II 

Calendar No. 178 

112TH CONGRESS 

1ST SESSION S. 1599 

[Report No. 112–84] 

Making appropriations for Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending 

September 30, 2012, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

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 Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2012, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for De5 partments of Labor, Health and Human Services, and 
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1 Education, and related agencies for the fiscal year ending 

2 September 30, 2012, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Workforce Investment 

9 Act of 1998 (referred to in this Act as ‘‘WIA’’), the Sec10 ond Chance Act of 2007, and the Women in Apprentice11 ship and Non-Traditional Occupations Act of 1992 

12 (‘‘WANTO’’), including the purchase and hire of pas13 senger motor vehicles, the construction, alteration, and re14 pair of buildings and other facilities, and the purchase of 

15 real property for training centers as authorized by the 

16 WIA, $3,310,247,000, plus reimbursements, shall be 

17 available. Of the amounts provided: 

18 (1) for grants to States for adult employment 

19 and training activities, youth activities, and dis20 located worker employment and training activities, 

21 $2,660,268,000 as follows: 

22 (A) $770,922,000 for adult employment 

23 and training activities, of which $58,922,000 

24 shall be available for the period July 1, 2012, 

25 through June 30, 2013, and of which 
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1 $712,000,000 shall be available for the period 

2 October 1, 2012 through June 30, 2013; 

3 (B) $825,914,000 for youth activities, 

4 which shall be available for the period April 1, 

5 2012 through June 30, 2013; and 

6 (C) $1,063,432,000 for dislocated worker 

7 employment and training activities, of which 

8 $203,432,000 shall be available for the period 

9 July 1, 2012 through June 30, 2013, and of 

10 which $860,000,000 shall be available for the 

11 period October 1, 2012 through June 30, 2013: 

12 Provided, That notwithstanding the transfer limita13 tion under section 133(b)(4) of the WIA, up to 30 

14 percent of such funds may be transferred by a local 

15 board if approved by the Governor: Provided further, 

16 That a local board may award a contract to an insti17 tution of higher education or other eligible training 

18 provider if the local board determines that it would 

19 facilitate the training of multiple individuals in high20 demand occupations, if such contract does not limit 

21 customer choice: Provided further, That notwith22 standing section 128(a)(1) of the WIA, the amount 

23 available to the Governor for statewide workforce in24 vestment activities shall not exceed 5 percent of the 
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1 amount allotted to the State from each of the appro2 priations under the preceding subparagraphs; 

3 (2) for federally administered programs, 

4 $542,053,000 as follows: 

5 (A) $224,112,000 for the dislocated work6 ers assistance national reserve, of which 

7 $24,112,000 shall be available for the period 

8 July 1, 2012 through June 30, 2013, and of 

9 which $200,000,000 shall be available for the 

10 period October 1, 2012 through June 30, 2013: 

11 Provided, That funds provided to carry out sec12 tion 132(a)(2)(A) of the WIA may be used to 

13 provide assistance to a State for statewide or 

14 local use in order to address cases where there 

15 have been worker dislocations across multiple 

16 sectors or across multiple local areas and such 

17 workers remain dislocated; coordinate the State 

18 workforce development plan with emerging eco19 nomic development needs; and train such eligi20 ble dislocated workers: Provided further, That 

21 funds provided to carry out section 171(d) of 

22 the WIA may be used for demonstration 

23 projects that provide assistance to new entrants 

24 in the workforce and incumbent workers: Pro25 vided further, That none of the funds shall be 
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1 obligated to carry out section 173(e) of the 

2 WIA; 

3 (B) $52,652,000 for Native American pro4 grams, which shall be available for the period 

5 July 1, 2012 through June 30, 2013; 

6 (C) $84,451,000 for migrant and seasonal 

7 farmworker programs under section 167 of the 

8 WIA, including $78,253,000 for formula grants 

9 (of which not less than 70 percent shall be for 

10 employment and training services), $5,689,000 

11 for migrant and seasonal housing (of which not 

12 less than 70 percent shall be for permanent 

13 housing), and $509,000 for other discretionary 

14 purposes, which shall be available for the period 

15 July 1, 2012 through June 30, 2013: Provided, 

16 That notwithstanding any other provision of 

17 law or related regulation, the Department of 

18 Labor shall take no action limiting the number 

19 or proportion of eligible participants receiving 

20 related assistance services or discouraging 

21 grantees from providing such services; 

22 (D) $998,000 for carrying out the 

23 WANTO, which shall be available for the period 

24 July 1, 2012 through June 30, 2013; and 
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1 (E) $79,840,000 for YouthBuild activities 

2 as described in section 173A of the WIA, which 

3 shall be available for the period April 1, 2012 

4 through June 30, 2013; and 

5 (F) $100,000,000 to be available to the 

6 Secretary of Labor (referred to in this title as 

7 ‘‘Secretary’’) for the Workforce Innovation 

8 Fund to carry out projects that demonstrate in9 novative strategies or replicate effective evi10 dence-based strategies that align and strength11 en the workforce investment system in order to 

12 improve program delivery and education and 

13 employment outcomes for beneficiaries, which 

14 shall be for the period July 1, 2012, through 

15 September 30, 2013: Provided, That amounts 

16 shall be available for awards to States or State 

17 agencies that are eligible for assistance under 

18 any program authorized under the WIA, con19 sortia of States, or partnerships, including re20 gional partnerships: Provided further, That not 

21 more than 5 percent of the funds available for 

22 workforce innovation activities shall be for tech23 nical assistance and evaluations related to the 

24 projects carried out with these funds; 
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1 (3) for national activities, $107,926,000, as fol2 lows: 

3 (A) $10,480,000, in addition to any 

4 amounts available under paragraph (2), for Pi5 lots, Demonstrations, and Research, which shall 

6 be available for the period April 1, 2012 

7 through June 30, 2013: Provided, That funds 

8 for program year 2011 that were designated for 

9 grants to address the employment and training 

10 needs of young parents may be used for other 

11 pilots, demonstration and research activities; 

12 (B) $75,390,000 for ex-offender activities, 

13 under the authority of section 171 of the WIA 

14 and section 212 of the Second Chance Act of 

15 2007, which shall be available for the period 

16 April 1, 2012 through June 30, 2013, notwith17 standing the requirements of section 

18 171(b)(2)(B) or 171(c)(4)(D) of the WIA: Pro19 vided, That of this amount, $20,000,000 shall 

20 be for competitive grants to national and re21 gional intermediaries for activities that prepare 

22 young ex-offenders and school dropouts for em23 ployment, with a priority for projects serving 

24 high-crime, high-poverty areas; 
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1 (C) $9,581,000 for Evaluation, which shall 

2 be available for the period July 1, 2012 through 

3 June 30, 2013; and 

4 (D) $12,475,000 for the Workforce Data 

5 Quality Initiative, under the authority of section 

6 171(c)(2) of the WIA, which shall be available 

7 for the period July 1, 2012 through June 30, 

8 2013, and which shall not be subject to the re9 quirements of section 171(c)(4)(D). 

10 OFFICE OF JOBS CORPS

11 To carry out subtitle C of title I of the WIA, includ12 ing Federal administrative expenses, the purchase and 

13 hire of passenger motor vehicles, the construction, alter14 ation and repairs of buildings and other facilities, and the 

15 purchase of real property for training centers as author16 ized by the WIA, $1,706,171,000, plus reimbursements, 

17 as follows: 

18 (1) $1,572,049,000 for Job Corps Operations, 

19 of which $981,049,000 shall be available for obliga20 tion for the period July 1, 2012 through June 30, 

21 2013 and of which $591,000,000 shall be available 

22 for obligation for the period October 1, 2012 

23 through June 30, 2013; 

24 (2) $104,990,000 for construction, rehabilita25 tion and acquisition of Job Corps Centers, of which 
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1 $4,990,000 shall be available for the period July 1, 

2 2012 through June 30, 2015 and $100,000,000 

3 shall be available for the period October 1, 2012 

4 through June 30, 2015: Provided, That the Sec5 retary may transfer up to 15 percent of such funds 

6 to meet the operational needs of such centers or to 

7 achieve administrative efficiencies: Provided further, 

8 That any funds transferred pursuant to the pre9 ceding proviso shall not be available for obligation 

10 after June 30, 2013; and 

11 (3) $29,132,000 for necessary expenses of the 

12 Office of Job Corps, which shall be available for obli13 gation for the period October 1, 2011 through Sep14 tember 30, 2012: 

15 Provided, That no funds from any other appropriation 

16 shall be used to provide meal services at or for Job Corps 

17 centers. 

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19 AMERICANS

20 To carry out title V of the Older Americans Act of 

21 1965 (‘‘OAA’’), $449,100,000, which shall be available for 

22 the period July 1, 2012 through June 30, 2013, and may 

23 be recaptured and reobligated in accordance with section 

24 517(c) of the OAA. 
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1 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

2 For payments during fiscal year 2012 of trade ad3 justment benefit payments and allowances under part I 

4 of subchapter B of chapter 2 of title II of the Trade Act 

5 of 1974, and section 246 of that Act; and for training, 

6 employment and case management services, allowances for 

7 job search and relocation, and related State administrative 

8 expenses under part II of subchapter B of chapter 2 of 

9 title II of the Trade Act of 1974, including benefit pay10 ments, allowances, training, and related State administra11 tion provided pursuant to paragraphs (1) and (2) of sec12 tion 1891(b) of the Trade and Globalization Adjustment 

13 Assistance Act of 2009, $1,100,100,000, together with 

14 such amounts as may be necessary to be charged to the 

15 subsequent appropriation for payments for any period sub16 sequent to September 15, 2012. 

17 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

18 SERVICE OPERATIONS

19 For authorized administrative expenses, 

20 $86,231,000, together with not to exceed $4,008,441,000 

21 which may be expended from the Employment Security 

22 Administration Account in the Unemployment Trust Fund 

23 (‘‘the Trust Fund’’), of which: 

24 (1) $3,231,154,000 from the Trust Fund is for 

25 grants to States for the administration of State un-
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1 employment insurance laws as authorized under title 

2 III of the Social Security Act (which includes all 

3 amounts available to conduct in-person re-employ4 ment and eligibility assessments and unemployment 

5 insurance improper payment reviews), the adminis6 tration of unemployment insurance for Federal em7 ployees and for ex-service members as authorized 

8 under 5 U.S.C. 8501–8523, and the administration 

9 of trade readjustment allowances, re-employment 

10 trade adjustment assistance, and alternative trade 

11 adjustment assistance under the Trade Act of 1974 

12 and under section 1891(b) of the Trade and 

13 Globalization Adjustment Assistance Act of 2009, 

14 and shall be available for obligation by the States 

15 through December 31, 2012, except that funds used 

16 for automation acquisitions or for competitive grants 

17 to be awarded to States to address worker 

18 misclassification, system improvements or improper 

19 payments shall be available for obligation by the 

20 States through September 30, 2014, and funds used 

21 for unemployment insurance workloads experienced 

22 by the States through September 30, 2012, shall be 

23 available for Federal obligation through December 

24 31, 2012; 
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1 (2) $11,287,000 from the Trust Fund is for na2 tional activities necessary to support the administra3 tion of the Federal-State unemployment insurance 

4 system; 

5 (3) $679,531,000 from the Trust Fund, to6 gether with $22,638,000 from the General Fund of 

7 the Treasury, is for grants to States in accordance 

8 with section 6 of the Wagner-Peyser Act, and shall 

9 be available for Federal obligation for the period 

10 July 1, 2012 through June 30, 2013; 

11 (4) $20,952,000 from the Trust Fund is for na12 tional activities of the Employment Service, includ13 ing administration of the work opportunity tax cred14 it under section 51 of the Internal Revenue Code of 

15 1986, and the provision of technical assistance and 

16 staff training under the Wagner-Peyser Act, includ17 ing not to exceed $1,228,000 that may be used for 

18 amortization payments to States which had inde19 pendent retirement plans in their State employment 

20 service agencies prior to 1980; 

21 (5) $65,517,000 from the Trust Fund is for the 

22 administration of foreign labor certifications and re23 lated activities under the Immigration and Nation24 ality Act and related laws, of which $50,418,000 

25 shall be available for the Federal administration of 
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1 such activities, and $15,099,000 shall be available 

2 for grants to States for the administration of such 

3 activities; and 

4 (6) $63,593,000 from the General Fund is to 

5 provide workforce information, national electronic 

6 tools, and one-stop system building under the Wag7 ner-Peyser Act and section 171 (e)(2)(C) of the 

8 WIA and shall be available for Federal obligation for 

9 the period July 1, 2012 through June 30, 2013: 

10 Provided, That to the extent that the Average Weekly In11 sured Unemployment (‘‘AWIU’’) for fiscal year 2012 is 

12 projected by the Department of Labor to exceed 

13 4,832,000, an additional $28,600,000 from the Trust 

14 Fund shall be available for obligation for every 100,000 

15 increase in the AWIU level (including a pro rata amount 

16 for any increment less than 100,000) to carry out title 

17 III of the Social Security Act: Provided further, That 

18 funds appropriated in this Act that are allotted to a State 

19 to carry out activities under title III of the Social Security 

20 Act may be used by such State to assist other States in 

21 carrying out activities under such title III if the other 

22 States include areas that have suffered a major disaster 

23 declared by the President under the Robert T. Stafford 

24 Disaster Relief and Emergency Assistance Act: Provided 

25 further, That the Secretary may use funds appropriated 
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1 for grants to States under title III of the Social Security 

2 Act to make payments on behalf of States for the use of 

3 the National Directory of New Hires under section 

4 453(j)(8) of such Act: Provided further, That funds appro5 priated in this Act which are used to establish a national 

6 one-stop career center system, or which are used to sup7 port the national activities of the Federal-State unemploy8 ment insurance or immigration programs, may be obli9 gated in contracts, grants, or agreements with non-State 

10 entities: Provided further, That funds appropriated under 

11 this Act for activities authorized under title III of the So12 cial Security Act and the Wagner-Peyser Act may be used 

13 by States to fund integrated Unemployment Insurance 

14 and Employment Service automation efforts, notwith15 standing cost allocation principles prescribed under the 

16 Office of Management and Budget Circular A–87: Pro17 vided further, That the Secretary, at the request of a State 

18 participating in a consortium with other States, may 

19 reallot funds allotted to such State under title III of the 

20 Social Security Act to other States participating in the 

21 consortium in order to carry out activities that benefit the 

22 administration of the unemployment compensation law of 

23 the State making the request. 
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1 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

2 OTHER FUNDS

3 For repayable advances to the Unemployment Trust 

4 Fund as authorized by sections 905(d) and 1203 of the 

5 Social Security Act, and to the Black Lung Disability 

6 Trust Fund as authorized by section 9501(c)(1) of the In7 ternal Revenue Code of 1986; and for nonrepayable ad8 vances to the Unemployment Trust Fund as authorized 

9 by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment 

10 Benefits and Allowances’’ account, such sums as may be 

11 necessary, which shall be available for obligation through 

12 September 30, 2013. 

13 PROGRAM ADMINISTRATION

14 For expenses of administering employment and train15 ing programs, $97,320,000, together with not to exceed 

16 $50,040,000 which may be expended from the Employ17 ment Security Administration Account in the Unemploy18 ment Trust Fund. 

19 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses for the Employee Benefits 

22 Security Administration, $195,528,000. 
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1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation (‘‘Cor4 poration’’) is authorized to make such expenditures, in5 cluding financial assistance authorized by subtitle E of 

6 title IV of the Employee Retirement Income Security Act 

7 of 1974, within limits of funds and borrowing authority 

8 available to the Corporation, and in accord with law, and 

9 to make such contracts and commitments without regard 

10 to fiscal year limitations, as provided by 31 U.S.C. 9104, 

11 as may be necessary in carrying out the program, includ12 ing associated administrative expenses, through Sep13 tember 30, 2012, for the Corporation: Provided, That 

14 none of the funds available to the Corporation for fiscal 

15 year 2012 shall be available for obligations for administra16 tive expenses in excess of $476,901,000: Provided further, 

17 That to the extent that the number of new plan partici18 pants in plans terminated by the Corporation exceeds 

19 100,000 in fiscal year 2012, an amount not to exceed an 

20 additional $9,200,000 shall be available through Sep21 tember 30, 2013 for obligation for administrative expenses 

22 for every 20,000 additional terminated participants: Pro23 vided further, That an additional $50,000 shall be made 

24 available through September 30, 2013, for obligation for 

25 investment management fees for every $25,000,000 in as-
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1 sets received by the Corporation as a result of new plan 

2 terminations or asset growth, after approval by the Office 

3 of Management and Budget and notification of the Com4 mittees on Appropriations of the House of Representatives 

5 and the Senate: Provided further, That obligations in ex6 cess of the amounts provided in this paragraph may be 

7 incurred for unforeseen and extraordinary pretermination 

8 expenses or extraordinary multiemployer program related 

9 expenses after approval by the Office of Management and 

10 Budget and notification of the Committees on Appropria11 tions of the House of Representatives and the Senate. 

12 WAGE AND HOUR DIVISION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Wage and Hour Divi15 sion, including reimbursement to State, Federal, and local 

16 agencies and their employees for inspection services ren17 dered, $227,491,000. 

18 OFFICE OF LABOR MANAGEMENT STANDARDS

19 SALARIES AND EXPENSES

20 For necessary expenses for the Office of Labor Man21 agement Standards, $41,367,000. 
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1 OFFICE OF FEDERAL CONTRACT COMPLIANCE

2 PROGRAMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the Office of Federal Con5 tract Compliance Programs, $105,386,000. 

6 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Workers’ 

9 Compensation Programs, $115,939,000, together with 

10 $2,124,000 which may be expended from the Special Fund 

11 in accordance with sections 39(c), 44(d), and 44(j) of the 

12 Longshore and Harbor Worker’s Compensation Act. 

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during 

17 the current or any prior fiscal year authorized by 5 U.S.C. 

