Text: S.3230 — 110th Congress (2007-2008)All Information (Except Text)

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Placed on Calendar Senate (07/08/2008)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3230 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 866
110th CONGRESS
  2d Session
                                S. 3230

                          [Report No. 110-410]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2009, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2008

    Mr. Harkin, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2009, and for other purposes.

    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, 2009, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Denali Commission Act of 1998, 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; $3,618,556,000, plus reimbursements, is 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, $2,994,510,000 as follows:
                    (A) $864,199,000 for adult employment and training 
                activities, of which $152,199,000 shall be available 
                for the period July 1, 2009 to June 30, 2010, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2009 through June 30, 2010;
                    (B) $930,500,000 for youth activities, which shall 
                be available for the period April 1, 2009 through June 
                30, 2010; and
                    (C) $1,199,811,000 for dislocated worker employment 
                and training activities, of which $351,811,000 shall be 
                available for the period July 1, 2009 through June 30, 
                2010, and of which $848,000,000 shall be available for 
                the period October 1, 2009 through June 30, 2010:
        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;
            (2) for federally administered programs, $477,525,000 as 
        follows:
                    (A) $282,092,000 for the dislocated workers 
                assistance national reserve, of which $70,092,000 shall 
                be available for the period July 1, 2009 through June 
                30, 2010, and of which $212,000,000 shall be available 
                for the period October 1, 2009 through June 30, 2010: 
                Provided, That up to $125,000,000 may be made available 
                for Community-Based Job Training grants from funds 
                reserved under section 132(a)(2)(A) of the WIA and 
                shall be used to carry out such grants under section 
                171(d) of such Act, except that the 10 percent 
                limitation otherwise applicable to the amount of funds 
                that may be used to carry out section 171(d) shall not 
                be applicable to funds used for Community-Based Job 
                Training grants: Provided further, That funds provided 
                to carry out section 132(a)(2)(A) of the WIA may be 
                used to provide assistance to a State for State-wide or 
                local use in order to address cases where there have 
                been worker dislocations across multiple sectors or 
                across multiple local areas and such workers remain 
                dislocated; coordinate the State workforce development 
                plan with emerging economic development needs; and 
                train such eligible dislocated workers: Provided 
                further, That funds provided to carry out section 
                171(d) of the WIA may be used for demonstration 
                projects that provide assistance to new entrants in the 
                workforce and incumbent workers;
                    (B) $52,758,000 for Native American programs, which 
                shall be available for the period July 1, 2009 through 
                June 30, 2010;
                    (C) $82,740,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $76,710,000 for formula grants (of which not less that 
                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 $530,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2009 through June 30, 2010: 
                Provided, That, notwithstanding any other provision of 
                law or related regulation, the Department shall take no 
                action limiting the number or proportion of eligible 
                participants receiving related assistance services or 
                discouraging grantees from providing such services;
                    (D) $983,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, 
                which shall be available for the period July 1, 2009 
                through June 30, 2010; and
                    (E) $58,952,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2009 through June 30, 
                2010; and
            (3) for national activities, $146,521,000, which shall be 
        available for the period July 1, 2009 through June 30, 2010 as 
        follows:
                    (A) $31,438,000 for Pilots, Demonstrations, and 
                Research: Provided, That $26,525,000 shall be available 
                under section 171 of the WIA for the projects and in 
                the amounts specified in the Committee report of the 
                Senate accompanying this Act: Provided further, That 
                such projects and funds 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) $103,493,000 for ex-offender activities, under 
                the authority of section 171 of the Act, 
                notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D), of which not less than 
                $86,000,000 shall be for youthful offender activities: 
                Provided, That $60,000,000 shall be for competitive 
                grants to local educational agencies or community-based 
                organizations to develop and implement mentoring 
                strategies that integrate educational and employment 
                interventions designed to prevent youth violence in 
                schools with high rates of school dropout or identified 
                as persistently dangerous under section 9532 of the 
                Elementary and Secondary Education Act;
                    (C) $4,835,000 for Evaluation under section 172 of 
                the WIA; and
                    (D) $6,755,000 for the Denali Commission.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, 
$571,925,000, which shall be available for the period July 1, 2009 
through June 30, 2010.

              federal unemployment benefits and allowances

    For payments during fiscal year 2009 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, 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, $958,800,000, together with such 
amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15, 
2009.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $89,335,000, together with 
not to exceed $3,563,028,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,782,145,000 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 sections 8501-8523 of title 5, United States Code, and 
        the administration of trade readjustment allowances and 
        alternative trade adjustment assistance under the Trade Act of 
        1974, and shall be available for obligation by the States 
        through December 31, 2009, except that funds used for 
        automation acquisitions shall be available for obligation by 
        the States through September 30, 2011, and funds used for 
        unemployment insurance workloads experienced by the States 
        through September 30, 2009 shall be available for Federal 
        obligation through December 31, 2009.
            (2) $9,727,000 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 
        $22,883,000 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, 2009 through June 30, 2010.
            (4) $20,026,000 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) $70,237,000 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 $54,497,000 shall be available for the 
        Federal administration of such activities, and of which 
        $15,740,000 shall be available for grants to States for the 
        administration of such activities.
            (6) $52,059,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and the Green Jobs 
        Act of 2007 and shall be available for Federal obligation for 
        the period July 1, 2009 through June 30, 2010.
            (7) $14,393,000 from the General Fund is to provide for 
        work incentive grants to the States and shall be available for 
        the period July 1, 2009 through June 30, 2010:
Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2009 is projected by the 
Department of Labor to exceed 3,487,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act: Provided further, That the Secretary of Labor 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 453(j)(8) of such 
Act: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which 
are used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants, or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the Office of Management 
and Budget Circular A-87.
    In addition, $40,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct reemployment and eligibility assessments and 
unemployment insurance improper payment reviews: Provided, That not 
later than June 30, 2010, the Secretary shall submit an interim report 
to the Congress that includes available information on expenditures, 
number of individuals assessed, and outcomes from the assessments: 
Provided further, That not later than June 30, 2011, the Secretary of 
Labor shall submit to the Congress a final report containing 
comprehensive information on the estimated savings that result from the 
assessments of claimants and identification of best practices.

        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 1954; 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, to remain 
available through September 30, 2010, $422,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2009, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$84,368,000, together with not to exceed $46,785,000, 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, $139,313,000.

                  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 such 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, 2009, for such Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2009 shall be 
available for obligations for administrative expenses in excess of 
$444,722,000: 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 2009, an amount not to exceed an additional 
$9,200,000 shall be available for obligation for administrative 
expenses for every 20,000 additional terminated participants: Provided 
further, That an additional $50,000 shall be made available 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 pre-termination 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 of funds)

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $436,337,000, together with 
$2,022,000 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, through September 1, 2009, 
$63,000,000 are permanently rescinded.

