the rising 
costs of nurse education and training, which results in the 
participation of fewer nursing students and, therefore, fewer new 
nurses. In FY 2009, the programs received $171 million and, while this 
was a slight increase, it was still far below our nation's needs. A 
significant increase is necessary for these programs to overcome rising 
tuition costs and allow more students to participate.
  The increase in this bill for nurse education and training programs 
will improve our nation's health system and allow thousands of young 
people to pursue a promising career field and serve their communities 
as nurses.
  I urge my colleagues to support this bill.
  Mr. HOYER. Mr. Chair, I rise to support this Labor-HHS-Education 
Appropriations bill, and particularly to call attention to a program 
that is close to my heart and vital for so many communities: full-
service community schools. Full-service community schools are public 
schools that do much more than educate: they coordinate a wide range of 
social service programs for students and families, in partnerships with 
community organizations and the private sector. They provide students, 
families, and neighborhoods a seamless web of academic, health, and 
personal development services, all of which combine to expand 
opportunity in the communities that need it most. Full-service 
community schools can offer everything from health and dental care, to 
mental health counseling, to career advice, to literacy programs, to 
adult classes, to nutrition education. These schools quickly become the 
center of their communities, staying open long

[[Page H8760]]

after school hours and on the weekends, as well.
  Over the last decade, research has consistently shown that full-
service community schools mean better outcomes in student achievement, 
attendance rates, student discipline, parental involvement, and access 
to preventive health services. That's why they're supported by so many 
education professionals, including the National Education Association, 
the American Federation of Teachers, the Coalition for Community 
Schools, and the National Association of State Boards of Education.
  My late wife, Judy Hoyer, introduced me to full-service community 
schools. She was an early childhood educator, and at the Early 
Childhood and Family Learning Center in Adelphi, Maryland, she helped 
bring to life an innovative vision for education and community 
services, working together. Today, thousands of Maryland children 
benefit from the ``Judy Centers'' that operate across the state.
  But full-service community schools can succeed in any state. That's 
why I'm glad that this legislation provides $10 million to fund grants 
that will help local education agencies work with community 
organizations and implement the community schools model. I believe that 
the result will be healthier and more successful students, more 
involved parents, and stronger communities.
  I urge my colleagues to support this appropriations bill.
  Mr. EHLERS. I rise in support of funding for the U.S. Department of 
Education's Math and Science Partnerships program. The legislation we 
are considering today appropriates $179 million for Math and Science 
Partnerships-- equal to the current funding level.
  The Math and Science Partnerships program is an innovative, proven 
program designed to improve teacher content knowledge and teaching 
skills in math and science subjects. Through formula grants to every 
state, the program provides crucial teacher professional development 
and teacher in-service training by linking school districts with 
university mathematics, science and engineering departments. As a 
result of the Math and Science Partnerships program, our students' math 
and science skills are strengthened.
  This week, we celebrated the 40th anniversary of Apollo 11's mission 
and astronauts Neil Armstrong and Buzz Aldrin walking on the Moon. This 
event, and the earlier launch of Sputnik, sparked remarkable interest 
in science education, and led to the creation of many valuable federal 
education programs over the next several decades. One such program, the 
Eisenhower Professional Development Act, was originally enacted in 1985 
to provide funding for professional development opportunities for math 
and science educators. In fact, before the No Child Left Behind Act 
(NCLB), Congress provided substantially more funding for math and 
science teacher professional development through the Eisenhower 
program. In short, in spite of our great national need for more well-
trained scientists and engineers, we are providing less than half as 
much funding for training science teachers as we did before NCLB was 
passed into law. Currently, many science teachers report little, if 
any, funds available for professional development activities.
  Earlier this year, Representative Holt and I led the charge to 
provide at least $450 million in funding for the Math and Science 
Partnerships program. Twenty-three Members of Congress joined us in 
sending a letter to the Labor, Health & Human Services Appropriations 
Subcommittee requesting this important funding.
  I am disappointed that the bill before us today provides level 
funding for the Math & Science Partnerships program. However, I am 
deeply grateful to Chairman Obey for his willingness to include $5 
million in additional funding for the Math & Science Partnerships 
program in his manager's amendment. I sincerely thank him for 
recognizing the need for increased funding for the Math and Science 
Partnerships program. I also thank Representative Holt for his 
continued dedication to supporting this program and for his work in 
securing this additional funding.
  Mrs. MALONEY. Mr. Chair, I rise in support of H.R. 3293, the Labor, 
Health and Human Services, and Education Appropriation bill for fiscal 
year 2010. In tough economic times, it is this important spending 
measure that makes critical investments in job training, strengthens 
health and social safety nets, and provides the educational 
opportunities that are critical to the nation's long-term prosperity. I 
want to thank Chairman Obey for his tireless work on this always 
challenging legislation.
  I also want to thank Chairman Obey for including $70.7 million in the 
bill--the President's request--for the World Trade Center (WTC) Health 
programs, which provide medical monitoring and treatment to WTC 
responders, community members, and others who have become ill because 
of the aftermath of the attacks on September 11, 2001. While the New 
York Delegation works toward a long-term legislative solution in 
passage of the James Zadroga 9/11 Health and Compensation Act (H.R. 
847), this funding to continue the current WTC Health programs is 
absolutely critical in ensuring that the heroes and heroines of 9/11 
receive the health care they need and deserve.
  Again, I am pleased to support this bill and thank Chairman Obey for 
his leadership.
  Mr. STARK. Mr. Chair, I rise today in support of the 2010 Labor, 
Health & Education Appropriations (H.R. 3293). It will ease the 
recession by increasing job training, strengthening the social safety 
net, and investing in families. I am particularly supportive of the 
bill's education and health care provisions.
  The bill makes critical investments toward the goal of providing 
every student with a world-class education. Additional resources will 
go to Title I schools serving low-income students, as well as programs 
under the Individuals with Disabilities Act (IDEA), which serve 6.7 
million students with disabilities. The bill also provides $545 million 
for assistance to thousands of schools with chronically poor 
performance. When coupled with funding from the American Recovery and 
Reinvestment Act, states will receive $4 billion to turn around these 
schools and create opportunities for children.
  This legislation will also make college affordable for many more 
students by continuing to increase the Pell Grant. Since Democrats took 
charge of Congress in January 2007, the maximum Pell Grant has 
increased 37 percent from $4,050 to $5,550.
  The legislation also invests in our health care system to make our 
nation healthier and more productive. The bill will help Community 
Health Centers provide care for 17 million Americans with a $2.2 
billion investment. It will also help us to meet nursing and other 
workforce shortfalls by increasing support for training of medical 
professionals. Finally, the legislation provides a $992 million 
increase for the life saving research carried out by the NIH.
  This bill continues the commitment to reconstruct our public schools 
and address the health care crisis by building on the historic 
education and health investments made by the American Recovery and 
Reinvestment Act. I urge all of my colleagues to support this 
legislation.
  Mr. VAN HOLLEN. Mr. Chair, I rise to support the FY10 Labor, Health 
and Human Services, and Education Appropriations bill.
  As we continue to debate sweeping health care reform, today's 
legislation makes investments in our most urgent needs, including $2.2 
billion for community health centers to serve vulnerable populations, 
$530 million to train new health professionals, and $204 million to 
continue an aggressive campaign to reduce life-threatening infections 
that patients acquire while receiving treatment for medical or surgical 
conditions.
  I am pleased that the bill includes $31.3 billion for the National 
Institutes of Health, although I am concerned that the funding 
increases will not keep up with escalating biomedical costs. As we 
consider the costs of our health care system, we must make the 
investments necessary to find cures for chronic diseases that require 
expensive long-term care.
  I also strongly support the $10 million in funding included for the 
Caroline Pryce Walker Conquer Childhood Cancer Act, legislation I co-
authored with former Congresswoman Deborah Pryce. This will fund 
pediatric cancer research activities to eradicate the number one cause 
of death for our nation's children.
  Today's bill also makes vital investments in education and workforce 
development. It includes $17.5 billion for Title I grants to serve 20 
million disadvantaged children and $11.5 billion for the Individuals 
with Disabilities Act, which, when combined with funding from the 
American Recovery and Reinvestment Act, will support a 25 percent 
Federal contribution for special education. Additional new investments 
are made in literacy and dropout prevention initiatives.
  In a time when students across the country are struggling to pay for 
college, this bill continues the new Congress's commitment to 
affordable education by raising the maximum Pell grant award to $5,550.
  The bill also includes a $50 million investment in green job 
training, to prepare workers for a new, 21st century economy. 
Additional funding is included to train veterans transitioning to a 
civilian workforce and dislocated workers who have lost their jobs 
during the recession.
  Mr. Chair, the FY10 Labor, Health and Human Services, and Education 
Appropriations bill funds some of our nation's most important domestic 
priorities. I urge my colleagues to support these critical investments 
in our nation's children, families, and workers.
  Mr. GENE GREEN of Texas. Mr. Chair, I rise today in strong support of 
this appropriations bill. In this time of economic uncertainty, the 
Labor, HHS, and Education Appropriations Act funds some of the most 
important programs that provide a social safety net, as well as 
programs that will help us on the road to

[[Page H8761]]

recovery. Investment in education and job training is one of the best 
ways to help America become stronger, and more productive and 
competitive.
  H.R. 3293 makes critical investments to train people for jobs, shore 
up health and social safety nets to provide relief for millions of 
hard-working Americans struggling to make ends meet in the economic 
crisis, and provide the educational opportunity that is critical to the 
nation's longer-term prosperity.
  One of these jobs training programs will take place in Texas's 29th 
District at the International Maritime and Energy Center of Houston, 
which San Jacinto College will operate along with other regional and 
industry partners. Our district includes the Port of Houston, and this 
center will provide training for the high demand jobs that exist right 
in our backyard. With inland shipping docks protected from open seas, 
by the 1980s more than half of the United States energy/petrochemical 
capacity was built in the Houston port region. Today, this global 
maritime and industrial complex is second in size only to Rotterdam in 
the entire world.
  This funding will allow San Jacinto College along with other regional 
and industry partners, to address the critical need for trained workers 
in both the maritime and energy industries. Recognizing this critical 
need for trained workers, and how a shortage of workers would impact 
the Houston Port region, numerous public and private entities have 
partnered with the intent to create the International Maritime and 
Energy Center of Houston. This project will allow enhanced training 
programs that develop skilled workers in technical education and also a 
training and workforce pipeline in regional dual credit programs with 
the area high schools, and I thank the Committee for including this 
critical funding.
  Also included in this bill is funding for the purchase of direct-
capture digital imaging devices by the Harris County Hospital District 
that will enhance clinical work flow and will allow imaging 
technologists to increase productivity and increase access to care for 
clinic beneficiaries which is the overall program goal. Current 
radiology practices in the Community Health Centers are hampered by 
analog imaging products that limit work flow efficiencies. Existing 
systems require the Radiology Technologist to capture radiographic 
images on an imaging plate that is processed by a computed radiography 
device. The process is time consuming and limits patient throughput by 
nearly one-third--cassette based image management systems are very 
inefficient and resource-intensive.
  The Harris County Hospital District is the public hospital system for 
Harris County, Texas. With an operating budget in excess of $800 
million, the district runs 3 hospitals, 11 community health centers, a 
freestanding HIV clinic, and several school-based and community-based 
clinics. This equipment will allow them to better serve the needs of 
our community.
  I am also pleased that this bill supports three important education 
programs that are active throughout our district. Several of the 
schools in our district participate in the Education for Democracy Act 
program which is one of the most cost effective education programs 
supported by the federal government. This important program promotes 
our students' capacity to participate competently and responsibly in 
our democratic system by providing them with a thorough understanding 
of our constitutional democracy as expressed in such seminal documents 
as the Declaration of Independence, the Constitution and the Bill of 
Rights, and the Gettysburg Address.
  The Reach Out and Read program promotes literacy and language 
development in infants and young children, targeting disadvantaged 
children and families across our country. Through fifteen years of 
peer-reviewed and published research, an extensive body of 
documentation now clearly demonstrates the importance of promoting 
early language and literacy skills so that children have the essential 
reading skills they need to begin school successfully. I am proud that 
there are fifteen Reach Out and Read locations in our district serving 
9,161 children each year.
  Finally, I am a long time supporter of the Reading is Fundamental 
Program in our country and am pleased that the Appropriations Committee 
continued their strong support for this program as well. This important 
program also enhances child literacy by providing millions of 
underserved children, including several in my district, with free 
books--thereby encouraging them to read and cultivate he skills they 
need to be successful in school.
  Mr. Chair, this is a good bill that funds so many needs in our 
district and across the country. I strongly urge my colleagues to join 
me in supporting its passage.
  Ms. MOORE of Wisconsin. Mr. Chair, as Congress continues to address 
proposals intended to decrease the poverty gap and increase access to 
higher education for low-income and first generation college students, 
as well as at-risk youth, I strongly encourage a significant funding 
boost for Federal TRIO programs. TRIO has offered effective supportive 
services with proven results for hundreds of thousands of students 
across the country. However, these local programs work on a shoestring 
budget that forces them to turn away thousands of eligible students 
every year.
  I applaud the increase that TRIO received in the FY 2010 House Labor-
HHS-Education Appropriations bill, but it is nowhere near enough to 
address the need. I offered an amendment to increase funding by an 
additional $5 million, offset by a new and unproven grant program that 
aims to accomplish exactly the same goals that the proven TRIO program 
is already working towards. I fully support innovation, but not at the 
expense of meeting the needs of students now.
  TRIO is a proven program currently serving nearly 850,000 at-risk 
students ranging from middle school to college students nearing 
graduation.
  TRIO provides the academic and personal support that young, low-
income, and at-risk students need to help take advantage of the 
opportunities afforded to them.
  TRIO students who have participated in pre-college programs have a 
higher matriculation rate than other low-income students. In 2005, 
77.3% of all students who participated in Upward Bound programs 
immediately went to college the following fall and 86.5% of students 
who participated in Upward Bound-Math Science went directly to college. 
Similarly, 73% of Talent Search participants enrolled in college the 
fall following high school graduation. These figures stand in sharp 
contrast to the immediate college enrollment rate of all low-income 
high school students--only 41%.
  Several data sources illustrate the success of TRIO by showing that 
students who participate in TRIO Student Support Services (SSS), with 
Pell Grant funding, are almost 10% more likely to attain a bachelor's 
degree than those who solely received Pell Grants without SSS 
participation.
  51% percent of campuses that enroll over 1,000 Pell recipients host 
SSS programs. Yet, the average size of an SSS grant only allows a 
typical program to serve a portion (25.11%) of eligible students. Many 
others--students for whom consistent supportive services could mean the 
difference between a college degree and dropping out--do not receive 
the support they need.
  TRIO has not received a significant increase since FY 2006. According 
to the Pell Institute for the Study of Opportunity in Education 2009, 
current TRIO funding levels are only sufficient to serve 11% of the 
students who are eligible for help.
  Students from the bottom income quartile ($38,660 or under per 
family) have a 25% chance at completing a college degree once they 
begin. In contrast, students from the top quartile ($105,800 or over 
per family) have a 95% chance of completing a college degree. As such, 
services offered by the TRIO programs become all the more critical to 
ensure that such students have the opportunity to become economically 
viable and independent members of our post-industrial, global society.
  The High School Graduation Initiative is an untested program that 
received $50 million dollars in the Department of Education 
Appropriations Act of 2010. It aims for the same goals as TRIO, yet it 
is unproven. My amendment would have drawn $5 million from this fund to 
put towards TRIO. It is not enough to ensure that this effective 
program can reach all eligible students, but it is a start.
  Mr. SPACE. Mr. Chair, I rise today in support of the FY 2010 Labor-
HHS-Education Appropriations bill which contains $10 million for the 
continuation of rural facilities technical assistance. Among the 
grantees for this program are the six Rural Community Assistance 
Partnerships (RCAPs). The RCAPs have functioned as a national network 
of regional organizations for over two decades. They utilize public and 
private funds to provide technical assistance for a range of tasks: 
community-development, infrastructure expansion, pollution-prevention, 
environmental-compliance and others.
  Rural communities have billions of dollars of need for new and 
improved water and waste disposal facilities. Addressing this need is 
not just important for improving public health, but also for 
alleviating poverty. Lacking adequate water or waste disposal 
facilities, small communities cannot attract business, develop a 
housing subdivision or build a new school. I am incredibly pleased that 
Chairman Obey understands the unique needs of rural communities and 
worked to secure funding for the RCAPs which are so important to my 
District.
  RCAP has helped communities in Ohio's District 18 access over $8 
million in 2009 alone, and is currently working with more than 13 
projects to access available Recovery Act funding. In addition, RCAP 
has provided training to over 280 local officials from 60 communities 
in the district on managerial and financial issues to promote small 
system sustainability. Again, I want to thank Chairman Obey for his 
hard work on this important bill that will

[[Page H8762]]

allow communities in my District to continue receiving necessary 
assistance in addressing their drinking water and waste water needs.
  Mr. OBEY. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill is considered read for amendment under 
the 5-minute rule and the bill shall be considered read through page 
134, line 12.
  The text of that portion of the bill is as follows:

                               H.R. 3293

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

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For necessary expenses of the Workforce Investment Act of 
     1998 (``WIA''), the 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:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,969,449,000 as 
     follows:
       (A) $861,540,000 for adult employment and training 
     activities, of which $149,540,000 shall be available for the 
     period July 1, 2010, through June 30, 2011, and of which 
     $712,000,000 shall be available for the period October 1, 
     2010 through June 30, 2011;
       (B) $924,069,000 for youth activities, which shall be 
     available for the period April 1, 2010 through June 30, 2011; 
     and
       (C) $1,183,840,000 for dislocated worker employment and 
     training activities, of which $321,731,000 shall be available 
     for the period July 1, 2010 through June 30, 2011, and of 
     which $862,109,000 shall be available for the period October 
     1, 2010 through June 30, 2011:

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

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

       For authorized administrative expenses, $69,903,000, 
     together with not to exceed $3,977,153,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $3,195,645,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including $10,000,000 to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews), the administration of unemployment 
     insurance for Federal employees and for ex-service members as 
     authorized under 5 U.S.C. 8501-8523, and the administration 
     of trade readjustment allowances, reemployment trade 
     adjustment assistance, and alternative trade adjustment 
     assistance under the Trade Act of 1974 and under section 
     1891(b) of the Trade and Globalization Adjustment Assistance 
     Act of 2009, and shall be available for obligation by the 
     States through December 31, 2010, except that funds used for 
     automation acquisitions

[[Page H8763]]

     shall be available for obligation by the States through 
     September 30, 2012, and funds used for unemployment insurance 
     workloads experienced by the States through September 30, 
     2010 shall be available for Federal obligation through 
     December 31, 2010;
       (2) $11,310,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $680,893,000 from the Trust Fund, together with 
     $22,683,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2010 through June 30, 2011;
       (4) $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;
       (5) $68,436,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $53,307,000 shall be available for the 
     Federal administration of such activities, and $15,129,000 
     shall be available for grants to States for the 
     administration of such activities; and
       (6) $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:

     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (``AWIU'') for fiscal year 2010 is projected by 
     the Department of Labor to exceed 5,059,000, an additional 
     $28,600,000 from the Trust Fund shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act: 
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Act: 
     Provided further, That the Secretary of Labor may use funds 
     appropriated for grants to States under title III of the 
     Social Security Act to make payments on behalf of States for 
     the use of the National Directory of New Hires under section 
     453(j)(8) of such Act: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants, or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under title III of the 
     Social Security Act and the Wagner-Peyser Act may be used by 
     States to fund integrated Unemployment Insurance and 
     Employment Service automation efforts, notwithstanding cost 
     allocation principles prescribed under the Office of 
     Management and Budget Circular A-87: Provided further, That 
     the Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium in order to 
     carry out activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request.
        In addition, $50,000,000 from the Employment Security 
     Administration Account of the Unemployment Trust Fund shall 
     be available to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews.

        advances to the unemployment trust fund and other funds

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

                         program administration

       For expenses of administering employment and training 
     programs, $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.

               Employee Benefits Security Administration

                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $154,060,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

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

                            special benefits

                     (including transfer of funds)

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

     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81,

[[Page H8764]]

     or the Longshore and Harbor Workers' Compensation Act, 
     provide as part of such notice and claim, such identifying 
     information (including Social Security account number) as 
     such regulations may prescribe.

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

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

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer employees: Provided further, That $10,000,000 shall be 
     available for Susan Harwood training grants.

                 Mine Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $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.

                       Bureau of Labor Statistics

                         salaries and expenses

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

                 Office of Disability Employment Policy

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including the 
     management or operation, through contracts, grants or other 
     arrangements of Departmental activities conducted by or 
     through the Bureau of International Labor Affairs, including 
     bilateral and multilateral technical assistance and other 
     international labor activities, $350,827,000, 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.