18 81; continuation of benefits as provided for under the 

19 heading ‘‘Civilian War Benefits’’ in the Federal Security 

20 Agency Appropriation Act, 1947; the Employees’ Com21 pensation Commission Appropriation Act, 1944; sections 

22 4(c) and 5(f) of the War Claims Act of 1948; and 50 per23 cent of the additional compensation and benefits required 

24 by section 10(h) of the Longshore and Harbor Workers’ 

25 Compensation Act, $350,000,000, together with such 
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1 amounts as may be necessary to be charged to the subse2 quent year appropriation for the payment of compensation 

3 and other benefits for any period subsequent to August 

4 15 of the current year: Provided, That amounts appro5 priated may be used under 5 U.S.C. 8104 by the Secretary 

6 to reimburse an employer, who is not the employer at the 

7 time of injury, for portions of the salary of a re-employed, 

8 disabled beneficiary: Provided further, That balances of re9 imbursements unobligated on September 30, 2011, shall 

10 remain available until expended for the payment of com11 pensation, benefits, and expenses: Provided further, That 

12 in addition there shall be transferred to this appropriation 

13 from the Postal Service and from any other corporation 

14 or instrumentality required under 5 U.S.C. 8147(c) to pay 

15 an amount for its fair share of the cost of administration, 

16 such sums as the Secretary determines to be the cost of 

17 administration for employees of such fair share entities 

18 through September 30, 2012: Provided further, That of 

19 those funds transferred to this account from the fair share 

20 entities to pay the cost of administration of the Federal 

21 Employees’ Compensation Act, $59,488,000 shall be made 

22 available to the Secretary as follows: 

23 (1) For enhancement and maintenance of auto24 mated data processing systems and telecommuni25 cations systems, $17,253,000; 
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1 (2) For automated workload processing oper2 ations, including document imaging, centralized mail 

3 intake, and medical bill processing, $26,769,000; 

4 (3) For periodic roll management and medical 

5 review, $15,466,000; and 

6 (4) The remaining funds shall be paid into the 

7 Treasury as miscellaneous receipts: 

8 Provided further, That the Secretary may require that any 

9 person filing a notice of injury or a claim for benefits 

10 under 5 U.S.C. 81, or the Longshore and Harbor Work11 ers’ Compensation Act, provide as part of such notice and 

12 claim, such identifying information (including Social Secu13 rity account number) as such regulations may prescribe. 

14 SPECIAL BENEFITS FOR DISABLED COAL MINERS

15 For carrying out title IV of the Federal Mine Safety 

16 and Health Act of 1977, as amended by Public Law 107– 

17 275, $141,227,000, to remain available until expended. 

18 For making after July 31 of the current fiscal year, 

19 benefit payments to individuals under title IV of such Act, 

20 for costs incurred in the current fiscal year, such amounts 

21 as may be necessary. 

22 For making benefit payments under title IV for the 

23 first quarter of fiscal year 2013, $40,000,000, to remain 

24 available until expended. 
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1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $52,147,000, to remain available until expended: Pro6 vided, That the Secretary may require that any person fil7 ing a claim for benefits under the Act provide as part of 

8 such claim, such identifying information (including Social 

9 Security account number) as may be prescribed. 

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Such sums as may be necessary from the Black Lung 

13 Disability Trust Fund (‘‘Fund’’), to remain available until 

14 expended, for payment of all benefits authorized by section 

15 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code 

16 of 1986; and repayment of, and payment of interest on 

17 advances, as authorized by section 9501(d)(4) of that Act. 

18 In addition, the following amounts may be expended from 

19 the Fund for fiscal year 2012 for expenses of operation 

20 and administration of the Black Lung Benefits program, 

21 as authorized by section 9501(d)(5): not to exceed 

22 $32,906,000 for transfer to the Office of Workers’ Com23 pensation Programs ‘‘Salaries and Expenses’’; not to ex24 ceed $25,217,000 for transfer to Departmental Manage25 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 
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1 for transfer to Departmental Management, ‘‘Office of In2 spector General’’; and not to exceed $356,000 for pay3 ments into miscellaneous receipts for the expenses of the 

4 Department of the Treasury. 

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Occupational Safety 

8 and Health Administration, $561,119,000, including not 

9 to exceed $104,393,000 which shall be the maximum 

10 amount available for grants to States under section 23(g) 

11 of the Occupational Safety and Health Act (‘‘Act’’), which 

12 grants shall be no less than 50 percent of the costs of 

13 State occupational safety and health programs required to 

14 be incurred under plans approved by the Secretary under 

15 section 18 of the Act; and, in addition, notwithstanding 

16 31 U.S.C. 3302, the Occupational Safety and Health Ad17 ministration may retain up to $200,000 per fiscal year 

18 of training institute course tuition fees, otherwise author19 ized by law to be collected, and may utilize such sums for 

20 occupational safety and health training and education: 

21 Provided, That notwithstanding 31 U.S.C. 3302, the Sec22 retary is authorized, during the fiscal year ending Sep23 tember 30, 2012, to collect and retain fees for services 

24 provided to Nationally Recognized Testing Laboratories, 

25 and may utilize such sums, in accordance with the provi-
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1 sions of 29 U.S.C. 9a, to administer national and inter2 national laboratory recognition programs that ensure the 

3 safety of equipment and products used by workers in the 

4 workplace: Provided further, That none of the funds ap5 propriated under this paragraph shall be obligated or ex6 pended to prescribe, issue, administer, or enforce any 

7 standard, rule, regulation, or order under the Act which 

8 is applicable to any person who is engaged in a farming 

9 operation which does not maintain a temporary labor 

10 camp and employs 10 or fewer employees: Provided fur11 ther, That no funds appropriated under this paragraph 

12 shall be obligated or expended to administer or enforce 

13 any standard, rule, regulation, or order under the Act with 

14 respect to any employer of 10 or fewer employees who is 

15 included within a category having a Days Away, Re16 stricted, or Transferred (DART) occupational injury and 

17 illness rate, at the most precise industrial classification 

18 code for which such data are published, less than the na19 tional average rate as such rates are most recently pub20 lished by the Secretary, acting through the Bureau of 

21 Labor Statistics, in accordance with section 24 of the Act, 

22 except— 

23 (1) to provide, as authorized by the Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies; 
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1 (2) to conduct an inspection or investigation in 

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and 

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for 

6 any willful violations found; 

7 (3) to take any action authorized by the Act 

8 with respect to imminent dangers; 

9 (4) to take any action authorized by the Act 

10 with respect to health hazards; 

11 (5) to take any action authorized by the Act 

12 with respect to a report of an employment accident 

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees, 

15 and to take any action pursuant to such investiga16 tion authorized by the Act; and 

17 (6) to take any action authorized by the Act 

18 with respect to complaints of discrimination against 

19 employees for exercising rights under the Act: 

20 Provided further, That the foregoing proviso shall not 

21 apply to any person who is engaged in a farming operation 

22 which does not maintain a temporary labor camp and em23 ploys 10 or fewer employees: Provided further, That 

24 $10,729,000 shall be available for Susan Harwood train25 ing grants. 
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for the Mine Safety and 

5 Health Administration, $371,500,000, including purchase 

6 and bestowal of certificates and trophies in connection 

7 with mine rescue and first-aid work, and the hire of pas8 senger motor vehicles, including up to $2,000,000 for 

9 mine rescue and recovery activities; in addition, not to ex10 ceed $750,000 may be collected by the National Mine 

11 Health and Safety Academy for room, board, tuition, and 

12 the sale of training materials, otherwise authorized by law 

13 to be collected, to be available for mine safety and health 

14 education and training activities, notwithstanding 31 

15 U.S.C. 3302; and, in addition, the Mine Safety and Health 

16 Administration may retain up to $1,475,000 from fees col17 lected for the approval and certification of equipment, ma18 terials, and explosives for use in mines, and may utilize 

19 such sums for such activities; and, in addition, the Sec20 retary may transfer from amounts provided under this 

21 heading up to $2,000,000 to ‘‘Departmental Manage22 ment’’ for activities related to the Office of the Solicitor’s 

23 caseload before the Federal Mine Safety and Health Re24 view Commission; the Secretary is authorized to accept 

25 lands, buildings, equipment, and other contributions from 
26 

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1 public and private sources and to prosecute projects in co2 operation with other agencies, Federal, State, or private; 

3 the Mine Safety and Health Administration is authorized 

4 to promote health and safety education and training in 

5 the mining community through cooperative programs with 

6 States, industry, and safety associations; the Secretary is 

7 authorized to recognize the Joseph A. Holmes Safety As8 sociation as a principal safety association and, notwith9 standing any other provision of law, may provide funds 

10 and, with or without reimbursement, personnel, including 

11 service of Mine Safety and Health Administration officials 

12 as officers in local chapters or in the national organiza13 tion; and any funds available to the Department of Labor 

14 may be used, with the approval of the Secretary, to pro15 vide for the costs of mine rescue and survival operations 

16 in the event of a major disaster. 

17 BUREAU OF LABOR STATISTICS

18 SALARIES AND EXPENSES

19 For necessary expenses for the Bureau of Labor Sta20 tistics, including advances or reimbursements to State, 

21 Federal, and local agencies and their employees for serv22 ices rendered, $542,921,000, together with not to exceed 

23 $68,303,000 which may be expended from the Employ24 ment Security Administration Account in the Unemploy25 ment Trust Fund, of which $1,500,000 may be used to 
27 

•S 1599 PCS

1 fund the mass layoff statistics program under section 15 

2 of the Wagner-Peyser Act. 

3 OFFICE OF DISABILITY EMPLOYMENT POLICY

4 SALARIES AND EXPENSES

5 For necessary expenses for the Office of Disability 

6 Employment Policy to provide leadership, develop policy 

7 and initiatives, and award grants furthering the objective 

8 of eliminating barriers to the training and employment of 

9 people with disabilities, $38,953,000. 

10 DEPARTMENTAL MANAGEMENT

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for Departmental Manage14 ment, including the hire of three sedans, $366,535,000, 

15 together with not to exceed $326,000, which may be ex16 pended from the Employment Security Administration Ac17 count in the Unemployment Trust Fund: Provided, That 

18 $66,500,000 for the Bureau of International Labor Af19 fairs shall be available for obligation through December 

20 31, 2012: Provided further, That funds available to the 

21 Bureau of International Labor Affairs may be used to ad22 minister or operate international labor activities, bilateral 

23 and multilateral technical assistance, and microfinance 

24 programs, by or through contracts, grants, subgrants and 

25 other arrangements: Provided further, That $40,000,000 
28 

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1 shall be for programs to combat exploitative child labor 

2 internationally: Provided further, That not less than 

3 $6,500,000 shall be used to implement model programs 

4 that address worker rights issues through technical assist5 ance in countries with which the United States has free 

6 trade agreements or trade preference programs: Provided 

7 further, That funds available for the acquisition of Depart8 mental information technology, architecture, infrastruc9 ture, equipment, software and related needs may be allo10 cated to agencies of the Department by the Department’s 

11 Chief Information Officer: Provided further, That 

12 $8,500,000 shall be used for program evaluation and shall 

13 be available for obligation through September 30, 2013: 

14 Provided further, That funds available for program evalua15 tion may be transferred to any other appropriate account 

16 in the Department for such purpose: Provided further, 

17 That the funds available to the Women’s Bureau may be 

18 used for grants to serve and promote the interests of 

19 women in the workforce. 

20 VETERANS EMPLOYMENT AND TRAINING

21 Not to exceed $210,735,000 may be derived from the 

22 Employment Security Administration Account in the Un23 employment Trust Fund to carry out the provisions of 38 

24 U.S.C. 4100–4113, 4211–4215, and 4321–4327, and 

25 Public Law 103–353, and which shall be available for obli-
29 

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1 gation by the States through December 31, 2012, of which 

2 $2,444,000 is for the National Veterans’ Employment and 

3 Training Services Institute. 

4 In addition, to carry out Department of Labor pro5 grams under section 5(a)(1) of the Homeless Veterans 

6 Comprehensive Assistance Act of 2001 and the Veterans 

7 Workforce Investment Programs under section 168 of the 

8 Workforce Investment Act, $47,879,000, of which 

9 $9,622,000 shall be available for obligation for the period 

10 July 1, 2012 through June 30, 2013. 

11 OFFICE OF INSPECTOR GENERAL

12 For salaries and expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978, $77,937,000, together with not to 

15 exceed $5,909,000 which may be expended from the Em16 ployment Security Administration Account in the Unem17 ployment Trust Fund. 

18 GENERAL PROVISIONS

19 SEC. 101. None of the funds appropriated in this Act 

20 for the Job Corps shall be used to pay the salary of an 

21 individual, either as direct costs or any proration as an 

22 indirect cost, at a rate in excess of Executive Level I. 

23 (TRANSFER OF FUNDS)

24 SEC. 102. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and 
30 

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1 Emergency Deficit Control Act of 1985) which are appro2 priated for the current fiscal year for the Department of 

3 Labor in this Act may be transferred between a program, 

4 project, or activity, but no such program, project, or activ5 ity shall be increased by more than 3 percent by any such 

6 transfer: Provided, That the transfer authority granted by 

7 this section shall not be used to create any new program 

8 or to fund any project or activity for which no funds are 

9 provided in this Act: Provided further, That the Commit10 tees on Appropriations of the House of Representatives 

11 and the Senate are notified at least 15 days in advance 

12 of any transfer. 

13 SEC. 103. In accordance with Executive Order No. 

14 13126, none of the funds appropriated or otherwise made 

15 available pursuant to this Act shall be obligated or ex16 pended for the procurement of goods mined, produced, 

17 manufactured, or harvested or services rendered, whole or 

18 in part, by forced or indentured child labor in industries 

19 and host countries already identified by the United States 

20 Department of Labor prior to enactment of this Act. 

21 SEC. 104. None of the funds made available to the 

22 Department of Labor for grants under section 414(c) of 

23 the American Competitiveness and Workforce Improve24 ment Act of 1998 may be used for any purpose other than 

25 training in the occupations and industries for which em-
31 

•S 1599 PCS

1 ployers are using H–1B visas to hire foreign workers, and 

2 the related activities necessary to support such training. 

3 SEC. 105. None of the funds appropriated in this Act 

4 under the heading ‘‘Employment and Training Adminis5 tration’’ shall be used by a recipient or subrecipient of 

6 such funds to pay the salary and bonuses of an individual, 

7 either as direct costs or indirect costs, at a rate in excess 

8 of Executive Level II. This limitation shall not apply to 

9 vendors providing goods and services as defined in Office 

10 of Management and Budget Circular A–133. Where 

11 States are recipients of such funds, States may establish 

12 a lower limit for salaries and bonuses of those receiving 

13 salaries and bonuses from subrecipients of such funds, 

14 taking into account factors including the relative cost-of15 living in the State, the compensation levels for comparable 

16 State or local government employees, and the size of the 

17 organizations that administer Federal programs involved 

18 including Employment and Training Administration pro19 grams. Notwithstanding this section, the limitation on sal20 aries for the Job Corps shall continue to be governed by 

21 section 101 of this Act. 

22 SEC. 106. The Secretary shall take no action to 

23 amend, through regulatory or administration action, the 

24 definition established in section 667.220 of title 20 of the 

25 Code of Federal Regulations for functions and activities 
32 

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1 under title I of WIA, or to modify, through regulatory or 

2 administrative action, the procedure for redesignation of 

3 local areas as specified in subtitle B of title I of that Act 

4 (including applying the standards specified in section 

5 116(a)(3)(B) of that Act, but notwithstanding the time 

6 limits specified in section 116(a)(3)(B) of that Act), until 

7 such time as legislation reauthorizing the Act is enacted. 

8 Nothing in the preceding sentence shall permit or require 

9 the Secretary to withdraw approval for such redesignation 

10 from a State that received the approval not later than Oc11 tober 12, 2005, or to revise action taken or modify the 

12 redesignation procedure being used by the Secretary in 

13 order to complete such redesignation for a State that initi14 ated the process of such redesignation by submitting any 

15 request for such redesignation not later than October 26, 

16 2005. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 107. Funds available to the Employment and 

19 Training Administration under this Act under Public Law 

20 112–10, either directly or through a set-aside, for tech21 nical assistance services to grantees may be transferred 

22 to ‘‘Program Administration’’ when it is determined that 

23 those services will be more efficiently performed by Fed24 eral employees. 
33 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 108. (a) The Secretary may reserve not more 

3 than 0.5 percent from each appropriation made available 

4 in this Act identified in subsection (b) in order to carry 

5 out evaluations of any of the programs or activities that 

6 are funded under such accounts. Any funds reserved under 

7 this section shall be transferred to ‘‘Departmental Man8 agement’’ for use by the Office of the Chief Evaluation 

9 Officer within the Department of Labor, and shall be 

10 available for obligation through September 30, 2013: Pro11 vided, That such funds shall only be available if the Chief 

12 Evaluation Officer of the Department of Labor submits 

13 a plan to the Committees on Appropriations of the House 

14 of Representatives and the Senate describing the evalua15 tions to be carried out 15 days in advance of any transfer. 

16 (b) The accounts referred to in subsection (a) are: 

17 ‘‘Office of Job Corps’’, ‘‘State Unemployment Insurance 

18 and Employment Service Operations’’, ‘‘Employee Bene19 fits Security Administration’’, ‘‘Office of Workers’ Com20 pensation Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office 

21 of Federal Contract Compliance Programs’’, ‘‘Office of 

22 Labor Management Standards’’, ‘‘Occupational Safety 

23 and Health Administration’’, ‘‘Mine Safety and Health 

24 Administration’’, and ‘‘Veterans Employment and Train25 ing’’. 
34 

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1 SEC. 109. None of the amounts made available under 

2 this Act may be used to enforce the rule entitled ‘‘Wage 

3 Methodology for the Temporary Non-Agricultural Em4 ployment H–2B Program’’ (76 Fed. Reg. 3452 (January 

5 19, 2011)). 