                            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, $163,000,000, 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, 2008, 
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, 2009: 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, $52,720,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $15,068,000.
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake and medical bill 
        processing, $23,273,000.
            (3) For periodic roll management and medical review, 
        $14,379,000.
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the 
Longshore and Harbor Workers' Compensation Act, provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $188,130,000, 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 2010, $56,000,000, 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, $49,654,000, 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 2009 and thereafter, 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 
1954; 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 2009 for expenses of operation and administration 
of the Black Lung Benefits program, as authorized by section 
9501(d)(5): not to exceed $32,308,000 for transfer to the Employment 
Standards Administration ``Salaries and Expenses''; not to exceed 
$24,694,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; not to exceed $325,000 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, $504,620,000, including not to exceed $91,093,000 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 $750,000 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 grants: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the 
fiscal year ending September 30, 2009, 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 $9,939,000 shall be available for Susan Harwood training 
grants, of which $3,144,000 shall be used for the Institutional 
Competency Building training grants awarded in February 2008, provided 
that a grantee has demonstrated satisfactory performance: Provided 
further, That such grants shall be awarded not later than 30 days after 
the date of enactment of this Act.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $346,895,000, 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, $1,900,000 for an 
award to the United Mine Workers of America, for classroom and 
simulated rescue training for mine rescue teams; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,000,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; the 
Secretary of Labor is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
or private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining 
community through cooperative programs with States, industry, and 
safety associations; the Secretary is authorized to recognize the 
Joseph A. Holmes Safety Association as a principal safety association 
and, notwithstanding any other provision of law, may provide funds and, 
with or without reimbursement, personnel, including service of Mine 
Safety and Health Administration officials as officers in local 
chapters or in the national organization; and any funds available to 
the Department 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, $515,542,000, 
together with not to exceed $82,764,000, 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, $26,679,000.

                        Departmental Management

                         salaries and expenses

    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, $314,013,000, of which 
$86,074,000 is for the Bureau of International Labor Affairs (including 
$5,913,000 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 $22,659,000 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; together with not to exceed $327,000, which 
may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund.

                          office of job corps

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,650,516,000, plus reimbursements, as follows:
            (1) $1,507,684,000 for Job Corps Operations, of which 
        $916,684,000 is available for obligation for the period July 1, 
        2009 through June 30, 2010 and of which $591,000,000 is 
        available for obligation for the period October 1, 2009 through 
        June 30, 2010.
            (2) $113,960,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, of which $13,960,000 is 
        available for the period July 1, 2009 through June 30, 2012 and 
        $100,000,000 is available for the period October 1, 2009 
        through June 30, 2012.
            (3) $28,872,000 for necessary expenses of the Office of Job 
        Corps is available for obligation for the period October 1, 
        2008 through September 30, 2009:
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 $205,468,000 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, 2009, of which $1,949,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration 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, $32,971,000, of which $7,351,000 shall be 
available for obligation for the period July 1, 2009, through June 30, 
2010.

                      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, 
$76,326,000, together with not to exceed $5,815,000, 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. After September 30, 2008, the Secretary of Labor shall 
issue a monthly transit subsidy of not less than the full amount (of 
not less than $110) that each of its employees of the National Capital 
Region is eligible to receive.
    Sec. 105. 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. 106. There is authorized to be appropriated such sums as may 
be necessary to the Denali Commission through the Department of Labor 
to conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 107. 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. 108. None of the funds available in this Act or available to 
the Secretary of Labor from other sources for Community-Based Job 
Training 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. 109. The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of the Workforce Investment Act 
of 1998, or to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in subtitle B 
of title I of that Act (including applying the standards specified in 
section 116(a)(3)(B) of that Act, but notwithstanding the time limits 
specified in section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary of Labor to withdraw 
approval for such redesignation from a State that received the approval 
not later than October 12, 2005, or to revise action taken or modify 
the redesignation procedure being used by the Secretary in order to 
complete such redesignation for a State that initiated the process of 
such redesignation by submitting any request for such redesignation not 
later than October 26, 2005.
    Sec. 110. None of the funds made available in this or any other Act 
shall be available to finalize or implement any proposed regulation 
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933, 
or the Trade Adjustment Assistance Reform Act of 2002 until such time 
as legislation reauthorizing the Workforce Investment Act of 1998 and 
the Trade Adjustment Assistance Reform Act of 2002 is enacted.
    Sec. 111. None of the funds available in this Act may be used to 
carry out a public-private competition or direct conversion under 
Office of Management and Budget Circular A-76 or any successor 
administrative regulation, directive or policy until 60 days after the 
Government Accountability Office provides a report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
use of competitive sourcing at the Department of Labor.
    Sec. 112. 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 OMB 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.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2009''.

                                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 
1128E, and 711, 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, and section 712 of the 
American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and 
Research Act of 2005, $6,943,926,000, of which $170,597,000 shall be 
available for construction and renovation (including equipment) of 
health care and other facilities and other health-related activities 
specified in the Committee report of the Senate accompanying this Act, 
and of which $39,200,000 from general revenues, notwithstanding section 
1820(j) of the Social Security Act, shall be available for carrying out 
the Medicare rural hospital flexibility grants program under such 
section: Provided, That of the funds made available under this heading, 
$100,000 shall be available until expended for facilities renovations 
at the Gillis W. Long Hansen's Disease Center: Provided further, That 
$62,000,000 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 $39,000 is available until 
expended for carrying out the provisions of section 224(o) of the PHS 
Act including associated administrative expenses and relevant 
evaluations: Provided further, That no more than $44,055,000 is 
available until expended for carrying out the provisions of Public Law 
104-73 and for expenses incurred by the Department of Health and Human 
Services pertaining to administrative claims made under such law: 
Provided further, That of the funds made available under this heading, 
$299,981,000 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, $1,828,911,000 shall 
remain available to the Secretary of Health and Human Services through 
September 30, 2011, for parts A and B of title XXVI of the PHS Act: 
Provided further, That $800,422,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the PHS Act: Provided 
further, That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the PHS Act to 
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That, notwithstanding section 502(a)(1) and 502(b)(1) of the 
Social Security Act, not to exceed $97,287,000 is available for 
carrying out special projects of regional and national significance 
pursuant to section 501(a)(2) of such Act and $10,400,000 is available 
for projects described in paragraphs (A) through (F) of section 
501(a)(3) of such Act: Provided further, That of the funds provided, 
$39,283,000 shall be provided to the Denali Commission as a direct lump 
payment pursuant to Public Law 106-113: Provided further, That of the 
funds provided, $25,000,000 shall be provided for the Delta Health 
Initiative as authorized in section 219 of division G of Public Law 
110-161 and associated administrative expenses: Provided further, That 
notwithstanding section 747(e)(2) of the PHS Act, not less than 
$4,913,000 shall be for general dentistry programs, not less than 
$4,913,000 shall be for pediatric dentistry programs including faculty 
loan repayment and not less than $24,184,000 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.