                          office of job corps

       To carry out subtitle C of title I of the Workforce 
     Investment Act of 1998, including Federal administrative 
     expenses, the purchase and hire of passenger motor vehicles,

[[Page H8765]]

     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:
       (1) $1,576,130,000 for Job Corps Operations, of which 
     $985,130,000 shall be available for obligation for the period 
     July 1, 2010 through June 30, 2011 and of which $591,000,000 
     shall be available for obligation for the period October 1, 
     2010 through June 30, 2011;
       (2) $100,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, which shall be available 
     for the period October 1, 2010 through June 30, 2013; and
       (3) $29,190,000 for necessary expenses of the Office of Job 
     Corps which shall be available for obligation for the period 
     October 1, 2009 through September 30, 2010:

     Provided, That the Office of Job Corps shall have contracting 
     authority: Provided further, That no funds from any other 
     appropriation shall be used to provide meal services at or 
     for Job Corps centers.

                    veterans employment and training

       Not to exceed $210,156,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2010, of which $2,449,000 is for 
     the National Veterans' Employment and Training Services 
     Institute.
       In addition, to carry out 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.

                      office of inspector general

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

                           General Provisions

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

                          (transfer of funds)

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

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

       For carrying out titles II, III, IV, VII, VIII, X, XI, XII, 
     XIX, and XXVI of the Public Health Service Act (``PHS Act''), 
     section 427(a) of the Federal Coal Mine Health and Safety 
     Act, title V and sections 711, 1128E, and 1820 of the Social 
     Security Act, the Health Care Quality Improvement Act of 
     1986, the Native Hawaiian Health Care Act of 1988, the 
     Cardiac Arrest Survival Act of 2000, section 712 of the 
     American Jobs Creation Act of 2004, and the Stem Cell 
     Therapeutic and Research Act of 2005, $7,305,817,000, of 
     which $41,200,000 from general revenues, notwithstanding 
     section 1820(j) of the Social Security Act, shall be 
     available for carrying out the Medicare rural hospital 
     flexibility grants program under such section: Provided, That 
     of the funds made available under this heading, $129,000 
     shall be available until expended for facilities renovations 
     at the Gillis W. Long Hansen's Disease Center: Provided 
     further, That $56,000,000 of the funding provided for 
     community health centers shall be for base grant adjustments 
     for existing health centers: Provided further, That in 
     addition to fees authorized by section 427(b) of the Health 
     Care Quality Improvement Act of 1986, fees shall be collected 
     for the full disclosure of information under the Act 
     sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available 
     until expended to carry out that Act: Provided further, That 
     fees collected for the full disclosure of information under 
     the ``Health Care Fraud and Abuse Data Collection Program'', 
     authorized by section 1128E(d)(2) of the Social Security Act, 
     shall be sufficient to recover the full costs of operating 
     the program, and shall remain available until expended to 
     carry out that Act: Provided further, That no more than 
     $40,000 shall be available until expended for carrying out 
     the provisions of section 224(o) of the PHS Act including 
     associated administrative expenses and relevant evaluations: 
     Provided further, That no more than $44,055,000 shall be 
     available until expended for carrying out the provisions of 
     Public Law 104-73 and for expenses incurred by the Department 
     of Health and Human Services (``HHS'') pertaining to 
     administrative claims made under such law: Provided further, 
     That of the funds made available under this heading, 
     $317,491,000 shall be for the program under title X of the 
     PHS Act to provide for voluntary family planning projects: 
     Provided further, That amounts provided to said projects 
     under such title shall not be expended for abortions, that 
     all pregnancy counseling shall be nondirective, and that such 
     amounts shall not be expended for any activity (including the 
     publication or distribution of literature) that in any way 
     tends to promote public support or opposition to any 
     legislative proposal or candidate for public office: Provided 
     further, That of the funds available under this heading, 
     $1,932,865,000 shall remain available to the Secretary of HHS 
     through September 30, 2012, for parts A and B of title XXVI 
     of the PHS Act: Provided further, That within the amounts 
     provided for part A of title XXVI of the PHS Act, $6,021,000 
     shall be available to the Secretary through September 30, 
     2012, and shall be available to qualifying jurisdictions, 
     within 30 days of enactment, for increasing supplemental 
     grants for fiscal year 2010 to metropolitan and transitional 
     areas that received grant funding in fiscal year 2009 under 
     subparts I and II of part A of title XXVI of the PHS Act to 
     ensure that an area's total funding under subparts I and II 
     of part A for fiscal year 2009, together with the amount of 
     this additional funding, is not less than 92.4 percent of the 
     amount of such area's total funding under part A for fiscal 
     year 2006: Provided further, That notwithstanding section 
     2603(c)(1) of the PHS Act, the additional funding to areas 
     under the immediately preceding proviso, which may be used 
     for costs incurred during fiscal year 2009, shall be 
     available to the area for obligation from the date of the 
     award through the end of the grant year for the award: 
     Provided further, That $835,000,000 shall be for State AIDS 
     Drug Assistance Programs authorized by section 2616 of the 
     PHS Act: Provided further, That in addition to amounts 
     provided herein, $25,000,000 shall be available from

[[Page H8766]]

     amounts available under section 241 of the PHS Act to carry 
     out parts A, B, C, and D of title XXVI of the PHS Act to fund 
     section 2691 Special Projects of National Significance: 
     Provided further, That notwithstanding section 703 of Public 
     Law 109-415, authority to carry out title XXVI of the PHS Act 
     shall continue in effect until October 1, 2010, unless prior 
     to that date, authorization is enacted into law otherwise 
     extending this authority: Provided further, That 
     notwithstanding sections 502(a)(1) and 502(b)(1) of the 
     Social Security Act, not to exceed $92,649,000 shall be 
     available for carrying out special projects of regional and 
     national significance pursuant to section 501(a)(2) of such 
     Act and $10,400,000 shall be available for projects described 
     in paragraphs (A) through (F) of section 501(a)(3) of such 
     Act: Provided further, That notwithstanding section 747(e)(2) 
     of the PHS Act, not less than $5,000,000 shall be for general 
     dentistry programs, not less than $5,000,000 shall be for 
     pediatric dentistry programs including faculty loan 
     repayment, and not less than $29,025,000 shall be for family 
     medicine programs: Provided further, That funds provided 
     under section 846 and subpart 3 of part D of title III of the 
     PHS Act may be used to make prior year adjustments to awards 
     made under these sections: Provided further, That of the 
     amount appropriated in this paragraph, $179,330,000 shall be 
     used for the projects financing the construction and 
     renovation (including equipment) of health care and other 
     facilities and for other health-related activities, and in 
     the amounts, specified under the heading ``Health Resources 
     and Services'' in the report of the Committee on 
     Appropriations of the House of Representatives to accompany 
     this Act, and of which up to one percent of the amount for 
     each project may be used for related agency administrative 
     expenses: Provided further, That notwithstanding section 
     338J(k) of the PHS Act, $9,700,000 shall be available for 
     State Offices of Rural Health: Provided further, That of the 
     funds provided, $15,000,000 shall be available for the Small 
     Rural Hospital Improvement Grant Program for quality 
     improvement and adoption of health information technology: 
     Provided further, That $75,000,000 shall be available for 
     State Health Access Grants to expand access to affordable 
     health care coverage for the uninsured populations in such 
     States.

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                disease control, research, and training

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

                     National Institutes of Health

                       national cancer institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $5,150,170,000, 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.

               national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

                     (including transfer of funds)

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

             national institute of general medical sciences

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

  eunice kennedy shriver national institute of child health and human 
                              development

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

                         national eye institute

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

          national institute of environmental health sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect

[[Page H8767]]

     to environmental health sciences, $695,497,000.

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

                 national center for research resources

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

       national center for complementary and alternative medicine

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

       national center on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

                         office of the director

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

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

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

               Agency for Healthcare Research and Quality

                    healthcare research and quality

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

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act (``PHS Act''), and 
     the Clinical Laboratory Improvement Amendments of 1988, not 
     to exceed $3,463,362,000, to be transferred from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund, as authorized by section 201(g) 
     of the Social Security Act; together with all funds collected 
     in accordance with section

[[Page H8768]]

     353 of the PHS Act and section 1857(e)(2) of the Social 
     Security Act, funds retained by the Secretary of Health and 
     Human Services pursuant to section 302 of the Tax Relief and 
     Health Care Act of 2006; and such sums as may be collected 
     from authorized user fees and the sale of data, which shall 
     be credited to this account and remain available until 
     expended: Provided, That all funds derived in accordance with 
     31 U.S.C. 9701 from organizations established under title 
     XIII of the PHS Act shall be credited to and available for 
     carrying out the purposes of this appropriation: Provided 
     further, That $35,681,000, to remain available through 
     September 30, 2011, shall be for contract costs for the 
     Healthcare Integrated General Ledger Accounting System: 
     Provided further, That $65,600,000, to remain available 
     through September 30, 2011, shall be for the Centers for 
     Medicare and Medicaid Services (``CMS'') Medicare contracting 
     reform activities: Provided further, That the Secretary is 
     directed to collect fees in fiscal year 2010 from Medicare 
     Advantage organizations pursuant to section 1857(e)(2) of the 
     Social Security Act and from eligible organizations with 
     risk-sharing contracts under section 1876 of that Act 
     pursuant to section 1876(k)(4)(D) of that Act: Provided 
     further, That $1,600,000 shall be used for the projects, and 
     in the amounts, specified under the heading ``Program 
     Management'' in the report of the Committee on Appropriations 
     of the House of Representatives to accompany this Act: 
     Provided further, That $65,000,000 shall be available for the 
     State high risk health insurance pool program as authorized 
     by the State High Risk Pool Funding Extension Act of 2006.

              health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low income home energy assistance

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

                     refugee and entrant assistance

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

   payments to states for the child care and development block grant

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

                      social services block grant

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

                children and families services programs

                     (including transfer of funds)

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, the 
     Native American Programs Act of 1974, title II of the Child 
     Abuse Prevention and Treatment and Adoption Reform Act of 
     1978 (adoption opportunities), sections 330F and 330G of the 
     Public Health Service Act (``PHS Act''), the Abandoned 
     Infants Assistance Act of 1988, sections 261 and 291 of the 
     Help America Vote Act of 2002, part B-1 of title IV and 
     sections 413, 1110, and 1115 of the Social Security Act; for 
     making payments under the Community Services Block Grant Act 
     (``CSBG Act''), sections 439(i), 473B, and 477(i) of the 
     Social Security Act, and the Assets for Independence Act; and 
     for necessary administrative expenses to carry out such Acts 
     and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social 
     Security Act, the Act of July 5, 1960, the Low Income Home 
     Energy Assistance Act of 1981, title IV of the Immigration 
     and Nationality Act, and section 501 of the Refugee Education 
     Assistance Act of 1980, $9,436,951,000, of which $39,500,000, 
     to remain available through September 30, 2011, shall be for 
     grants to States for adoption incentive payments, as 
     authorized by section 473A of the Social Security Act and may 
     be made for adoptions completed before September 30, 2010: 
     Provided, That $7,234,783,000 shall be for making payments 
     under the Head Start Act: Provided further, That of the funds 
     appropriated in the American Recovery and Reinvestment Act of 
     2009 for Head Start and Early Head Start, only the amount 
     provided to a Head Start grantee under section 
     640(a)(3)(A)(i)(I) of the Head Start Act as a cost of living 
     adjustment may be considered to be part of the fiscal year 
     2009 base grant for such grantee for purposes of section 
     640(a)(2)(B)(i) through (v) of the Head Start Act:  Provided 
     further, That $746,000,000 shall be for making payments under 
     the CSBG Act: Provided further, That not less than 
     $10,000,000 shall be for section 680(a)(3)(B) of the CSBG 
     Act: Provided further, That in addition to amounts provided 
     herein, $5,762,000 shall be available from amounts available 
     under section 241 of the PHS Act to carry out the provisions 
     of section 1110 of the Social Security Act: Provided further, 
     That to the extent Community Services Block Grant funds are 
     distributed as grant funds by a State to an eligible entity 
     as provided under the CSBG Act, and have not been expended by 
     such entity, they shall remain with such entity for carryover 
     into the next fiscal year

[[Page H8769]]

     for expenditure by such entity consistent with program 
     purposes: Provided further, That the Secretary of Health and 
     Human Services shall establish procedures regarding the 
     disposition of intangible assets and program income that 
     permit such assets acquired with, and program income derived 
     from, grant funds authorized under section 680 of the CSBG 
     Act to become the sole property of such grantees after a 
     period of not more than 12 years after the end of the grant 
     period for any activity consistent with section 680(a)(2)(A) 
     of the CSBG Act: Provided further, That intangible assets in 
     the form of loans, equity investments and other debt 
     instruments, and program income may be used by grantees for 
     any eligible purpose consistent with section 680(a)(2)(A) of 
     the CSBG Act: Provided further, That these procedures shall 
     apply to such grant funds made available after November 29, 
     1999: Provided further, That funds appropriated for section 
     680(a)(2) of the CSBG Act shall be available for financing 
     construction and rehabilitation and loans or investments in 
     private business enterprises owned by community development 
     corporations: Provided further, That $17,410,000 shall be for 
     activities authorized by the Help America Vote Act of 2002, 
     of which $12,154,000 shall be for payments to States to 
     promote access for voters with disabilities, and of which 
     $5,256,000 shall be for payments to States for protection and 
     advocacy systems for voters with disabilities: Provided 
     further, That $110,000,000 shall be for making competitive 
     contracts and grants to fund teenage pregnancy prevention 
     programs and for the Federal costs of administering and 
     evaluating such contracts and grants, of which not less than 
     $75,000,000 shall be for programs that replicate the elements 
     of one or more teenage pregnancy prevention programs that 
     have been proven effective through rigorous evaluation to 
     reduce teenage pregnancy or reduce behavioral risk factors 
     underlying teenage pregnancy; of which not less than 
     $25,000,000 shall be available for research and demonstration 
     grants to develop, replicate, refine, and test additional 
     models and innovative strategies for preventing teenage 
     pregnancy: Provided further, that in addition to amounts 
     provided herein for teenage pregnancy prevention, $4,455,000 
     shall be available from amounts under section 241 of the PHS 
     Act to carry out evaluations (including longitudinal 
     evaluations) of teenage pregnancy prevention approaches: 
     Provided further, That $2,000,000 shall be for a human 
     services case management system for Federally-declared 
     disasters, to include a comprehensive national case 
     management contract and Federal costs of administering the 
     system:  Provided further, That up to $2,000,000 shall be for 
     improving the Public Assistance Reporting Information System, 
     including grants to States to support data collection for a 
     study of the system's effectiveness: Provided further, That 
     of the funds appropriated under this heading, $1,000,000 
     shall be transferred to the National Commission on Children 
     and Disasters to carry out title VI of division G of Public 
     Law 110-161: Provided further, That $14,819,000 shall be used 
     for the projects, and in the amounts, specified under the 
     heading ``Children and Families Services Programs'' in the 
     report of the Committee on Appropriations of the House of 
     Representatives to accompany this Act.

                   promoting safe and stable families

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

                payments for foster care and permanency

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

                        Administration on Aging

                        aging services programs

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

                        Office of the Secretary

                    general departmental management

                     (including transfer of funds)

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, XX, and XXI of the Public 
     Health Service Act (``PHS Act''), the United States-Mexico 
     Border Health Commission Act, and research studies under 
     section 1110 of the Social Security Act, $397,601,000, 
     together with $5,851,000 to be transferred and expended as 
     authorized by section 201(g)(1) of the Social Security Act 
     from the Federal Hospital Insurance Trust Fund and the 
     Federal Supplementary Medical Insurance Trust Fund, and 
     $69,756,000 from the amounts available under section 241 of 
     the PHS Act to carry out national health or human services 
     research and evaluation activities: Provided, That of this 
     amount, $53,891,000 shall be for minority AIDS prevention and 
     treatment activities; $5,789,000 shall be to assist 
     Afghanistan in the development of maternal and child health 
     clinics, consistent with section 103(a)(4)(H) of the 
     Afghanistan Freedom Support Act of 2002; and $1,000,000 shall 
     be transferred, not later than 30 days after enactment of 
     this Act, to the National Institute of Mental Health to 
     administer the Interagency Autism Coordinating Committee: 
     Provided further, That of the funds made available under this 
     heading for carrying out title XX of the PHS Act, $13,120,000 
     shall be for activities specified under section 2003(b)(2), 
     of which $9,840,000 shall be for programs that replicate the 
     elements of one or more teenage pregnancy prevention programs 
     that have been proven effective through rigorous evaluation 
     to reduce teenage pregnancy or reduce behavioral risk factors 
     underlying teenage pregnancy, and of which $3,280,000 shall 
     be for research and demonstration grants to develop, 
     replicate, refine, and test additional models and innovative 
     strategies for preventing teen pregnancy, without application 
     of the limitation of section 2010(c) of such title XX: 
     Provided further, That funds provided in this Act for embryo 
     adoption activities may be used to provide, to individuals 
     adopting embryos, through grants and other mechanisms, 
     medical and administrative services deemed necessary for such 
     adoptions: Provided further, That such services shall be 
     provided consistent with 42 CFR 59.5(a)(4): Provided further, 
     That $700,000 shall be used for the projects, and in the 
     amounts, specified under the heading ``General Departmental 
     Management'' in the report of the Committee on Appropriations 
     of the House of Representatives to accompany this Act: 
     Provided further, That specific information requests from the 
     chairmen and ranking members of the Subcommittees on the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies, on scientific research or 
     any other matter, shall be transmitted to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     (``Committees on Appropriations'') in a prompt, professional 
     manner and within the time frame specified in the request: 
     Provided further, That scientific information, including such 
     information provided in congressional testimony, requested by 
     the Committees on Appropriations and prepared by government 
     researchers and scientists shall be transmitted to the 
     Committees on Appropriations, uncensored and without delay.

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, $50,279,000: Provided, That of 
     such amount, necessary sums shall be available for providing 
     protective services to the Secretary of Health and Human 
     Services and investigating non-payment of child support cases 
     for which non-payment is a Federal offense under 18 U.S.C. 
     228: Provided further, That at least forty percent of the 
     funds provided in this Act for the Office of Inspector 
     General shall be used only for investigations, audits, and 
     evaluations pertaining to the discretionary programs funded 
     in this Act.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $37,785,000, together with not to exceed $3,314,000 to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act, such amounts as may be required during the 
     current fiscal year.

[[Page H8770]]

            public health and social services emergency fund

                     (including transfer of funds)

       For expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, 
     chemical, and cybersecurity threats to civilian populations, 
     and for other public health emergencies and to pay the costs 
     described in section 319F-2(c)(7)(B) of the Public Health 
     Service Act (``PHS Act''), $607,482,000; of which $35,565,000 
     shall be to support preparedness and emergency operations, of 
     which $5,000,000 shall remain available through September 30, 
     2011; and of which $10,000,000, to remain available through 
     September 30, 2011, shall be to support the delivery of 
     medical countermeasures: Provided, That of the amount made 
     available herein for the delivery of medical countermeasures, 
     up to $8,000,000 may be transferred to the U.S. Postal 
     Service to support delivery of medical countermeasures.
       For expenses necessary to support advanced research and 
     development pursuant to section 319L of the PHS Act, 
     $305,000,000, to be derived by transfer from funds 
     appropriated under the heading ``Biodefense Countermeasures'' 
     in the Department of Homeland Security Appropriations Act, 
     2004, to remain available through September 30, 2011.
       For expenses necessary to prepare for and respond to an 
     influenza pandemic, $354,167,000, of which $276,000,000 shall 
     be available until expended, for activities including the 
     development and purchase of vaccine, antivirals, necessary 
     medical supplies, diagnostics, and other surveillance tools: 
     Provided, That products purchased with these funds may, at 
     the discretion of the Secretary of Health and Human Services, 
     be deposited in the Strategic National Stockpile under 
     section 319F-2(a) of the PHS Act: Provided further, That 
     notwithstanding section 496(b) of the PHS Act, funds may be 
     used for the construction or renovation of privately owned 
     facilities for the production of pandemic influenza vaccines 
     and other biologics, if the Secretary finds such construction 
     or renovation necessary to secure sufficient supplies of such 
     vaccines or biologics: Provided further, That funds 
     appropriated herein may be transferred to other appropriation 
     accounts of the Department of Health and Human Services, as 
     determined by the Secretary to be appropriate, to be used for 
     the purposes specified in this paragraph.
       All remaining balances from funds appropriated under the 
     heading ``Biodefense Countermeasures'' in the Department of 
     Homeland Security Appropriations Act, 2004, shall be 
     transferred to this account, and shall remain available for 
     obligation through September 30, 2013, for the procurement of 
     medical countermeasures pursuant to section 319F-2(c) of the 
     PHS Act: Provided, That products purchased with these funds 
     shall be deposited in the Strategic National Stockpile under 
     section 319F-2(a) of the PHS Act.
       For expenses necessary 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.