6 This title may be cited as the ‘‘Department of Labor 

7 Appropriations Act, 2012’’. 

8 TITLE II 

9 DEPARTMENT OF HEALTH AND HUMAN 

10 SERVICES 

11 HEALTH RESOURCES AND SERVICES ADMINISTRATION

12 HEALTH RESOURCES AND SERVICES

13 For carrying out titles II, III, IV, VII, VIII, X, XI, 

14 XII, XIX, and XXVI of the Public Health Service Act (re15 ferred to in this Act as ‘‘PHS Act’’), section 427(a) of 

16 the Federal Coal Mine Health and Safety Act, title V and 

17 sections 711, 1128E, and 1820 of the Social Security Act, 

18 the Health Care Quality Improvement Act of 1986, the 

19 Native Hawaiian Health Care Act of 1988, the Cardiac 

20 Arrest Survival Act of 2000, section 712 of the American 

21 Jobs Creation Act of 2004, and the Stem Cell Therapeutic 

22 and Research Act of 2005, $6,204,517,000, of which 

23 $41,118,000 from general revenues, notwithstanding sec24 tion 1820(j) of the Social Security Act, shall be available 

25 for carrying out the Medicare rural hospital flexibility 
35 

•S 1599 PCS

1 grants program under such section: Provided, That of the 

2 funds made available under this heading for carrying out 

3 the Medicare rural hospital flexibility grant program, 

4 $1,000,000 shall be to carry out section 1820(g)(6) of the 

5 Social Security Act: Provided further, That amounts pro6 vided for such grants shall be available for the purchase 

7 and implementation of telehealth services, including pilots 

8 and demonstrations on the use of electronic health records 

9 to coordinate rural veterans care between rural providers 

10 and the Department of Veterans Affairs through the use 

11 of the VISTA-Electronic Health Record: Provided further, 

12 That sections 747(c)(2), 751(j)(2), and the proportional 

13 funding amounts in paragraphs (1) through (4) of section 

14 756(e) of the PHS Act shall not apply to funds made 

15 available in this paragraph: Provided further, That of the 

16 funds made available under this heading, $129,000 shall 

17 be available until expended for facilities renovations at the 

18 Gillis W. Long Hansen’s Disease Center: Provided further, 

19 That in addition to fees authorized by section 427(b) of 

20 the Health Care Quality Improvement Act of 1986, fees 

21 shall be collected for the full disclosure of information 

22 under the Act sufficient to recover the full costs of oper23 ating the National Practitioner Data Bank, and shall re24 main available until expended to carry out that Act: Pro25 vided further, That fees collected for the full disclosure of 
36 

•S 1599 PCS

1 information under the ‘‘Health Care Fraud and Abuse 

2 Data Collection Program’’, authorized by section 

3 1128E(d)(2) of the Social Security Act, shall be sufficient 

4 to recover the full costs of operating the program, and 

5 shall remain available until expended to carry out that 

6 Act: Provided further, That no more than $40,000 shall 

7 be available until expended for carrying out the provisions 

8 of section 224(o) of the PHS Act including associated ad9 ministrative expenses and relevant evaluations: Provided 

10 further, That no more than $100,000,000 shall be avail11 able until expended for carrying out the provisions of Pub12 lic Law 104–73 and for expenses incurred by the Depart13 ment of Health and Human Services (referred to in this 

14 title as ‘‘HHS’’) pertaining to administrative claims made 

15 under such law: Provided further, That of the funds made 

16 available under this heading, $299,400,000 shall be for 

17 the program under title X of the PHS Act to provide for 

18 voluntary family planning projects: Provided further, That 

19 amounts provided to said projects under such title shall 

20 not be expended for abortions, that all pregnancy coun21 seling shall be nondirective, and that such amounts shall 

22 not be expended for any activity (including the publication 

23 or distribution of literature) that in any way tends to pro24 mote public support or opposition to any legislative pro25 posal or candidate for public office: Provided further, That 
37 

•S 1599 PCS

1 of the funds available under this heading, $1,995,670,000 

2 shall remain available to the Secretary of HHS (referred 

3 to in this title as ‘‘Secretary’’) through September 30, 

4 2014, for parts A and B of title XXVI of the PHS Act: 

5 Provided further, That within the amounts provided for 

6 part A of title XXVI of the PHS Act, $6,021,000 shall 

7 be available to the Secretary through September 30, 2014, 

8 and shall be available to qualifying jurisdictions, within 

9 30 days of enactment, for increasing supplemental grants 

10 for fiscal year 2012 to metropolitan and transitional areas 

11 that received grant funding in fiscal year 2011 under sub12 parts I and II of part A of title XXVI of the PHS Act 

13 to ensure that an area’s total funding under subparts I 

14 and II of part A for fiscal year 2012, together with the 

15 amount of this additional funding, is not less than 92.4 

16 percent of the amount of such area’s total funding under 

17 part A for fiscal year 2006: Provided further, That not18 withstanding section 2603(c)(1) of the PHS Act, the addi19 tional funding to areas under the immediately preceding 

20 proviso, which may be used for costs incurred during fiscal 

21 year 2011, shall be available to the area for obligation 

22 from the date of the award through the end of the grant 

23 year for the award: Provided further, That within amounts 

24 provided for part B of title XXVI of the PHS Act, 

25 $900,000,000 shall be for State AIDS Drug Assistance 
38 

•S 1599 PCS

1 Programs authorized by section 311(c) or section 2616 of 

2 the PHS Act: Provided further, That in addition to 

3 amounts provided herein, $25,000,000 shall be available 

4 from amounts available under section 241 of the PHS Act 

5 to carry out parts A, B, C, and D of title XXVI of the 

6 PHS Act to fund section 2691 Special Projects of Na7 tional Significance: Provided further, That notwith8 standing sections 502(a)(1) and 502(b)(1) of the Social 

9 Security Act, not to exceed $60,171,000 shall be available 

10 for carrying out special projects of regional and national 

11 significance pursuant to section 501(a)(2) of such Act and 

12 up to $10,400,000 shall be available for projects described 

13 in paragraphs (A) through (F) of section 501(a)(3) of 

14 such Act: Provided further, That funds available to carry 

15 out section 846 of the PHS Act and the National Health 

16 Service Corps may be used to make prior year adjustments 

17 to prior year awards made under these sections: Provided 

18 further, That notwithstanding section 338J(k) of the PHS 

19 Act, $10,055,000 shall be available for State Offices of 

20 Rural Health: Provided further, That, for any program op21 erating under section 751 of the PHS Act on or before 

22 January 1, 2009, the Secretary may waive any of the re23 quirements contained in sections 751(d)(2)(A) and 

24 751(d)(2)(B) of such Act: Provided further, That notwith25 standing section 399BB(g) of the PHS Act, funds made 
39 

•S 1599 PCS

1 available under this heading for section 399BB of the 

2 PHS Act are for carrying out the program as authorized 

3 under section 399BB(a)–(f) of such Act: Provided further, 

4 That the Secretary may collect a fee of 0.1 percent of each 

5 purchase of 340B drugs from entities participating in the 

6 Drug Pricing Program pursuant to section 340B of the 

7 PHS Act to pay for the operating costs of such program: 

8 Provided further, That fees pursuant to the 340B Drug 

9 Pricing Program shall be collected by manufacturers at 

10 the time of sale, and shall be credited to this account, to 

11 remain available until expended. 

12 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

13 ACCOUNT

14 Such sums as may be necessary to carry out the pur15 pose of the program, as authorized by title VII of the PHS 

16 Act. For administrative expenses to carry out the guaran17 teed loan program, including section 709 of the PHS Act, 

18 $2,841,000. 

19 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

20 For payments from the Vaccine Injury Compensation 

21 Program Trust Fund (‘‘Trust Fund’’), such sums as may 

22 be necessary for claims associated with vaccine-related in23 jury or death with respect to vaccines administered after 

24 September 30, 1988, pursuant to subtitle 2 of title XXI 

25 of the PHS Act, to remain available until expended: Pro-
40 

•S 1599 PCS

1 vided, That for necessary administrative expenses, not to 

2 exceed $6,489,000 shall be available from the Trust Fund 

3 to the Secretary. 

4 CENTERS FOR DISEASE CONTROL AND PREVENTION

5 DISEASE CONTROL, RESEARCH, AND TRAINING

6 To carry out titles II, III, VII, XI, XV, XVII, XIX, 

7 XXI, XXIII, and XXVI of the PHS Act, sections 101, 

8 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal 

9 Mine Safety and Health Act of 1977, section 13 of the 

10 Mine Improvement and New Emergency Response Act of 

11 2006, sections 20, 21, and 22 of the Occupational Safety 

12 and Health Act of 1970, titles II and IV of the Immigra13 tion and Nationality Act, section 501 of the Refugee Edu14 cation Assistance Act of 1980, and for expenses necessary 

15 to support activities related to countering potential biologi16 cal, nuclear, radiological, and chemical threats to civilian 

17 populations; including purchase and insurance of official 

18 motor vehicles in foreign countries; and purchase, hire, 

19 maintenance, and operation of aircraft, $5,765,735,000, 

20 of which $30,000,000 shall remain available until ex21 pended for business services, equipment, construction and 

22 renovation of facilities; of which $561,001,000 shall re23 main available until expended for the Strategic National 

24 Stockpile under section 319F–2 of the PHS Act; of which 

25 $118,741,000 for international HIV/AIDS shall remain 
41 

•S 1599 PCS

1 available through September 30, 2013; of which 

2 $10,000,000 shall remain available through September 

3 30, 2013 for incentive grants related to tobacco policies: 

4 Provided, That in addition, such sums as may be derived 

5 from authorized user fees, which shall be credited to this 

6 account and shall be available until expended: Provided 

7 further, That in addition to amounts provided herein, the 

8 following amounts shall be available from amounts avail9 able under section 241 of the PHS Act: (1) $12,864,000 

10 to carry out the National Immunization Surveys; (2) 

11 $138,683,000 to carry out the National Center for Health 

12 Statistics surveys; (3) $109,086,000 to carry out Public 

13 Health Scientific Services; and (4) $106,724,000 to carry 

14 out research activities within the National Occupational 

15 Research Agenda: Provided further, That none of the 

16 funds made available for injury prevention and control at 

17 the Centers for Disease Control and Prevention (referred 

18 to in this title as ‘‘CDC’’) may be used, in whole or in 

19 part, to advocate or promote gun control: Provided further, 

20 That of the funds made available under this heading, up 

21 to $1,000 per eligible employee of the CDC shall be made 

22 available until expended for Individual Learning Accounts: 

23 Provided further, That the Director of CDC may redirect 

24 the total amount made available under authority of Public 

25 Law 101–502, section 3, dated November 3, 1990, to ac-
42 

•S 1599 PCS

1 tivities the Director of CDC may so designate: Provided 

2 further, That the Committees on Appropriations of the 

3 House of Representatives and the Senate are to be notified 

4 promptly of any such redirection: Provided further, That 

5 funds available under this heading shall be available for 

6 making grants under section 1509 of the PHS Act to not 

7 less than 21 States, tribes, or tribal organizations: Pro8 vided further, That of the funds appropriated, $10,000 

9 shall be for official reception and representation expenses 

10 when specifically approved by the Director of CDC: Pro11 vided further, That employees of the CDC or the Public 

12 Health Service, both civilian and Commissioned Officers, 

13 detailed to States, municipalities, or other organizations 

14 under authority of section 214 of the PHS Act, or in over15 seas assignments, shall be treated as non-Federal employ16 ees for reporting purposes only and shall not be included 

17 within any personnel ceiling applicable to the Agency, 

18 Service, or the Department of HHS during the period of 

19 detail or assignment: Provided further, That the CDC may 

20 establish a Working Capital Fund, with the authorities 

21 equivalent to those provided in 42 U.S.C. 231, to improve 

22 the provision of supplies and service: Provided further, 

23 That unobligated amounts provided for Business Services 

24 Support in fiscal year 2012 may be transferred to the 

25 Working Capital Fund: Provided further, That funds made 
43 

•S 1599 PCS

1 available for the Epidemiology-Laboratory Capacity 

2 Grants program shall be available notwithstanding para3 graphs (1)–(3) of subsection (b) of section 2821 of the 

4 PHS Act. 

5 In addition, for necessary expenses to administer the 

6 Energy Employees Occupational Illness Compensation 

7 Program Act, $55,358,000, to remain available until ex8 pended, of which $4,500,000 shall be for use by or in sup9 port of the Advisory Board on Radiation and Worker 

10 Health (‘‘Board’’) to carry out its statutory responsibil11 ities, including obtaining audits, technical assistance, and 

12 other support from the Board’s audit contractor with re13 gard to radiation dose estimation and reconstruction ef14 forts, site profiles, procedures, and review of Special Expo15 sure Cohort petitions and evaluation reports: Provided, 

16 That this amount shall be available consistent with the 

17 provision regarding administrative expenses in section 

18 151(b) of division B, title I of Public Law 106–554. 

19 NATIONAL INSTITUTES OF HEALTH

20 NATIONAL CANCER INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to cancer, $5,001,623,000, of which up 

23 to $8,000,000 may be used for facilities repairs and im24 provements at the National Cancer Institute—Frederick 
44 

•S 1599 PCS

1 Federally Funded Research and Development Center in 

2 Frederick, Maryland. 

3 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

4 For carrying out section 301 and title IV of the PHS 

5 Act with respect to cardiovascular, lung, and blood dis6 eases, and blood and blood products, $3,036,189,000. 

7 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

8 RESEARCH

9 For carrying out section 301 and title IV of the PHS 

10 Act with respect to dental disease, $404,997,000. 

11 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

12 KIDNEY DISEASES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to diabetes and digestive and kidney dis15 ease, $1,772,045,000. 

16 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

17 AND STROKE

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to neurological disorders and stroke, 

20 $1,603,741,000. 

21 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

22 DISEASES

23 (INCLUDING TRANSFER OF FUNDS)

24 For carrying out section 301 and title IV of the PHS 

25 Act with respect to allergy and infectious diseases, 
45 

•S 1599 PCS

1 $4,725,288,000: Provided, That $299,000,000 may be 

2 made available to International Assistance Programs 

3 ‘‘Global Fund to Fight HIV/AIDS, Malaria, and Tuber4 culosis’’, to remain available until expended. 

5 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

6 For carrying out section 301 and title IV of the PHS 

7 Act with respect to general medical sciences, 

8 $2,347,309,000. 

9 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

10 CHILD HEALTH AND HUMAN DEVELOPMENT

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to child health and human development, 

13 $1,303,016,000. 

14 NATIONAL EYE INSTITUTE

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to eye diseases and visual disorders, 

17 $692,938,000. 

18 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

19 SCIENCES

20 For carrying out section 301 and title IV of the PHS 

21 Act with respect to environmental health sciences, 

22 $676,033,000. 

23 NATIONAL INSTITUTE ON AGING

24 For carrying out section 301 and title IV of the PHS 

25 Act with respect to aging, $1,088,091,000. 
46 

•S 1599 PCS

1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to arthritis and musculoskeletal and skin 

5 diseases, $528,332,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to deafness and other communication dis10 orders, $410,482,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to nursing research, $142,755,000. 

14 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

15 ALCOHOLISM

16 For carrying out section 301 and title IV of the PHS 

17 Act with respect to alcohol abuse and alcoholism, 

18 $453,127,000. 

19 NATIONAL INSTITUTE ON DRUG ABUSE

20 For carrying out section 301 and title IV of the PHS 

21 Act with respect to drug abuse, $1,038,714,000. 

22 NATIONAL INSTITUTE OF MENTAL HEALTH

23 For carrying out section 301 and title IV of the PHS 

24 Act with respect to mental health, $1,460,671,000. 
47 

•S 1599 PCS

1 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

2 For carrying out section 301 and title IV of the PHS 

3 Act with respect to human genome research, 

4 $505,738,000. 

5 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

6 BIOENGINEERING

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to biomedical imaging and bioengineering 

9 research, $333,671,000. 

10 NATIONAL CENTER FOR COMPLEMENTARY AND

11 ALTERNATIVE MEDICINE

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to complementary and alternative medi14 cine, $126,275,000. 

15 NATIONAL INSTITUTE ON MINORITY HEALTH AND

16 HEALTH DISPARITIES

17 For carrying out section 301 and title IV of the PHS 

18 Act with respect to minority health and health disparities 

19 research, including the implementation of any planned re20 organization related to the transfer of the Research Cen21 ters in Minority Institutions program from the National 

22 Center for Research Resources, $272,650,000. 
48 

•S 1599 PCS

1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities of the John E. Fogarty 

3 International Center (described in subpart 2 of part E of 

4 title IV of the PHS Act), $68,653,000. 

5 NATIONAL LIBRARY OF MEDICINE

6 For carrying out section 301 and title IV of the PHS 

7 Act with respect to health information communications, 

8 $358,979,000, of which $4,000,000 shall be available until 

9 expended for improvement of information systems: Pro10 vided, That in fiscal year 2012, the National Library of 

11 Medicine may enter into personal services contracts for the 

12 provision of services in facilities owned, operated, or con13 structed under the jurisdiction of the National Institutes 

14 of Health (referred to in this title as ‘‘NIH’’): Provided 

15 further, That in addition to amounts provided herein, 

16 $8,200,000 shall be available from amounts available 

17 under section 241 of the PHS Act to carry out the pur18 poses of the National Information Center on Health Serv19 ices Research and Health Care Technology established 

20 under section 478A of the PHS Act and related health 

21 services. 