           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 $7,000,000 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, disease, 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, $6,313,674,000, 
of which $150,000,000 shall remain available until expended for 
equipment, construction and renovation of facilities; of which 
$570,307,000 shall remain available until expended for the Strategic 
National Stockpile; of which $14,212,000 shall be available for public 
health improvement activities specified in the Committee report of the 
Senate accompanying this Act; of which $118,863,000 for international 
HIV/AIDS shall remain available through September 30, 2010; and of 
which $51,583,000 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 in addition 
to amounts provided herein, the following amounts shall be available 
from amounts available under section 241 of the PHS Act: (1) 
$12,794,000 to carry out the National Immunization Surveys; (2) 
$31,000,000 to carry out Public Health Research; and (3) $94,969,000 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 up to $28,466,000 shall be made 
available until expended for Individual Learning Accounts for full-time 
equivalent employees of the Centers for Disease Control and Prevention: 
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 
transfer: Provided further, That not to exceed $18,598,000 may be 
available for making grants under section 1509 of the PHS Act to not 
less than 15 States, tribes, or tribal organizations: Provided further, 
That notwithstanding any other provision of law, the Centers for 
Disease Control and Prevention shall award a single contract or related 
contracts for development and construction of the next building or 
facility designated in the Buildings and Facilities Master Plan that 
collectively include the full scope of the project: Provided further, 
That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18: Provided further, 
That of the funds appropriated, $10,000 is for official reception and 
representation expenses when specifically approved by the Director of 
the Centers for Disease Control and Prevention: Provided further, That 
employees of the Centers for Disease Control and Prevention or the 
Public Health Service, both civilian and Commissioned Officers, 
detailed to States, municipalities, or other organizations under 
authority of section 214 of the PHS Act, or in overseas assignments, 
shall be treated as non-Federal employees for reporting purposes only 
and shall not be included within any personnel ceiling applicable to 
the Agency, Service, or the Department of Health and Human Services 
during the period of detail or assignment: Provided further, That out 
of funds made available under this heading for domestic HIV/AIDS 
testing, up to $30,000,000 shall be for States newly eligible in fiscal 
year 2009 under section 2625 of the PHS Act as of December 31, 2008 and 
shall be distributed by May 31, 2009 based on standard criteria 
relating to a State's epidemiological profile, and of which not more 
than $1,000,000 may be made available to any one State, and amounts 
that have not been obligated by May 31, 2009 shall be made available to 
States and local public health departments for HIV testing activities.
    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, 
to remain available until expended: Provided, That this amount shall be 
available consistent with the provision regarding administrative 
expenses in section 151 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, $4,958,594,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
NCI-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, $3,006,344,000.

         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, $401,405,000.

    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, 
$1,755,881,000.

        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, 
$1,588,405,000.

         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, 
$4,688,828,000: Provided, That $300,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,991,609,000.

  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, 
$1,290,873,000.

                         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, 
$687,346,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to environmental health sciences, 
$660,767,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,077,448,000.

 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, $523,246,000.

    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, 
$406,000,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $141,439,000.

           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, $448,834,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,029,539,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,445,987,000.

                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, $501,411,000.

      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, $307,254,000.

                 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, $1,192,576,000.

       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, 
$125,082,000.

       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, $205,322,000.

                  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), $68,476,000.

                      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, $329,996,000, of which $4,000,000 shall be available 
until expended for improvement of information systems: Provided, That 
in fiscal year 2009, 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''), $1,275,281,000, of 
which up to $25,000,000 shall be used to carry out section 214 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund: Provided further, That all funds credited to such Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That $192,300,000 shall be 
available for continuation of the National Children's Study: Provided 
further, That $568,119,000 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, $146,581,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles III, V and XIX of the Public Health Service 
Act (``PHS Act'') with respect to substance abuse and mental health 
services, and the Protection and Advocacy for Individuals with Mental 
Illness Act, $3,259,647,000, of which $7,250,000 shall be available for 
the projects and in the amounts specified in the Committee report of 
the Senate accompanying this Act: Provided, That notwithstanding 
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying 
out section 520A are available for carrying out section 1971 of the PHS 
Act: Provided further, That $18,869,000 shall be available for such 
purposes under section 1921 of the PHS Act for supplemental performance 
awards for grant recipients that have demonstrated superior performance 
as determined by the Secretary: 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) 
$6,000,000 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 2009: Provided further, That $2,000,000 shall be available to 
establish State-administered controlled substance monitoring systems as 
authorized by Public Law 109-60.

               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, $90,598,000; and in addition, 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 $243,966,000.

               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, $149,335,031,000, to remain available until 
expended.
    For making, after May 31, 2009, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2009 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 2010, $71,700,038,000, 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 and the Federal 
Supplementary Medical Insurance Trust Funds, 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, $195,308,000,000.
    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 $3,270,574,000, to be 
transferred from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as authorized by section 
201(g) of the Social Security Act; together with all funds collected in 
accordance with section 353 of the PHS Act and section 1857(e)(2) of 
the Social Security Act, funds retained by the Secretary of Health and 
Human Services pursuant to section 302 of the Tax Relief and Health 
Care Act of 2006; and such sums as may be collected from authorized 
user fees and the sale of data, which shall be credited to this account 
and remain available until expended: Provided, That all funds derived 
in accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the PHS Act shall be credited to and available for 
carrying out the purposes of this appropriation: Provided further, That 
$35,700,000, to remain available until September 30, 2010, is for 
contract costs for the Healthcare Integrated General Ledger Accounting 
System: Provided further, That $108,900,000, to remain available until 
September 30, 2010, is for the Centers for Medicare and Medicaid 
Services (``CMS'') Medicare contracting reform activities: Provided 
further, That funds appropriated under this heading are available for 
the Healthy Start, Grow Smart program under which the CMS may, directly 
or through grants, contracts, or cooperative agreements, produce and 
distribute informational materials including, but not limited to, 
pamphlets and brochures on infant and toddler health care to expectant 
parents enrolled in the Medicaid program and to parents and guardians 
enrolled in such program with infants and children: Provided further, 
That the Secretary is directed to collect fees in fiscal year 2009 from 
Medicare Advantage organizations pursuant to section 1857(e)(2) of the 
Social Security Act and from eligible organizations with risk-sharing 
contracts under section 1876 of that Act pursuant to section 
1876(k)(4)(D) of that Act: Provided further, That $2,230,000 shall be 
available for the projects and in the amounts specified in the 
Committee report of the Senate accompanying this Act.