                           General Provisions

       Sec. 201.  Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary of Health and Human Services.
       Sec. 202.  The Secretary of Health and Human Services shall 
     make available through assignment not more than 60 employees 
     of the Public Health Service to assist in child survival 
     activities and to work in AIDS programs through and with 
     funds provided by the Agency for International Development, 
     the United Nations International Children's Emergency Fund or 
     the World Health Organization.
       Sec. 203.  None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       Sec. 204.  None of the funds appropriated in this Act may 
     be expended pursuant to section 241 of the Public Health 
     Service Act, except for funds specifically provided for in 
     this Act, or for other taps and assessments made by any 
     office located in the Department of Health and Human 
     Services, prior to the preparation and submission of a report 
     by the Secretary of Health and Human Services to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate detailing the planned uses of such funds.
       Sec. 205.  Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary of Health 
     and Human Services shall determine, but not more than 2.4 
     percent, of any amounts appropriated for programs authorized 
     under such Act shall be made available for the evaluation 
     (directly, or by grants or contracts) of the implementation 
     and effectiveness of such programs.

                          (transfer of funds)

       Sec. 206.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Health and Human Services 
     in this Act may be transferred between appropriations, but no 
     such appropriation shall be increased by more than 3 percent 
     by any such transfer: Provided, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate are notified at least 15 days in advance of 
     any transfer.

                          (transfer of funds)

       Sec. 207.  The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes and 
     centers from the total amounts identified by these two 
     Directors as funding for research pertaining to the human 
     immunodeficiency virus: Provided, That the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are notified at least 15 days in advance of any transfer.

                          (transfer of funds)

       Sec. 208.  Of the amounts made available in this Act for 
     the National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 209.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary of Health and Human Services that 
     it encourages family participation in the decision of minors 
     to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.
       Sec. 210.  Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 211.  None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     of Health and Human Services denies participation in such 
     program to an otherwise eligible entity (including a Provider 
     Sponsored Organization) because the entity informs the 
     Secretary that it will not provide, pay for, provide coverage 
     of, or provide referrals for abortions: Provided, That the 
     Secretary shall make appropriate prospective adjustments to 
     the capitation payment to such an entity (based on an 
     actuarially sound estimate of the expected costs of providing 
     the service to such entity's enrollees): Provided further, 
     That nothing in this section shall be construed to change the 
     Medicare program's coverage for such services and a Medicare 
     Advantage organization described in this section shall be 
     responsible for informing enrollees where to obtain 
     information about all Medicare covered services.
       Sec. 212. (a) Except as provided by subsection (e) none of 
     the funds appropriated for fiscal year 2010 or any subsequent 
     fiscal year by this or any subsequent appropriations Act may 
     be used to withhold substance abuse funding from a State 
     pursuant to section 1926 of the Public Health Service Act 
     (``PHS Act'') if such State certifies to the Secretary of 
     Health and Human Services by May 1 of the fiscal year for 
     which the funds are appropriated that the State will commit 
     additional State funds, in accordance with subsection (b), to 
     ensure compliance with State laws prohibiting the sale of 
     tobacco products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary under section 1926 of such 
     Act.
       (c) The State is to maintain State expenditures in such 
     fiscal year for tobacco prevention programs and for 
     compliance activities at a level that is not less than the 
     level of such expenditures maintained by the State for the 
     preceding fiscal year, and adding to that level the 
     additional funds for tobacco compliance activities required 
     under subsection (a). The State is to submit a report to the 
     Secretary on all State obligations of funds for such fiscal 
     year and all State expenditures for the preceding fiscal year 
     for tobacco prevention and compliance activities by program 
     activity by July 31 of such fiscal year.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31 of such fiscal year.
       (e) None of the funds appropriated by this or any 
     subsequent appropriations Act may be used to withhold 
     substance abuse funding pursuant to section 1926 of the PHS 
     Act from a territory that receives less than $1,000,000.
       Sec. 213.  In order for the Department of Health and Human 
     Services to carry out international health activities, 
     including HIV/AIDS and other infectious disease,

[[Page H8771]]

     chronic and environmental disease, and other health 
     activities abroad during fiscal year 2010:
       (1) The Secretary of Health and Human Services may exercise 
     authority equivalent to that available to the Secretary of 
     State in section 2(c) of the State Department Basic 
     Authorities Act of 1956. The Secretary of Health and Human 
     Services shall consult with the Secretary of State and 
     relevant Chief of Mission to ensure that the authority 
     provided in this section is exercised in a manner consistent 
     with section 207 of the Foreign Service Act of 1980 and other 
     applicable statutes administered by the Department of State.
       (2) The Secretary of Health and Human Services is 
     authorized to provide such funds by advance or reimbursement 
     to the Secretary of State as may be necessary to pay the 
     costs of acquisition, lease, alteration, renovation, and 
     management of facilities outside of the United States for the 
     use of the Department of Health and Human Services. The 
     Department of State shall cooperate fully with the Secretary 
     of Health and Human Services to ensure that the Department of 
     Health and Human Services has secure, safe, functional 
     facilities that comply with applicable regulation governing 
     location, setback, and other facilities requirements and 
     serve the purposes established by this Act. The Secretary of 
     Health and Human Services is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to HIV/AIDS and other infectious 
     diseases, chronic and environmental diseases, and other 
     health activities abroad.
       Sec. 214. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health (``Director'') may use funds available under section 
     402(b)(7) or 402(b)(12) of the Public Health Service Act 
     (``PHS Act'') to enter into transactions (other than 
     contracts, cooperative agreements, or grants) to carry out 
     research identified pursuant to such section 402(b)(7) 
     (pertaining to the Common Fund) or research and activities 
     described in such section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director may utilize such peer review 
     procedures (including consultation with appropriate 
     scientific experts) as the Director determines to be 
     appropriate to obtain assessments of scientific and technical 
     merit. Such procedures shall apply to such transactions in 
     lieu of the peer review and advisory council review 
     procedures that would otherwise be required under sections 
     301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
     494 of the PHS Act.
       Sec. 215.  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.
       Sec. 216.  Not to exceed $35,000,000  of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $2,500,000 per project.

                          (transfer of funds)

       Sec. 217.  Of the amounts made available for the National 
     Institutes of Health, 1 percent of the amount made available 
     for National Research Service Awards (``NRSA'') shall be made 
     available to the Administrator of the Health Resources and 
     Services Administration to make NRSA awards for research in 
     primary medical care to individuals affiliated with entities 
     who have received grants or contracts under section 747 of 
     the Public Health Service Act, and 1 percent of the amount 
     made available for NRSA shall be made available to the 
     Director of the Agency for Healthcare Research and Quality to 
     make NRSA awards for health service research.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2010''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $15,938,215,000, of which 
     $4,850,510,000 shall become available on July 1, 2010, and 
     shall remain available through September 30, 2011, and of 
     which $10,841,176,000 shall become available on October 1, 
     2010, and shall remain available through September 30, 2011, 
     for academic year 2010-2011: Provided, That $6,597,946,000 
     shall be for basic grants under section 1124 of the ESEA: 
     Provided further, That up to $4,000,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2009, to obtain annually updated local educational-agency-
     level census poverty data from the Bureau of the Census: 
     Provided further, That $1,365,031,000 shall be for 
     concentration grants under section 1124A of the ESEA: 
     Provided further, That $3,264,712,000 shall be for targeted 
     grants under section 1125 of the ESEA: Provided further, That 
     $3,264,712,000 shall be for education finance incentive 
     grants under section 1125A of the ESEA: Provided further, 
     That $9,167,000 shall be to carry out sections 1501 and 1503 
     of the ESEA: Provided further, That $545,633,000 shall be 
     available for school improvement grants under section 1003(g) 
     of the ESEA and, notwithstanding such section, each State 
     educational agency shall ensure that not less than 50 percent 
     of its allocation of funds under this proviso is used for 
     evidence-based reading instruction: Provided further, That 
     State and local educational agencies may use fiscal year 2009 
     appropriations, and funds appropriated in this Act, for 
     school improvement grants under section 1003(g) of the ESEA 
     for any school eligible to receive assistance under part A of 
     title I that has not made adequate yearly progress for at 
     least two years or is in a State's lowest quintile of 
     performance based on proficiency rates and, in the case of 
     secondary schools, priority shall be given to those schools 
     with graduation rates below 60 percent: Provided further, 
     That the ESEA title I, part A funds awarded to local 
     educational agencies under the American Recovery and 
     Reinvestment Act of 2009 for fiscal year 2009 shall not be 
     considered for the purpose of calculating hold-harmless 
     amounts under subsections 1122(c) and 1125A(g)(3) in making 
     allocations under title I, part A for fiscal year 2010 and 
     succeeding years.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,290,718,000, of which $1,151,535,000 shall be for basic 
     support payments under section 8003(b), $48,602,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $17,509,000 shall be for construction under section 
     8007(a) and shall remain available through September 30, 
     2010, $68,208,000 shall be for Federal property payments 
     under section 8002, and $4,864,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008: Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 8003(a) for school year 2009-2010, children enrolled 
     in a school of such agency that would otherwise be eligible 
     for payment under section 8003(a)(1)(B) of such Act, but due 
     to the deployment of both parents or legal guardians, or a 
     parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     8003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by parts A, B, and D of title II, part B of title IV, 
     subparts 6 and 9 of part D of title V, parts A and B of title 
     VI, and parts B and C of title VII of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''); the McKinney-
     Vento Homeless Assistance Act; section 203 of the Educational 
     Technical Assistance Act of 2002; the Compact of Free 
     Association Amendments Act of 2003; and the Civil Rights Act 
     of 1964, $5,239,644,000, of which $3,375,993,000 shall become 
     available on July 1, 2010, and remain available through 
     September 30, 2011, and of which $1,681,441,000 shall become 
     available on October 1, 2010, and shall remain available 
     through September 30, 2011, for academic year 2010-2011: 
     Provided, That funds made available to carry out part B of 
     title VII of the ESEA may be used for construction, 
     renovation and modernization of public elementary schools, 
     public secondary schools, and structures related to public 
     elementary schools and secondary schools, if such 
     construction, renovation, or modernization would support 
     achievement of the purposes of that part: Provided further, 
     That funds made available to carry out part C of title VII of 
     the ESEA may be used for construction: Provided further, That 
     the Secretary shall implement part C of title VII of the ESEA 
     without regard to the requirements of section 7304(d)(2): 
     Provided further, That up to 100 percent of the funds 
     available to a State educational agency under part D of title 
     II of the ESEA may be used for subgrants described in section 
     2412(a)(2)(B) of such Act: Provided further, That $57,113,000 
     shall be available to carry out section 203 of the 
     Educational Technical Assistance Act of 2002: Provided 
     further, That $26,328,000 shall be available to carry out 
     part D of title V of the ESEA: Provided further, That no 
     funds appropriated under this heading may be used to carry 
     out section 5494 under the ESEA: Provided further, That 
     $17,687,000 shall be available to carry out the Supplemental 
     Education Grants program for the Federated States of 
     Micronesia and the Republic of the Marshall Islands: Provided 
     further, That up to 5 percent of these amounts may be 
     reserved by the Federated States of Micronesia and the 
     Republic of the Marshall Islands to administer the 
     Supplemental Education Grants programs and to obtain 
     technical assistance, oversight and consultancy services in 
     the administration of these grants and to reimburse the 
     United States Departments of Labor, Health and Human 
     Services, and Education for such services: Provided further, 
     That $9,360,000 of the funds available for the Foreign 
     Language Assistance Program shall

[[Page H8772]]

     be available for 5-year grants to local educational agencies 
     that would work in partnership with one or more institutions 
     of higher education to establish or expand articulated 
     programs of study in languages critical to United States 
     national security that will enable successful students to 
     advance from elementary school through college to achieve a 
     superior level of proficiency in those languages.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the Elementary and 
     Secondary Education Act of 1965, $132,282,000.

                       Innovation and Improvement

       For carrying out activities authorized by part G of title 
     I, subpart 5 of part A and parts C and D of title II, parts 
     B, C, and D of title V, and section 1504 of the Elementary 
     and Secondary Education Act of 1965 (``ESEA''), and by part F 
     of title VIII of the Higher Education Act of 1965, 
     $1,353,363,000: Provided, That $10,649,000 shall be provided 
     to the National Board for Professional Teaching Standards to 
     carry out section 2151(c) of the ESEA, including $1,000,000 
     to develop a National Board certification for principals of 
     elementary and secondary schools: Provided further, That from 
     funds for subpart 4, part C of title II of the ESEA, up to 3 
     percent shall be available to the Secretary of Education for 
     technical assistance and dissemination of information: 
     Provided further, That $666,530,000 shall be available to 
     carry out part D of title V of the ESEA: Provided further, 
     That $51,732,000 shall be used for the projects, and in the 
     amounts, specified under the heading ``Innovation and 
     Improvement'' in the report of the Committee on 
     Appropriations of the House of Representatives to accompany 
     this Act: Provided further, That $445,864,000 of the funds 
     for subpart 1 of part D of title V of the ESEA shall be for 
     competitive grants to local educational agencies, including 
     charter schools that are local educational agencies, or 
     States, or partnerships of: (1) a local educational agency, a 
     State, or both; and (2) at least one non-profit organization 
     to develop and implement performance-based compensation 
     systems for teachers, principals, and other personnel in 
     high-need schools: Provided further, That such performance-
     based compensation systems must consider gains in student 
     academic achievement as well as classroom evaluations 
     conducted multiple times during each school year among other 
     factors and provide educators with incentives to take on 
     additional responsibilities and leadership roles: Provided 
     further, That up to 5 percent of such funds for competitive 
     grants shall be available for technical assistance, training, 
     peer review of applications, program outreach and evaluation 
     activities: Provided further, That from funds for subpart 1 
     of part D of title V of the ESEA, up to $10,000,000 shall be 
     available to carry out activities authorized under section 
     2151(a) of the ESEA: Provided further, That of the funds 
     available for section 2151(b), $5,000,000 shall be available 
     to continue a national school leadership partnership 
     initiative as described under this heading in the report of 
     the Committee on Appropriations of the House of 
     Representatives to accompany this Act: Provided further, That 
     of the funds available for part B of title V, the Secretary 
     shall use up to $21,031,000 to carry out activities under 
     section 5205(b) and under subpart 2, and shall use not less 
     than $195,000,000 to carry out other activities authorized 
     under subpart 1: Provided further, That of the funds 
     available for subpart 1 of part B of title V of the ESEA, and 
     notwithstanding section 5205(a), the Secretary may reserve up 
     to $20,000,000 to make multiple awards to charter management 
     organizations and other entities for the replication and 
     expansion of successful charter school models and may reserve 
     up to $10,000,000 to carry out the activities described in 
     section 5205(a), including by providing technical assistance 
     to authorized public chartering agencies in order to increase 
     the number of high-performing charter schools: Provided 
     further, That each application submitted pursuant to section 
     5203(a) shall describe a plan to monitor and hold accountable 
     authorized public chartering agencies through such activities 
     as providing technical assistance or establishing a 
     professional development program, which may include planning, 
     training and systems development for staff of authorized 
     public chartering agencies to improve the capacity of such 
     agencies in the State to authorize, monitor, and hold 
     accountable charter schools: Provided further, That each 
     application submitted pursuant to section 5203(a) shall 
     contain assurances that State law, regulations, or other 
     policies require that: (1) each authorized charter school in 
     the State operate under a legally binding charter or 
     performance contract between itself and the school's 
     authorized public chartering agency that describes the 
     obligations and responsibilities of the school and the public 
     chartering agency; conduct annual, timely, and independent 
     audits of the school's financial statements that are filed 
     with the school's authorized public chartering agency; and 
     demonstrate improved student academic achievement; and (2) 
     authorized public chartering agencies use increases in 
     student academic achievement for all groups of students 
     described in section 1111(b)(2)(C)(v) of the ESEA as the most 
     important factor when determining to renew or revoke a 
     school's charter.

             State Fiscal Stabilization Fund, Recovery Act

       For an additional amount for the Innovation Fund 
     established pursuant to section 14007 of division A of the 
     American Recovery and Reinvestment Act of 2009, $3,000,000.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subpart 3 of part 
     C of title II, part A of title IV, and subparts 2 and 10 of 
     part D of title V of the Elementary and Secondary Education 
     Act of 1965, $395,753,000: Provided, That $195,041,000 shall 
     be available for subpart 2 of part A of title IV, of which 
     $2,000,000, to remain available until expended, shall be for 
     the Project School Emergency Response to Violence (``Project 
     SERV'') program to provide education-related services to 
     local educational agencies and to institutions of higher 
     education in which the learning environment has been 
     disrupted due to a violent or traumatic crisis: Provided 
     further, That $133,000,000 shall be available to carry out 
     part D of title V: Provided further, That of the funds 
     available to carry out subpart 3 of part C of title II, up to 
     $13,383,000 may be used to carry out section 2345 and 
     $2,957,000 shall be used by the Center for Civic Education to 
     implement a comprehensive program to improve public 
     knowledge, understanding, and support of the Congress and the 
     State legislatures.

                      English Language Acquisition

       For carrying out part A of title III of the Elementary and 
     Secondary Education Act of 1965, $760,000,000, which shall 
     become available on July 1, 2010, and shall remain available 
     through September 30, 2011, except that 6.5 percent of such 
     amount shall be available on October 1, 2009, and shall 
     remain available through September 30, 2011, to carry out 
     activities under section 3111(c)(1)(C): Provided, That the 
     Secretary of Education shall use estimates of the American 
     Community Survey child counts for the most recent 3-year 
     period available to calculate allocations under such part.

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act (``IDEA'') and the Special Olympics Sport and 
     Empowerment Act of 2004, $12,579,677,000, of which 
     $3,726,354,000 shall become available on July 1, 2010, and 
     shall remain available through September 30, 2011, and of 
     which $8,592,383,000 shall become available on October 1, 
     2010, and shall remain available through September 30, 2011, 
     for academic year 2010-2011: Provided, That $13,250,000 shall 
     be for Recording for the Blind and Dyslexic, Inc., to support 
     the development, production, and circulation of accessible 
     educational materials: Provided further, That the amount for 
     section 611(b)(2) of the IDEA shall be equal to the lesser of 
     the amount available for that activity during fiscal year 
     2009, increased by the amount of inflation as specified in 
     section 619(d)(2)(B) of the IDEA, or the percentage change in 
     the funds appropriated under section 611(i) of the IDEA, but 
     not less than the amount for that activity during fiscal year 
     2009: Provided further, That funds made available for the 
     Special Olympics Sport and Empowerment Act of 2004 may be 
     used to support expenses associated with the Special Olympics 
     National and World games.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $3,504,305,000: Provided, That $2,570,000 shall be used for 
     the projects, and in the amounts, specified under the heading 
     ``Rehabilitation Services and Disability Research'' in the 
     report of the Committee on Appropriations of the House of 
     Representatives to accompany this Act.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

       For carrying out the Act of March 3, 1879, $22,599,000.

               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986, 
     $68,437,000, of which $5,400,000 shall be for construction 
     and shall remain available until expended: Provided, That 
     from the total amount available, the Institute may at its 
     discretion use funds for the endowment program as authorized 
     under section 207 of such Act.