22 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

23 SCIENCES

24 For carrying out section 301 and title IV of the PHS 

25 Act with respect to translational sciences, $582,326,000: 
49 

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1 Provided, That up to $20,000,000 shall be available to im2 plement section 402C of the PHS Act, relating to the 

3 Cures Acceleration Network. 

4 OFFICE OF THE DIRECTOR

5 For carrying out the responsibilities of the Office of 

6 the Director, NIH, $1,439,064,000, of which up to 

7 $25,000,000 shall be used to carry out section 213 of this 

8 Act: Provided, That funding shall be available for the pur9 chase of not to exceed 29 passenger motor vehicles for re10 placement only: Provided further, That the NIH is author11 ized to collect third party payments for the cost of clinical 

12 services that are incurred in NIH research facilities and 

13 that such payments shall be credited to the NIH Manage14 ment Fund: Provided further, That all funds credited to 

15 such Fund shall remain available for one fiscal year after 

16 the fiscal year in which they are deposited: Provided fur17 ther, That $537,811,000 shall be available for the Com18 mon Fund established under section 402A(c)(1) of the 

19 PHS Act: Provided further, That of the funds provided 

20 $10,000 shall be for official reception and representation 

21 expenses when specifically approved by the Director of the 

22 NIH: Provided further, That the Office of AIDS Research 

23 within the Office of the Director of the NIH may spend 

24 up to $8,000,000 to make grants for construction or ren-
50 

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1 ovation of facilities as provided for in section 

2 2354(a)(5)(B) of the PHS Act. 

3 BUILDINGS AND FACILITIES

4 For the study of, construction of, renovation of, and 

5 acquisition of equipment for, facilities of or used by the 

6 NIH, including the acquisition of real property, 

7 $125,581,000, to remain available until expended. 

8 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

9 ADMINISTRATION

10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

11 CENTER FOR MENTAL HEALTH SERVICES

12 For carrying out titles III, V, and XIX of the PHS 

13 Act with respect to mental health, and the Protection and 

14 Advocacy for Individuals with Mental Illness Act, 

15 $949,643,000: Provided, That notwithstanding section 

16 520A(f)(2) of the PHS Act, no funds appropriated for car17 rying out section 520A shall be available for carrying out 

18 section 1971 of the PHS Act: Provided further, That in 

19 addition to amounts provided herein, $20,997,000 shall be 

20 available under section 241 of the PHS Act to carry out 

21 subpart I of part B of title XIX of the PHS Act to fund 

22 section 1920(b) technical assistance, national data, data 

23 collection and evaluation activities, and further that the 

24 total available under this Act for section 1920(b) activities 

25 shall not exceed 5 percent of the amounts appropriated 
51 

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1 for subpart I of part B of title XIX: Provided further, That 

2 section 520E(b)(2) of the PHS Act shall not apply to 

3 funds appropriated under this Act for fiscal year 2012: 

4 Provided further, That of the amount appropriated under 

5 this heading, $40,800,000 shall be for the National Child 

6 Traumatic Stress Initiative as described in section 582 of 

7 the PHS Act. 

8 CENTER FOR SUBSTANCE ABUSE TREATMENT

9 For carrying out titles III, V, and XIX of the PHS 

10 Act with respect to substance abuse treatment and section 

11 1922(a) of the PHS Act with respect to substance abuse 

12 prevention, $2,113,027,000: Provided, That in addition to 

13 amounts provided herein, the following amounts shall be 

14 available under section 241 of the PHS Act: (1) 

15 $79,200,000 to carry out subpart II of part B of title XIX 

16 of the PHS Act to fund technical assistance, national 

17 data, data collection and evaluation activities under sec18 tion 1935(b) of such Act, and further that the total avail19 able under this Act for section 1935(b) activities shall not 

20 exceed 5 percent of the amounts appropriated for subpart 

21 II of part B of title XIX; and (2) $2,000,000 to evaluate 

22 substance abuse treatment programs. 

23 CENTER FOR SUBSTANCE ABUSE PREVENTION

24 For carrying out titles III and V of the PHS Act 

25 with respect to substance abuse prevention, $186,361,000. 
52 

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1 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

2 For program support in carrying out titles III, V and 

3 XIX of the PHS Act and the Protection and Advocacy 

4 for Individuals with Mental Illness Act in the Substance 

5 Abuse and Mental Health Services Administration, 

6 $105,606,000: Provided, That in addition to amounts pro7 vided herein, $27,428,000 shall be available under section 

8 241 of the PHS Act to supplement funds available to 

9 carry out national surveys on drug abuse and mental 

10 health, to collect and analyze program data, and to con11 duct public awareness and technical assistance activities: 

12 Provided further, That funds made available under this 

13 heading may be used to supplement program support 

14 funding provided under the headings ‘‘Center for Mental 

15 Health Services’’, ‘‘Center for Substance Abuse Preven16 tion’’, and ‘‘Center for Substance Abuse Treatment’’. 

17 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

18 HEALTHCARE RESEARCH AND QUALITY

19 For carrying out titles III and IX of the PHS Act, 

20 part A of title XI of the Social Security Act, and section 

21 1013 of the Medicare Prescription Drug, Improvement, 

22 and Modernization Act of 2003, $372,053,000 shall be 

23 available from amounts available under section 241 of the 

24 PHS Act, notwithstanding subsection 947(c) of such Act: 

25 Provided, That in addition, amounts received from Free-
53 

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1 dom of Information Act fees, reimbursable and inter2 agency agreements, and the sale of data shall be credited 

3 to this appropriation and shall remain available until ex4 pended. 

5 CENTERS FOR MEDICARE AND MEDICAID SERVICES

6 GRANTS TO STATES FOR MEDICAID

7 For carrying out, except as otherwise provided, titles 

8 XI and XIX of the Social Security Act, $184,279,110,000, 

9 to remain available until expended. 

10 For making, after May 31, 2012, payments to States 

11 under title XIX or in the case of section 1928 on behalf 

12 of States under title XIX of the Social Security Act for 

13 the last quarter of fiscal year 2012 for unanticipated 

14 costs, incurred for the current fiscal year, such sums as 

15 may be necessary. 

16 For making payments to States or in the case of sec17 tion 1928 on behalf of States under title XIX of the Social 

18 Security Act for the first quarter of fiscal year 2013, 

19 $90,614,082,000, to remain available until expended. 

20 Payment under title XIX may be made for any quar21 ter with respect to a State plan or plan amendment in 

22 effect during such quarter, if submitted in or prior to such 

23 quarter and approved in that or any subsequent quarter. 
54 

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1 PAYMENTS TO HEALTH CARE TRUST FUNDS

2 For payment to the Federal Hospital Insurance 

3 Trust Fund and the Federal Supplementary Medical In4 surance Trust Fund, as provided under sections 217(g), 

5 1844, and 1860D–16 of the Social Security Act, sections 

6 103(c) and 111(d) of the Social Security Amendments of 

7 1965, section 278(d) of Public Law 97–248, and for ad8 ministrative expenses incurred pursuant to section 201(g) 

9 of the Social Security Act, $231,012,000,000. 

10 In addition, for making matching payments under 

11 section 1844, and benefit payments under section 1860D– 

12 16 of the Social Security Act, not anticipated in budget 

13 estimates, such sums as may be necessary. 

14 PROGRAM MANAGEMENT

15 For carrying out, except as otherwise provided, titles 

16 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

17 XIII and XXVII of the PHS Act, the Clinical Laboratory 

18 Improvement Amendments of 1988, and other responsibil19 ities of the Centers for Medicare and Medicaid Services, 

20 not to exceed $4,044,876,000, to be transferred from the 

21 Federal Hospital Insurance Trust Fund and the Federal 

22 Supplementary Medical Insurance Trust Fund, as author23 ized by section 201(g) of the Social Security Act; together 

24 with all funds collected in accordance with section 353 of 

25 the PHS Act and section 1857(e)(2) of the Social Security 
55 

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1 Act, funds retained by the Secretary pursuant to section 

2 302 of the Tax Relief and Health Care Act of 2006; and 

3 such sums as may be collected from authorized user fees 

4 and the sale of data, which shall be credited to this ac5 count and remain available until expended: Provided, That 

6 all funds derived in accordance with 31 U.S.C. 9701 from 

7 organizations established under title XIII of the PHS Act 

8 shall be credited to and available for carrying out the pur9 poses of this appropriation: Provided further, That 

10 $34,000,000, to remain available through September 30, 

11 2013, shall be for contract costs for the Healthcare Inte12 grated General Ledger Accounting System: Provided fur13 ther, That the Secretary is directed to collect fees in fiscal 

14 year 2012 from Medicare Advantage organizations pursu15 ant to section 1857(e)(2) of the Social Security Act and 

16 from eligible organizations with risk-sharing contracts 

17 under section 1876 of that Act pursuant to section 

18 1876(k)(4)(D) of that Act. 

19 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

20 In addition to amounts otherwise available for pro21 gram integrity and program management, $581,000,000, 

22 to remain available through September 30, 2013, to be 

23 transferred from the Federal Hospital Insurance Trust 

24 Fund and the Federal Supplementary Medical Insurance 

25 Trust Fund, as authorized by section 201(g) of the Social 
56 

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1 Security Act, of which $345,715,000 shall be for the Medi2 care Integrity Program at the Centers for Medicare and 

3 Medicaid Services, including administrative costs, to con4 duct oversight activities for Medicare Advantage and the 

5 Medicare Prescription Drug Program authorized in title 

6 XVIII of the Social Security Act and for activities listed 

7 in section 1893 of such Act; of which $97,556,000 shall 

8 be for the HHS Office of Inspector General to carry out 

9 fraud and abuse activities authorized by section 

10 1817(k)(3) of such Act; of which $44,644,000 shall be for 

11 the Medicaid and Children’s Health Insurance Program 

12 (‘‘CHIP’’) program integrity activities; and of which 

13 $93,085,000 shall be for the Department of Justice to 

14 carry out fraud and abuse activities authorized by section 

15 1817(k)(3) of such Act: Provided, That of the amounts 

16 provided under this heading, $311,000,000 is provided to 

17 meet the terms of section 251(b)(2)(C)(ii) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985: Pro19 vided further, That the report required by section 

20 1817(k)(5) of the Social Security Act for fiscal year 2012 

21 shall include measures of the operational efficiency and 

22 impact on fraud, waste, and abuse in the Medicare, Med23 icaid, and CHIP programs for the funds provided by this 

24 appropriation. 
57 

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1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For making payments to States or other non-Federal 

5 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

6 Social Security Act and the Act of July 5, 1960, 

7 $2,305,035,000, to remain available until expended; and 

8 for such purposes for the first quarter of fiscal year 2013, 

9 $1,100,000,000, to remain available until expended. 

10 For making payments to each State for carrying out 

11 the program of Aid to Families with Dependent Children 

12 under title IV–A of the Social Security Act before the ef13 fective date of the program of Temporary Assistance for 

14 Needy Families with respect to such State, such sums as 

15 may be necessary: Provided, That the sum of the amounts 

16 available to a State with respect to expenditures under 

17 such title IV–A in fiscal year 1997 under this appropria18 tion and under such title IV–A as amended by the Per19 sonal Responsibility and Work Opportunity Reconciliation 

20 Act of 1996 shall not exceed the limitations under section 

21 116(b) of such Act. 

22 For making, after May 31 of the current fiscal year, 

23 payments to States or other non-Federal entities under 

24 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

25 Act and the Act of July 5, 1960, for the last 3 months 
58 

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1 of the current fiscal year for unanticipated costs, incurred 

2 for the current fiscal year, such sums as may be necessary. 

3 LOW INCOME HOME ENERGY ASSISTANCE

4 For making payments under subsections (b), (d), and 

5 (e) of section 2602 of the Low Income Home Energy As6 sistance Act of 1981, $3,600,580,000, of which 

7 $3,400,653,000 shall be for payments under subsections 

8 (b) and (d) of such section; and of which $199,927,000 

9 shall be for payments under subsection (e) of such section, 

10 to be made notwithstanding the designation requirements 

11 of such subsection: Provided, That all of the funds pro12 vided in this Act for subsections (b) and (d) shall be allo13 cated as though the total appropriation for such payments 

14 for fiscal year 2012 was less than $1,975,000,000: Pro15 vided further, That notwithstanding section 2609A(a), of 

16 the amounts appropriated under section 2602(b), not 

17 more than $3,000,000 of such amounts may be reserved 

18 by the Secretary for technical assistance, training, and 

19 monitoring of program activities for compliance with inter20 nal controls, policies and procedures. 

21 REFUGEE AND ENTRANT ASSISTANCE

22 For necessary expenses for refugee and entrant as23 sistance activities authorized by section 414 of the Immi24 gration and Nationality Act and section 501 of the Ref25 ugee Education Assistance Act of 1980, for carrying out 
59 

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1 section 462 of the Homeland Security Act of 2002, section 

2 235 of the William Wilberforce Trafficking Victims Pro3 tection Reauthorization Act of 2008, and the Trafficking 

4 Victims Protection Act of 2000, for costs associated with 

5 the care and placement of unaccompanied alien children, 

6 and for carrying out the Torture Victims Relief Act of 

7 1998, $787,639,000, of which up to $9,794,000 shall be 

8 available to carry out the Trafficking Victims Protection 

9 Act of 2000: Provided, That funds appropriated under this 

10 heading pursuant to section 414(a) of the Immigration 

11 and Nationality Act, section 462 of the Homeland Secu12 rity Act of 2002, section 235 of the William Wilberforce 

13 Trafficking Victims Protection Reauthorization Act of 

14 2008, and the Trafficking Victims Protection Act of 2000 

15 for fiscal year 2012 shall be available for the costs of as16 sistance provided and other activities to remain available 

17 through September 30, 2014. 

18 PAYMENTS TO STATES FOR THE CHILD CARE AND

19 DEVELOPMENT BLOCK GRANT

20 For carrying out the Child Care and Development 

21 Block Grant Act of 1990, $2,222,627,000 shall be used 

22 to supplement, not supplant State general revenue funds 

23 for child care assistance for low-income families: Provided, 

24 That $18,922,000 shall be available for child care resource 

25 and referral and school-aged child care activities, of which 
60 

•S 1599 PCS

1 $1,000,000 shall be available to the Secretary for a com2 petitive grant for the operation of a national toll free hot3 line and Web site to develop and disseminate child care 

4 consumer education information for parents and help par5 ents access child care in their local community: Provided 

6 further, That, in addition to the amounts required to be 

7 reserved by the States under section 658G, $283,592,000 

8 shall be reserved by the States for activities authorized 

9 under section 658G, of which $104,005,000 shall be for 

10 activities that improve the quality of infant and toddler 

11 care: Provided further, That $9,890,000 shall be for use 

12 by the Secretary for child care research, demonstration, 

13 and evaluation activities. 

14 SOCIAL SERVICES BLOCK GRANT

15 For making grants to States pursuant to section 

16 2002 of the Social Security Act, $1,700,000,000: Pro17 vided, That notwithstanding subparagraph (B) of section 

18 404(d)(2) of such Act, the applicable percent specified 

19 under such subparagraph for a State to carry out State 

20 programs pursuant to title XX of such Act shall be 10 

21 percent. 

22 CHILDREN AND FAMILIES SERVICES PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For carrying out, except as otherwise provided, the 

25 Runaway and Homeless Youth Act, the Developmental 
61 

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1 Disabilities Assistance and Bill of Rights Act, the Head 

2 Start Act, the Child Abuse Prevention and Treatment Act, 

3 sections 310 and 316 of the Family Violence Prevention 

4 and Services Act, the Native American Programs Act of 

5 1974, title II of the Child Abuse Prevention and Treat6 ment and Adoption Reform Act of 1978 (adoption oppor7 tunities), sections 330F and 330G of the PHS Act, the 

8 Abandoned Infants Assistance Act of 1988, section 291 

9 of the Help America Vote Act of 2002, part B–1 of title 

10 IV and sections 413, 1110, and 1115 of the Social Secu11 rity Act; for making payments under the Community Serv12 ices Block Grant Act (‘‘CSBG Act’’), sections 439(i), 

13 473B, and 477(i) of the Social Security Act, and the As14 sets for Independence Act; and for necessary administra15 tive expenses to carry out such Acts and titles I, IV, V, 

16 X, XI, XIV, XVI, and XX of the Social Security Act, the 

17 Act of July 5, 1960, the Low Income Home Energy As18 sistance Act of 1981, title IV of the Immigration and Na19 tionality Act, and section 501 of the Refugee Education 

20 Assistance Act of 1980, $9,845,685,000, of which 

21 $39,421,000, to remain available through September 30, 

22 2013, shall be for grants to States for adoption incentive 

23 payments, as authorized by section 473A of the Social Se24 curity Act and may be made for adoptions completed be25 fore September 30, 2012: Provided, That $7,899,633,000 
62 

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1 shall be for making payments under the Head Start Act: 

2 Provided further, That for purposes of allocating funds de3 scribed by the immediately preceding proviso, the term 

4 ‘‘base grant’’ as used in subsection (a)(7)(A) of section 

5 640 of such Act with respect to funding provided to a 

6 Head Start agency (including each Early Head Start 

7 agency) for fiscal year 2011 shall be calculated as de8 scribed in such subsection and to which amount shall be 

9 added 50 percent of the amount of funds appropriated 

10 under the heading ‘‘Department of Health and Human 

11 Services: Administration for Children and Families: Chil12 dren and Family Services Programs’’ in the American Re13 covery and Reinvestment Act of 2009 (Public Law 111– 

14 5) and provided to such agency for carrying out expansion 

15 of Head Start programs, as that phrase is used in sub16 section (a)(4)(D) of such section 640, and provided to 

17 such agency as the ongoing funding level for operations 

18 in the 12-month period beginning in fiscal year 2010: Pro19 vided further, That $707,594,000 shall be for making pay20 ments under the CSBG Act: Provided further, That 

21 $29,304,000 shall be for sections 680 and 678E(b)(2) of 

22 the CSBG Act, of which not less than $21,964,000 shall 

23 be for section 680(a)(2) and not less than $6,990,000 

24 shall be for section 680(a)(3)(B) of such Act: Provided 

25 further, That in addition to amounts provided herein, 
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•S 1599 PCS

1 $5,762,000 shall be available from amounts available 

2 under section 241 of the PHS Act to carry out the provi3 sions of section 1110 of the Social Security Act: Provided 

4 further, That to the extent Community Services Block 

5 Grant funds are distributed as grant funds by a State to 

6 an eligible entity as provided under the CSBG Act, and 

7 have not been expended by such entity, they shall remain 

8 with such entity for carryover into the next fiscal year for 

9 expenditure by such entity consistent with program pur10 poses: Provided further, That the Secretary shall establish 

11 procedures regarding the disposition of intangible assets 

12 and program income that permit such assets acquired 

13 with, and program income derived from, grant funds au14 thorized under section 680 of the CSBG Act to become 

15 the sole property of such grantees after a period of not 

16 more than 12 years after the end of the grant period for 

17 any activity consistent with section 680(a)(2)(A) of the 

18 CSBG Act: Provided further, That intangible assets in the 

19 form of loans, equity investments and other debt instru20 ments, and program income may be used by grantees for 

21 any eligible purpose consistent with section 680(a)(2)(A) 

22 of the CSBG Act: Provided further, That these procedures 

23 shall apply to such grant funds made available after No24 vember 29, 1999: Provided further, That funds appro25 priated for section 680(a)(2) of the CSBG Act shall be 
64 

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1 available for financing construction and rehabilitation and 

2 loans or investments in private business enterprises owned 

3 by community development corporations: Provided further, 

4 That $5,245,000 shall be for activities authorized by sec5 tion 291 of the Help America Vote Act of 2002: Provided 

6 further, That $1,996,000 shall be for a human services 

7 case management system for federally declared disasters, 

8 to include a comprehensive national case management con9 tract and Federal costs of administering the system: Pro10 vided further, That up to $2,000,000 shall be for improv11 ing the Public Assistance Reporting Information System, 

12 including grants to States to support data collection for 

13 a study of the system’s effectiveness. 