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $198,000,000, 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, of which $147,038,000 shall be for the Medicare 
Integrity Program at the Centers for Medicare and Medicaid Services to 
conduct oversight of activities for Medicare Advantage and the Medicare 
Prescription Drug Program authorized in title XVIII of the Social 
Security Act, including activities listed in section 1893(b) of such 
Act; of which $18,967,000 shall be for the Department of Health and 
Human Services Office of Inspector General; of which $13,028,000 shall 
be for the Medicaid and SCHIP program integrity activities; and of 
which $18,967,000 shall be for the Department of Justice: Provided, 
That the report required by section 1817(k)(5) of the Social Security 
Act for fiscal year 2009 shall include measures of the operational 
efficiency and impact on fraud, waste and abuse in the Medicare, 
Medicaid and SCHIP 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, $2,759,078,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2010, $1,000,000,000, 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 section 2602(b) and section 2602(d) of 
the Low-Income Home Energy Assistance Act of 1981, $1,980,000,000.
    For making payments under section 2602(e) of the Low-Income Home 
Energy Assistance Act of 1981, $590,328,000, notwithstanding the 
designation requirement of section 2602(e) of such Act.

                     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, for 
costs associated with the care and placement of unaccompanied alien 
children, and for carrying out the Torture Victims Relief Act of 1998, 
$635,044,000, 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 and section 462 of the Homeland 
Security Act of 2002 for fiscal year 2009 shall be available for the 
costs of assistance provided and other activities to remain available 
through September 30, 2011.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,137,081,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income 
families: Provided, That $19,120,350 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,018 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, $272,676,992 shall be 
reserved by the States for activities authorized under section 658G, of 
which $100,001,830 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $10,000,307 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

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978 (adoption opportunities), sections 330F and 330G of the Public 
Health Service Act (``PHS Act''), the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, 
part B-1 of title IV and sections 413, 1110, and 1115 of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act (``CSBG Act''), sections 439(i), 473B, and 477(i) of the 
Social Security Act, and the Assets for Independence Act, and for 
necessary administrative expenses to carry out such Acts and titles I, 
IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of 
July 5, 1960, the Low-Income Home Energy Assistance Act of 1981, title 
IV of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, and section 505 of the Family Support 
Act of 1988, $9,184,205,000, of which $15,000,000, to remain available 
until September 30, 2010, 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, 2009: Provided, That without regard to the fiscal year limitations 
set forth in section 473A of the Social Security Act, from the amounts 
appropriated herein, the Secretary shall pay adoption incentives for 
fiscal year 2008 in the same manner as such incentives were awarded in 
fiscal year 2008 for the previous fiscal year: Provided further, That 
$7,104,571,000 shall be for making payments under the Head Start Act, 
including $3,000,000 designated to fund section 657B, of which 
$1,388,800,000 shall become available October 1, 2009, and shall remain 
available through September 30, 2010: Provided further, That 
$693,767,000 shall be for making payments under the CSBG Act: Provided 
further, That not less than $8,500,000 shall be for section 680(3)(B) 
of the CSBG Act: Provided further, That in addition to amounts provided 
herein, $5,762,000 shall be available from amounts available under 
section 241 of the PHS Act to carry out the provisions of section 1110 
of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the CSBG Act, and have 
not been expended by such entity, they shall remain with such entity 
for carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations: Provided further, That $42,688,000 is for a compassion 
capital fund to provide grants to charitable organizations to emulate 
model social service programs and to encourage research on the best 
practices of social service organizations: 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 $80,417,000 shall be 
for making competitive grants to provide abstinence education to 
adolescents, and for Federal costs of administering the grant: Provided 
further, That information provided through grants under the immediately 
preceding proviso shall be scientifically accurate and shall comply 
with section 317P(c)(2) of the PHS Act: Provided further, That in 
addition to amounts provided herein for abstinence education for 
adolescents, $4,410,000 shall be available from amounts available under 
section 241 of the PHS Act to carry out evaluations (including 
longitudinal evaluations) of adolescent pregnancy prevention 
approaches: 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 $7,790,000 shall be available for 
the projects and in the amounts specified in the Committee report of 
the Senate accompanying this Act.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $73,311,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,096,000,000.
    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 2010, $1,800,000,000.
    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 and section 398 of the Public Health Service Act, 
$1,478,156,000, 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 
$2,025,000 shall be available for the projects and in the amounts 
specified in the Committee report of the Senate accompanying this Act.

                        Office of the Secretary

                    general departmental management

                     (including transfer of funds)

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act 
(``PHS Act''), the United States-Mexico Border Health Commission Act, 
and research studies under section 1110 of the Social Security Act, 
$361,764,000, 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 $46,756,000 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 
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), all of which shall be for prevention service 
demonstration grants under section 510(b)(2) of title V of the Social 
Security Act, as amended, without application of the limitation of 
section 2010(c) of said title XX: Provided further, That of this 
amount, $50,984,000 shall be for minority AIDS prevention and treatment 
activities; and $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; 
$3,545,000 shall be for a Health Diplomacy Initiative and may be used 
to carry out health diplomacy activities such as health training, 
services, education, and program evaluation provided directly, through 
grants, or through contracts; 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 specific information 
requests from the chairmen and ranking members of the Subcommittees on 
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 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: 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 $1,000,000 shall be available for 
the projects and in the amounts specified in the Committee report of 
the Senate accompanying this Act.

                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), $63,864,000, 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, $60,561,000.

                      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, 
$46,058,000: Provided, That of such amount, necessary sums are 
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.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$36,785,000, 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, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during 
the current fiscal year.

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological and chemical threats to 
civilian populations, and for other public health emergencies, 
$666,667,000, of which not to exceed $21,243,000, to remain available 
until September 30, 2010, is to pay the costs described in section 
319F-2(c)(7)(B) of the Public Health Service Act (``PHS Act''), and of 
which $175,000,000, to remain available until September 30, 2010, is to 
support advanced research and development of medical countermeasures 
and ancillary products, consistent with section 319L of the PHS Act.
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $585,091,000, of which $507,000,000 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: 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, 
where the Secretary finds such a contract 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 sentence.