                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986, $120,000,000, of which $2,000,000 
     shall be for construction and shall remain available until 
     expended: Provided, That from the total amount available, the 
     University may at its discretion use funds for the endowment 
     program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006, 
     the Adult Education and Family Literacy Act (``AEFLA''), 
     subpart 4 of part D of title V of the Elementary and 
     Secondary Education Act of 1965 (``ESEA'') and title VIII-D 
     of the Higher Education Amendments of 1998, $2,016,447,000, 
     of which $4,400,000 shall become available on October 1, 
     2009, and remain available through September 30, 2011, of

[[Page H8773]]

     which $1,221,047,000 shall become available on July 1, 2010, 
     and shall remain available through September 30, 2011, and of 
     which $791,000,000 shall become available on October 1, 2010, 
     and shall remain available through September 30, 2011: 
     Provided, That in allocating AEFLA State grants, the 
     Secretary of Education shall first distribute up to 
     $45,907,000 to those States that, due to administrative 
     error, were underpaid for fiscal years 2003 through 2008 in 
     the amounts such States were underpaid: Provided further, 
     That the Secretary shall not reduce the allocations for those 
     years to the States that were overpaid through such error, or 
     take other corrective action with respect to those 
     overpayments: Provided further, That the additional funds 
     provided to States to correct the administrative error shall 
     not be considered in determining the ``hold harmless'' 
     amounts under section 211(f) of the AEFLA for fiscal year 
     2011 or subsequent fiscal years: Provided further, That of 
     the amount provided for Adult Education State Grants, 
     $75,000,000 shall be made available for integrated English 
     literacy and civics education services to immigrants and 
     other limited English proficient populations: Provided 
     further, That of the amount reserved for integrated English 
     literacy and civics education, notwithstanding section 211 of 
     the AEFLA, 65 percent shall be allocated to States based on a 
     State's absolute need as determined by calculating each 
     State's share of a 10-year average of the United States 
     Citizenship and Immigration Services data for immigrants 
     admitted for legal permanent residence for the 10 most recent 
     years, and 35 percent allocated to States that experienced 
     growth as measured by the average of the 3 most recent years 
     for which United States Citizenship and Immigration Services 
     data for immigrants admitted for legal permanent residence 
     are available, except that no State shall be allocated an 
     amount less than $60,000: Provided further, That of the 
     amounts made available for AEFLA, $11,346,000 shall be for 
     national leadership activities under section 243: Provided 
     further, That $88,000,000 shall be available to support the 
     activities authorized under subpart 4 of part D of title V of 
     the ESEA, of which up to 5 percent shall become available on 
     October 1, 2009, and shall remain available through September 
     30, 2011, for evaluation, technical assistance, school 
     networks, peer review of applications, and program outreach 
     activities, and of which not less than 95 percent shall 
     become available on July 1, 2010, and remain available 
     through September 30, 2011, for grants to local educational 
     agencies: Provided further, That funds made available to 
     local educational agencies under this subpart shall be used 
     only for activities related to establishing smaller learning 
     communities within large high schools or small high schools 
     that provide alternatives for students enrolled in large high 
     schools: Provided further, That the Secretary of Education 
     may use amounts available under this heading for the 
     necessary costs of any closeout of the National Institute for 
     Literacy.

                      Student Financial Assistance

                     (including deferral of funds)

       For carrying out subparts 1, 3, and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, 
     $19,634,905,000, which shall remain available through 
     September 30, 2011.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2010-2011 shall be $4,860.
       Of the funds made available under section 401A(e)(1)(D) of 
     the Higher Education Act of 1965, $511,000,000 shall not be 
     available until October 1, 2010.

                       Student Aid Administration

       For Federal administrative expenses to carry out part D of 
     title I, and subparts 1, 3, 4, and 9 of part A, and parts B, 
     C, D, and E of title IV of the Higher Education Act of 1965, 
     $870,402,000, which shall remain available until expended.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, and VII of the Higher Education 
     Act of 1965 (``HEA''), section 1543 of the Higher Education 
     Amendments of 1992, the Mutual Educational and Cultural 
     Exchange Act of 1961, title VIII of the Higher Education 
     Amendments of 1998, and section 117 of the Carl D. Perkins 
     Career and Technical Education Act of 2006, $2,293,882,000: 
     Provided, That $9,687,000, to remain available through 
     September 30, 2011, shall be available to fund fellowships 
     for academic year 2011-2012 under subpart 1 of part A of 
     title VII of the HEA, under the terms and conditions of such 
     subpart 1: Provided further, That $609,000 shall be for data 
     collection and evaluation activities for programs under the 
     HEA, including such activities needed to comply with the 
     Government Performance and Results Act of 1993: Provided 
     further, That notwithstanding any other provision of law, 
     funds made available in this Act to carry out title VI of the 
     HEA and section 102(b)(6) of the Mutual Educational and 
     Cultural Exchange Act of 1961 may be used to support visits 
     and study in foreign countries by individuals who are 
     participating in advanced foreign language training and 
     international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That of the funds referred to in the 
     preceding proviso up to 1 percent may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That notwithstanding any other 
     provision of law, a recipient of a multi-year award under 
     section 316 of the HEA, as that section was in effect prior 
     to the date of enactment of the Higher Education Opportunity 
     Act (``HEOA''), that would have otherwise received a 
     continuation award for fiscal year 2010 under that section, 
     shall receive under section 316, as amended by the HEOA, not 
     less than the amount that such recipient would have received 
     under such a continuation award: Provided further, That the 
     portion of the funds received under section 316 by a 
     recipient described in the preceding proviso that is equal to 
     the amount of such continuation award shall be used in 
     accordance with the terms of such continuation award: 
     Provided further, That $1,000,000, to remain available until 
     expended, shall be available to carry out a scholarship 
     program for the purpose of increasing the skilled workforce 
     for industrial health and safety occupations, including mine 
     safety: Provided further, That the Secretary of Education 
     shall identify these scholarships as ``Erma Byrd 
     Scholarships'': Provided further, That such scholarships 
     shall be awarded without regard to an applicant's prior work 
     experience, but the Secretary shall, notwithstanding section 
     437 of the General Education Provisions Act and 5 U.S.C. 553, 
     by notice in the Federal Register, establish the eligibility 
     requirements, service obligations, payback requirements, and 
     other program requirements similar to those specified in 
     section 515 of the Federal Mine Safety and Health Act as are 
     necessary to implement such a program: Provided further, That 
     such scholarship funds may be used to replace a student's 
     expected family contribution, but institutions accepting such 
     scholarship funds may not use these funds to supplant 
     existing institutional aid: Provided further, That the 
     Secretary shall be authorized to accept contributions for 
     such scholarships from private sources: Provided further, 
     That these funds shall be used for scholarships for academic 
     year 2010-2011 and may be available for scholarships in 
     academic year 2011-2012: Provided further, That $68,247,000 
     shall be used for the projects, and in the amounts, specified 
     under the heading ``Higher Education'' in the report of the 
     Committee on Appropriations of the House of Representatives 
     to accompany this Act.

                           Howard University

       For partial support of Howard University, $234,977,000, of 
     which not less than $3,600,000 shall be for a matching 
     endowment grant pursuant to the Howard University Endowment 
     Act and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

        For the cost of guaranteed loans, $20,228,000, as 
     authorized pursuant to part D of title III of the Higher 
     Education Act of 1965 (``HEA''): Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That these funds are available to 
     subsidize total loan principal, any part of which is to be 
     guaranteed, not to exceed $178,221,000.
       In addition, for administrative expenses to carry out the 
     Historically Black College and University Capital Financing 
     Program entered into pursuant to part D of title III of the 
     HEA, $354,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, the National Assessment of 
     Educational Progress Authorization Act, section 208 of the 
     Educational Technical Assistance Act of 2002, and section 664 
     of the Individuals with Disabilities Education Act, 
     $664,256,000, of which $593,606,000 shall be available 
     through September 30, 2011: Provided, That funds available to 
     carry out section 208 of the Educational Technical Assistance 
     Act may be used for Statewide data systems that include 
     postsecondary and workforce information and information on 
     children of all ages: Provided further, That up to 
     $10,000,000 of the funds available to carry out section 208 
     of the Educational Technical Assistance Act may be used for 
     State data coordinators and for awards to public or private 
     organizations or agencies to improve data coordination, 
     quality, and use.

                        Departmental Management

                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $452,200,000, of which 
     $8,200,000, to remain available until expended, shall be for 
     relocation of, and renovation of buildings occupied by, 
     Department staff.

                        office for civil rights

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

                    office of the inspector general

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section

[[Page H8774]]

     212 of the Department of Education Organization Act, 
     $60,053,000.

                           General Provisions

       Sec. 301.  No funds appropriated in this Act may be used 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302.  None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303.  No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.

                          (transfer of funds)

       Sec. 304.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the transfer authority granted by this section 
     shall be available only to meet emergency needs and shall not 
     be used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act: 
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.
       Sec. 305.  The Outlying Areas may consolidate funds 
     received under this Act, pursuant to 48 U.S.C. 1469a, under 
     part A of title V of the Elementary and Secondary Education 
     Act.
       Sec. 306.  None of the funds made available in the fifth 
     proviso under the heading ``Innovation and Improvement'' in 
     this Act shall be made available for new awards under the 
     Teacher Incentive Fund prior to the submission of an impact 
     evaluation plan to the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 307.  Section 14007 of division A of the American 
     Recovery and Reinvestment Act of 2009 is amended--
       (1) by amending subsection (a)(3) to read as follows:
       ``(3) Purpose of awards.--The Secretary shall make awards 
     to eligible entities in order to identify, document, and 
     bring to scale innovative best practices based on 
     demonstrated success, to allow such eligible entities to--
       ``(A) expand their work and serve as models for best 
     practices; and
       ``(B) work in partnership with the private sector and the 
     philanthropic community.'';
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (1)(A), (1)(B), (2), and (3), respectively;
       (B) in paragraph (1)(A), as so redesignated, by inserting 
     ``or'' after the semicolon;
       (C) by amending paragraph (1)(B), as so redesignated, to 
     read as follows:
       ``(B) have demonstrated success in significantly increasing 
     student academic achievement for all groups of students 
     described in such section;''; and
       (D) in paragraph (3), as so redesignated, by striking 
     ``they have established partnerships'' and inserting ``it has 
     established one or more partnerships'';
       (3) in subsection (c), by striking ``paragraphs'' and all 
     that follows through ``such requirements'' and inserting 
     ``paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if 
     the nonprofit organization has a record of significantly 
     improving student achievement, attainment, or retention and 
     shall be considered to have met the requirements of 
     subsection (b)(3) if it demonstrates that it will meet the 
     requirement relating to private-sector matching''; and
       (4) by adding at the end a new subsection (d) to read as 
     follows:
       ``(d) Subgrants.--In the case of an eligible entity that is 
     a partnership described in subsection (a)(1)(B), the partner 
     serving as the fiscal agent may make subgrants to one or more 
     of the other entities in the partnership.''.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2010''.

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

                           operating expenses

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

                         national service trust

                     (including transfer of funds)

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

                         salaries and expenses

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

                      office of inspector general

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

                       administrative provisions

       Sec. 401.  The Corporation for National and Community 
     Service (``the Corporation'') shall 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.
       Sec. 402.  AmeriCorps programs receiving grants under the 
     National Service Trust program shall meet an overall minimum 
     share requirement of 24 percent for the first three years 
     that they receive AmeriCorps funding, and thereafter shall 
     meet the overall minimum share requirement as provided in 
     section 2521.60 of title 45, Code of Federal Regulations, 
     without regard to the operating costs match requirement in 
     section 121(e) or the member support Federal share 
     limitations in section 140 of the National and Community 
     Service Act of 1990, and subject to partial waiver consistent 
     with section 2521.70 of title 45, Code of Federal 
     Regulations.
       Sec. 403.  Donations made to the Corporation for National 
     and Community Service under section 196 of the National and 
     Community Service Act of 1990 (``1990 Act'') for the purposes 
     of financing programs and operations under titles I and II of 
     the 1973 Act or subtitles B, C, D, or E of title I of the 
     1990 Act shall be used to supplement and not supplant current 
     programs and operations.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting 
     (``Corporation''), as authorized by the Communications Act of 
     1934, an amount which shall be available within limitations 
     specified by that Act, for the fiscal year 2012, 
     $440,000,000: Provided, That none of the funds made available 
     to the Corporation by this Act shall be used to pay for 
     receptions, parties, or similar forms of entertainment for 
     Government officials or employees: Provided further, That 
     none of the funds made available to the Corporation by this 
     Act shall be available or used to aid or support

[[Page H8775]]

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

               Federal Mediation and Conciliation Service

                         salaries and expenses

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

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

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

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

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

                  Medicare Payment Advisory Commission

                         salaries and expenses

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

                     National Council on Disability

                         salaries and expenses

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

                     National Labor Relations Board

                         salaries and expenses

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

                        National Mediation Board

                         salaries and expenses

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

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

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

          federal payments to the railroad retirement accounts

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

                      limitation on administration

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

             limitation on the office of inspector general

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

                     Social Security Administration

                payments to social security trust funds

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

                  supplemental security income program

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

                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $40,000 for official 
     reception and representation expenses, not more than 
     $10,800,500,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $2,300,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2010 
     not needed for fiscal year 2010 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this

[[Page H8776]]

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

                      office of inspector general

                     (including transfer of funds)

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

                      TITLE V--GENERAL PROVISIONS

                          (transfer of funds)

       Sec. 501.  The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504.  The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     Expenses''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``National Mediation Board, Salaries and 
     Expenses''.
       Sec. 505.  When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 506. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 507. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 508. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 510.  None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 511.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding submission of an annual report to the Secretary of 
     Labor concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 512.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the

[[Page H8777]]

     United States Government, except pursuant to a transfer made 
     by, or transfer authority provided in, this Act or any other 
     appropriation Act.
       Sec. 513.  None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 514.  None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act, as amended by the Children's Internet 
     Protection Act and the No Child Left Behind Act, unless the 
     local educational agency with responsibility for such covered 
     school has made the certifications required by paragraph (2) 
     of such section.
       Sec. 515. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2010, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2010, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       Sec. 516. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
       Sec. 517.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2010 that are different than those specified in 
     this Act, the accompanying detailed table in the committee 
     report, or the fiscal year 2010 budget request.
       Sec. 518.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $100,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2010, 
     but not to include grants awarded on a formula basis or 
     directed by law. Such report shall include the name of the 
     contractor or grantee, the amount of funding, the 
     governmental purpose, including a justification for issuing 
     the award on a non-competitive basis. Such report shall be 
     transmitted to the Committees within 30 days after the end of 
     the quarter for which the report is submitted.
       Sec. 519.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 520.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 521.  None of the funds appropriated by this Act may 
     be used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establlishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payble but for such agreement.
       Sec. 522.  None of the funds made available in this Act may 
     be used in contravention of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1611 et seq.).
       Sec. 523.  None of the funds contained in this Act may be 
     used to distribute any needle or syringe for the hypodermic 
     injection of any illegal drug in any location which is within 
     1,000 feet of a public or private day care center, elementary 
     school, vocational school, secondary school, college, junior 
     college, or university, or any public swimming pool, park, 
     playground, video arcade, or youth center, or an event 
     sponsored by any such entity.

  The CHAIR. No amendment to the bill shall be in order except those 
printed in House Report 111-222. Each amendment may be offered only in 
the order printed in the report, may be offered only by a Member 
designated in the report, shall be considered read, debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent, shall not be not be subject to amendment, 
and shall not be subject to a demand for division of the question.
  After disposition of the amendments specified in the first section of 
House Resolution 673, the Chair and ranking minority member of the 
Committee on Appropriations or their designees each may offer one pro 
forma amendment to the bill for the purpose of debate, which shall be 
controlled by the proponent.


                  Amendment No. 1 Offered by Mr. Obey

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 111-222.
  Mr. OBEY. Mr. Chairman, I have a manager's amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Obey:
       Page 8, line 3, insert ``(reduced by $5,000,000)'' after 
     the dollar amount.
       Page 8, line 12, insert ``(increased by $5,000,000)'' after 
     the dollar amount.
       Page 26, line 24, insert ``(reduced by $1,000,000)'' after 
     the first dollar amount.
       Page 33, line 14, insert ``(increased by $1,000,000)'' 
     after the first dollar amount.
       Page 39, line 10, insert ``(increased by $1,000,000)'' 
     after the aggregate dollar amount.
       Page 40, line 10, insert ``(increased by $1,000,000)'' 
     after the dollar amount.
       Page 40, line 12, insert ``(reduced by $1,000,000)'' after 
     the dollar amount.
       Page 65, line 13, after ``III,'' insert ``IV,''.
       Page 65, line 17, insert ``(reduced by $1,000,000)'' after 
     the aggregate dollar amount.
       Page 84, line 17, insert ``(increased by $5,000,000)'' 
     after the aggregate amount.
       Page 84, line 18, insert ``(increased by $5,000,000)'' 
     after the dollar amount.
       Page 86, line 25, insert ``(reduced by $6,000,000)'' after 
     the aggregate dollar amount.
       Page 87, line 9, insert ``(reduced by $9,000,000)'' after 
     the dollar amount.
       Page 88, line 24, insert ``(increased by $10,000,000)''.
       Page 90, line 6, insert before the period at the end the 
     following: ``: Provided further, That $6,965,000 of the funds 
     available to carry out subpart I of part D of title V of the 
     ESEA shall be used for the Reach Out and Read program''.
       Page 97, line 18, insert ``(increased by $1,000,000)'' 
     after the first dollar amount.

[[Page H8778]]

       Page 100, line 2, after the colon, insert the following: 
     ``Provided further, That of the funds available under part B 
     of title VII of the HEA, $1,000,000 shall be used to 
     implement section 891 of the HEA:''.
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available in this Act may 
     be used to purchase light bulbs unless the light bulbs are 
     ``Energy Star'' qualified or have the ``Federal Energy 
     Management Program'' designation.
       Sec. __.  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.

  The CHAIR. Pursuant to House Resolution 673, the gentleman from 
Wisconsin (Mr. Obey) and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Wisconsin.

                              {time}  1230

  Mr. OBEY. Mr. Chairman, this amendment, I believe, is not 
controversial. It incorporates several amendments requested by Members 
and makes technical corrections to the underlying bill. These 
adjustments are fully offset and do not change the bottom-line funding 
for the bill.
  Briefly, the amendment provides an additional $5 million for the 
Career Pathways Innovation Fund within the Department of Labor 
requested by Mr. Teague, offset by a reduction in the green jobs fund
  It contains an additional million dollars for the emergency medical 
services for children's programs. As a result, the total of $21 million 
is included in the bill to bring improved emergency medical care to 
children due to Mr. Matheson's work on this issue
  It contains an additional $1 million for the National Center for 
Health Statistics within the Centers for Disease Control, fully offset. 
As a result, the bill includes $140 million for the collection of 
critical health statistics. Mr. Cohen sponsored this important 
amendment.
  Mathematics and Science Partnership program is increased by $5 
million to $184 million to expand professional development for math and 
science teachers. Again, it is fully offset. It was urged by Mr. Holt 
and Mr. Ehlers and others.
  The amendment provides nearly $7 million for the Reach Out and Read 
program within the fund for improvement of education in the Department 
of Education. It will result in an additional $2 million for books to 
help children learn to read due to the efforts of Mr. McGovern.
  The amendment increases the amount from $20 million to $30 million 
within the charter schools program in the Department of Education that 
may be used for grants to charter management organizations. It 
replicates successful charter models at the request of Mr. Polis.
  The amendment provides $1 million for university-based modeling and 
simulation programs newly authorized by the Higher Education Act 
proposed by Mr. Scott.
  It then includes two funding limitation amendments sponsored by Mr. 
Cuellar with respect to the Federal management program designation and 
a prohibition on the use of funds in the bill for any first class 
travel in the agencies funded under this bill.
  And the amendment also makes technical correction.
  I would be happy to yield briefly to Mr. Cohen.
  Mr. COHEN. I rise to thank Chairman Obey for his inclusion of $1 
million to be directed to the National Center for Health Statistics. 
This was requested in the hopes that it would end up with some funds 
being used to study enhanced birth certificates across the Nation.
  The National Center for Health Statistics faces a funding shortage, 
inhibiting their ability to study these vital records which is a 
roadblock to understanding the high infant mortality rate that plagues 
our Nation, in particular my city of Memphis. We have a rate that is 
the highest in the country and rivals that of Third World nations. It's 
unacceptable in America.
  It's these types of programs that will help move America forward. We 
must work together to lower our Nation's infant mortality rate. It 
starts with gaining a statistical knowledge of why these deaths occur. 
I wholeheartedly support Chairman Obey's inclusion of the funding for 
the National Center for Health Statistics, and I urge a ``yes'' vote on 
the bill.
  Thank you for the time.
  Mr. OBEY. I would be happy to yield to Mr. Teague.
  Mr. TEAGUE. I thank Chairman Obey.
  And, Mr. Chairman, I rise today in support of my energy jobs 
amendment to the Labor-H Appropriations Act. The amendment takes $5 
million from the green jobs fund and puts that money into the Career 
Pathways Fund for the purpose of job training in all energy fields.
  Now, let me be clear. I do not oppose green jobs and I don't oppose 
green energy. Quite the opposite. We need all the jobs we can get, and 
we need all the energy that we can produce. But as we work in Congress 
to make up for the inaction on energy issues of this decade, the 
inaction that led to a dependence on foreign oil and high energy costs, 
we cannot pretend that green energy will solve all of our problems. We 
cannot pretend that the American economy does not depend on oil and 
gas. We cannot forget that nuclear energy is a safe, dependable and 
carbon-neutral source of power.
  Mr. Chairman, I am an oilman, always have been, always will be. When 
I arrived in Congress, the oil and gas industry was in the trough. It 
still is. Around my hometown of Hobbs, if you're not looking for a job 
yourself, you surely know a handful of folks who are. Times are tough; 
work is scarce. We're hoping that that will change soon, however; and 
when the oil and gas industry comes out of the trough, we're going to 
need to find a lot of trained and skilled oil field workers in a hurry.
  I want to help make New Mexico the all-energy capital of the world. 
We want to double up on energy jobs, grow the number of oil and gas 
jobs we have, and add new energy jobs. But let me be clear. In order to 
double up on energy jobs, we must increase the oil and gas jobs we 
have, and we can't do that if job training programs ignore the needs of 
the oil and gas industry.
  Mr. OBEY. I thank the gentleman.
  I reserve the balance of my time.
  Mr. TIAHRT. Mr. Chairman, I rise to claim the time in opposition.
  The CHAIR. The gentleman from Kansas is recognized for 10 minutes.
  Mr. TIAHRT. Mr. Chairman, I'm not opposed to the chairman's amendment 
in substance, but I am opposed to the amendment in process.
  The amendment incorporates nine separate stand-alone amendments 
offered by Democrat Members of this body, thus ensuring that those 
Members would not have to go to the Rules Committee and plead just to 
have a perfectly legitimate amendment proposed on the floor.
  It incorporates no Republican amendments. If I heard the chairman 
correctly this morning, there are 10 that could have been included, but 
were not.
  Looking through the list of what's in the chairman's amendment, there 
is Career Pathways Innovation Fund for $5 million with an offset. 
There's a health resources and service administration with a $1 million 
offset. Going through the list, there's really not much that brings out 
any controversy. They could have stood alone. There perhaps is one that 
would not have been legitimate standing alone, which would include a 
prohibition to purchase light bulbs unless the light bulbs are Energy 
Star qualified or have a Federal energy management program designation. 
I think that one is probably protected under the rule.
  But let me tell you what was not included because these amendments 
were not made in order. What was not included was a commonsense 
amendment to use technology to reduce unemployment insurance, improper 
and fraudulent payments.
  What was not included was an amendment to prohibit the Department of 
Education from shutting down the largest student loan program that 
exists today.
  What was not in order was an amendment to prohibit the Secretary of 
Health and Human Services from setting up any kind of rationed health 
care system.
  What was not included was an amendment to prevent the government from 
nationalizing our health care system.
  What was not included was an amendment to prevent the government