14 SUPPORTING HEALTHY FAMILIES AND ADOLESCENT

15 DEVELOPMENT

16 For carrying out section 436 of the Social Security 

17 Act, $365,000,000 and section 437 of such Act, 

18 $63,184,000. 

19 PAYMENTS FOR FOSTER CARE AND PERMANENCY

20 For making payments to States or other non-Federal 

21 entities under title IV–E of the Social Security Act, 

22 $5,153,000,000. 

23 For making payments to States or other non-Federal 

24 entities under title IV–E of the Social Security Act, for 

25 the first quarter of fiscal year 2013, $2,100,000,000. 
65 

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1 For making, after May 31 of the current fiscal year, 

2 payments to States or other non-Federal entities under 

3 section 474 of title IV–E of the Social Security Act, for 

4 the last 3 months of the current fiscal year for unantici5 pated costs, incurred for the current fiscal year, such sums 

6 as may be necessary. 

7 ADMINISTRATION ON AGING

8 AGING SERVICES PROGRAMS

9 (INCLUDING TRANSFER OF FUNDS)

10 For carrying out, to the extent not otherwise pro11 vided, the Older Americans Act of 1965 (‘‘OAA’’), section 

12 398 and title XXIX of the PHS Act, section 119 of the 

13 Medicare Improvements for Patients and Providers Act of 

14 2008, and for necessary administrative expenses to carry 

15 out section 393D and title XVII of the PHS Act, 

16 $1,482,701,000, together with $52,000,000 to be trans17 ferred from the Federal Hospital Insurance Trust Fund 

18 and the Federal Supplementary Medical Insurance Trust 

19 Fund to carry out section 4360 of the Omnibus Budget 

20 Reconciliation Act of 1990: Provided, That amounts ap21 propriated under this heading may be used for grants to 

22 States under section 361 of the OAA only for disease pre23 vention and health promotion programs and activities 

24 which have been demonstrated to the satisfaction of the 

25 Secretary to be evidence-based and effective: Provided fur-
66 

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1 ther, That, notwithstanding section 206(g) of the OAA, 

2 up to 1 percent of amounts appropriated to carry out pro3 grams authorized under title III of such Act shall be avail4 able for conducting evaluations, training and technical as5 sistance: Provided further, That the total amount available 

6 for fiscal year 2012 under this and any other Act to carry 

7 out activities related to Aging and Disability Resource 

8 Centers under subsections (a)(20)(B)(iii) and (b)(8) of 

9 section 202 of the OAA shall not exceed the amount obli10 gated for such purposes for fiscal year 2010 from funds 

11 available under Public Law 111–117: Provided further, 

12 That notwithstanding any other provision of this Act, 

13 funds made available under this heading to carry out sec14 tion 311 of the OAA may be transferred to the Secretary 

15 of Agriculture in accordance with such section. 

16 OFFICE OF THE SECRETARY

17 GENERAL DEPARTMENTAL MANAGEMENT

18 For necessary expenses, not otherwise provided, for 

19 general departmental management, including hire of six 

20 sedans, and for carrying out titles III, IV, XVII, XX, and 

21 XXI of the PHS Act, the United States-Mexico Border 

22 Health Commission Act, and research studies under sec23 tion 1110 of the Social Security Act, $476,221,000, to24 gether with $72,811,000 from the amounts available 

25 under section 241 of the PHS Act to carry out national 
67 

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1 health or human services research and evaluation activi2 ties: Provided, That of this amount, $53,783,000 shall be 

3 for minority AIDS prevention and treatment activities: 

4 Provided further, That of the funds made available under 

5 this heading, $104,790,000 shall be for making competi6 tive contracts and grants to public and private entities to 

7 fund medically accurate and age appropriate programs 

8 that reduce teen pregnancy and for the Federal costs asso9 ciated with administering and evaluating such contracts 

10 and grants, of which not less than $75,000,000 shall be 

11 for replicating programs that have been proven effective 

12 through rigorous evaluation to reduce teenage pregnancy, 

13 behavioral risk factors underlying teenage pregnancy, or 

14 other associated risk factors, of which not less than 

15 $25,000,000 shall be available for research and dem16 onstration grants to develop, replicate, refine, and test ad17 ditional models and innovative strategies for preventing 

18 teenage pregnancy, and of which any remaining amounts 

19 shall be available for training and technical assistance, 

20 evaluation, outreach, and additional program support ac21 tivities: Provided further, That of the amounts provided 

22 under this heading from amounts available under section 

23 241 of the PHS Act, $8,455,000 shall be available to carry 

24 out evaluations (including longitudinal evaluations) of 

25 teenage pregnancy prevention approaches. 
68 

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1 OFFICE OF MEDICARE HEARINGS AND APPEALS

2 For expenses necessary for administrative law judges 

3 responsible for hearing cases under title XVIII of the So4 cial Security Act (and related provisions of title XI of such 

5 Act), $71,147,000, to be transferred in appropriate part 

6 from the Federal Hospital Insurance Trust Fund and the 

7 Federal Supplementary Medical Insurance Trust Fund. 

8 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

9 INFORMATION TECHNOLOGY

10 For expenses necessary for the Office of the National 

11 Coordinator for Health Information Technology, including 

12 grants, contracts, and cooperative agreements for the de13 velopment and advancement of interoperable health infor14 mation technology, $42,246,000: Provided, That in addi15 tion to amounts provided herein, $19,011,000 shall be 

16 available from amounts available under section 241 of the 

17 PHS Act. 

18 OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General, including the hire of passenger motor vehicles for 

21 investigations, in carrying out the provisions of the Inspec22 tor General Act of 1978, $50,178,000: Provided, That of 

23 such amount, necessary sums shall be available for pro24 viding protective services to the Secretary and inves25 tigating non-payment of child support cases for which non- 
69 

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1 payment is a Federal offense under 18 U.S.C. 228: Pro2 vided further, That at least forty percent of the funds pro3 vided in this Act for the Office of Inspector General shall 

4 be used only for investigations, audits, and evaluations 

5 pertaining to the discretionary programs funded in this 

6 Act. 

7 OFFICE FOR CIVIL RIGHTS

8 For expenses necessary for the Office for Civil 

9 Rights, $41,016,000. 

10 RETIREMENT PAY AND MEDICAL BENEFITS FOR

11 COMMISSIONED OFFICERS

12 For retirement pay and medical benefits of Public 

13 Health Service Commissioned Officers as authorized by 

14 law, for payments under the Retired Serviceman’s Family 

15 Protection Plan and Survivor Benefit Plan, and for med16 ical care of dependents and retired personnel under the 

17 Dependents’ Medical Care Act, such amounts as may be 

18 required during the current fiscal year. 

19 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

20 FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses necessary to support activities related 

23 to countering potential biological, nuclear, radiological, 

24 chemical, and cybersecurity threats to civilian populations, 

25 and for other public health emergencies, $574,452,000; of 
70 

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1 which $15,000,000 shall remain available until expended 

2 to support emergency operations. 

3 From funds transferred to this account pursuant to 

4 the fourth paragraph under this heading in Public Law 

5 111–117, up to $415,000,000 shall be available for ex6 penses necessary to support advanced research and devel7 opment pursuant to section 319L of the PHS Act, and 

8 other administrative expenses of the Biomedical Advanced 

9 Research and Development Authority to support addi10 tional advanced research and development. 

11 GENERAL PROVISIONS

12 SEC. 201. Funds appropriated in this title shall be 

13 available for not to exceed $50,000 for official reception 

14 and representation expenses when specifically approved by 

15 the Secretary. 

16 SEC. 202. The Secretary shall make available through 

17 assignment not more than 60 employees of the Public 

18 Health Service to assist in child survival activities and to 

19 work in AIDS programs through and with funds provided 

20 by the Agency for International Development, the United 

21 Nations International Children’s Emergency Fund or the 

22 World Health Organization. 

23 SEC. 203. None of the funds appropriated in this Act 

24 for the NIH, the Agency for Healthcare Research and 

25 Quality, and the Substance Abuse and Mental Health 
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1 Services Administration shall be used to pay the salary 

2 of an individual, through a grant or other extramural 

3 mechanism, at a rate in excess of Executive Level I. 

4 SEC. 204. None of the funds appropriated in this Act 

5 may be expended pursuant to section 241 of the PHS Act, 

6 except for funds specifically provided for in this Act, or 

7 for other taps and assessments made by any office located 

8 in the Department of HHS, prior to the preparation and 

9 submission of a report by the Secretary to the Committees 

10 on Appropriations of the House of Representatives and the 

11 Senate detailing the planned uses of such funds. 

12 SEC. 205. Notwithstanding section 241(a) of the 

13 PHS Act, such portion as the Secretary shall determine, 

14 but not more than 2.5 percent, of any amounts appro15 priated for programs authorized under such Act shall be 

16 made available for the evaluation (directly, or by grants 

17 or contracts) of the implementation and effectiveness of 

18 such programs. 

19 (TRANSFER OF FUNDS)

20 SEC. 206. Not to exceed 1 percent of any discre21 tionary funds (pursuant to the Balanced Budget and 

22 Emergency Deficit Control Act of 1985) which are appro23 priated for the current fiscal year for the Department of 

24 HHS in this Act may be transferred between a program, 

25 project, or activity, but no such program, project, or activ-
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1 ity shall be increased by more than 3 percent by any such 

2 transfer: Provided, That the transfer authority granted by 

3 this section shall not be used to create any new program 

4 or to fund any project or activity for which no funds are 

5 provided in this Act: Provided further, That the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate are notified at least 15 days in advance 

8 of any transfer. 

9 (TRANSFER OF FUNDS)

10 SEC. 207. The Director of the NIH, jointly with the 

11 Director of the Office of AIDS Research, may transfer up 

12 to 3 percent among institutes and centers from the total 

13 amounts identified by these two Directors as funding for 

14 research pertaining to the human immunodeficiency virus: 

15 Provided, That the Committees on Appropriations of the 

16 House of Representatives and the Senate are notified at 

17 least 15 days in advance of any transfer. 

18 (TRANSFER OF FUNDS)

19 SEC. 208. Of the amounts made available in this Act 

20 for the NIH, the amount for research related to the 

21 human immunodeficiency virus, as jointly determined by 

22 the Director of the NIH and the Director of the Office 

23 of AIDS Research, shall be made available to the ‘‘Office 

24 of AIDS Research Office’’ account. The Director of the 

25 Office of AIDS Research shall transfer from such account 
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1 amounts necessary to carry out section 2353(d)(3) of the 

2 PHS Act. 

3 SEC. 209. None of the funds appropriated in this Act 

4 may be made available to any entity under title X of the 

5 PHS Act unless the applicant for the award certifies to 

6 the Secretary that it encourages family participation in 

7 the decision of minors to seek family planning services and 

8 that it provides counseling to minors on how to resist at9 tempts to coerce minors into engaging in sexual activities. 

10 SEC. 210. Notwithstanding any other provision of 

11 law, no provider of services under title X of the PHS Act 

12 shall be exempt from any State law requiring notification 

13 or the reporting of child abuse, child molestation, sexual 

14 abuse, rape, or incest. 

15 SEC. 211. None of the funds appropriated by this Act 

16 (including funds appropriated to any trust fund) may be 

17 used to carry out the Medicare Advantage program if the 

18 Secretary denies participation in such program to an oth19 erwise eligible entity (including a Provider Sponsored Or20 ganization) because the entity informs the Secretary that 

21 it will not provide, pay for, provide coverage of, or provide 

22 referrals for abortions: Provided, That the Secretary shall 

23 make appropriate prospective adjustments to the capita24 tion payment to such an entity (based on an actuarially 

25 sound estimate of the expected costs of providing the serv-
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1 ice to such entity’s enrollees): Provided further, That noth2 ing in this section shall be construed to change the Medi3 care program’s coverage for such services and a Medicare 

4 Advantage organization described in this section shall be 

5 responsible for informing enrollees where to obtain infor6 mation about all Medicare covered services. 

7 SEC. 212. In order for the Department of HHS to 

8 carry out international health activities, including HIV/ 

9 AIDS and other infectious disease, chronic and environ10 mental disease, and other health activities abroad during 

11 fiscal year 2012: 

12 (1) The Secretary may exercise authority equiv13 alent to that available to the Secretary of State in 

14 section 2(c) of the State Department Basic Authori15 ties Act of 1956. The Secretary shall consult with 

16 the Secretary of State and relevant Chief of Mission 

17 to ensure that the authority provided in this section 

18 is exercised in a manner consistent with section 207 

19 of the Foreign Service Act of 1980 and other appli20 cable statutes administered by the Department of 

21 State. 

22 (2) The Secretary is authorized to provide such 

23 funds by advance or reimbursement to the Secretary 

24 of State as may be necessary to pay the costs of ac25 quisition, lease, alteration, renovation, and manage-
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1 ment of facilities outside of the United States for 

2 the use of the Department of HHS. The Depart3 ment of State shall cooperate fully with the Sec4 retary to ensure that the Department of HHS has 

5 secure, safe, functional facilities that comply with 

6 applicable regulation governing location, setback, 

7 and other facilities requirements and serve the pur8 poses established by this Act. The Secretary is au9 thorized, in consultation with the Secretary of State, 

10 through grant or cooperative agreement, to make 

11 available to public or nonprofit private institutions 

12 or agencies in participating foreign countries, funds 

13 to acquire, lease, alter, or renovate facilities in those 

14 countries as necessary to conduct programs of as15 sistance for international health activities, including 

16 activities relating to HIV/AIDS and other infectious 

17 diseases, chronic and environmental diseases, and 

18 other health activities abroad. 

19 (3) The Secretary is authorized to provide to 

20 personnel appointed or assigned by the Secretary to 

21 serve abroad, allowances and benefits similar to 

22 those provided under chapter 9 of title I of the For23 eign Service Act of 1980, and 22 U.S.C. 4081 

24 through 4086 and subject to such regulations pre25 scribed by the Secretary. The Secretary is further 
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1 authorized to provide locality-based comparability 

2 payments (stated as a percentage) up to the amount 

3 of the locality-based comparability payment (stated 

4 as a percentage) that would be payable to such per5 sonnel under section 5304 of title 5, United States 

6 Code if such personnel’s official duty station were in 

7 the District of Columbia. Leaves of absence for per8 sonnel under this subsection shall be on the same 

9 basis as that provided under subchapter I of chapter 

10 63 of title 5, United States Code, or section 903 of 

11 the Foreign Service Act of 1980, to individuals serv12 ing in the Foreign Service. 

13 SEC. 213. (a) AUTHORITY.—Notwithstanding any 

14 other provision of law, the Director of the NIH (‘‘Direc15 tor’’) may use funds available under section 402(b)(7) or 

16 402(b)(12) of the PHS Act to enter into transactions 

17 (other than contracts, cooperative agreements, or grants) 

18 to carry out research identified pursuant to such section 

19 402(b)(7) (pertaining to the Common Fund) or research 

20 and activities described in such section 402(b)(12). 

21 (b) PEER REVIEW.—In entering into transactions 

22 under subsection (a), the Director may utilize such peer 

23 review procedures (including consultation with appropriate 

24 scientific experts) as the Director determines to be appro25 priate to obtain assessments of scientific and technical 
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1 merit. Such procedures shall apply to such transactions 

2 in lieu of the peer review and advisory council review pro3 cedures that would otherwise be required under sections 

4 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

5 and 494 of the PHS Act. 

6 SEC. 214. Funds which are available for Individual 

7 Learning Accounts for employees of the CDC and the 

8 Agency for Toxic Substances and Disease Registry 

9 (‘‘ATSDR’’) may be transferred to ‘‘Disease Control, Re10 search, and Training’’, to be available only for Individual 

11 Learning Accounts: Provided, That such funds may be 

12 used for any individual full-time equivalent employee while 

13 such employee is employed either by CDC or ATSDR. 