                           GENERAL PROVISIONS

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 208. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' 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 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 by this Act may be used to withhold substance abuse 
funding from a State pursuant to section 1926 of the Public Health 
Service Act if such State certifies to the Secretary of Health and 
Human Services by May 1, 2009, 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 fiscal year 2009 
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 fiscal year 2008, 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 
fiscal year 2008 State expenditures and all fiscal year 2009 
obligations for tobacco prevention and compliance activities by program 
activity by July 31, 2009.
    (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, 2009.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 of the Public 
Health Service Act from a territory that receives less than $1,000,000.
    Sec. 213. In order for the Department of Health and Human Services 
to carry out international health activities, including HIV/AIDS and 
other infectious disease, chronic and environmental disease, and other 
health activities abroad during fiscal year 2009:
            (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. Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (``CDC'') and the Agency for Toxic Substances and Disease 
Registry (``ATSDR'') may be transferred to ``Disease Control, Research, 
and Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 216. Notwithstanding any other provisions of law, funds made 
available in this Act may be used to continue operating the Council on 
Graduate Medical Education established by section 301 of Public Law 
102-408.
    Sec. 217. The Director of the National Institutes of Health 
(``NIH'') shall require that all investigators funded by the NIH submit 
or have submitted for them to the National Library of Medicine's PubMed 
Central an electronic version of their final, peer-reviewed manuscripts 
upon acceptance for publication, to be made publicly available no later 
than 12 months after the official date of publication: Provided, That 
the NIH shall implement the public access policy in a manner consistent 
with copyright law.
    Sec. 218. 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. 219. Of the amounts made available for the National Institutes 
of Health, 1 percent of the amount made available for National Research 
Service Awards (``NRSA'') shall be made available to the Administrator 
of the Health Resources and Services Administration to make NRSA awards 
for research in primary medical care to individuals affiliated with 
entities who have received grants or contracts under section 747 of the 
Public Health Service Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the Agency for 
Healthcare Research and Quality to make NRSA awards for health service 
research.
    Sec. 220. Section 223 of the Department of Health and Human 
Services Appropriations Act, 2008 (division G of Public Law 110-161), 
is amended in its first proviso by inserting ``, with respect to this 
or any succeeding fiscal year,'' after ``by this or any other Act''.
    Sec. 221. (a) In General.--Section 1927(c)(1)(D) of the Social 
Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by section 
6001(d)(2) of the Deficit Reduction Act of 2005, is amended--
    (1) in clause (i)--
            (A) by redesignating subclause (IV) as subclause (VI); and
            (B) by inserting after subclause (III) the following:
                                    ``(IV) An entity that--
                                            ``(aa) is described in 
                                        section 501(c)(3) of the 
                                        Internal Revenue Code of 1986 
                                        and exempt from tax under 
                                        section 501(a) of such Act or 
                                        is State-owned or operated; and
                                            ``(bb) would be a covered 
                                        entity described in section 
                                        340(B)(a)(4) of the Public 
                                        Health Service Act insofar as 
                                        the entity provides the same 
                                        type of services to the same 
                                        type of populations as a 
                                        covered entity described in 
                                        such section provides, but does 
                                        not receive funding under a 
                                        provision of law referred to in 
                                        such section;
                                    ``(V) A public or nonprofit entity, 
                                or an entity based at an institution of 
                                higher learning whose primary purpose 
                                is to provide health care services to 
                                students of that institution, that 
                                provides a service or services 
                                described under section 1001(a) of the 
                                Public Health Service Act, 42 U.S.C. 
                                300.''.
            (2) by adding at the end the following new clause:
                            ``(iv) Rule of Construction.--Nothing in 
                        this subparagraph shall be construed to alter 
                        any existing statutory or regulatory 
                        prohibition on services with respect to an 
                        entity described in clause (i)(IV), including 
                        the prohibition set forth in section 1008 of 
                        the Public Health Service Act.''.
    (b) Effective Date.--The amendments made by this subsection shall 
take effect as if included in the amendment made by section 6001(d)(2) 
of the Deficit Reduction Act of 2005.
    Sec. 222. Funds appropriated for this or any succeeding fiscal year 
by this or any other Act with respect to this or any succeeding fiscal 
year shall be available for expenses for active commissioned officers 
in the Public Health Service Reserve Corps and for not to exceed 4,000 
commissioned officers in the Regular Corps.
    Sec. 223. Funds appropriated (but not obligated) prior to the date 
of enactment of this Act for making payments under section 2604(e) of 
such Act (42 U.S.C. 8623(e)) for fiscal years 2005 and 2008, shall be 
released to States not later than the date of enactment of this Act.
    Sec. 224. Within 6 months of passage of this Act, the Secretary of 
the Department of Health and Human Services shall issue an Advanced 
Notice of Proposed Rulemaking to solicit public comment in advance of 
modifying regulations at 42 CFR Part 50 Subpart F for the purpose of 
strengthening Federal oversight and identifying enhancements of 
policies, including requirements for financial disclosure to 
institutions, governing financial conflicts of interest among 
extramural investigators receiving grant support from the National 
Institutes of Health.
    Sec. 225. Notwithstanding any other provision of law, the Secretary 
of Health and Human Services shall not, prior to April 1, 2009, 
finalize, implement, enforce, or otherwise take any action to give 
effect to any or all components of the State Health Official Letter 07-
001, dated August 17, 2007, or the State Health Official Letter 08-003, 
dated May 7, 2008, issued by the Director of the Center for Medicaid 
and State Operations in the Centers for Medicare & Medicaid Services 
regarding certain requirements under the State Children's Health 
Insurance Program (CHIP) relating to the prevention of the substitution 
of health benefits coverage for children (commonly referred to as 
``crowd-out'') and the enforcement of medical support orders (or to any 
similar administrative actions that reflect the same or similar 
policies set forth in such letter). Any change made on or after August 
17, 2007, to a Medicaid or CHIP State plan or waiver to implement, 
conform to, or otherwise adhere to the requirements or policies in such 
letter shall not apply prior to April 1, 2009.
    Sec. 226. Section 9517(c)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (42 U.S.C. 1396b note), as added by section 
4734 of the Omnibus Budget Reconciliation Act of 1990 and as amended by 
section 704 of the Medicare, Medicaid, and SCHIP Benefits Improvement 
and Protection Act of 2000, is amended--
            (1) in subparagraph (A), by inserting ``, in the case of 
        any health insuring organization described in such subparagraph 
        that is operated by a public entity established by Ventura 
        County, and in the case of any health insuring organization 
        described in such subparagraph that is operated by a public 
        entity established by Merced County'' after ``described in 
        subparagraph (B)''; and
            (2) in subparagraph (C), by striking ``14 percent'' and 
        inserting ``16 percent''.
    Sec. 227. Title XIX of the Social Security Act (42 U.S.C. 1396 et 
seq.) is amended by adding at the end the following new section:

                      ``medicaid improvement fund

    ``Sec. 1942. (a) Establishment.--The Secretary shall establish 
under this title a Medicaid Improvement Fund (in this section referred 
to as the `Fund') which shall be available to the Secretary to improve 
the management of the Medicaid program by the Centers for Medicare & 
Medicaid Services, including oversight of contracts and contractors and 
evaluation of demonstration projects. Payments made for activities 
under this subsection shall be in addition to payments that would 
otherwise be made for such activities.
    ``(b) Funding.--
            ``(1) In general.--There shall be available to the Fund, 
        for expenditures from the Fund, $50,000,000 for each of fiscal 
        years 2013 through 2015.
            ``(2) Funding limitation.--Amounts in the Fund shall be 
        available in advance of appropriations but only if the total 
        amount obligated from the Fund does not exceed the amount 
        available to the Fund under paragraph (1). The Secretary may 
        obligate funds from the Fund only if the Secretary determines 
        (and the Chief Actuary of the Centers for Medicare & Medicaid 
        Services and the appropriate budget officer certify) that there 
        are available in the Fund sufficient amounts to cover all such 
        obligations incurred consistent with the previous sentence.''.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2009''.

                               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, $15,735,884,000, of which $6,663,933,000 shall become available 
on July 1, 2009, and shall remain available through September 30, 2010, 
and of which $8,893,756,000 shall become available on October 1, 2009, 
and shall remain available through September 30, 2010, for academic 
year 2009-2010: 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, 2008, 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 $3,283,462,000 shall 
be for targeted grants under section 1125 of the ESEA: Provided 
further, That $3,283,462,000 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.

                               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, $1,240,718,000, of which 
$1,105,535,000 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(b) and shall remain available through 
September 30, 2010, $64,208,000 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 2008-2009, 
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, 
$5,292,422,000, of which $3,674,540,000 shall become available on July 
1, 2009, and remain available through September 30, 2010, and of which 
$1,435,000,000 shall become available on October 1, 2009, and shall 
remain available through September 30, 2010, for academic year 2009-
2010: Provided, That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation and 
modernization of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, That from 
the funds referred to in the preceding proviso, not less than 
$1,500,000 shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso, and 
$1,500,000 shall be for a grant to the University of Hawaii School of 
Law for a Center of Excellence in Native Hawaiian law: Provided 
further, That funds made available to carry out part C of title VII of 
the ESEA may be used for construction: Provided further, That up to 100 
percent of the funds available to a State educational agency under part 
D of title II of the ESEA may be used for subgrants described in 
section 2412(a)(2)(B) of such Act: Provided further, That $410,732,000 
shall be for State assessments and related activities authorized under 
sections 6111 and 6112 of the ESEA: 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 $34,463,000 
shall be available to carry out part D of title V of the ESEA: Provided 
further, That no funds appropriated under this heading may be used to 
carry out section 5494 under the ESEA: Provided further, That 
$17,687,000 shall be available to carry out the Supplemental Education 
Grants program for the Federated States of Micronesia and the Republic 
of the Marshall Islands: Provided further, That up to 5 percent of 
these amounts may be reserved by the Federated States of Micronesia and 
the Republic of the Marshall Islands to administer the Supplemental 
Education Grants programs and to obtain technical assistance, oversight 
and consultancy services in the administration of these grants and to 
reimburse the United States Departments of Labor, Health and Human 
Services, and Education for such services: Provided further, That 
$7,360,000 of the funds available for the Foreign Language Assistance 
Program shall be available for 5-year grants to local educational 
agencies that would work in partnership with one or more institutions 
of higher education to establish or expand articulated programs of 
study in languages critical to United States national security that 
will enable successful students to advance from elementary school 
through college to achieve a superior level of proficiency in those 
languages.

                            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, $119,564,000.

                       Innovation and Improvement

    For carrying out activities authorized by 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 II of subtitle A of title VI of the America COMPETES Act, 
$944,314,000: 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 for 
technical assistance and dissemination of information: Provided 
further, That $293,607,000 shall be available to carry out part D of 
title V of the ESEA: Provided further, That $46,480,000 of the funds 
for subpart 1, part D of title V of the ESEA shall be available for the 
projects and in the amounts specified in the Committee report of the 
Senate accompanying this Act: Provided further, That $97,270,000 of the 
funds for subpart 1, 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 
teacher and principal compensation systems 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 of the funds available for part B of title V of the ESEA, 
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 funds available for part II of subtitle A of 
title VI of the America COMPETES Act shall first be used for grants 
under section 1704 of the ESEA and for continuation grants under 
section 1705 of the ESEA.

                 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, $666,384,000, 
of which $294,759,000 shall become available on July 1, 2009, and 
remain available through September 30, 2010: Provided, That 
$294,759,000 shall be available for subpart 1 of part A of title IV and 
$209,708,000 shall be available for subpart 2 of part A of title IV, of 
which $1,474,000, 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 $130,000,000 shall be available to carry out 
part D of title V.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965, $730,000,000, which shall become 
available on July 1, 2009, and shall remain available through September 
30, 2010, except that 6.5 percent of such amount shall be available on 
October 1, 2008, and shall remain available through September 30, 2010, 
to carry out activities under section 3111(c)(1)(C).

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, 
$12,511,631,000, of which $4,594,366,000 shall become available on July 
1, 2009, and shall remain available through September 30, 2010, and of 
which $7,647,444,000 shall become available on October 1, 2009, and 
shall remain available through September 30, 2010, for academic year 
2009-2010: Provided, That $13,500,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support activities under section 
674(c)(1)(D) of the IDEA: Provided further, That $1,474,000 shall be 
for the recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the 
Individuals with Disabilities Education Improvement Act of 2004) to 
provide information on diagnosis, intervention, and teaching strategies 
for children with disabilities: Provided further, That the amount for 
section 611(b)(2) of the IDEA shall be equal to the lesser of the 
amount available for that activity during fiscal year 2008, increased 
by the amount of inflation as specified in section 619(d)(2)(B) of the 
IDEA, or the percentage increase in the funds appropriated under 
section 611(i) of the IDEA: 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 hosted in the United States, and up to $3,000,000 can be 
used to support the 2009 World Winter Games in Boise, Idaho.

            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, $3,379,109,000: Provided, That 
$1,850,000 of the funds for section 303 of the Rehabilitation Act of 
1973 shall be available for the projects and in the amounts specified 
in the Committee report of the Senate accompanying this Act.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $22,500,000.