[[Page H8779]]

from imposing a costly health care mandate on small businesses which, 
if it had been permitted to be considered and if it had passed, would 
have saved hundreds of thousands, if not millions, of jobs.
  What was not included was an amendment to ensure that the only entity 
setting up Medicare reimbursement rates is the Center for Medicare and 
Medicaid Services, not any other government agency or bureaucracy.
  What is not included was a shift to add $1 billion to special 
education for new, never-before-tried programs.
  What was not included was an amendment before us that would have 
addressed other issues that are important.
  But what is in the amendment that is before us is systematically 
what's wrong with the process, and it disenfranchises the American 
people. So, therefore, I would urge a ``no'' vote.
  I yield back the balance of my time.
  Mr. OBEY. Could I ask how much time I have remaining.
  The CHAIR. The gentleman from Wisconsin has 5 minutes remaining.
  Mr. OBEY. Let me consume 1 minute of that time myself.
  Mr. Chairman, all I would say is that I've had at least two Members 
of the Republican side of the aisle come up and thank me for accepting 
various amendments. So while they may not have been the lead sponsors 
on amendments, they were certainly involved on the Republican side of 
the aisle in supporting some of the amendments that we have accepted 
and incorporated.
  Secondly, I think the gentleman's recitation of some of the 
amendments that were not considered illustrates my point earlier. The 
first amendment that he mentioned was an amendment that was clearly not 
in order under the Budget Act. It would have put this entire bill under 
a violation of the Budget Act for being over our allowable funding. I 
didn't think good conservatives would want us to do that.
  Secondly, I would point out that the second, third and fourth option 
he was talking about all speak to what kind of health care reform we 
should have, and that is not the jurisdiction of this committee. Those 
issues right now are being worked on in the Energy and Commerce 
Committee; they're being worked on in the Education and Labor 
Committee; they're being worked on in the Ways and Means Committee. And 
that's where they should remain.
  Having said that, I would now like to yield 2 minutes to the 
gentlewoman from California (Ms. Lee).
  Ms. LEE of California. Thank you very much, Mr. Chairman.
  Let me just say I rise in strong support of this amendment and this 
bill, and I want to thank Chairman Obey for yielding, and I want to 
thank the chairman and his staff and my staff of the subcommittee and 
all of our staffs for producing this very excellent bill.
  Mr. Chair, our Nation is in the midst of, as all know, the worst 
economic crisis since the Great Depression. Families are losing their 
jobs, losing their homes, losing their access to health care. People 
are hurting, and they really do need our help. That's why this bill is 
so important.
  From expanding support for education initiatives like early childhood 
education, to job training and employment services, to expanding access 
to health care and improving public health, this bill will provide a 
critical range of services and support for our constituents, especially 
during these very devastating times.
  I want to thank the chairman for including a number of very important 
priorities that many of my colleagues requested, in particular, $653 
million to strengthen Historical Black Colleges and Universities, 
predominantly black institutions, Hispanic-serving institutions, and 
other developing institutions. And this is a $110 million increase over 
the President's request for HBCUs.
  Also, for a $54 million increase for HIV/AIDS funding through the 
Ryan White CARE Act and a $56 million increase for the CDC's HIV/AIDS 
bureau.
  We also included $50 million for green jobs training programs, 
building on the $500 million we provided in the Recovery Act. And this 
is extremely important because there are those individuals who need to 
be trained and need the skills for this great trillion-dollar industry 
that is emerging in our country.
  And, also, I want to thank the chairman for replacing the discredited 
and ineffective abstinence-only programs with the President's evidence-
based Teen Pregnancy Prevention Initiative to fund proven approaches to 
reduce unintended pregnancies and sexually transmitted infections. This 
is a huge, huge step in the right direction to ensure the health of our 
young teenage girls and boys.
  These critical investments will help put our Nation back on the right 
track, and I urge my colleagues to vote for the amendment and the bill. 
I thank you, the chairman, for his leadership.
  Mr. OBEY. I yield 1\3/4\ minutes to the gentleman from Virginia (Mr. 
Moran).
  Mr. MORAN of Virginia. I thank my chairman of the committee.
  This is a good bill, but the other side wants to change it by 
restricting access to reproductive services, by limiting research in 
AIDS, and particularly--and this is the issue I want to speak to right 
now--by preventing the exchange of clean needles among drug addicts.
  Well, I think people need to know that we have had experimentation 
with this kind of punitive prohibitive action because over the last 
several years the same people as are pushing this amendment have been 
successful in imposing this restriction on the District of Columbia, 
and we know what the results are.
  For the last 6 years, we have seen an increase in AIDS among female 
residents of the District of Columbia of 76 percent. We now have a 
larger number of women with AIDS in D.C. than in any place in the 
country. Now, why? Well, it hasn't happened in other cities. In fact, 
in New York City they saw a reduction of 75 percent in AIDS infection 
since they were able to make clean needles available. 61 percent of 
women who have AIDS get it through injection of dirty needles.
  Now, of course, it's women also who have babies, and what could be 
worse than a child born to a life of suffering, deprivation and early 
death? But, in fact, largely as a result of what was the Tiahrt 
amendment imposed on D.C. for the last 6 years, there is now a rate of 
children born with AIDS that is 54 times the rest of the country 
children of women with AIDS from with HIV infection, is 54 times 
greater in D.C. largely because of the Tiahrt amendment to prohibit 
clean needle availability.
  Now, this is the result of the kind of punitive legislation that the 
other side would like to impose on the rest of the country with this 
bill.
  Let's keep this bill clean. It's a good bill.
  Mr. OBEY. Mr. Chairman, I would simply urge adoption of the manager's 
amendment, and I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Wisconsin (Mr. Obey).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. TIAHRT. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Wisconsin will be 
postponed.

                              {time}  1245


                 Amendment No. 2 Offered by Mr. Souder

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 111-222.
  Mr. SOUDER. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Souder:
       At the end of the bill (before the short title), insert the 
     following:
       Sec.__. None of the funds made available by this Act may be 
     used to provide individuals with hypodermic needles or 
     syringes under section 300ee-5 of title 42, United States 
     Code.

  The CHAIR. Pursuant to House Resolution 673, the gentleman from 
Indiana (Mr. Souder) and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Indiana.
  Mr. SOUDER. I yield myself 2 minutes. Contrary to what was just said 
on the House floor, in fact, Dr. David Murray has pointed out in 
research that it's very mixed. In fact, in most cases,

[[Page H8780]]

the HIV virus does not come through needles. The overwhelming majority 
comes through sexual activity, not through the needles.
  The District of Columbia, which seeks money from the Federal 
Government, unlike any other city, is then subject to restrictions. The 
District of Columbia had the strictest gun laws in the United States, 
yet led the country in the murder rate. The rest of the country can't 
be blamed for whatever problems they may have that are behavioral 
related in the District of Columbia.
  The fundamental question is why Congress has repeatedly, over and 
over, banned needle exchange programs, when, given the opportunity, is: 
One, they may undermine community drug-prevention messages and 
programs. Two, providing needles acts as a way for drug users to 
sustain and support their intravenous drug use and does not address the 
primary illness of the drug addiction itself.
  And, three, needle exchange programs direct critical resources away 
from treatment and intervention programs which have not proven to 
significantly affect HIV infection rates and drug use. Arguably, there 
is some, but it has not been substantial.
  I reserve the balance of my time.
  Mr. OBEY. I claim time in opposition.
  The CHAIR. The gentleman from Wisconsin is recognized for 10 minutes.
  Mr. OBEY. I would ask the gentleman if he can proceed with another 
speaker until my speaker gets here.
  Mr. SOUDER. I yield myself 3 additional minutes. I want to go through 
a number of statements regarding the needle exchange programs. This is 
a series of questions with Dr. David Murray, who was the ONDC policy 
analyst and expert in needle exchange, to resolve some of these.
  In a nutshell, why doesn't the Federal Government fund needle 
exchange programs? The existing evidence cannot support the claim that 
distribution of needles to enable continued drug addiction behavior can 
meet these criteria.
  Another question was: What is the current state of research regarding 
needle exchange programs? The most recent comprehensive analysis of the 
evidence by the U.S. Institute of Medicine is much retrenched from 
earlier claims that there were these overwhelming results.
  For example, the report notes that the evidence that needle exchanges 
reduce HIV incidence is limited and inconclusive, that the evidence is 
even worse for Hepatitis C transmission, and that their impact on high-
risk behaviors like sex-related risk is inconclusive.
  What's the risk in States experimenting with implementing their own 
needle exchange programs? Are there potential unintended consequences? 
Indeed, the healer's motto is: First do no harm.
  Evidence concerning the impact of needle exchange programs on both 
drug use and reduction, and disease transmission is by no means 
comforting. While the evidence is not clear and convincing that needle 
exchange make things actively worse, there are still grounds for 
concern.
  There are reports of increased disease incidence, increased crime, 
and loss of drug deterrence in association with needle programs.
  I reserve the balance of my time.
  Mr. OBEY. I yield 2 minutes to the distinguished gentlewoman from 
California (Ms. Roybal-Allard).
  Ms. ROYBAL-ALLARD. Mr. Chairman, I rise in strong opposition to this 
amendment. Prior to elected office, I worked in alcohol and drug 
prevention programs and saw firsthand the power and the destructive 
nature of drug addiction. I saw it destroy the life of the user, and I 
saw the agony it caused families. I would never support a measure that 
encourages or contributes to the use of illegal drugs.
  Chairman Obey's leadership in eliminating the ban on Federal dollars 
for needle exchange programs is based on sound scientific research that 
tells us these programs are a valuable HIV prevention tool that does 
not increase drug use.
  Mr. Souder's amendment reinstates this ill-advised ban and returns us 
to a practice of allowing personal belief rather than science to direct 
our Federal funding decisions.
  The science is clear. When addicts have clean needles available, the 
incidence of HIV infection declines among users.
  Furthermore, needle exchange programs provide a critical portal to 
treatment and are an important part of our efforts to reduce the HIV 
epidemic.
  I urge my colleagues to follow the science and to join me in voting 
``no'' on this amendment.
  Mr. SOUDER. I continue to reserve the balance of my time.
  Mr. OBEY. I yield 2 minutes to the distinguished gentleman from West 
Virginia (Mr. Mollohan).
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to this amendment. 
For those of you of my colleagues who might support this amendment 
because you believe that withholding clean needles from addicted drug 
users is somehow helping in the fight against illegal drug use, please 
allow me to suggest that that is a mistaken view and that you are 
really promoting the incidence of infection, of disease, and death 
among active addicts and those with whom they socialize. Indeed, that's 
the point. Needle exchange is not about promoting drug use. It is in 
fact about preventing disease.
  Now, to understand why this is true, you really must understand that 
at the heart of addiction is craving. An addict, a person who is 
addicted, they are addicted because they crave. They have to have the 
drug that artificially gives them that feeling of well-being, that 
instantaneous euphoria. There is a powerful craving.
  There are lots of ways to enable drug use. There's lots of ways to 
help promote drug use in the country, to enable. Families allowing drug 
users to have access to resources is the most prominent one.
  But the needle exchange program advocated for and carried out by 
health professionals is not one of those enablers because, again, why? 
At the moment that an addicted person has to have the drug, he or she 
is driven by this craving and the condition of the needle is not going 
to deter its use.
  Now, while that may not be rational, while people who are standing 
around thinking rationally, Gee, you wouldn't use a bad needle. They 
are not acting in a rational way. And that's the point.
  The condition of the needle is not the deterrence and therefore 
withholding clean needles simply means that they likely use and share 
dirty needles--and this spreads disease.
  Mr. SOUDER. I yield 2 minutes to the gentleman from Kansas.
  Mr. TIAHRT. Mr. Chairman, the gentleman from Virginia (Mr. Moran) 
felt it necessary to mention me as responsible for the increase in AIDS 
in the District of Columbia. This is a personal attack. Rarely do we 
see such a personal attack on the floor of the House.
  He did it because he believes I'm responsible since I had the 
amendment that did restrict needles in the District of Columbia. 
Apparently, he felt like I was down there forcing people with AIDS to 
have relations, forcing drug abusers to take drugs. I just think it's 
very much a problem when we start being so personal in this attack.
  He overlooks the fact that these people really need help overcoming 
the use of illegal drugs. That they're dependent on a lifestyle that 
only leads to destruction, and that I personally don't want to be part 
of that destruction. Many people in America feel like it's unnecessary.
  He also overlooks the fact that many people who have studied long 
term the effect of the needles program believe it doesn't work. In 
Baltimore, where they followed the same drug abusers through the 
process, when they had access to the needles program, 90 percent of the 
people had a bloodborne illness.
  I would consider 90 percent negative a failure. Now other people may 
think when 90 percent of the people attract a bloodborne illness like 
Hepatitis A or B or HIV positive or AIDS itself, that that would be a 
success. But to me, personally it's not.
  I regret that I was brought into this personally and that I was 
personally attacked about this because I didn't force people to use 
illegal drugs, I didn't force people to have relationships with those 
who are positive in AIDS.
  I think it's sad that when we personally found needles on school 
property in the area where needles were distributed before the 
restriction, that it's

[[Page H8781]]

sad we can't even protect the children of D.C. from being exposed to 
this type of activity.
  Mr. MOLLOHAN. Would the gentleman yield?
  Mr. TIAHRT. I won't yield. I'm very pleased that the chairman of this 
committee has tried to allow areas of this country around schools, 
around places to be vacant of these systems. I think there's some good 
things in this bill about it, but I don't think the overall program has 
been successful.
  Mr. OBEY. I yield 45 seconds to the gentlewoman from California (Ms. 
Lee).
  Ms. LEE of California. I rise in strong opposition to this amendment. 
The simple fact of the matter is the needle exchange programs do work. 
Since 1999, there have been at least 18 major reviews and assessments 
of needle exchange programs under the Republican and Democratic 
administrations, which concluded that needle exchange programs help 
reduce the spread of AIDS and other infectious diseases without 
encouraging or increasing drug use.
  Studies also show that needle exchange programs serve as an effective 
entry for drug users to access the public health system and receive 
substance abuse treatment to help them overcome their addiction. And 
that is what it is about.
  We all want to make sure that those who are using drugs overcome 
their addiction. This is a proven strategy. And so I ask for a ``no'' 
vote on this amendment. We have to remember, funding HIV/AIDS 
strategies involve prevention. This is a prevention measure.
  Mr. SOUDER. How much time do I have remaining?
  The CHAIR. The gentleman from Indiana has 5 minutes remaining. The 
gentleman from Wisconsin has 5\1/4\ minutes remaining.
  Mr. SOUDER. I have tracked this issue for a long time. You can make 
allegations of studies, but studies are in fact very mixed on both 
sides, as I read from the office of National Drug Control Policy person 
who studied all the studies, worked with the people at night in the 
studies and, quite frankly and honestly, they're mixed.
  There's a new recent study in Vancouver by somebody who advocated the 
program, who also advocates the legalization of marijuana, and he 
concluded that the study, at least in the downtown area of Vancouver, 
showed some progress on AIDS but no progress on heroin.
  Now I mentioned Vancouver. Vancouver and Switzerland have been 
addressing this question long before the United States got into this. 
When you go over to Switzerland and study their program, they evolved 
first from a needle exchange to then having a place where they could 
inject, separate, then to the government of Switzerland providing the 
heroin and managing.
  To some degree, they have reduced certain elements of problems. They 
did not reduce heroin abuse. In fact, you could argue they increased 
heroin abuse. They basically turned a bunch of people into zombies 
instead of addressing the social problem of heroin addiction.
  Now in Vancouver, where I've been three times--and I encourage people 
to go to the Cop Squad site, policemen who have been dedicated to 
trying to counter what some of the government has been spreading about 
the drug problem in Vancouver.
  Vancouver is a very interesting case because they were first. They 
were the first city in North America that in effect had a drug-free 
zone and dealt with the needles question. And it has been debated.
  There are certain studies now that claim this is a brand new 
experiment. It's been going on for at least 10 years. The first time I 
was there, they had a needle exchange. They just had people in the 
street, with a stand, trying to do needles.
  By the next time I went up there, they had an injection site, and 
they were out trying to reach and they had spread into the suburbs, 
because they didn't want people have to go just to downtown, they 
wanted it in the suburbs. And most of the studies were only studying 
the downtown area.
  The third time I was there, they've got these guys out in the street 
peddling, trying to keep the police away.
  Now let me read from an article about downtown Vancouver, where the 
Winter Olympics are going to be held, where we have a zero standard of 
narcotics on our athletes, yet they're going to be going to a city 
where, ``the junkies come here almost around the clock, seven days a 
week. Some just grab a fistful of clean syringes from one of the 
buckets by the door and head out again. But about 600 times a day, 
others walk in with pocketfuls of heroin, cocaine or speed that they've 
scored out on the street; sign in; go to a clean, well-lit room lined 
with stainless-steel booths; and, under the protective watch of two 
nurses, shoot their drugs into their veins.''