14 SEC. 215. Notwithstanding any other provisions of 

15 law, discretionary funds made available in this Act may 

16 be used to continue operating the Council on Graduate 

17 Medical Education established by section 301 of Public 

18 Law 102–408. 

19 SEC. 216. Not to exceed $35,000,000 of funds appro20 priated by this Act to the institutes and centers of the 

21 NIH may be used for alteration, repair, or improvement 

22 of facilities, as necessary for the proper and efficient con23 duct of the activities authorized herein, at not to exceed 

24 $2,500,000 per project. 
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1 (TRANSFER OF FUNDS)

2 SEC. 217. Of the amounts made available for the 

3 NIH, 1 percent of the amount made available for National 

4 Research Service Awards (‘‘NRSA’’) shall be made avail5 able to the Administrator of the Health Resources and 

6 Services Administration to make NRSA awards for re7 search in primary medical care to individuals affiliated 

8 with entities who have received grants or contracts under 

9 section 747 of the PHS Act, and 1 percent of the amount 

10 made available for NRSA shall be made available to the 

11 Director of the Agency for Healthcare Research and Qual12 ity to make NRSA awards for health service research. 

13 SEC. 218. (a) Within 45 days of enactment of this 

14 Act, the Secretary shall transfer funds appropriated under 

15 section 4002 of the Patient Protection and Affordable 

16 Care Act of 2010 to the accounts specified, in the amounts 

17 specified, and for the activities specified under the heading 

18 ‘‘Prevention and Public Health Fund’’ in the committee 

19 report of the Senate accompanying this Act. 

20 (b) Notwithstanding section 4002(c) of the Patient 

21 Protection and Affordable Care Act of 2010, the Secretary 

22 may not further transfer these amounts. 

23 (c) Funds transferred for activities authorized under 

24 section 2821 of the PHS Act shall be made available with25 out reference to section 2821(b) of such Act. 
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1 (d) From funds transferred for activities authorized 

2 under section 4201 of Public Law 111–148, $135,000,000 

3 shall be available for a program consisting of 3-year 

4 grants of no less than $100,000 per year to non-govern5 mental entities, school districts, local housing authorities, 

6 local transportation authorities or Indian tribes to imple7 ment evidence-based chronic disease prevention strategies. 

8 Applicants for such grants shall determine the population 

9 to be served and shall agree to work in collaboration with 

10 multi-sector partners. 

11 This title may be cited as the ‘‘Department of Health 

12 and Human Services Appropriations Act, 2012’’. 

13 TITLE III 

14 DEPARTMENT OF EDUCATION 

15 EDUCATION FOR THE DISADVANTAGED

16 For carrying out title I of the Elementary and Sec17 ondary Education Act of 1965 (referred to in this Act as 

18 ‘‘ESEA’’) and section 418A of the Higher Education Act 

19 of 1965 (referred to in this Act as ‘‘HEA’’), 

20 $15,714,934,000, of which $4,780,117,000 shall become 

21 available on July 1, 2012, and shall remain available 

22 through September 30, 2013, and of which 

23 $10,841,177,000 shall become available on October 1, 

24 2012, and shall remain available through September 30, 

25 2013, for academic year 2012–2013: Provided, That 
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1 $6,584,750,000 shall be for basic grants under section 

2 1124 of the ESEA: Provided further, That up to 

3 $3,992,000 of these funds shall be available to the Sec4 retary of Education (referred to in this title as ‘‘Sec5 retary’’) on October 1, 2011, to obtain annually updated 

6 local educational agency-level census poverty data from 

7 the Bureau of the Census: Provided further, That 

8 $1,362,301,000 shall be for concentration grants under 

9 section 1124A of the ESEA: Provided further, That 

10 $3,258,183,000 shall be for targeted grants under section 

11 1125 of the ESEA: Provided further, That 

12 $3,258,183,000 shall be for education finance incentive 

13 grants under section 1125A of the ESEA: Provided fur14 ther, That $4,151,000 shall be to carry out sections 1501 

15 and 1503 of the ESEA: Provided further, That funds 

16 available under sections 1124, 1124A, 1125 and 1125A 

17 of the ESEA may be used to provide homeless children 

18 and youths with services not ordinarily provided to other 

19 students under those sections, including supporting the li20 aison designated pursuant to section 722(g)(1)(J)(ii) of 

21 the McKinney-Vento Homeless Assistance Act, and pro22 viding transportation pursuant to section 722(g)(1)(J)(iii) 

23 of such Act: Provided further, That $534,562,000 shall be 

24 available for school improvement grants under section 

25 1003(g) of the ESEA, which shall be allocated by the Sec-
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1 retary through the formula described in section 

2 1003(g)(2) and shall be used consistent with the require3 ments of section 1003(g), except that State and local edu4 cational agencies may use such funds to serve any school 

5 eligible to receive assistance under part A of title I that 

6 has not made adequate yearly progress for at least 2 years 

7 or is in the State’s lowest quintile of performance based 

8 on proficiency rates and, in the case of secondary schools, 

9 priority shall be given to those schools with graduation 

10 rates below 60 percent: Provided further, That notwith11 standing section 1003(g)(5)(A), each State educational 

12 agency may establish a maximum subgrant size of not 

13 more than $2,000,000 for each participating school appli14 cable to such funds: Provided further, That the Secretary 

15 may reserve up to 5 percent of the funds available for sec16 tion 1003(g) of the ESEA to carry out activities to build 

17 State and local educational agency capacity to implement 

18 effectively the school improvement grants program: Pro19 vided further, That $183,000,000 shall be available under 

20 section 1502 of the ESEA for a comprehensive literacy 

21 development and education program to advance literacy 

22 skills, including pre-literacy skills, reading, and writing, 

23 for students from birth through grade 12, including lim24 ited-English-proficient students and students with disabil25 ities, of which one-half of 1 percent shall be reserved for 
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1 the Secretary of the Interior for such a program at schools 

2 funded by the Bureau of Indian Education, one-half of 

3 1 percent shall be reserved for grants to the outlying areas 

4 for such a program, up to 5 percent may be reserved for 

5 national activities, and the remainder shall be used to 

6 award competitive grants to State educational agencies for 

7 such a program, of which a State educational agency may 

8 reserve up to 5 percent for State leadership activities, in9 cluding technical assistance and training, data collection, 

10 reporting, and administration, and shall subgrant not less 

11 than 95 percent to local educational agencies or, in the 

12 case of early literacy, to local educational agencies or other 

13 nonprofit providers of early childhood education that part14 ner with a public or private nonprofit organization or 

15 agency with a demonstrated record of effectiveness in im16 proving the early literacy development of children from 

17 birth through kindergarten entry and in providing profes18 sional development in early literacy, giving priority to such 

19 agencies or other entities serving greater numbers or per20 centages of disadvantaged children: Provided further, That 

21 the State educational agency shall ensure that at least 15 

22 percent of the subgranted funds are used to serve children 

23 from birth through age 5, 40 percent are used to serve 

24 students in kindergarten through grade 5, and 40 percent 

25 are used to serve students in middle and high school in-
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1 cluding an equitable distribution of funds between middle 

2 and high schools: Provided further, That eligible entities 

3 receiving subgrants from State educational agencies shall 

4 use such funds for services and activities that have the 

5 characteristics of effective literacy instruction through 

6 professional development, screening and assessment, tar7 geted interventions for students reading below grade level 

8 and other research-based methods of improving classroom 

9 instruction and practice. 

10 IMPACT AID

11 For carrying out programs of financial assistance to 

12 federally affected schools authorized by title VIII of the 

13 ESEA, $1,273,631,000, of which $1,135,724,000 shall be 

14 for basic support payments under section 8003(b), 

15 $48,505,000 shall be for payments for children with dis16 abilities under section 8003(d), $17,474,000 shall be for 

17 construction under section 8007(b) and shall remain avail18 able through September 30, 2013, $67,074,000 shall be 

19 for Federal property payments under section 8002, and 

20 $4,854,000, to remain available until expended, shall be 

21 for facilities maintenance under section 8008: Provided, 

22 That for purposes of computing the amount of a payment 

23 for an eligible local educational agency under section 

24 8003(a) for school year 2011–2012, children enrolled in 

25 a school of such agency that would otherwise be eligible 
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1 for payment under section 8003(a)(1)(B) of such Act, but 

2 due to the deployment of both parents or legal guardians, 

3 or a parent or legal guardian having sole custody of such 

4 children, or due to the death of a military parent or legal 

5 guardian while on active duty (so long as such children 

6 reside on Federal property as described in section 

7 8003(a)(1)(B)), are no longer eligible under such section, 

8 shall be considered as eligible students under such section, 

9 provided such students remain in average daily attendance 

10 at a school in the same local educational agency they at11 tended prior to their change in eligibility status. 

12 SCHOOL IMPROVEMENT PROGRAMS

13 For carrying out school improvement activities au14 thorized by parts A and B of title II, part B of title IV, 

15 parts A and B of title VI, and parts B and C of title VII 

16 of the ESEA; the McKinney-Vento Homeless Assistance 

17 Act; section 203 of the Educational Technical Assistance 

18 Act of 2002; the Compact of Free Association Amend19 ments Act of 2003; and the Civil Rights Act of 1964, 

20 $4,570,145,000, of which $2,745,373,000 shall become 

21 available on July 1, 2012, and remain available through 

22 September 30, 2013, and of which $1,681,441,000 shall 

23 become available on October 1, 2012, and shall remain 

24 available through September 30, 2013, for academic year 

25 2012–2013: Provided, That funds made available to carry 
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1 out part B of title VII of the ESEA may be used for con2 struction, renovation, and modernization of any elemen3 tary school, secondary school, or structure related to an 

4 elementary school or secondary school, run by the Depart5 ment of Education of the State of Hawaii, that serves a 

6 predominantly Native Hawaiian student body: Provided 

7 further, That funds made available to carry out part C 

8 of title VII of the ESEA shall be awarded on a competitive 

9 basis, and also may be used for construction: Provided fur10 ther, That $51,210,000 shall be available to carry out sec11 tion 203 of the Educational Technical Assistance Act of 

12 2002: Provided further, That $17,652,000 shall be avail13 able to carry out the Supplemental Education Grants pro14 gram for the Federated States of Micronesia and the Re15 public of the Marshall Islands: Provided further, That up 

16 to 5 percent of these amounts may be reserved by the Fed17 erated States of Micronesia and the Republic of the Mar18 shall Islands to administer the Supplemental Education 

19 Grants programs and to obtain technical assistance, over20 sight and consultancy services in the administration of 

21 these grants and to reimburse the United States Depart22 ments of Labor, Health and Human Services, and Edu23 cation for such services: Provided further, That up to 5 

24 percent of the funds for subpart 1 of part A of title II 

25 of the ESEA shall be reserved by the Secretary for com-
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1 petitive awards for teacher or principal training or profes2 sional enhancement activities to national not-for-profit or3 ganizations. 

4 INDIAN EDUCATION

5 For expenses necessary to carry out, to the extent 

6 not otherwise provided, title VII, part A of the ESEA, 

7 $128,027,000. 

8 INNOVATION AND IMPROVEMENT

9 For carrying out activities authorized by part G of 

10 title I, subpart 5 of part A and parts C and D of title 

11 II, parts B, C, and D of title V of the ESEA, and sections 

12 14006 and 14007 of division A of the American Recovery 

13 and Reinvestment Act of 2009, as amended, 

14 $1,740,212,000: Provided, That the Secretary may use up 

15 to $698,600,000 for section 14006 of division A of Public 

16 Law 111–5, as amended, to make awards (including on 

17 the basis of previously submitted applications) to States 

18 or to local educational agencies, or both, in accordance 

19 with the applicable requirements of that section, as deter20 mined by the Secretary, and may use up to 5 percent of 

21 such funds for technical assistance and evaluation of the 

22 activities carried out under that section: Provided further, 

23 That up to $149,700,000 shall be available for section 

24 14007 of division A of Public Law 111–5, and up to 5 

25 percent of such funds may be used for technical assistance 
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1 and the evaluation of activities carried out under such sec2 tion: Provided further, That from funds for subpart 4, part 

3 C of title II of the ESEA, up to 3 percent shall be avail4 able to the Secretary for technical assistance and dissemi5 nation of information: Provided further, That 

6 $300,000,000 of the funds for subpart 1 of part D of title 

7 V of the ESEA shall be for competitive grants to local 

8 educational agencies, including charter schools that are 

9 local educational agencies, or States, or partnerships of: 

10 (1) a local educational agency, a State, or both; and (2) 

11 at least one non-profit organization to develop and imple12 ment reforms in such areas as evaluation, compensation, 

13 hiring, and advancement in order to increase the effective14 ness of teachers, principals, and other personnel in high15 need schools: Provided further, That such reforms must 

16 consider gains in student academic achievement as well 

17 as classroom evaluations conducted multiple times during 

18 each school year among other factors and may provide 

19 educators with incentives to take on additional responsibil20 ities and leadership roles: Provided further, That recipients 

21 of such grants shall demonstrate that such reforms are 

22 developed with the input of teachers and school leaders 

23 in the schools and local educational agencies to be served 

24 by the grant: Provided further, That recipients of such 

25 grants may use such funds to develop or improve systems 
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1 and tools (which may be developed and used for the entire 

2 local educational agency or only for schools served under 

3 the grant) that would enhance the quality and success of 

4 the compensation system, such as high-quality teacher 

5 evaluations and tools to measure growth in student 

6 achievement: Provided further, That applications for such 

7 grants shall include a plan to sustain financially the activi8 ties conducted and systems developed under the grant 

9 once the grant period has expired: Provided further, That 

10 up to 5 percent of such funds for competitive grants shall 

11 be available for technical assistance, training, peer review 

12 of applications, program outreach and evaluation activi13 ties: Provided further, That of the funds available for part 

14 B of title V of the ESEA, the Secretary shall use not less 

15 than $23,000,000 to carry out activities under section 

16 5205(b) and under subpart 2: Provided further, That of 

17 the funds available for subpart 1 of part B of title V of 

18 the ESEA, and notwithstanding section 5205(a), the Sec19 retary may reserve up to $55,000,000 to make multiple 

20 awards to non-profit charter management organizations 

21 and other entities that are not for-profit entities for the 

22 replication and expansion of successful charter school 

23 models and shall reserve up to $11,000,000 to carry out 

24 the activities described in section 5205(a), including im25 proving quality and oversight of charter schools and pro-
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1 viding technical assistance to authorized public chartering 

2 agencies in order to increase the number of high-per3 forming charter schools: Provided further, That each appli4 cation submitted pursuant to section 5203(a) shall de5 scribe a plan to monitor and hold accountable authorized 

6 public chartering agencies through such activities as pro7 viding technical assistance or establishing a professional 

8 development program, which may include planning, train9 ing and systems development for staff of authorized public 

10 chartering agencies to improve the capacity of such agen11 cies in the State to authorize, monitor, and hold account12 able charter schools: Provided further, That each applica13 tion submitted pursuant to section 5203(a) shall contain 

14 assurances that State law, regulations, or other policies 

15 require that: (1) each authorized charter school in the 

16 State operate under a legally binding charter or perform17 ance contract between itself and the school’s authorized 

18 public chartering agency that describes the obligations and 

19 responsibilities of the school and the public chartering 

20 agency; conduct annual, timely, and independent audits of 

21 the school’s financial statements that are filed with the 

22 school’s authorized public chartering agency; and dem23 onstrate improved student academic achievement; and (2) 

24 authorized public chartering agencies use increases in stu25 dent academic achievement for all groups of students de-
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1 scribed in section 1111(b)(2)(C)(v) of the ESEA as the 

2 most important factor when determining to renew or re3 voke a school’s charter. 

4 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

5 For carrying out activities authorized by part A of 

6 title IV and subparts 1, 2, and 10 of part D of title V 

7 of the ESEA, $270,463,000: Provided, That $79,226,000 

8 shall be available for subpart 2 of part A of title IV: Pro9 vided further, That $60,000,000 shall be available for 

10 Promise Neighborhoods and shall be available through De11 cember 31, 2012. 

12 ENGLISH LANGUAGE ACQUISITION

13 For carrying out part A of title III of the ESEA, 

14 $733,530,000, which shall become available on July 1, 

15 2012, and shall remain available through September 30, 

16 2013, except that 6.5 percent of such amount shall be 

17 available on October 1, 2011, and shall remain available 

18 through September 30, 2013, to carry out activities under 

19 section 3111(c)(1)(C): Provided, That the Secretary shall 

20 use estimates of the American Community Survey child 

21 counts for the most recent 3-year period available to cal22 culate allocations under such part. 

23 SPECIAL EDUCATION

24 For carrying out the Individuals with Disabilities 

25 Education Act (‘‘IDEA’’) and the Special Olympics Sport 
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1 and Empowerment Act of 2004, $12,553,066,000, of 

2 which $3,706,716,000 shall become available on July 1, 

3 2012, and shall remain available through September 30, 

4 2013, and of which $8,592,383,000 shall become available 

5 on October 1, 2012, and shall remain available through 

6 September 30, 2013, for academic year 2012–2013: Pro7 vided, That the amount for section 611(b)(2) of the IDEA 

8 shall be equal to the lesser of the amount available for 

9 that activity during fiscal year 2011, increased by the 

10 amount of inflation as specified in section 619(d)(2)(B) 

11 of the IDEA, or the percent change in the funds appro12 priated under section 611(i) of the IDEA, but not less 

13 than the amount for that activity during fiscal year 2011: 

14 Provided further, That funds made available for the Spe15 cial Olympics Sport and Empowerment Act of 2004 may 

16 be used to support expenses associated with the Special 

17 Olympics National and World games: Provided further, 

18 That $4,000,000, to remain available for obligation 

19 through September 30, 2013, shall be for activities aimed 

20 at improving the outcomes of children receiving Supple21 mental Security Income (SSI) and their families, which 

22 may include competitive grants to States to improve the 

23 provision and coordination of services for SSI child recipi24 ents in order to achieve improved health status, including 

25 both physical and emotional health, and education and 
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1 post-school outcomes, including completion of postsec2 ondary education and employment, and to improve serv3 ices and supports to the families or households of the SSI 

4 child recipient, such as education and job training for the 

5 parents: Provided further, That States may award sub6 grants for a portion of the funds to other public and pri7 vate, non-profit entities. 