               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, $62,000,000, of which 
$1,175,000 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, $124,000,000, of which $6,000,000 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, and title VIII-D of the Higher Education 
Amendments of 1998, $1,863,162,000, of which $1,072,162,000 shall 
become available on July 1, 2009, and shall remain available through 
September 30, 2010, and of which $791,000,000 shall become available on 
October 1, 2009, and shall remain available through September 30, 2010: 
Provided, That of the amount provided for Adult Education State Grants, 
$67,896,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of 
the United States Citizenship and Immigration Services data for 
immigrants admitted for legal permanent residence for the 10 most 
recent years, and 35 percent allocated to States that experienced 
growth as measured by the average of the 3 most recent years for which 
United States Citizenship and Immigration Services data for immigrants 
admitted for legal permanent residence are available, except that no 
State shall be allocated an amount less than $60,000: Provided further, 
That of the amounts made available for the Adult Education and Family 
Literacy Act, $6,878,000 shall be for national leadership activities 
under section 243 and $6,468,000 shall be for the National Institute 
for Literacy under section 242.

                      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, $18,761,809,000, which 
shall remain available through September 30, 2010.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2009-2010 shall be $4,310.
    Of the funds made available under section 401A(e)(1)(D) of the 
Higher Education Act of 1965, $659,000,000 shall not be available until 
October 1, 2009.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title 
IV of the Higher Education Act of 1965, $704,843,000, 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, part I of subtitle A of title VI of the 
America COMPETES Act, section 515 of the Federal Mine Safety and Health 
Act of 1977, and section 117 of the Carl D. Perkins Career and 
Technical Education Act of 2006, $1,856,214,000: Provided, That 
$9,530,000, to remain available through September 30, 2010, shall be 
available to fund fellowships for academic year 2010-2011 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 is 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 funds made available 
under section 499A of the HEA for institutions identified in section 
499A(a)(4) may be used for any activity authorized in section 317 of 
such Act: Provided further, That the funds provided for title II of the 
HEA shall be allocated notwithstanding section 210 of such Act: 
Provided further, That $1,000,000 shall be available for expenses 
associated with section 515 of the Federal Mine Safety and Health Act 
of 1977: Provided further, That the Secretary of Education shall 
identify scholarships authorized by such section as ``Erma Byrd 
Scholarships'': Provided further, That the Secretary shall issue 
regulations, pursuant to such section, to establish a scholarship 
program that would increase the skilled workforce for industrial health 
and safety occupations in the public and private sector, authorize 
contributions for such scholarships from private sources, and award 
scholarships without regard to the prior work experience of an 
applicant: Provided further, That $41,228,000 of the funds for part B 
of title VII of the HEA shall be available for the projects and in the 
amounts specified in the Committee report of the Senate accompanying 
this Act.

                           Howard University

    For partial support of Howard University, $233,244,000, of which 
not less than $3,464,000 shall be for a matching endowment grant 
pursuant to the Howard University Endowment Act (Public Law 98-480) 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

    Notwithstanding the limitations contained in section 344(a) of the 
Higher Education Act of 1965 (``HEA''), the aggregate principal amount 
of outstanding bonds insured under the Historically Black College and 
University Capital Financing Program is authorized to equal but not 
exceed $725,000,000, which may be used for loans to public and private 
historically black colleges and universities without regard to 
paragraphs (1) and (2) of section 344(a).
    For the cost of guaranteed loans, $10,000,000, as authorized 
pursuant to title III, part D of the HEA: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $53,000,000. In 
addition, for administrative expenses to carry out the Historically 
Black College and University Capital Financing Program entered into 
pursuant to part D of title III of the HEA, $354,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $642,442,000, of which $347,580,000 shall be available 
until September 30, 2010: 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: Provided further, That up to $5,000,000 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.

                        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, $427,939,000, of which $7,939,000, 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, $89,612,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $54,539,000.

                           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. None of the funds made available in this Act may be used 
to promulgate, implement, or enforce any revision to the regulations in 
effect under section 496 of the Higher Education Act of 1965 on June 1, 
2007, until legislation specifically requiring such revision is 
enacted.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2009''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary of the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,094,000.

             Corporation for National and Community Service

      national and community service programs, operating expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service to carry out the Domestic Volunteer Service Act of 
1973 (``1973 Act'') and the National and Community Service Act of 1990 
(``1990 Act''), $810,235,000, of which $307,585,000 is to carry out the 
1973 Act and $502,650,000 is to carry out the 1990 Act: Provided, That 
$27,500,000 of the amount provided under this heading shall remain 
available until September 30, 2010 to carry out subtitle E of the 1990 
Act at five campuses throughout the United States: Provided further, 
That 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: 
Provided further, That none of the funds made available under this 
heading for activities authorized by section 122 and part E of title II 
of the 1973 Act shall be used to provide stipends or other monetary 
incentives to program participants or volunteer leaders whose incomes 
exceed the income guidelines in subsections 211(e) and 213(b) of the 
1973 Act: Provided further, That notwithstanding subtitle H of title I 
of the 1990 Act, none of the funds provided for quality and innovation 
activities shall be used to support salaries and related expenses 
(including travel) attributable to Corporation for National and 
Community Service employees: Provided further, That, for fiscal year 
2009 and thereafter, in addition to amounts otherwise provided to the 
National Service Trust under this heading, at no later than the end of 
the fifth fiscal year after the fiscal year for which funds are 
appropriated or otherwise made available, unobligated balances of 
appropriations available for grants under the National Service Trust 
Program under subtitle C of title I of the 1990 Act during such fiscal 
year may be transferred to the National Service Trust after notice is 
transmitted to Congress, if such funds are initially obligated before 
the expiration of their period of availability as provided: Provided 
further, That of the amounts provided under this heading: (1) 
$132,110,000, to remain available until expended, shall be transferred 
to the National Service Trust to carry out subtitle D of title I of the 
1990 Act: Provided further, That the Corporation may transfer 
additional funds from the amount provided for activities authorized in 
the 1990 Act to the National Service Trust authorized under subtitle D 
of title I of the 1990 Act, upon determination that such transfer is 
necessary to support the activities of national service participants 
and after notice is transmitted to the Congress; (2) not more than 
$55,000,000 of funding provided for grants under the National Service 
Trust program authorized under subtitle C of title I of the 1990 Act 
may be used to administer, reimburse, or support any national service 
program authorized under section 129(d)(2) of such Act; and (3) 
$11,790,000 shall be to provide assistance to State commissions on 
national and community service, under section 126(a) of the 1990 Act 
and notwithstanding section 501(a)(4) of the 1990 Act.