                              {time}  1300

  Welcome to North America's only officially sanctioned supervised 
injection site. The facility sits in the heart of Vancouver, 10 blocks 
that compose one of the poorest neighborhoods in all of Canada. The 
area is home to an estimated 4,700 intravenous drug users and thousands 
of crack addicts. For years it's been a world-class health disaster, 
not to mention a public relations nightmare for a town that is famous 
for its beautiful mountains and beaches and is gearing up to host the 
2010 Winter Olympics. Nearly a third of the downtown East Side 
inhabitants are estimated to be HIV-positive, according to the U.N. 
Population Fund, a rate on par with Botswana. Twice that number have 
hepatitis C. Dozens die of drug overdoses every year. This has been a 
problem that has been building and building, now spreading to the 
suburbs of British Columbia. They have the first gun violence there, 
drug pushers moving there. It is an example of the failure of this 
program.
  We are in the process of eliminating moral hazard in America. If you 
fail in your bank, we bail you out; if you fail in your business and go 
bankrupt, we bail you out. Now the question is, are we going to 
eliminate moral hazard in narcotics? At what point do we send a message 
not just this year but 5 years from now and 10 years from now that 
there's no accountability for your behavior, that everything is okay, 
we're just going to put you over the zone?
  One of the problems with these zones is they're often where the 
homeless shelters are; they are often where the people that we have 
deinstitutionalized are. And they have seen a soaring of their 
addiction rates because we put these needles in places--although away 
from a school--they are just by the poorest people. But the people who 
are most vulnerable to seeing drug addiction for the first time, having 
free needles right there. And every society that has done this has also 
started to provide the free heroin. They are even now into providing 
free cocaine and free narcotics because they say, Well, the people 
won't go in. The lines are too long. That's the answer in Vancouver: 
``The lines are too long, so we're doing it out on the street anyway.'' 
As you get more and more packed in in the different areas, you have to 
put in additional sites or, in fact, unless you provide the narcotics 
in the safe area and then the government--in fact, the taxpayers--are 
funding a habit.
  We need to use this on drug treatment. We don't have enough dollars 
in drug treatment. We are, in fact, cutting back what prevention 
programs we do have. There is no longer a Safe and Drug-Free Schools 
Program. It is proposed to be zeroed out and changed to Safe Schools. 
The drug czar has been taken down from a cabinet post to just another 
consultant. I don't even know if he's really a czar anymore. We've been 
cutting drug funds in this Congress. The question is, Is there going to 
be a moral hazard in America? Or are we just going to create a bunch of 
people who we just write off and don't pay attention? Walker Percy 
wrote a great book called The Thanatos Syndrome where he talks about a 
drug-addicted society that no longer has free will. Are we going to 
have accountability in America or not? And are we going to fund this 
type of project?
  The CHAIR. The time of the gentleman has expired.
  Mr. OBEY. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, let me point out that the underlying language in this 
bill is, in fact, a compromise. It lifts the ban, but it does not 
permit Federal funds to be used for needle exchange programs that occur 
within 1,000 feet of a day care center, school, college or university, 
any public swimming pool, park,

[[Page H8782]]

playground, video arcade, or youth center or any events sponsored by 
any such entity.
  There is overwhelming evidence that syringe exchange programs when 
implemented as part of a comprehensive prevention strategy are an 
effective public health intervention for reducing HIV/AIDS and 
hepatitis and do not promote drug use.
  Now let me be clear. I detest illegal drug use. I think it 
constitutes a national security threat. It ruins lives. It causes 
crime. It gets us into wars against drugs in Colombia and Mexico; and 
in fact, it gets us into another war in Afghanistan because of poppy 
production. So I hate illegal drugs. But even more, I hate the spread 
of AIDS. There's overwhelming evidence that we can help stop the spread 
of AIDS by allowing needle exchange programs. They are endorsed by 
leading public health organizations, such as the Institute of Medicine, 
the World Health Organization, the American Academy of Pediatrics, the 
American Medical Association, the American Nurses Association, the 
American Public Health Association. They are endorsed by people such as 
Dr. Anthony Fauci, the Nation's leading fighter against AIDS; Thomas 
Frieden; former NIH Director Harold Varmus; former Surgeons General C. 
Everett Koop and David Satcher, who served under Republican and 
Democratic administrations. They are endorsed by people such as Captain 
Andrew Smith from the Los Angeles Police Department; Atlantic City 
Deputy Chief of Police Robert Schwartz; and San Francisco Chief of 
Police Frederick Lau.
  Let me make one other point. Every Member of Congress has access to 
decent primary health care; but we are going to put at risk a 
substantial number of people if we do not support this underlying 
committee amendment. I want to say something personal. If we lose this 
amendment, it is not going to be because a lot of people on this House 
floor really believe that this ban makes sense. It will be because many 
Members are concerned and fear a cheap-shot political 30-second ad that 
distorts their position, spreads half-truths and scares people. I 
understand that concern.
  The CHAIR. The time of the gentleman has expired.
  Mr. OBEY. I yield myself 1 additional minute.
  But for the good of the country, we are being paid to ignore that 
kind of pressure and simply do the right thing for the country. I ask 
every Member of the House to do the right thing because if you do, it 
will save lives. I ask them to vote ``no'' on the amendment.
  Ms. WATERS. Mr. Chair, I rise to oppose the Souder amendment, which 
prohibits funding needle exchange programs. Needle exchange programs 
are effective at preventing the spread of HIV/AIDS.
  There are over 1 million Americans living with HIV/AIDS in the United 
States today, and over 20 percent of them do not know they are 
infected. Every 9\1/2\ minutes, another person is infected with HIV. 
Last fall, the Centers for Disease Control and Prevention (CDC) 
released new estimates of HIV infection in the United States, which 
indicate that the HIV/AIDS epidemic is even worse than was previously 
thought. These new estimates indicate that approximately 56,300 new HIV 
infections occurred in the United States in 2006. This figure is 
approximately 40 percent higher than CDC's previous estimates of 40,000 
new infections per year.
  According to the CDC, 13 percent of new HIV infections in the United 
States occur among intravenous drug users. Needle exchange programs are 
an effective means of preventing HIV transmission among this 
population. Needle exchange programs save lives, reduce health care 
costs, and link intravenous drug users with substance abuse treatment 
programs that could end their addiction and allow them to live healthy 
and productive lives.
  The Souder amendment is opposed by AIDS Action, the HIV Medicine 
Association, The AIDS Institute, and several other organizations 
concerned about the spread of HIV/AIDS in our communities.
  I urge my colleagues to oppose the Souder amendment.
  Mr. OBEY. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Indiana (Mr. Souder).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. SOUDER. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Indiana will be postponed.


                  Amendment No. 3 Offered by Mr. Issa

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
House Report 111-222.
  Mr. ISSA. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Issa:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. 524. (a) None of the funds provided in this Act under 
     the heading ``National Institutes of Health--National 
     Institute on Drug Abuse'' shall be available for grant number 
     1R21DA026324-01A1 (Substance Use and HIV Risk among Thai 
     Women).
       (b) None of the funds provided in this Act under the 
     heading ``National Institutes of Health--National Institute 
     on Alcohol Abuse and Alcoholism'' shall be available for 
     grant number 1R01AA018090-01 (Venue-based HIV and alcohol use 
     risk reduction among female sex workers in China), or grant 
     number 5R01AA016059-03 (Maximizing Opportunity--HIV 
     Prevention in Hospitalized Russian Drinkers).

  The CHAIR. Pursuant to House Resolution 673, the gentleman from 
California (Mr. Issa) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. ISSA. Thank you, Mr. Chairman.
  My amendment does not reduce by one penny NIH funding at all. My 
amendment simply prohibits what is clearly becoming an endless stream 
of repeating and repeating and repeating and repeating studies of HIV 
at ever-greater cost. It deals with the $325,000 to research Thai sex 
workers who also use drugs. What a surprise. We've already gone into 
extensive legislation to deal with that criminal activity on a 
worldwide basis. It also deals with prostitutes in China and alcohol 
and drug users in Russia. We're simply looking at just $5 million over 
three grants.
  Mr. Chairman, I think when we look at this $5 million, we have to 
consider this: A flight to Bangkok is $9,000. A ride on BART across 
town is $3.10. On the government rate for less than $200, people who 
want to study the growth of HIV can come here to Washington, D.C., 
where we have a 25 percent rate. Mr. Chairman, we have studied this. As 
a matter of fact, we have studied HIV contraction from dangerous 
behavior, particularly drug and alcohol, over 200 times. We've studied 
HIV at the National Institutes of Health over 1,400 times. We've 
studied just about everything one could imagine. But just so that we 
not miss one, how about HIV Prevention with Young Men Who Have Sex with 
Men: What Young Men Themselves Say is Needed? This was the Medical 
College of Wisconsin. We have studied it all. We have studied it for 
decades. This money needs to be spent on more than just study. It has 
to be spent on prevention and cure.
  I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I ask unanimous consent to claim the time in 
opposition, though I am not opposed to the amendment.
  The CHAIR. Without objection, the gentleman from Wisconsin is 
recognized for 5 minutes.
  There was no objection.
  Mr. OBEY. Let me simply say that I'm perfectly happy to accept the 
amendment.
  I reserve the balance of my time, unless the gentleman is prepared to 
close.
  Mr. ISSA. I have just one speaker, and then I am prepared to close--
quickly.
  The CHAIR. The gentleman from California has the right to close.
  Mr. ISSA. Thank you.
  I will yield 45 seconds to the gentlelady from Kansas (Ms. Jenkins).
  Ms. JENKINS. Mr. Chairman, I have a provision in the Republican 
motion to recommit that will be discussed later this afternoon that I 
would like to bring to the body's attention. The need to provide 
Americans more choice, more affordability, and more access in health 
care is a belief we all share. Two towns in my district Onaga and 
Wamego, both small, rural communities, are facing the very real 
possibility of losing their hospital because growth in a town 45 miles 
away is jeopardizing their critical access funding. At a time when 
rural communities are

[[Page H8783]]

already faced with major challenges, any loss of health care access 
would be devastating. My provision will protect the critical access 
hospital designation, and I would ask the body for their support for 
the motion to recommit.
  Mr. OBEY. I yield back the balance of my time.
  Mr. ISSA. Mr. Chairman, never let it be said that Republicans can't 
take ``yes'' for an answer. I only wish that we had more amendments, 
allowing us to further refine the bill. With that, I thank the 
gentleman for agreeing to the amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from California (Mr. Issa).
  The amendment was agreed to.


                  Amendment No. 4 Offered by Mr. Pence

  The CHAIR. It is now in order to consider amendment No. 4 printed in 
House Report 111-222.
  Mr. PENCE. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Pence:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. 5__.  None of the funds made available under this Act 
     shall be available to Planned Parenthood for any purpose 
     under title X of the Public Health Services Act.

  The CHAIR. Pursuant to House Resolution 673, the gentleman from 
Indiana (Mr. Pence) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Indiana.
  Mr. PENCE. Mr. Chair, I yield myself 1 minute.
  I believe with all my heart that ending an innocent human life is 
morally wrong; but I also believe it's morally wrong to use the 
taxpayer dollars of millions of pro-life Americans to fund abortion 
providers. The Pence amendment before the House today simply states 
that none of the funds made available under this act shall be available 
for Planned Parenthood for any purpose under Title X. Title X is the 
only Federal grant program that provides Americans with comprehensive 
family planning and related preventive health services. It does 
important work in communities around the country.
  Now while I understand that current laws and regulations prevent 
Title X funds from flowing directly to funding abortions, today the 
largest recipient of Federal funding under Title X is Planned 
Parenthood, and they're well able to use the resources they receive 
from taxpayers to offset the resources and free up resources to engage 
in the abortion trade, which they boast last year over 300,000 
abortions performed. Planned Parenthood, the largest abortion provider 
in America, should not be the largest recipient of Federal funding 
under Title X. I urge my colleagues in both parties to join me in 
supporting the Pence amendment. The time has come to deny all Federal 
funding to Planned Parenthood of America, and the Pence amendment would 
do that.
  I reserve the balance of my time.
  Mr. OBEY. I rise to claim the time in opposition.
  The CHAIR. The gentleman from Wisconsin is recognized for 5 minutes.
  Mr. OBEY. I reserve the balance of my time.
  Mr. PENCE. With that, I would like to yield 1 minute to the 
gentlelady from Ohio (Mrs. Schmidt).
  Mrs. SCHMIDT. Mr. Chair, I rise today in strong support of the Pence 
amendment. Recent polls indicate that a majority of Americans are 
opposed to paying for abortions through their tax dollars. This 
amendment offered by Mr. Pence simply brings the Federal family 
planning funds in line with the sentiment of the majority of Americans. 
From 2007 to 2008, Planned Parenthood, our Nation's largest abortion 
provider, received almost $350 million of our American taxpayer 
dollars. The fiction that we try to create when we say that these funds 
are not directly going for abortion is disingenuous at best.
  I urge my colleagues to support the Pence amendment today and deny 
Title X funds for Planned Parenthood.

                              {time}  1315

  Mr. OBEY. I reserve the balance of my time.
  Mr. PENCE. Mr. Chairman, could I inquire as to whether the 
distinguished chairman of the Appropriations Committee has any speakers 
on this amendment?
  Mr. OBEY. Just one; me.
  Mr. PENCE. With that, Mr. Chairman, I would like to clarify with my 
good friend from Wisconsin that the author of the amendment would like 
to reserve the right to close?
  Mr. OBEY. No. I have the right to close.
  The CHAIR. The gentleman from Wisconsin has the right to close.
  Mr. PENCE. Mr. Chairman, with that, I would like to recognize the 
distinguished Member, Mr. Cao, for 1 minute.
  (Mr. CAO asked and was given permission to revise and extend his 
remarks.)
  Mr. CAO. Mr. Chairman, I rise today in strong support of the Pence 
amendment because I am very concerned about the prospect of taxpayer 
dollars of hardworking families across this country going to fund an 
institution like Planned Parenthood. We need to look no further than to 
the comments of Planned Parenthood founder Margaret Sanger to see how 
controversial this organization is. She said, ``We want fewer and 
better children, and we cannot make the social life and the world peace 
we are determined to make with the ill-bred, ill-trained swarms of 
inferior citizens that you inflict on us.''
  Yesterday, while we debated on this amendment in the Rules Committee, 
my friend and colleague Pete Sessions shared a heartfelt story that 
deeply touched and inspired me. As many of us know, Pete's son has Down 
syndrome. He and his wife could have chosen the easy way out by 
terminating the life of his son while he was still in the womb, but 
they courageously chose to give his son life, and through this life 
have instilled and inspired hope in the lives of others. The same 
profile in courage is reflected in my mother who single-handedly raised 
eight children in the midst of war and poverty.
  The CHAIR. The time of the gentleman has expired.
  Mr. CAO. With that, I urge my colleagues to vote ``yes'' on this 
amendment.
  The CHAIR. The gentleman from Indiana has 2 minutes remaining. The 
gentleman from Wisconsin has 5 minutes remaining and the right to 
close.
  Mr. PENCE. Mr. Chairman, it is my privilege to recognize for 1 minute 
the distinguished Republican whip, Mr. Cantor, from Virginia.
  Mr. CANTOR. I thank the gentleman from Indiana.
  Thomas Jefferson warned that, ``To compel a man to subsidize with his 
taxes the propagation of ideas which he disbelieves and abhors is 
sinful and tyrannical.'' Mr. Chairman, I rise in support of this 
amendment as the underlying legislation embodies the very action 
Jefferson cautioned against.
  About 7 out of 10 Americans oppose public funding of abortion; yet 
this bill defies their moral concerns by funding groups like Planned 
Parenthood, the single largest abortion provider in America. Planned 
Parenthood performs over 300,000 abortions per year while receiving 
$350 million in taxpayer dollars annually.
  The gentleman from Indiana's amendment does not reduce overall funds 
for family planning services. It merely ensures that no taxpayer 
dollars are used to fund entities that conduct abortions. It is a 
reasonable approach, Mr. Chairman, and I urge my colleagues to support 
this amendment.
  Mr. PENCE. Mr. Chairman, I will close, and I yield myself such time 
as I may consume.
  The Pence amendment simply states that ``none of the funds made 
available under this act are available to Planned Parenthood for any 
purpose under Title X.'' That's all it does. The Pence amendment does 
not cut one penny from Title X. It merely prohibits those funds from 
flowing into the largest abortion provider in America.
  The Pence amendment is endorsed by National Right to Life Committee 
and a score of other organizations representing traditional values. We 
cannot reduce the number of abortions in America while increasing 
Federal funding to the Nation's leading abortion provider. The largest 
abortion provider in America should not also be the largest recipient 
of Federal funding under Title X. The time has come to deny all Federal 
funding to Planned Parenthood.

[[Page H8784]]

  I urge my colleagues in both parties to join us in supporting this 
sensible amendment. Let's choose life. Let's defend the defenseless. 
Let us defend taxpayers. I urge adoption of the Pence amendment.
  I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, Title X is America's family planning program. It 
provides comprehensive family planning services and a wide variety of 
other preventive care, including breast exams and instruction on breast 
self-examination, Pap tests, screening and appropriate treatment for 
sexually transmitted infections, HIV screening, et cetera, et cetera, 
et cetera.
  This amendment gratuitously blocks Planned Parenthood clinics from 
receiving Title X funding. Those clinics provide important health care 
access to low-income uninsured patients, 5 million women in 4,500 
clinics nationwide. The breast cancer screenings and the well-mother 
exams they receive may be the only health care they get all year.
  If Planned Parenthood clinics are forced to close, these women may 
have to forgo critical care because they will lack a single provider 
providing Title X family planning funding, and this amendment would 
only make matters worse.
  Now, if this amendment is intended to stop abortions, it has no 
impact whatsoever. Title X statutes forbid the use of funding for 
abortions, and this bill appropriates no funds whatsoever for 
abortions. Our bill includes the traditional Hyde language, prohibiting 
funds in the act from being used to support abortions. And it reads, in 
part: `` Projects under such title shall not be expended for abortions, 
all pregnancy counseling shall be nondirective, and that such amounts 
shall not be expended for any activity, including publication or 
distribution of literature that in any way tends to promote public 
support or opposition to any legislative proposal or candidates for 
public office''. And I repeat again, no funds flow for abortions, none 
whatsoever.
  Planned Parenthood plays a central role in expanding access to care 
under Title X. Planned Parenthood is the Nation's leading reproductive 
health care provider. For over 90 years, Planned Parenthood has 
provided low-income uninsured women with the vital reproductive health 
care services they need.
  I want to make one other point. Every Member of Congress has access 
to decent primary care. The Pence amendment would cut millions of 
American women off from their source of primary care. If Members want 
to do that, go ahead and vote that way. Not me. Not me and not any 
Member of the House, I believe, who understands the true needs of 
American women.
  Mr. HOLT. Mr. Chair, I rise in opposition to the Amendment offered by 
my colleague from Indiana, Mr. Pence, to the Fiscal Year 2010 Labor, 
Health and Human Services, and Education Appropriations Bill.
  I have long been a supporter of Planned Parenthood and the services 
it offers to my Central New Jersey constituents. Mr. Pence's purely 
political amendment would deny funds under Title X of the Public Health 
Services Act to Planned Parenthood health facilities throughout the 
country. It would cut these women off from their source of primary 
care. At a time when more and more women and families are facing 
difficulties in accessing health care due to a provider shortage in 
this county, Congress should be doing everything we can to ensure that 
women have access to a trusted health care provider.
  This should not be an anti-choice or pro-choice debate about one of 
the many services that Planned Parenthood provides. This amendment 
would have no effect on abortion services in our country. According to 
Federal statute, no money from Title X can be used for abortion 
services. Title X makes grants to public and private nonprofit 
organizations to provide family planning and basic reproductive health 
care information and services to low-income women. The Pence amendment 
would deny essential family planning services to the 5 million 
Americans that Planned Parenthood serves annually, including the 89,000 
men and women in New Jersey.
  This debate should be about prevention. It should be about continuing 
to provide women with the necessary tools for prevention, including 
contraception and education. It should be about protecting women's 
health by providing women with access to reproductive health care. We 
all should be able to agree that we would like to see fewer abortions 
performed in this country, and comprehensive family planning services 
that Planned Parenthood provides are a proven means to accomplish that. 
Title X has proven to be effective and prevents 1 million unwanted 
pregnancies each year. Planned Parenthood, as the Nation's oldest and 
largest family planning provider, is responsible for preventing 60 
percent of unwanted pregnancies, approximately 631,000 unwanted 
pregnancies annually.
  Planned Parenthood's 841 affiliates make up 13 percent of all Title X 
providers and provide 1.7 million women with reproductive health care 
services under title X each year. 63 percent of these patients receive 
reproductive health care services and 37 percent receive family 
planning services.
  Cutting Title X funding to Planned Parenthood is nothing short of 
irresponsible. The low income women who are served through Title X are 
four times more likely to face an unintended pregnancy. As a safety net 
provider, Planned Parenthood plays a critical role in serving these 
women. We should not act to prevent women from getting the reproductive 
health care they need. I urge my colleagues oppose the Pence amendment.
  Ms. TSONGAS. Mr. Chair, I stand in opposition to the Pence amendment, 
which would prevent thousands of low-income women from receiving 
critical women's health services.
  At a time when Congress is trying make sure every American has access 
to affordable, critical health care services, this amendment goes 
against our attempts to reform a broken health care system.
  Planned Parenthood is one of the nation's leading women's health care 
providers.
  In my home state of Massachusetts, Planned Parenthood serves more 
than 36,000 patients, most of them in need of basic health care.
  This includes nearly 5,000 pap tests and breast exams.
  They provide affordable contraception, STD testing and treatment, 
anemia testing, cholesterol and thyroid screening.
  With 47 million Americans uninsured, we need clinics like Planned 
Parenthood. Low-income women are currently four times more likely to 
face an unintended pregnancy.
  We should do everything we can to try to reduce the number of 
unintended pregnancies in America through common-sense measures.
  None of the funds in this bill can be used for abortions, and clinics 
that receive them have to show that federal funds are not used for the 
procedure.
  In fact, 97 percent of the health care that Planned Parenthood 
provides is primary and preventive.
  If this amendment were to pass, millions of women all across the 
country would have nowhere else to turn for quality, preventive health 
care.
  I urge a ``no'' vote on this amendment.
  Ms. SLAUGHTER. Mr. Chair, I rise today in opposition to Mr. Pence's 
amendment. Pursuant to Federal Statute, no Title X funds can be spent 
on abortions. So the only conclusion to be drawn from the offering of 
this amendment is that Mr. Pence is attempting to use propaganda based 
on hypocrisy to wage war on family planning services. Mr. Pence's 
amendment would cut off 1.7 million women--more than one in three women 
who receive Title X services--from their trusted, family planning 
provider.
  Multitudes of poor and low-income women cannot afford to purchase 
contraceptive services and supplies on their own. Half of all women who 
are sexually active, but do not want to get pregnant, need publicly 
funded services to help them access public health programs like 
Medicaid and Title X.
  Low-income women are currently four times more likely to face an 
unintended pregnancy. 84 percent of Title X clients have incomes below 
150 percent of the federal poverty level, and 61 percent are uninsured. 
That is why for most women, including women who want to have children, 
contraception is not an option; it is a basic health care necessity. 
Each year, publicly funded family planning services help women to 
prevent an estimated one million unplanned pregnancies and 630,000 
abortions.
  From a public health standpoint, Title X family planning clinics are 
often the primary health care provider for low income women.
  The Title X program provides comprehensive family planning services 
as well as a wide range of other preventive health care services, 
including breast exams and instruction on breast self-examination, Pap 
tests for early detection of cervical cancer or precancerous 
conditions, testing for high blood pressure, screening and appropriate 
treatment for sexually transmitted infections, HIV screening, 
counseling on adoption, foster care, and pregnancy termination and 
referrals to specialized health care.
  In these tough economic times it is hard to understand why Mr. Pence 
would want to yet again launch an assault on public health care for low 
income women and families. I strongly urge my colleagues to put public 
health ahead of politics and vote ``no'' on Mr. Pence's harmful 
amendment.
  Mr. NADLER of New York. Mr. Chair, I rise today in opposition to the 
amendment offered