8 REHABILITATION SERVICES AND DISABILITY RESEARCH

9 For carrying out, to the extent not otherwise pro10 vided, the Rehabilitation Act of 1973, the Assistive Tech11 nology Act of 1998, and the Helen Keller National Center 

12 Act, $3,511,735,000: Provided, That the Secretary may 

13 use amounts provided in this Act that remain available 

14 subsequent to the reallotment of funds to States pursuant 

15 to section 110(b) of the Rehabilitation Act for activities 

16 aimed at improving the outcomes of children receiving 

17 Supplemental Security Income (SSI) and their families, 

18 including competitive grants to States to improve the pro19 vision and coordination of services for SSI child recipients 

20 in order to achieve improved health status, education and 

21 post-school outcomes, including completion of postsec22 ondary education and employment, and to improve serv23 ices and supports to the family or households of the SSI 

24 child recipient, such as education and job training for the 

25 parents: Provided further, That States may award sub-
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1 grants for a portion of the funds to other public and pri2 vate, non-profit entities: Provided further, That any funds 

3 made available subsequent to reallotment for activities 

4 aimed at improving the outcomes of children receiving SSI 

5 and their families shall remain available until September 

6 30, 2013. 

7 SPECIAL INSTITUTIONS FOR PERSONS WITH

8 DISABILITIES

9 AMERICAN PRINTING HOUSE FOR THE BLIND

10 For carrying out the Act of March 3, 1879, 

11 $24,551,000. 

12 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

13 For the National Technical Institute for the Deaf 

14 under titles I and II of the Education of the Deaf Act 

15 of 1986, $65,546,000: Provided, That from the total 

16 amount available, the Institute may at its discretion use 

17 funds for the endowment program as authorized under 

18 section 207 of such Act. 

19 GALLAUDET UNIVERSITY

20 For the Kendall Demonstration Elementary School, 

21 the Model Secondary School for the Deaf, and the partial 

22 support of Gallaudet University under titles I and II of 

23 the Education of the Deaf Act of 1986, $125,754,000, of 

24 which $7,990,000 shall be for construction and shall re25 main available until expended: Provided, That from the 
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1 total amount available, the University may at its discre2 tion use funds for the endowment program as authorized 

3 under section 207 of such Act. 

4 CAREER, TECHNICAL, AND ADULT EDUCATION

5 For carrying out, to the extent not otherwise pro6 vided, the Carl D. Perkins Career and Technical Edu7 cation Act of 2006 and the Adult Education and Family 

8 Literacy Act (‘‘AEFLA’’), $1,738,946,000, of which 

9 $947,946,000 shall become available on July 1, 2012, and 

10 remain available through September 30, 2013, of which 

11 $791,000,000 shall become available on October 1, 2012, 

12 and shall remain available through September 30, 2013: 

13 Provided, That of the amount provided for Adult Edu14 cation State Grants, $74,850,000 shall be made available 

15 for integrated English literacy and civics education serv16 ices to immigrants and other limited English proficient 

17 populations: Provided further, That of the amount re18 served for integrated English literacy and civics education, 

19 notwithstanding section 211 of the AEFLA, 65 percent 

20 shall be allocated to States based on a State’s absolute 

21 need as determined by calculating each State’s share of 

22 a 10-year average of the United States Citizenship and 

23 Immigration Services data for immigrants admitted for 

24 legal permanent residence for the 10 most recent years, 

25 and 35 percent allocated to States that experienced growth 
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1 as measured by the average of the 3 most recent years 

2 for which United States Citizenship and Immigration 

3 Services data for immigrants admitted for legal permanent 

4 residence are available, except that no State shall be allo5 cated an amount less than $60,000: Provided further, That 

6 of the amounts made available for AEFLA, $11,323,000 

7 shall be for national leadership activities under section 

8 243. 

9 STUDENT FINANCIAL ASSISTANCE

10 For carrying out subparts 1 and 3 of part A and part 

11 C of title IV of the HEA, $24,670,517,000, which shall 

12 remain available through September 30, 2013. 

13 The maximum Pell Grant for which a student shall 

14 be eligible during award year 2012–2013 shall be $4,860. 

15 STUDENT AID ADMINISTRATION

16 For Federal administrative expenses to carry out part 

17 D of title I, and subparts 1, 3, 4, 9, and 10 of part A, 

18 and parts B, C, D, and E of title IV of the HEA, 

19 $1,045,363,000, to remain available until September 30, 

20 2013: Provided, That not more than $370,000,000 may 

21 be used to carry out loan servicing activities: Provided fur22 ther, That with respect to the previous proviso, amounts 

23 may be increased (from amounts provided under this 

24 heading) due to changes in the loan portfolio, upon deter25 mination by the Secretary that additional amounts are 
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1 needed and the Secretary notifies the Committee on Ap2 propriations of the Senate and House of Representatives 

3 of such determination. 

4 HIGHER EDUCATION

5 For carrying out, to the extent not otherwise pro6 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 

7 the Mutual Educational and Cultural Exchange Act of 

8 1961, and section 117 of the Carl D. Perkins Career and 

9 Technical Education Act of 2006, $1,903,946,000: Pro10 vided, That $8,084,000, to remain available through Sep11 tember 30, 2013, shall be available to fund fellowships for 

12 academic year 2013–2014 under subpart 1 of part A of 

13 title VII of the HEA, under the terms and conditions of 

14 such subpart 1: Provided further, That $608,000 shall be 

15 for data collection and evaluation activities for programs 

16 under the HEA, including such activities needed to comply 

17 with the Government Performance and Results Act of 

18 1993: Provided further, That notwithstanding any other 

19 provision of law, funds made available in this Act to carry 

20 out title VI of the HEA and section 102(b)(6) of the Mu21 tual Educational and Cultural Exchange Act of 1961 may 

22 be used to support visits and study in foreign countries 

23 by individuals who are participating in advanced foreign 

24 language training and international studies in areas that 

25 are vital to United States national security and who plan 
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1 to apply their language skills and knowledge of these coun2 tries in the fields of government, the professions, or inter3 national development: Provided further, That of the funds 

4 referred to in the preceding proviso up to 1 percent may 

5 be used for program evaluation, national outreach, and in6 formation dissemination activities: Provided further, That 

7 notwithstanding any other provision of law, a recipient of 

8 a multi-year award under section 316 of the HEA, as that 

9 section was in effect prior to the date of enactment of the 

10 Higher Education Opportunity Act (‘‘HEOA’’), that 

11 would have otherwise received a continuation award for 

12 fiscal year 2012 under that section, shall receive under 

13 section 316, as amended by the HEOA, not less than the 

14 amount that such recipient would have received under 

15 such a continuation award: Provided further, That the por16 tion of the funds received under section 316 by a recipient 

17 described in the preceding proviso that is equal to the 

18 amount of such continuation award shall be used in ac19 cordance with the terms of such continuation award. 

20 HOWARD UNIVERSITY

21 For partial support of Howard University, 

22 $234,507,000, of which not less than $3,600,000 shall be 

23 for a matching endowment grant pursuant to the Howard 

24 University Endowment Act and shall remain available 

25 until expended. 
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1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

3 For Federal administrative expenses to carry out ac4 tivities related to existing facility loans pursuant to section 

5 121 of the HEA, $460,000. 

6 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

7 CAPITAL FINANCING PROGRAM ACCOUNT

8 For the cost of guaranteed loans, $20,188,000, as au9 thorized pursuant to part D of title III of the HEA: Pro10 vided, That such costs, including the cost of modifying 

11 such loans, shall be as defined in section 502 of the Con12 gressional Budget Act of 1974: Provided further, That 

13 these funds are available to subsidize total loan principal, 

14 any part of which is to be guaranteed, not to exceed 

15 $367,255,000: Provided further, That these funds may be 

16 used to support loans to public and private Historically 

17 Black Colleges and Universities without regard to the limi18 tations within section 344(a) of the HEA. 

19 In addition, for administrative expenses to carry out 

20 the Historically Black College and University Capital Fi21 nancing Program entered into pursuant to part D of title 

22 III of the HEA, $353,000. 

23 INSTITUTE OF EDUCATION SCIENCES

24 For carrying out activities authorized by the Edu25 cation Sciences Reform Act of 2002, the National Assess-
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1 ment of Educational Progress Authorization Act, section 

2 208 of the Educational Technical Assistance Act of 2002, 

3 and section 664 of the Individuals with Disabilities Edu4 cation Act, $609,788,000, which shall remain available 

5 through September 30, 2013: Provided, That funds avail6 able to carry out section 208 of the Educational Technical 

7 Assistance Act may be used for Statewide data systems 

8 that include postsecondary and workforce information and 

9 information on children of all ages: Provided further, That 

10 up to $12,500,000 of the funds available to carry out sec11 tion 208 of the Educational Technical Assistance Act may 

12 be used for awards to public or private organizations or 

13 agencies to support activities to improve data coordina14 tion, quality, and use at the local, State, and national lev15 els. 

16 DEPARTMENTAL MANAGEMENT

17 PROGRAM ADMINISTRATION

18 For carrying out, to the extent not otherwise pro19 vided, the Department of Education Organization Act, in20 cluding rental of conference rooms in the District of Co21 lumbia and hire of three passenger motor vehicles, 

22 $449,074,000. 
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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil 

3 Rights, as authorized by section 203 of the Department 

4 of Education Organization Act, $102,818,000. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses necessary for the Office of the Inspector 

7 General, as authorized by section 212 of the Department 

8 of Education Organization Act, $59,933,000. 

9 GENERAL PROVISIONS

10 SEC. 301. No funds appropriated in this Act may be 

11 used for the transportation of students or teachers (or for 

12 the purchase of equipment for such transportation) in 

13 order to overcome racial imbalance in any school or school 

14 system, or for the transportation of students or teachers 

15 (or for the purchase of equipment for such transportation) 

16 in order to carry out a plan of racial desegregation of any 

17 school or school system. 

18 SEC. 302. None of the funds contained in this Act 

19 shall be used to require, directly or indirectly, the trans20 portation of any student to a school other than the school 

21 which is nearest the student’s home, except for a student 

22 requiring special education, to the school offering such 

23 special education, in order to comply with title VI of the 

24 Civil Rights Act of 1964. For the purpose of this section 

25 an indirect requirement of transportation of students in-
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1 cludes the transportation of students to carry out a plan 

2 involving the reorganization of the grade structure of 

3 schools, the pairing of schools, or the clustering of schools, 

4 or any combination of grade restructuring, pairing or clus5 tering. The prohibition described in this section does not 

6 include the establishment of magnet schools. 

7 SEC. 303. No funds appropriated in this Act may be 

8 used to prevent the implementation of programs of vol9 untary prayer and meditation in the public schools. 

10 (TRANSFER OF FUNDS)

11 SEC. 304. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and 

13 Emergency Deficit Control Act of 1985) which are appro14 priated for the Department of Education in this Act may 

15 be transferred between appropriations, but no such appro16 priation shall be increased by more than 3 percent by any 

17 such transfer: Provided, That the transfer authority 

18 granted by this section shall not be used to create any 

19 new program or to fund any project or activity for which 

20 no funds are provided in this Act: Provided further, That 

21 the Committees on Appropriations of the House of Rep22 resentatives and the Senate are notified at least 15 days 

23 in advance of any transfer. 
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1 SEC. 305. The Outlying Areas may consolidate funds 

2 received under this Act, pursuant to 48 U.S.C. 1469a, 

3 under part A of title V of the ESEA. 

4 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

5 of Free Association Amendments Act of 2003 (48 U.S.C. 

6 1921d(f)(1)(B)(ix)) shall be applied by substituting 

7 ‘‘2012’’ for ‘‘2009’’. 

8 SEC. 307. (a)(1) Section 428(a)(3)(A)(i)(I) of the 

9 HEA (20 U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read 

10 as follows: 

11 ‘‘(I) which accrues prior to the 

12 date the student ceases to carry at 

13 least one-half the normal full-time 

14 academic workload (as determined by 

15 the institution), or’’. 

16 (2) The amendment made by subsection (a)(1) 

17 shall apply to new Federal Direct Stafford Loans 

18 made on or after July 1, 2012. 

19 (b) Section 401(b)(8)(A)(iv) of the HEA (20 U.S.C. 

20 1070a(b)(8)(A)(iv)) is amended to read as follows: 

21 ‘‘(iv) to carry out this section— 

22 ‘‘(I) $13,500,000,000 for fiscal 

23 year 2011; 

24 ‘‘(II) $13,583,000,000 for fiscal 

25 year 2012; 
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1 ‘‘(III) $8,940,000,000 for fiscal 

2 year 2013, of which $896,000,000 

3 shall be available for the 2012–2013 

4 award year; 

5 ‘‘(IV) $0 for fiscal year 2014; 

6 ‘‘(V) $0 for fiscal year 2015; 

7 ‘‘(VI) $0 for fiscal year 2016; 

8 ‘‘(VII) $1,640,000,000 for fiscal 

9 year 2017; 

10 ‘‘(VIII) $1,705,000,000 for fiscal 

11 year 2018; 

12 ‘‘(IX) $1,775,000,000 for fiscal 

13 year 2019; 

14 ‘‘(X) $1,870,000,000 for fiscal 

15 year 2020; and 

16 ‘‘(XI) $2,055,000,000 for fiscal 

17 year 2021 and each succeeding fiscal 

18 year.’’. 

19 (c) Sections 482(c) and 492 of the HEA (20 U.S.C. 

20 1089(c), 1098a) shall not apply to the amendments made 

21 by this section, or to any regulations promulgated under 

22 those amendments. 

23 SEC. 308. (a) Notwithstanding any other provision 

24 of law, the Secretary is authorized to modify the terms 

25 and conditions of gulf hurricane disaster loans to affected 
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1 institutions pursuant to section 2601 of Public Law 109– 

2 234 using the authority provided herein, on such terms 

3 as the Secretary, the Secretary of the Treasury, and the 

4 Director of the Office of Management and Budget jointly 

5 determine are in the best interests of both the United 

6 States and the borrowers, and necessary to mitigate the 

7 economic effects of Hurricanes Katrina and Rita. Any 

8 modification under this section shall not result in any net 

9 cost to the Federal Government, as jointly determined by 

10 the Secretary, the Secretary of the Treasury, and the Di11 rector of the Office of Management and Budget, beginning 

12 on the date on which the Secretary modifies a loan under 

13 this section. 

14 (b) FEDERAL REGISTER NOTICE.—The Secretary, 

15 the Secretary of the Treasury, and the Director of the Of16 fice of Management and Budget, shall jointly publish a 

17 notice in the Federal Register prior to any modification 

18 of loans under paragraph (a) that— 

19 (1) establishes the terms and conditions gov20 erning the modifications authorized by paragraph 

21 (a); 

22 (2) includes an outline of the methodology and 

23 factors that the Secretary, the Secretary of the 

24 Treasury, and the Director of the Office of Manage25 ment and Budget, will jointly consider in evaluating 
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1 the modification of the loans made under this title; 

2 and 

3 (3) describes how the use of such methodology 

4 and consideration of such factors used to determine 

5 the modifications will ensure that loan modifications 

6 do not result in any net cost to the Federal Govern7 ment. 

8 (c) FEES.—An affected institution that receives a 

9 modification to its disaster loan pursuant to section 2601 

10 of Public Law 109–234 shall pay a fee to the Secretary 

11 which shall be credited to the HBCU Hurricane Supple12 mental Loan Program. Such fees shall remain available 

13 without fiscal year limitation to pay the modification costs. 

14 The amount of the fee paid shall be equal to the modifica15 tion cost as jointly determined by the Secretary, the Sec16 retary of the Treasury, and the Director of the Office of 

17 Management and Budget, calculated in accordance with 

18 section 502 of the Federal Credit Reform Act of 1990, 

19 as amended, of such loan. 

20 SEC. 309. Section 14006(c)(2) of division A of the 

21 American Recovery and Reinvestment Act of 2009 (as 

22 amended by section 1832(b) of division B of Public Law 

23 112–10) is amended by inserting before the period, ‘‘ex24 cept that such a State may use its grant funds to make 
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1 subgrants to public or private agencies and organizations 

2 for activities consistent with the purposes of the grant’’. 

3 This title may be cited as the ‘‘Department of Edu4 cation Appropriations Act, 2012’’. 

5 TITLE IV 

6 RELATED AGENCIES 

7 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

8 BLIND OR SEVERELY DISABLED

9 SALARIES AND EXPENSES

10 For expenses necessary for the Committee for Pur11 chase From People Who Are Blind or Severely Disabled 

12 established by Public Law 92–28, $5,385,000. 