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(4) 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, $71,715,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $6,512,000.

                       administrative provisions

    Sec. 401. Notwithstanding any other provision of law, the term 
``qualified student loan'' with respect to national service education 
awards shall mean any loan determined by an institution of higher 
education to be necessary to cover a student's cost of attendance at 
such institution and made, insured, or guaranteed directly to a student 
by a State agency, in addition to other meanings under section 
148(b)(7) of the National and Community Service Act of 1990.
    Sec. 402. Notwithstanding any other provision of law, funds made 
available under section 129(d)(5)(B) of the National and Community 
Service Act of 1990 (``1990 Act'') to assist entities in placing 
applicants who are individuals with disabilities may be provided to any 
entity that receives a grant under section 121 of the 1990 Act.
    Sec. 403. The Corporation for National and Community Service shall 
make any significant changes to program requirements, service delivery 
or policy only through public notice and comment rulemaking. For fiscal 
year 2009, 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. 404. Professional Corps programs described in section 
122(a)(8) of the National and Community Service Act of 1990 may apply 
to the Corporation for a waiver of application of section 140(c)(2).
    Sec. 405. Notwithstanding 31 U.S.C. 1342, the Corporation for 
National and Community Service (``the Corporation'') may solicit and 
accept the services of organizations and individuals (other than 
participants) to assist the Corporation in carrying out the duties of 
the Corporation under the national service laws: Provided, That an 
individual who provides services under this section shall be subject to 
the same protections and limitations as volunteers under section 196(a) 
of the National and Community Service Act of 1990.
    Sec. 406. Organizations operating projects under the AmeriCorps 
Education Awards Program shall do so without regard to the requirements 
of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of 
the National and Community Service Act of 1990.
    Sec. 407. 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. 408. Notwithstanding any other provision of law, formula-based 
grants to States and territories under section 129(a)(1)-(2) of the 
National and Community Service Act of 1990 to operate AmeriCorps 
programs may be made if the application describes proposed positions 
into which participants will be placed and the proposed minimum 
qualifications of such participants, and includes an assurance that the 
State will select national service programs for subgrants on a 
competitive basis, and an assurance that the aforementioned information 
will be provided for each subgrant awarded prior to the execution of 
such subgrants.
    Sec. 409. Of the amounts provided in this Act which the Corporation 
allocates for the provision of assistance under subsections 129(a) and 
(b) of the National and Community Service Act of 1990 (``1990 Act''), 
the Corporation shall apply the formula in section 129(a)(1) of the 
1990 Act in such a manner so as to ensure that each State shall receive 
a minimum of $500,000: Provided, That, in no event shall the total 
amount allotted under section 129(a)(1) exceed 33\1/3\ percent of the 
funds allocated by the Corporation for the provision of assistance 
under subsections 129(a) and (b) of the 1990 Act.
    Sec. 410. Notwithstanding section 139(b) of the National and 
Community Service Act of 1990 (``1990 Act''), an individual in an 
approved national service position performing full-time or part-time 
national service directly related to disaster relief efforts may 
continue in that term of service for a period of 6 months beyond the 
periods otherwise specified in sections 139(b) and 153(e) of the 1990 
Act or section 104 of the Domestic Volunteer Service Act of 1973. 
Service in an extended term as provided under this section shall 
constitute a single term of service for purposes of sections 146(b) and 
(c) of the 1990 Act.
    Sec. 411. Donations made to the Corporation 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 2011, $430,000,000: Provided, That no funds 
made available to the Corporation by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex: Provided further, That no 
funds made available to the Corporation by this Act shall be used to 
apply any political test or qualification in selecting, appointing, 
promoting, or taking any other personnel action with respect to 
officers, agents, and employees of the Corporation: Provided further, 
That for fiscal year 2009, in addition to the amounts provided above, 
$29,181,000 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: Provided 
further, That for fiscal year 2009, in addition to the amounts provided 
above, $26,283,000 is available pursuant to section 396(k)(10) of the 
Communications Act of 1934 for replacement and upgrade of the public 
radio interconnection system: Provided further, That none of the funds 
made available to the Corporation by this Act, division G of the 
Consolidated Appropriations Act, 2008, or the Continuing Appropriations 
Resolution, 2007, shall be used to support the Television Future Fund 
or any similar purpose.

               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, Public Law 
95-454, $44,826,000: Provided, That notwithstanding 31 U.S.C. 3302, 
fees charged, up to full-cost recovery, for special training activities 
and other conflict resolution services and technical assistance, 
including those provided to foreign governments and international 
organizations, and for arbitration services shall be credited to and 
merged with this account, and shall remain available until expended: 
Provided further, That fees for arbitration services shall be available 
only for education, training, and professional development of the 
agency workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $8,653,000.

                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, 
$258,960,000: Provided, That funds may be made available for support 
through inter-agency agreement or grant to commemorative Federal 
commissions that support museum and library activities, in partnership 
with libraries and museums that are eligible for funding under programs 
carried out by the Institute of Museum and Library Services.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,403,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                     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, $3,206,000.

                     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, $262,595,207: 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, $11,186,000.

                       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, $72,000,000, 
which shall include amounts becoming available in fiscal year 2009 
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, 2010, 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, $105,463,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $7,806,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,406,000.

                  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, 
$30,429,875,000, 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 2010, $15,400,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $9,991,000,000 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 $2,000,000 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 2009 not needed for fiscal 
year 2009 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    From funds provided under the first paragraph, not less than 
$264,000,000 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, $240,000,000, for additional continuing 
disability reviews and redeterminations of eligibility: 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, $145,000,000 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 2009 
exceed $145,000,000, the amounts shall be available in fiscal year 2010 
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, 
$28,000,000, together with not to exceed $70,127,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $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. Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection 
of any illegal drug.
    Sec. 506. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act (21 U.S.C. 812) except for normal and recognized executive-
congressional communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d), 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 516. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2009, 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 2009, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 518. 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 2009, but 
not to include grants awarded on a formula basis. Such report shall 
include the name of the contractor or grantee, the amount of funding, 
and the governmental purpose. 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. Each Afghan alien granted special immigrant status under 
section 101(a)(27) of the Immigration and Nationality Act shall, during 
the first 8 months in such status, be considered to be a refugee for 
purposes of eligibility for resettlement assistance, entitlement 
programs, and other benefits available to refugees admitted under 
section 207 of such Act.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2009''.
                                                       Calendar No. 866

110th CONGRESS

  2d Session

                                S. 3230

                          [Report No. 110-410]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2009, and for other purposes.

_______________________________________________________________________

                              July 8, 2008

                 Read twice and placed on the calendar