[[Page H8785]]

by my colleague, Representative Mike Pence, which would prohibit 
Planned Parenthood from receiving Title X family planning funds.
  For many women and men, the area Planned Parenthood is their only 
source of health care. In my home state of New York, more than 30 
percent of Title X providers are Planned Parenthood health centers. 
Planned Parenthood is an essential community health provider, acting as 
a source of primary care for thousands of women and men. In addition to 
providing routine gynecological exams, cervical cancer screenings and 
breast exams, Planned Parenthood clinics also offer anemia testing, 
cholesterol screening, diabetes screening, employment and sports 
physicals, high blood pressure screening, physical examinations, 
smoking cessation, thyroid screening, adoptive services, prenatal 
services, and childbirth classes.
  Despite the important role that Planned Parenthood plays in the 
health care delivery system in communities across the country, the 
Pence amendment would single out Planned Parenthood and prohibit it 
from receiving Title X funding for one reason--because, in addition to 
the multitude of other health services they offer for women and men, 
Planned Parenthood also offers abortion services--services that are 
lawful and constitutionally protected, and which are NOT paid for with 
a single federal tax dollar.
  Mr. Chair, at its heart, the Pence amendment seeks to punish a single 
health care entity for providing a lawful, constitutionally protected 
service. Put another way, the Pence amendment hopes to force Planned 
Parenthood to abandon the exercise of a lawful act, which is 
inextricably and critically tied to a woman's constitutional right to 
reproductive services. This amendment--in addition to being misguided 
and mean-spirited--is suspect, at best, and is an unconstitutional 
condition, at worst.
  Mr. Chair, I urge my colleagues to vote ``no'' on the Pence 
amendment.
  Ms. LEE of California. Mr. Chair, I rise in strong opposition to this 
amendment.
  Planned Parenthood provides critical health care services to women 
throughout this country, and in many places they are the only provider 
of family planning and reproductive health services.
  An attack on Planned Parenthood is a direct attack on the 1.7 million 
women in this country who receive family planning service through this 
trusted provider.
  The simple fact is that the federal government is specifically 
prohibited from providing support for abortions in this country--
although I believe we've got to get rid of this prohibition.
  Planned Parenthood has never violated the restriction on federal 
funding, and has taken great pains to separate its funding streams--
however burdensome and unnecessary this really is--to ensure that it 
complies with federal law.
  Denying funding to Planned Parenthood will deny critical health 
services to millions of women around the country and drive up the rate 
of unintended pregnancies for those who lose access to family planning 
programs.
  Let's reject this ideologically driven amendment and support the 
rights of women to access the health services they need.
  Mr. HODES. Mr. Chair, I congratulate Chairman Obey and the Ranking 
Member on all of their work on this important appropriations bill.
  I rise in opposition to the amendment offered by Mr. Pence.
  This amendment is an attack not only on Planned Parenthood but an 
attack on women's health.
  A grocery store clerk in my district recently described her 
difficulties with her extremely limited health insurance. It did not 
provide for preventative coverage. She had not received a routine 
health screening in more than 18 years when her cancer was discovered.
  If services like those provided by Planned Parenthood and other 
family planning health centers had been available to this woman, her 
cancer would have been caught earlier. She might have avoided the 
radical--and expensive--treatment that was the only option left to her 
by the time she made it to the doctor.
  In New Hampshire, Planned Parenthood does more than any other 
organization to reduce the number of unintended pregnancies, serving 
over 18,400 patients a year.
  In my home state, Planned Parenthood is a trusted provider of high 
quality affordable health care. In fact, more than 90 percent of 
services provided at Planned Parenthood are for preventive and primary 
health care.
  We should be doing more to strengthen the Title X programs, and 
reduce the number of unintended pregnancies in this country. Planned 
Parenthood is the biggest provider of Title X services in New 
Hampshire, serving over 63 percent of the women who need these 
services.
  The proposed amendment would severely reduce access to family 
planning services for more than 60 percent of women in New Hampshire, 
and reduce access to primary health care for women across the country.
  Planned Parenthood should be commended for the work they do every 
day, helping millions of women and their families get preventive care 
they need. If it were not for Planned Parenthood, thousands of women in 
my state would not get the basic health care they need.
  I urge a ``no'' vote on this amendment.
  Mr. CARSON of Indiana. Mr. Chair, I respectfully oppose the Pence 
amendment to defund Planned Parenthood.
  Planned Parenthood plays a vital and important role in my home state 
of Indiana. In Indiana, Planned Parenthood serves over 94,000 patients 
a year. Of those, more than 25,000 women are served through Title X, 
that's over half of all the women served by the program in our state. 
In my district, Planned Parenthood is an integral part of the patchwork 
of safety net providers, which includes county health departments, free 
standing clinics, and women's health centers.
  The simple fact is that we are in the middle of a health care crisis 
and Planned Parenthood is part of the solution to this crisis. One out 
of three women, 1.7 million, who receives Title X family planning 
health care does so at a Planned Parenthood health center. Planned 
Parenthood affiliates serve a diverse range of women and men throughout 
their lifetimes, providing family planning and other reproductive 
health care.
  Planned Parenthood health centers are working daily to provide 
quality, preventive health services. Planned Parenthood runs over 880 
non-profit health centers in communities where there are limited 
affordable, quality health care options. In fact seventy-five percent 
of Planned Parenthood's patients live under 150% of the federal poverty 
level. Planned Parenthood provides options counseling for patients 
facing unintended pregnancies, preventive services including birth 
control, screening for cervical and breast cancer screenings, 
immunizations to prevent cervical cancer and sexually transmitted 
infection testing and treatment, education and information.
  If it were not for Planned Parenthood, thousands of women in my state 
would not get basic health care at all. That's why I support Planned 
Parenthood, and oppose the Pence amendment.
  Mr. OBEY. I yield back the balance of my time. I urge opposition to 
the amendment.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Indiana (Mr. Pence).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. PENCE. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Indiana will be postponed.


                 Amendment No. 5 Offered by Mr. Wittman

  The CHAIR. It is now in order to consider amendment No. 5 printed in 
House Report 111-222.
  Mr. WITTMAN. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Wittman:
       At the end of the bill, before the short title, insert the 
     following:
       Sec. 524.  Appropriations made in this Act are hereby 
     reduced in the amount of $803,270,000.

  The CHAIR. Pursuant to House Resolution 673, the gentleman from 
Virginia (Mr. Wittman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. WITTMAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, my amendment is simple. It would cut spending in the 
bill across the board by one-half of 1 percent. While this 
appropriations bill funds critical national priorities such as research 
at the National Institutes of Health, pandemic flu preparedness, and 
job training programs, the underlying bill provides $730.5 billion, 
making it the largest of 12 appropriations bills.
  The total is $59.4 billion, that is 9 percent, more than the regular 
fiscal year 2009 appropriations, and $1.9 billion more than that 
requested by the President. It also includes $163.4 billion in 
discretionary spending, which is $11.15 billion, or 7 percent, over 
last year's level.
  I do not question the value of many of the programs funded by this 
bill. This bill funds programs that are critical to my district, like 
Impact AID, community health centers, the TRIO program, and nurse 
training and career technical education, but I offer this

[[Page H8786]]

amendment because our Nation cannot continue on this path of deficit 
spending without serious, negative, long-term consequences.
  Among the various appropriations bills, this bill is typically the 
largest single source of discretionary funds for domestic Federal 
programs. It represents a 12.8 percent increase in spending over the 
level we were operating under in fiscal year 2008 less than 1 year ago. 
And while I travel around my district and talk to constituents, their 
greatest concern is spending. It's hard to explain to a family that has 
had to make tough choices about their own spending that Washington 
can't make the same tough choices.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. I claim the time in opposition.
  The CHAIR. The gentleman from Wisconsin is recognized for 5 minutes.
  Mr. OBEY. I reserve the balance of my time.
  The CHAIR. The gentleman from Wisconsin is reserving his right to 
close. The gentleman from Virginia has 3\1/2\ minutes remaining.
  Mr. WITTMAN. I yield 1 minute to the gentleman from Kansas (Mr. 
Tiahrt).
  Mr. TIAHRT. I thank the gentleman from Virginia.
  Mr. Chairman, this is really a pretty straightforward amendment, but 
I want to put it in perspective. This bill is a 7 percent increase over 
last year's funding. The gentleman from Virginia is merely asking for a 
half of a percent reduction in something that is already increased by 7 
percent. When you include what was allocated in the stimulus bill for 
these very same agencies, it is a 93 percent increase. So when you look 
at it in total, we are merely scratching the surface by having some 
common sense brought into the amount of money being spent.
  Now, this doesn't eliminate any programs. This doesn't put anybody in 
a hardship. This simply says that rather than having 93 percent in 
total increase for this funding, that we are going to reduce it by a 
total of $11.15 billion. Now, this is $11.15 billion that we will not 
have to borrow and that our children will not have to pay back. This is 
money that we will not be obligated to return to the people in China.
  So this is a commonsense amendment. I urge its adoption.
  Mr. WITTMAN. Mr. Chairman, I would like to thank the gentleman from 
Kansas. Mr. Chairman, I yield myself the balance of the time.
  Mr. Chairman, for the past couple of months, we have been passing 
spending bills with double-digit increases year over year, and these 
are unacceptable increases in spending. Already, there have been 
mentions of tax increases that will be necessary to maintain this level 
of spending. Imagine that for a moment, tax increases in the name of 
fiscal responsibility.
  The administration projects that the budget deficit will reach $1.8 
trillion in 2009 compared to $455 billion in 2008. This represents 3.2 
percent of our gross domestic product, up from $161 billion, or 1.2 
percent of GDP, in fiscal year 2007. As a share of GDP, this will be 
the largest deficit since World War II. For fiscal year 2009, we have a 
$2 trillion deficit. Between fiscal year 2010 and fiscal year 2019, the 
Congressional Budget Office estimates cumulative deficits could reach 
as high as $10 trillion.
  A few other signs that we are in dangerous territory when it comes to 
the Nation's economic security are this Congress raised the statutory 
debt limit from $11.315 trillion to $12.04 trillion in the American 
Recovery and Reinvestment Act earlier this year, and together China and 
Japan hold almost 41 percent of our foreign-held debt, which is 27.8 
percent of the gross Federal debt.
  The question then becomes, how and when do we slow the growth? When 
do we make the tough decisions on spending? This amendment is an 
opportunity to show that this Congress wants to make responsible 
decisions on spending and to achieve fiscal discipline.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I reserve my time.
  Mr. WITTMAN. Mr. Chairman, I recognize the gentleman from Georgia 
(Mr. Broun) for 1 minute.
  Mr. BROUN of Georgia. I thank the gentleman for yielding.
  Mr. Chairman, I'm pleased to see that finally after 10 appropriations 
bills under closed rules, the Democratic majority has finally seen fit 
to allow this sensible cost-reduction amendment. The underlying bill 
increases the funding for the Departments of Labor, Health and Human 
Services and Education by 25 percent.

                              {time}  1330

  Mr. Chairman, isn't a 24\1/2\ percent increase over last year enough? 
Is the Department of Labor really going to feel the effects of this 
modest amendment? We're only talking about reducing their increase for 
half a penny for every dollar that the agency spends. The American 
people are feeling the squeeze of this economy and, to date, Congress 
has done nothing to ease their burdens or address their frustrations. 
This modest reduction, Mr. Chairman, however small, is an important 
step. So I urge my colleagues to vote ``yes'' on this amendment.
  Mr. WITTMAN. Mr. Chairman, this is a good amendment, and it puts us 
back on the path of fiscal discipline, and I urge my colleagues to 
support it.
  I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield to the gentlewoman from Texas (Ms. 
Jackson-Lee) for a unanimous consent request.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Because this bill does have the right 
priorities for HBCUs and Ryan White treatment dollars and teen 
pregnancy, I support this legislation and the priorities of this 
committee.
  Mr. Chair, I stand here today to express my support for H.R. 3293 the 
Labor, Health and Human Services and Education Appropriation Act of 
2010. With an emphasis on job training, increased educational 
opportunities and the implementation of health and social safety nets, 
H.R. 3293 ensures that we will be able to effectively rise up out of 
the ashes of what has been categorized as the longest and deepest 
economic downturn since the Great Depression. The national economic 
crisis has begun to infiltrate every corner of this country, and my 
home State of Texas is no exception.
  In Texas, unemployment has climbed to a staggering 7.6 percent, and 
in my own district of Houston, unemployment has risen to an 
unprecedented 6.4 percent. In January 2009, it was documented that 
Texas experienced an extensive job loss of 75,800 nonagricultural jobs. 
Accordingly, I am taking every possible measure to help the people of 
Houston, right down to hosting a comprehensive job fair for the people 
of my district this coming weekend. While States across the country 
reduce vital services, including those services that provide aid to the 
most vulnerable among us, we must make every legislative effort to 
remedy the negative and wide sweeping impact of this most devastating 
recession.
  To tackle unemployment, joblessness and disparity, we must address 
the roots of the problem head-on. We need to invest our resources in 
the people of this country, and H.R. 3293 provides much needed 
assistance to do just that. The FY 2010 Labor, HHS, Education 
Appropriations Bill is legislation that makes the necessary investments 
in our Nation's greatest treasure, our future.


                    Increasing Funding for Education

  Increasing educational opportunities for students of every level, 
from every socio-economic background throughout our Nation will yield 
the greatest return on our investment. Providing access to educational 
opportunities is critical to the Nation's long term prosperity. H.R. 
3293 will make the necessary investments to provide children with a 
21st century education, will provide the resources to modernize our 
schools and colleges, and will provide funding to make college more 
affordable.
  Just as I supported past legislation like H.R. 3081, the American 
Recovery and Reinvestment Act of 2009, which placed a premium on 
providing funding for and lending institutional support to our 
Historical Black Colleges and Universities, HBCUs, and Predominantly 
Black Institutions, PBIs, H.R. 3293 also provides a comprehensive 
fiscal plan for 2010 to ensure that adequate funding is allocated to 
our HBCUs and PBIs.
  HBCUs and PBIs as defined in the Higher Education Act of 1965, as 
amended, HEA, as the following: A historically Black college or 
university is an institution of higher education established prior to 
1964, whose principal mission was, and is, the education of Black 
Americans, and that is accredited by a nationally recognized 
accrediting agency or association determined by the Secretary to be a 
reliable authority as to the quality of training offered or is, 
according to such an agency or association, making reasonable progress 
toward accreditation. Historically Black colleges or universities also 
include any branch campus of a

[[Page H8787]]

southern institution of higher education that prior to September 30, 
1986, received a grant as an institution with special needs under HEA 
Section 321 and was formally recognized by the National Center for 
Education Statistics as a Historically Black College or University.
  Predominantly Black Institutions are defined in HEA Section 318. 
These institutions meet basic eligibility under Title III, Section 
312(b) and serve at least 40 percent Black American students. Basic 
eligibility under Title III, Section 312(b) of the HEA is met by 
institutions that: have low educational and general expenditures, E, 
or seek a waiver by submitting evidence that is both persuasive and 
compelling to have this requirement waived; have a requisite enrollment 
of needy students; are legally authorized within their respective State 
to award bachelors degrees or are a community college; and are 
accredited by a nationally or State recognized accrediting agency.
  An institution is considered to have met the enrollment of needy 
students criterion if (1) at least 50 percent of its degree-seeking 
students receive financial assistance under one or more of the 
following programs: Federal Pell Grant Program, Federal Supplemental 
Educational Opportunity Grant Program, Federal Work-Study Program and/
or the Federal Perkins Loan Program or (2) the percentage of its 
undergraduate degree-seeking students who were enrolled at least 
halftime and received a Federal Pell grant met or exceeded the average 
for similar institutions.

  We must invest in our Nation's Historically Black Colleges and 
Universities, HBCUs, and other Minority Serving Institutions. A digital 
disparity between HBCU campuses and their counterparts currently 
exists. There is a significant need among HBCUs to update technological 
equipment and to develop advanced and cutting edge educational and 
technological opportunities for students. In the face of the adversity 
that outdated technology poses, HBCUs continue to generate thousands of 
African-American graduates who are prepared to compete in and 
contribute to our global economy. HBCUs represent 9 of the top 10 
colleges that graduate the most African-Americans who go on to earn 
Ph.D.s. HBCUs and PBIs continue to provide opportunity and advancement 
to African-American students, and therefore are worthy of federal 
support.
  Accordingly, this bill provides $653 million to strengthen the 
capacity of HBCUs and PBIs, Hispanic-serving Institutions, Tribal 
Colleges and Universities and Native American-serving Institutions, 
Asian Pacific Islander, and Native American Institutions. This is $110 
million over the President's request and $146 million over 2009. 
Additionally, H.R. 3293 provides for $178 million new loan guarantees 
for HBCUs and University facilities, which is nearly triple that of the 
2009 level. As a Representative from the 18th Congressional District of 
Texas, I know firsthand that this will enable HBCUs like Texas Southern 
University in my district and Prairie View A University just outside 
of my district to thrive.
  H.R. 3293 also provides an investment of $15.9 billion for Title I 
Education for the Disadvantaged Children Account, which will provide 
much needed support to underprivileged children in grades K through 12, 
and will give hope to the low income families in my district in 
Houston, that their children will receive quality education. This 
funding also places an emphasis on early childhood and family literacy 
programs. Furthermore, the bill provides $446 million for a Teacher 
Incentive Fund, which supports school districts and States that aim to 
reward effective teaching through compensation systems that reward 
entire high-need schools on the basis of increasing student 
achievement.


                               Green Jobs

  Finally, this bill provides the necessary funding for increased 
employment opportunities and job training. H.R. 3293 appropriates $50 
million, the same as the President's request, to prepare workers for 
careers in energy efficiency and renewable energy. This new 
administration initiative will support pre-apprenticeship programs and 
new careers for more than 8,000 workers in emerging green industries. 
In the tradition of our new administration, this Congress understands 
the energy concerns of the American people and we continue to work to 
ensure this Nation moves in a new direction to achieve energy 
independence and energy security.
  I have long been a proponent of green education. For example, during 
the 110th Congress, I successfully offered amendments to the 
Comprehensive Energy Independence bill that was introduced late last 
year and voted out of the House.
  Specifically, I have offered past amendments that would provide 
scholarships for post-secondary study in ethanol, wind, solar energy, 
and other green alternatives to petroleum. I have also offered an 
amendment to establish Energy Centers of Excellence, which would 
provide a consortium of Historically Black Colleges and Universities, 
HBCUs, Hispanic serving institutions, tribal universities, and majority 
serving institutions to develop curriculum and programs in green 
energy. Moreover, my amendments provided scholarships, and academic 
opportunities for minorities to study green energy. Thus, I have long 
been a proponent of the type of education and job provisions that this 
bill requires.
  Indeed, I count myself as one on the forefront of this cause. As a 
representative of the 18th Congressional District of Texas, which 
includes the energy capital of the world, Houston, I am especially 
pleased to support this bill. This bill fosters education and increased 
job opportunity in green energy, which increasingly is becoming a 
viable alternative to petroleum.
  Today, we as a global community must take the time out to appreciate 
the natural resources our planet has provided. It is also a day where 
we must better examine energy alternatives to carry forth the 
advancement of mankind and the preservation of the world at large. I 
have long been a proponent of green jobs, as evidenced in my support of 
H.R. 957, the Green Energy Education Act of 2009, which provided an 
opportunity to learn about the positive actions that we as a Nation can 
take to improve energy efficiency; to develop safe, renewable energy 
sources; to design goods that are durable, reusable, and recyclable; 
and to eliminate the production of harmful waste, while protecting our 
environment and encouraging sustainable development throughout the 
world.
  H.R. 957 empowered leading authorities to teach and conduct the 
necessary research on energy consumption throughout our Nation. The 
research and studies are highly detailed, and carefully constructed to 
be statistically representative of the entire population, and are 
indicative of the indispensable analysis and policy planning required 
to execute a comprehensive green initiative. By providing the necessary 
funding to implement green research programs and new green job 
opportunities, policy planners will be in a position to better identify 
the highest-value energy efficient methods to decrease our dependency 
on foreign fuel.
  Along with rising gas prices, weak economic growth, continued 
environmental warnings and scientific studies pointing to global 
warming, many Americans continue to worry about the state of energy 
security in the world. Adding green space in urban areas, investing in 
alternative energy, and ensuring our participation in the conservation 
of our planet's resources are just some ways that we can preserve our 
wonderful planet, and plan for our future. We now turn to our Federal 
Government to provide us with the resources to do so. I urge my 
colleagues today to pass this critical piece of legislation, as our 
Nation's long-term prosperity hangs in the balance.
  Mr. OBEY. Mr. Chairman, I rise in strong opposition to this amendment 
which would cut $803 million out of important investments in this bill. 
Let me point out a few facts. First of all, as I said earlier, the 
Appropriations Committee allocation has already cut a total of $10 
billion from the President's discretionary spending request, and this 
bill cuts $52 million from that same request.
  This bill, on a comparable basis, is 3.6 percent above the 2009 
limit. That is hardly runaway spending. Furthermore, when you look at 
program lines, you will see that this bill makes hard choices to 
terminate programs that are not working, with $1.3 billion in cuts to 
individual programs below the 2009 level. The bill terminates or cuts 
44 programs. The largest single program increase is for the Social 
Security Administration, effectively one fourth of the bill's entire 
increase for 2009.
  With dramatically rising retirement and disability claims facing the 
agency, nobody would argue that those funds are wasteful. After 
accounting for the SSA increase, this bill is 1.7 percent above for the 
rest of the bill, meaning, in real dollar terms, after inflation, it is 
an increase of .3 percent. That is hardly being spendthrift.
  If this amendment is adopted, I would point out two problems. First 
of all, it makes no real spending decisions. It leaves all of that in 
the hands of the President of the United States. It allows the 
President to determine this funding level for every single account in 
this bill. I don't think this Congress should be a rubber stamp for any 
President.
  And, then, I think we ought to look at what the implications are for 
programs in this bill. Applied to the National Institutes of Health, 
this cut would wipe out more than 900 new research grants and eliminate 
inflation adjustments for 36,000 new and existing research grants 
undermining efforts to treat cancer, Parkinson's, diabetes and

[[Page H8788]]

other deadly diseases. Applied to community health centers, nearly 1.3 
million people could see their health care services reduced or 
eliminated. Applied to special education, IDEA funding would be cut by 
7 percent below the 2009 level. Applied to Pell Grants, 7.6 million 
students could see their grants reduced and the maximum Pell award cut 
by approximately $135.
  Applied to LIHEAP, it would reduce the number of households served by 
over 900,000. Applied to senior nutrition, it would eliminate nearly 
240 million meals to 2.5 million vulnerable Americans. Applied to Head 
Start, over 50,000 low-income children would be denied comprehensive 
early childhood development services. Applied to the Child Care Block 
Grant, child care services for over 270,000 low-income families would 
be eliminated. And applied to the Job Corps, it would deliver a more 
than 50 percent cut to Job Corps centers.
  With all due respect, I don't think anybody on this side of the aisle 
needs to hear a lecture about deficits. I have opposed the Bush 
policies, both economic and war policies, which led to the unraveling 
of the budget, which led to a huge amount of debt and which led to the 
collapse of the economy. I don't think we need more of that kind of 
medicine.
  I urge a ``no'' vote on this amendment and yield back the balance of 
my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Virginia (Mr. Wittman).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. WITTMAN. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Virginia will be postponed.


                       Announcement by the Chair

  The CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now 
resume on those amendments printed in House Report 111-222 on which 
further proceedings were postponed, in the following order:
  Amendment No. 1 by Mr. Obey of Wisconsin;
  Amendment No. 2 by Mr. Souder of Indiana;
  Amendment No. 4 by Mr. Pence of Indiana;
  Amendment No. 5 by Mr. Wittman of Virginia.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                  Amendment No. 1 Offered by Mr. Obey

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Wisconsin (Mr. Obey) on 
which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 284, 
noes 137, not voting 18, as follows:

                             [Roll No. 641]

                               AYES--284

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Burgess
     Butterfield
     Buyer
     Camp
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Fudge
     Garrett (NJ)
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McCotter
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (MI)
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--137

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Calvert
     Campbell
     Cantor
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Fallin
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kline (MN)
     Lamborn
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Pence
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Barrett (SC)
     Bishop (UT)
     Boehner
     Capito
     Clarke
     Conyers
     Dahlkemper
     Emerson
     Kingston
     Latham
     McCarthy (NY)
     McHugh
     Miller, George
     Norton
     Paul
     Pierluisi
     Sires
     Tanner

                              {time}  1400

  Messrs. HASTINGS of Florida, GARRETT of New Jersey, TIM MURPHY of 
Pennsylvania, RYAN of Wisconsin, KIRK, PETRI, CAO, ISRAEL, INGLIS, 
ROYCE, KRATOVIL, and Mrs. MILLER of Michigan changed their vote from 
``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 2 Offered by Mr. Souder

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Indiana (Mr. Souder) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.

[[Page H8789]]

                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 211, 
noes 218, not voting 10, as follows:

                             [Roll No. 642]

                               AYES--211

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrow
     Bartlett
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Cardoza
     Carney
     Carter
     Cassidy
     Chaffetz
     Chandler
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Edwards (TX)
     Ellsworth
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Grayson
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Hoekstra
     Holden
     Hunter
     Inglis
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pomeroy
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Ross
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Spratt
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--218

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Carson (IN)
     Castle
     Castor (FL)
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Ehlers
     Ellison
     Emerson
     Engel
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Green, Al
     Grijalva
     Gutierrez
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Ros-Lehtinen
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Stark
     Stupak
     Sutton
     Tanner
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--10

     Barrett (SC)
     Bishop (UT)
     Boehner
     Capito
     Dahlkemper
     Manzullo
     McCarthy (NY)
     McHugh
     Norton
     Paul


                       Announcement by the Chair

  The CHAIR (during the vote). Two minutes remaining in this vote.

                              {time}  1407

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Ms. NORTON. Mr. Chair, I was unable to vote on rollcall Nos. 641 and 
642. Had I been present, I would have voted ``aye'' on rollcall 641 and 
``no'' on 642.


                  Amendment No. 4 Offered by Mr. Pence

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Indiana (Mr. Pence) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 183, 
noes 247, not voting 9, as follows:

                             [Roll No. 643]

                               AYES--183

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Carter
     Cassidy
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Lamborn
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rahall
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Wamp
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--247

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings

[[Page H8790]]


     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--9

     Barrett (SC)
     Bishop (UT)
     Boehner
     Capito
     Dahlkemper
     McCarthy (NY)
     McHugh
     Paul
     Rangel


                       Announcement by the Chair

  The CHAIR (during the vote). Two minutes remaining in this vote.

                              {time}  1413

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 5 Offered by Mr. Wittman

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Virginia (Mr. Wittman) 
on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 199, 
noes 229, not voting 11, as follows:

                             [Roll No. 644]

                               AYES--199

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Bachmann
     Bachus
     Baird
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ehlers
     Ellsworth
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy (NY)
     Murphy, Patrick
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Payne
     Perriello
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Titus
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--229

     Abercrombie
     Ackerman
     Andrews
     Baca
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Perlmutter
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--11

     Barrett (SC)
     Bishop (UT)
     Boehner
     Capito
     Dahlkemper
     McCarthy (NY)
     McHugh
     Paul
     Pence
     Rangel
     Wexler


                       Announcement by the Chair

  The CHAIR (during the vote). There are 2 minutes remaining in this 
vote.

                              {time}  1420

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:

       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2010''.

  The CHAIR. Under the rule, the committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Snyder) having assumed the chair, Mr. Holden, Chair of the Committee of 
the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R.

[[Page H8791]]

3293) making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes, pursuant to House 
Resolution 673, he reported the bill back to the House with sundry 
amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Pursuant to House Resolution 673, the question on adoption of the 
amendments will be put en gros.
  The question is on the amendments.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. TIAHRT. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. TIAHRT. I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Tiahrt moves to recommit the bill back to the Committee 
     on Appropriations with instructions to report the same back 
     to the House forthwith amended as follows:
       At the appropriate place in the bill, execute amendments 
     numbered 1 through 22, printed in the Congressional Record of 
     July 23, 2009.


 =========================== NOTE =========================== 

  
  July 24, 2009 on Page H8791 the following appeared: The Clerk 
read as follows: Mr. Tiahrt of Kansas moves to recommit the bill 
back to the Committee on Appropriations
  
  The online version should be corrected to read: The Clerk read 
as follows: Mr. Tiahrt moves to recommit the bill back to the 
Committee on Appropriations


 ========================= END NOTE ========================= 



                             Point of Order

  Mr. OBEY. I make a point of order against the motion to recommit with 
instructions because it includes legislation and is not in order under 
clause 2 of rule XXI, and I ask for a ruling from the Chair.
  The SPEAKER pro tempore. Does any other Member wish to be heard on 
the point of order?
  Mr. TIAHRT. Mr. Speaker, I would just like to say that this, Mr. 
Speaker, takes the amendments that were not made in order by the rule 
en masse. It's very similar to what the manager did by, in aggregate, 
considering amendments, and I would ask that the Chair allow this vote 
up or down on the amendments that were not made in order by the rule.
  The SPEAKER pro tempore. The Chair is prepared to rule.
  As argued by the gentleman from Wisconsin, the amendment proposed in 
the motion to recommit violates clause 2 of rule XXI in a number of 
respects.
  The point of order is sustained. The motion is not in order.


                           Motion to Recommit

  Mr. TIAHRT. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman still opposed to the bill?
  Mr. TIAHRT. I still am opposed to the bill.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Tiahrt moves to recommit the bill H.R. 3293 to the 
     Committee on Appropriations with instructions to report the 
     same back to the House forthwith with the following 
     amendment:


 =========================== NOTE =========================== 

  
  July 24, 2009 on Page H8791 the following appeared: The Clerk 
read as follows: Mr. Trahrt moves to recommit the bill
  
  The online version should be corrected to read: The Clerk read 
as follows: Mr. Tiahrt moves to recommit the bill


 ========================= END NOTE ========================= 



 =========================== NOTE =========================== 

  
  July 24, 2009 on Page H8791 the following appeared: back to the 
House forthwith with the following amendments:
  
  The online version should be corrected to read: back to the 
House forthwith with the following amendment:


 ========================= END NOTE ========================= 

       Page 2, line 19, after the dollar amount, insert ``(reduced 
     by $195,000,000)''.
       Page 6, line 7, after the dollar amount, insert ``(reduced 
     by $195,000,000)''.
       Page 7, line 21, insert ``and'' after the semicolon.
       Page 8, line 2, strike the semicolon and insert a period.
       Page 8, strike line 3 and all that follows through line 2 
     on page 9.
       Page 43, line 16, after the first dollar amount, insert 
     ``(reduced by $300,000,000)''.
       Page 43, line 19, strike the colon and all that follows 
     through ``expended'' on line 23.
       Page 84, line 17, after the dollar amount, insert 
     ``(reduced by $100,000,000)''.
       Page 84, line 18, after the dollar amount, insert 
     ``(reduced by $100,000,000)''.
       Page 86, line 25, after the dollar amount, insert 
     ``(reduced by $148,000,000)''.
       Page 87, line 9, after the dollar amount, insert ``(reduced 
     by $38,000,000)''.
       Page 91, line 23, after the dollar amount, insert 
     ``(increased by $1,000,150,000)''.
       Page 91, line 24, after the dollar amount, insert 
     ``(increased by $1,000,150,000)''.
       Page 94, line 8, after the dollar amount, insert ``(reduced 
     by $88,000,000)''.
       Page 94, line 9 strike ``$4,400,000'' and all that follows 
     through ``which'' on line 11.
       Page 94, line 11, after the dollar amount, insert 
     ``(reduced by $83,600,000)''.
       Page 95, line 23, strike the colon and all that follows 
     through ``schools'' on line 13 on page 96.
       Page 107, line 7, after the dollar amount, insert 
     ``(reduced by $111,615,000)''.
       Page 107, line 8, after the dollar amount, insert 
     ``(reduced by $8,997,000)''.
       Page 107, line 9, after the dollar amount, insert 
     ``(reduced by $102,618,000)''.
       Page 107, line 16, after the dollar amount, insert 
     ``(reduced by $21,607,000)''.
       Page 107, line 18, strike ``(3)'' and all that follows 
     through ``(5)'' on line 1 on page 108, and insert ``and 
     (3)''.
       Page 108, line 1, after the dollar amount, insert 
     ``(reduced by $5,210,000)''.
       Page 108, line 11, after the dollar amount, insert 
     ``(reduced by $47,139,000)''.
       Page 109, line 11, after the dollar amount, insert 
     ``(reduced by $9,208,000)''.
       Page 109, line 15, after the dollar amount, insert 
     ``(reduced by $1,188,000)''.

  Mr. TIAHRT (during the reading). Mr. Speaker, I ask unanimous consent 
to waive the reading of the motion to recommit.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kansas?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Kansas is recognized for 
5 minutes.
  Mr. TIAHRT. Mr. Speaker, I offer this motion with the gentleman from 
Minnesota (Mr. Kline). He's the ranking Republican on the Education and 
Labor Committee.
  The motion is simple. It adds $1 billion for special education with 
offsets from an equal amount on other agencies. Americans are 
compassionate people. We want every American to climb the ladder of 
success, even if we have to provide the less fortunate with an 
escalator.
  Almost 35 years ago when the Individuals with Disabilities and 
Education Act, or IDEA as we refer to it, when it was enacted, the 
Federal Government mandated that our schools educate all children, even 
those with severe mental and physical disabilities. During the floor 
debate, it was clear the Federal Government was committed to pay 40 
percent of the costs needed to educate a special-needs child. Today, 
however, we are falling short of that promise. Now, our good intentions 
have turned into bad consequences.
  The Federal Government's mandate has undermined the public school 
system's ability to adequately meet the needs of the special children. 
This is not acceptable for either the children who need special 
education or those without disabilities who watch their education 
programs cut in order to fund IDEA.
  Educating every child is the right thing to do, and I am proud that 
we are doing it today. Yet, IDEA has placed an extreme financial burden 
on our public schools, forcing school districts to rob Peter to pay 
Paul.
  But we can fix this problem, this shortfall. By fully funding IDEA, 
we can put an end to this practice, helping all children reach their 
full potential.
  I would now like to yield to the gentleman from Minnesota (Mr. 
Kline).
  Mr. KLINE of Minnesota. I thank the gentleman for yielding and for 
offering this motion to recommit.
  Mr. Speaker, this is exactly the kind of amendment which should have 
been made in order during today's debate. It is completely germane. It 
is all about priorities in education funding.
  As Mr. Tiahrt said, this motion to recommit would increase funding 
for IDEA by $1 billion. We have for over 35 years fallen short of our 
commitment, the government's commitment, to fund special education and 
provide relief to every school in America. This bill would provide 
relief to every school in your districts. Even with the one-time spike 
in IDEA funding provided by the stimulus bill, we fall short of 
reaching the 40 percent threshold that Mr. Tiahrt discussed.
  What this motion to recommit would do would increase that percentage 
of funding from the 17 percent where it sits to 18.3 percent in the 
base. We need to get that base up and let our superintendents, our 
principals, our teachers, our parents, our families know that that 
money is going to be there for the long term.
  We take money from some other programs, absolutely. I am arguing that 
those programs, some of them brand new, some of them with hundreds of 
millions of dollars, may be important, but not as important as this. 
This is the debate that we should have had this morning. It's the 
debate that we are having now.
  I am asking my colleagues to help us start to meet our obligation. 
Let's help our children with special needs.
  Mr. TIAHRT. Mr. Speaker, I would just like to conclude by saying we 
only

[[Page H8792]]

take money from new programs or we continue programs that exist at a 
lower level than we have today to replace it with a higher priority 
program, IDEA, which meets the needs of our special-needs students, and 
also this will help preserve the ability to educate those who are not 
physically and mentally challenged in a better fashion. So I would urge 
its adoption.
  I yield back the balance of my time.
  Mr. OBEY. I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from Wisconsin is recognized 
for 5 minutes.
  Mr. OBEY. Mr. Speaker, this is what I would call the original holy 
picture amendment. Sometimes we see legislators who think that the way 
to do business is to cut everybody else's priorities in order to fund 
theirs. That's not the way 435 people can come to a constructive 
conclusion. The fact is that this is a recovery or trailer amendment 
left over from the stimulus bill of a few months ago.
  Just a few months ago, we had a stimulus bill on the House floor 
which increased special education by $12 billion. In the 12 years the 
Republicans were in control of this House, they increased special 
education by a total of $8.5 billion. We increased it by $12 billion in 
1 year, and not a single Member on that side of the aisle voted for it.

                              {time}  1430

  And now, they're belatedly trying to recover politically by cutting a 
laundry list of other programs in order to pretend that they found a 
responsible way to free up money to fund Special Education.
  I want to point out that this amendment would cut $100 million from 
the School Improvement account. That could endanger 100,000 kids who, 
right now, have after-school learning programs. It cuts $148 million 
from the Innovation and Improvement account, Reach Out and Read, Teach 
for America, Full Service Community Schools, and Reading is 
Fundamental.
  It eliminates $88 million in smaller learning communities. We've 
learned from research that a lot of high schools need to be downsized. 
This cripples the program and would prevent 500,000 high school 
students from benefiting from that program.
  It cuts almost $170 million from the Community Service and Volunteer 
Program, including AmeriCorps and Summers of Service--summer jobs. It 
would also put at risk an effort to bolster the participation of 
disabled Americans in community service. It would cut the Foster 
Grandparents and Senior Companion program as well.
  It would eliminate $300 million from the Global Fund to Fight AIDS, 
Tuberculosis, and Malaria. If the H1N1 virus has taught us anything, 
it's that we have to attack these disease problems on a worldwide 
basis.
  I think the amendment speaks for itself. I don't think we want to 
play ``fruit basket upset'' just so that somebody can get better on a 
rollcall. I would urge defeat of the amendment.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. TIAHRT. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 171, 
noes 248, not voting 14, as follows:

                             [Roll No. 645]

                               AYES--171

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hodes
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--248

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--14

     Barrett (SC)
     Bishop (UT)
     Boehner
     Burgess
     Capito
     Dahlkemper
     Davis (KY)
     Ellison
     Marchant
     McCarthy (NY)
     McHugh
     Paul
     Pence
     Wexler


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining on the vote.

                              {time}  1448

  So the motion to recommit was rejected.

[[Page H8793]]

  The result of the vote was announced as above recorded.
  Stated against:
  Mr. ELLISON. Mr. Speaker, on rollcall No. 645, I was stuck in a 
meeting on health care and did not get back in time. Had I been 
present, I would have voted ``no.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Under clause 10 of rule XX, the yeas and nays are ordered.
  This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 264, 
nays 153, not voting 16, as follows:

                             [Roll No. 646]

                               YEAS--264

     Abercrombie
     Ackerman
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NAYS--153

     Aderholt
     Akin
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilirakis
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Young (FL)

                             NOT VOTING--16

     Barrett (SC)
     Bishop (UT)
     Boehner
     Capito
     Dahlkemper
     Gingrey (GA)
     Jackson-Lee (TX)
     Jones
     Marchant
     McCarthy (NY)
     McHugh
     Paul
     Pence
     Slaughter
     Watson
     Wexler


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There is 1 minute 
remaining in the vote.

                              {time}  1454

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Ms. SLAUGHTER. Mr. Speaker, on rollcall No. 646, had I been present, 
I would have voted ``yea.''

                          ____________________