13 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

14 OPERATING EXPENSES

15 For necessary expenses for the Corporation for Na16 tional and Community Service (referred to under this 

17 heading as ‘‘the Corporation’’) to carry out the Domestic 

18 Volunteer Service Act of 1973 (referred to in this title as 

19 ‘‘1973 Act’’) and the National and Community Service 

20 Act of 1990 (referred to in this title as ‘‘1990 Act’’), 

21 $781,869,000, notwithstanding sections 198B(b)(3), 

22 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: 

23 Provided, That of the amounts provided under this head24 ing: (1) up to 1 percent of program grant funds may be 

25 used to defray the costs of conducting grant application 
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1 reviews, including the use of outside peer reviewers and 

2 electronic management of the grants cycle; (2) 

3 $49,900,000 shall be available for expenses authorized 

4 under section 501(a)(4)(E) of the 1990 Act; (3) 

5 $7,485,000 shall be available for expenses to carry out 

6 sections 112(e), 179A, and 198O and subtitle J of title 

7 I of the 1990 Act, notwithstanding section 501(a)(6) of 

8 the 1990 Act; (4) $4,990,000 shall be available for grants 

9 to public or private nonprofit institutions to increase the 

10 participation of individuals with disabilities in national 

11 service and for demonstration activities in furtherance of 

12 this purpose, notwithstanding section 129(k)(1) of the 

13 1990 Act; (5) $16,966,000 shall be available to provide 

14 assistance to State commissions on national and commu15 nity service, under section 126(a) of the 1990 Act and 

16 notwithstanding section 501(a)(5)(B) of the 1990 Act; (6) 

17 $31,942,000 shall be available to carry out subtitle E of 

18 the 1990 Act; and (7) $3,992,000 shall be available for 

19 expenses authorized under section 501(a)(4)(F) of the 

20 1990 Act, which, notwithstanding the provisions of section 

21 198P shall be awarded by the Corporation on a competi22 tive basis. 
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1 NATIONAL SERVICE TRUST

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for the National Service 

4 Trust established under subtitle D of title I of the 1990 

5 Act, $215,200,000, to remain available until expended: 

6 Provided, That the Corporation may transfer additional 

7 funds from the amount provided within ‘‘Operating Ex8 penses’’ allocated to grants under subtitle C of title I of 

9 the 1990 Act to the National Service Trust upon deter10 mination that such transfer is necessary to support the 

11 activities of national service participants and after notice 

12 is transmitted to the Committees on Appropriations of the 

13 House of Representatives and the Senate: Provided fur14 ther, That amounts appropriated for or transferred to the 

15 National Service Trust may be invested under section 

16 145(b) of the 1990 Act without regard to the requirement 

17 to apportion funds under 31 U.S.C. 1513(b). 

18 SALARIES AND EXPENSES

19 For necessary expenses of administration as provided 

20 under section 501(a)(5) of the 1990 Act and under section 

21 504(a) of the 1973 Act, including payment of salaries, au22 thorized travel, hire of passenger motor vehicles, the rental 

23 of conference rooms in the District of Columbia, the em24 ployment of experts and consultants authorized under 5 
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1 U.S.C. 3109, and not to exceed $2,500 for official recep2 tion and representation expenses, $87,824,000. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the Inspector General Act of 1978, 

6 $7,685,000. 

7 ADMINISTRATIVE PROVISIONS

8 SEC. 401. The Corporation shall make any significant 

9 changes to program requirements, service delivery or pol10 icy only through public notice and comment rulemaking. 

11 For fiscal year 2010, during any grant selection process, 

12 an officer or employee of the Corporation shall not know13 ingly disclose any covered grant selection information re14 garding such selection, directly or indirectly, to any person 

15 other than an officer or employee of the Corporation that 

16 is authorized by the Corporation to receive such informa17 tion. 

18 SEC. 402. AmeriCorps programs receiving grants 

19 under the National Service Trust program shall meet an 

20 overall minimum share requirement of 24 percent for the 

21 first 3 years that they receive AmeriCorps funding, and 

22 thereafter shall meet the overall minimum share require23 ment as provided in section 2521.60 of title 45, Code of 

24 Federal Regulations, without regard to the operating costs 

25 match requirement in section 121(e) or the member sup-
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1 port Federal share limitations in section 140 of the 1990 

2 Act, and subject to partial waiver consistent with section 

3 2521.70 of title 45, Code of Federal Regulations. 

4 SEC. 403. Donations made to the Corporation under 

5 section 196 of the 1990 Act for the purposes of financing 

6 programs and operations under titles I and II of the 1973 

7 Act or subtitle B, C, D, or E of title I of the 1990 Act 

8 shall be used to supplement and not supplant current pro9 grams and operations. 

10 SEC. 404. In addition to the requirements in section 

11 146(a) of the 1990 Act, use of an educational award for 

12 the purpose described in section 148(a)(4) shall be limited 

13 to individuals who are veterans as defined under section 

14 101 of the Act. 

15 CORPORATION FOR PUBLIC BROADCASTING

16 For payment to the Corporation for Public Broad17 casting (referred to under this heading as the ‘‘Corpora18 tion’’), as authorized by the Communications Act of 1934, 

19 an amount which shall be available within limitations spec20 ified by that Act, for the fiscal year 2014, $445,000,000: 

21 Provided, That none of the funds made available to the 

22 Corporation by this Act shall be used to pay for receptions, 

23 parties, or similar forms of entertainment for Government 

24 officials or employees: Provided further, That none of the 

25 funds made available to the Corporation by this Act shall 
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1 be available or used to aid or support any program or ac2 tivity from which any person is excluded, or is denied ben3 efits, or is discriminated against, on the basis of race, 

4 color, national origin, religion, or sex: Provided further, 

5 That none of the funds made available to the Corporation 

6 by this Act shall be used to apply any political test or 

7 qualification in selecting, appointing, promoting, or taking 

8 any other personnel action with respect to officers, agents, 

9 and employees of the Corporation: Provided further, That 

10 none of the funds made available to the Corporation by 

11 this Act shall be used to support the Television Future 

12 Fund or any similar purpose: Provided further, That for 

13 fiscal year 2012, in addition to the amounts provided 

14 above, $5,998,000 shall be provided for costs related to 

15 digital program production, development, and distribution, 

16 associated with the transition of public broadcasting to 

17 digital broadcasting, to be awarded as determined by the 

18 Corporation in consultation with public radio and tele19 vision licensees or permittees, or their designated rep20 resentatives. 

21 FEDERAL MEDIATION AND CONCILIATION SERVICE

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Mediation 

24 and Conciliation Service (‘‘Service’’) to carry out the func25 tions vested in it by the Labor Management Relations Act, 
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1 1947, including hire of passenger motor vehicles; for ex2 penses necessary for the Labor-Management Cooperation 

3 Act of 1978; and for expenses necessary for the Service 

4 to carry out the functions vested in it by the Civil Service 

5 Reform Act, $46,559,000, including $349,000 for activi6 ties authorized by the Labor-Management Cooperation 

7 Act of 1978: Provided, That notwithstanding 31 U.S.C. 

8 3302, fees charged, up to full-cost recovery, for special 

9 training activities and other conflict resolution services 

10 and technical assistance, including those provided to for11 eign governments and international organizations, and for 

12 arbitration services shall be credited to and merged with 

13 this account, and shall remain available until expended: 

14 Provided further, That fees for arbitration services shall 

15 be available only for education, training, and professional 

16 development of the agency workforce: Provided further, 

17 That the Director of the Service is authorized to accept 

18 and use on behalf of the United States gifts of services 

19 and real, personal, or other property in the aid of any 

20 projects or functions within the Director’s jurisdiction. 

21 FEDERAL MINE SAFETY AND HEALTH REVIEW

22 COMMISSION

23 SALARIES AND EXPENSES

24 For expenses necessary for the Federal Mine Safety 

25 and Health Review Commission, $17,337,000. 
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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3 AND ADMINISTRATION

4 For carrying out the Museum and Library Services 

5 Act of 1996 and the National Museum of African Amer6 ican History and Culture Act, $237,393,000. 

7 MEDICAID AND SCHIP PAYMENT AND ACCESS

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Medicaid and SCHIP 

11 Payment and Access Commission as authorized by section 

12 1900 of the Social Security Act, $10,500,000. 

13 MEDICARE PAYMENT ADVISORY COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out section 1805 of 

16 the Social Security Act, $12,425,000, to be transferred to 

17 this appropriation from the Federal Hospital Insurance 

18 Trust Fund and the Federal Supplementary Medical In19 surance Trust Fund. 

20 NATIONAL COUNCIL ON DISABILITY

21 SALARIES AND EXPENSES

22 For expenses necessary for the National Council on 

23 Disability as authorized by title IV of the Rehabilitation 

24 Act of 1973, $3,264,000. 
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1 NATIONAL HEALTH CARE WORKFORCE COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Health Care 

4 Workforce Commission as authorized by section 5101 of 

5 the Patient Protection and Affordable Care Act, 

6 $3,000,000. 

7 NATIONAL LABOR RELATIONS BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary for the National Labor Rela10 tions Board to carry out the functions vested in it by the 

11 Labor-Management Relations Act, 1947, and other laws, 

12 $282,833,000: Provided, That no part of this appropria13 tion shall be available to organize or assist in organizing 

14 agricultural laborers or used in connection with investiga15 tions, hearings, directives, or orders concerning bargaining 

16 units composed of agricultural laborers as referred to in 

17 section 2(3) of the Act of July 5, 1935, and as amended 

18 by the Labor-Management Relations Act, 1947, and as de19 fined in section 3(f) of the Act of June 25, 1938, and 

20 including in said definition employees engaged in the 

21 maintenance and operation of ditches, canals, reservoirs, 

22 and waterways when maintained or operated on a mutual, 

23 nonprofit basis and at least 95 percent of the water stored 

24 or supplied thereby is used for farming purposes. 
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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions 

4 of the Railway Labor Act, including emergency boards ap5 pointed by the President, $13,436,000. 

6 OCCUPATIONAL SAFETY AND HEALTH REVIEW

7 COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Occupational Safety 

10 and Health Review Commission, $11,689,000. 

11 RAILROAD RETIREMENT BOARD

12 DUAL BENEFITS PAYMENTS ACCOUNT

13 For payment to the Dual Benefits Payments Ac14 count, authorized under section 15(d) of the Railroad Re15 tirement Act of 1974, $51,000,000, which shall include 

16 amounts becoming available in fiscal year 2012 pursuant 

17 to section 224(c)(1)(B) of Public Law 98–76; and in addi18 tion, an amount, not to exceed 2 percent of the amount 

19 provided herein, shall be available proportional to the 

20 amount by which the product of recipients and the average 

21 benefit received exceeds the amount available for payment 

22 of vested dual benefits: Provided, That the total amount 

23 provided herein shall be credited in 12 approximately 

24 equal amounts on the first day of each month in the fiscal 

25 year. 
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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the 

4 Treasury for the payment of benefits under the Railroad 

5 Retirement Act for interest earned on unnegotiated 

6 checks, $150,000, to remain available through September 

7 30, 2013, which shall be the maximum amount available 

8 for payment pursuant to section 417 of Public Law 98– 

9 76. 

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement 

12 Board (‘‘Board’’) for administration of the Railroad Re13 tirement Act and the Railroad Unemployment Insurance 

14 Act, $108,855,000, to be derived in such amounts as de15 termined by the Board from the railroad retirement ac16 counts and from moneys credited to the railroad unem17 ployment insurance administration fund. 

18 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General for audit, investigatory and review activities, as 

21 authorized by the Inspector General Act of 1978, not more 

22 than $8,170,000, to be derived from the railroad retire23 ment accounts and railroad unemployment insurance ac24 count. 
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1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors 

4 Insurance Trust Fund and the Federal Disability Insur5 ance Trust Fund, as provided under sections 201(m), 

6 228(g), and 1131(b)(2) of the Social Security Act, 

7 $20,404,000. 

8 SUPPLEMENTAL SECURITY INCOME PROGRAM

9 For carrying out titles XI and XVI of the Social Se10 curity Act, section 401 of Public Law 92–603, section 212 

11 of Public Law 93–66, as amended, and section 405 of 

12 Public Law 95–216, including payment to the Social Secu13 rity trust funds for administrative expenses incurred pur14 suant to section 201(g)(1) of the Social Security Act, 

15 $37,922,543,000, to remain available until expended: Pro16 vided, That any portion of the funds provided to a State 

17 in the current fiscal year and not obligated by the State 

18 during that year shall be returned to the Treasury. 

19 For making, after June 15 of the current fiscal year, 

20 benefit payments to individuals under title XVI of the So21 cial Security Act, for unanticipated costs incurred for the 

22 current fiscal year, such sums as may be necessary. 

23 For making benefit payments under title XVI of the 

24 Social Security Act for the first quarter of fiscal year 
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1 2013, $18,200,000,000, to remain available until ex2 pended. 

3 LIMITATION ON ADMINISTRATIVE EXPENSES

4 For necessary expenses, including the hire of two pas5 senger motor vehicles, and not to exceed $20,000 for offi6 cial reception and representation expenses, not more than 

7 $10,853,948,000 may be expended, as authorized by sec8 tion 201(g)(1) of the Social Security Act, and including 

9 the development of systems in support of Social Security 

10 number verification for States, from any one or all of the 

11 trust funds referred to therein: Provided, That not less 

12 than $2,150,000 shall be for the Social Security Advisory 

13 Board: Provided further, That unobligated balances of 

14 funds provided under this paragraph at the end of fiscal 

15 year 2012 not needed for fiscal year 2012 shall remain 

16 available until expended to invest in the Social Security 

17 Administration information technology and telecommuni18 cations hardware and software infrastructure, including 

19 related equipment and non-payroll administrative expenses 

20 associated solely with this information technology and tele21 communications infrastructure: Provided further, That the 

22 Commissioner of Social Security shall provide information 

23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate each year, at the same time 

25 the President’s budget is submitted to Congress, regarding 
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1 the estimated amount of prior year unobligated balances 

2 that will be available and used under the authority in the 

3 previous proviso and shall notify such Committees prior 

4 to when funds are made available under such authority: 

5 Provided further, That reimbursement to the trust funds 

6 under this heading for expenditures for official time for 

7 employees of the Social Security Administration pursuant 

8 to 5 U.S.C. 7131, and for facilities or support services 

9 for labor organizations pursuant to policies, regulations, 

10 or procedures referred to in section 7135(b) of such title 

11 shall be made by the Secretary of the Treasury, with inter12 est, from amounts in the general fund not otherwise ap13 propriated, as soon as possible after such expenditures are 

14 made. 

15 From funds provided under the first paragraph, not 

16 less than $273,000,000 shall be available for the cost asso17 ciated with conducting continuing disability reviews under 

18 titles II and XVI of the Social Security Act and for the 

19 cost associated with conducting redeterminations of eligi20 bility under title XVI of the Social Security Act. 

21 In addition to the amounts made available above, and 

22 subject to the same terms and conditions, $623,000,000, 

23 for additional continuing disability reviews and redeter24 minations of eligibility: Provided, That the Commissioner 

25 shall provide to the Congress (at the conclusion of the fis-
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1 cal year) a report on the obligation and expenditure of 

2 these additional amounts, similar to the reports that were 

3 required by section 103(d)(2) of Public Law 104–121 for 

4 fiscal years 1996 through 2002. 

5 In addition, $155,000,000 to be derived from admin6 istration fees in excess of $5.00 per supplementary pay7 ment collected pursuant to section 1616(d) of the Social 

8 Security Act or section 212(b)(3) of Public Law 93–66, 

9 which shall remain available until expended. To the extent 

10 that the amounts collected pursuant to such sections in 

11 fiscal year 2012 exceed $155,000,000, the amounts shall 

12 be available in fiscal year 2013 only to the extent provided 

13 in advance in appropriations Acts. 

14 In addition, up to $500,000 to be derived from fees 

15 collected pursuant to section 303(c) of the Social Security 

16 Protection Act, which shall remain available until ex17 pended. 

18 OFFICE OF INSPECTOR GENERAL

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses necessary for the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, $28,942,000, together with not to 

23 exceed $73,535,000, to be transferred and expended as 

24 authorized by section 201(g)(1) of the Social Security Act 
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1 from the Federal Old-Age and Survivors Insurance Trust 

2 Fund and the Federal Disability Insurance Trust Fund. 

3 In addition, an amount not to exceed 3 percent of 

4 the total provided in this appropriation may be transferred 

5 from the ‘‘Limitation on Administrative Expenses’’, Social 

6 Security Administration, to be merged with this account, 

7 to be available for the time and purposes for which this 

8 account is available: Provided, That notice of such trans9 fers shall be transmitted promptly to the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate. 

12 TITLE V 

13 GENERAL PROVISIONS 

14 SEC. 501. The Secretaries of Labor, Health and 

15 Human Services, and Education are authorized to transfer 

16 unexpended balances of prior appropriations to accounts 

17 corresponding to current appropriations provided in this 

18 Act. Such transferred balances shall be used for the same 

19 purpose, and for the same periods of time, for which they 

20 were originally appropriated. 

21 SEC. 502. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

24 SEC. 503. (a) No part of any appropriation contained 

25 in this Act shall be used, other than for normal and recog-
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1 nized executive-legislative relationships, for publicity or 

2 propaganda purposes, for the preparation, distribution, or 

3 use of any kit, pamphlet, booklet, publication, radio, tele4 vision, or video presentation designed to support or defeat 

5 legislation pending before the Congress or any State legis6 lature, except in presentation to the Congress or any State 

7 legislature itself. 

8 (b) No part of any appropriation contained in this 

9 Act shall be used to pay the salary or expenses of any 

10 grant or contract recipient, or agent acting for such recipi11 ent, related to any activity designed to influence legislation 

12 or appropriations pending before the Congress or any 

13 State legislature. 

14 SEC. 504. The Secretaries of Labor and Education 

15 are authorized to make available not to exceed $28,000 

16 and $22,000, respectively, from funds available for sala17 ries and expenses under titles I and III, respectively, for 

18 official reception and representation expenses; the Direc19 tor of the Federal Mediation and Conciliation Service is 

20 authorized to make available for official reception and rep21 resentation expenses not to exceed $5,000 from the funds 

22 available for ‘‘Federal Mediation and Conciliation Service, 

23 Salaries and expenses’’; and the Chairman of the National 

24 Mediation Board is authorized to make available for offi25 cial reception and representation expenses not to exceed 
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1 $5,000 from funds available for ‘‘National Mediation 

2 Board, Salaries and expenses’’. 

3 SEC. 505. None of the funds contained in this Act 

4 may be used to distribute any needle or syringe for the 

5 purpose of preventing the spread of blood borne pathogens 

6 in any location that has been determined by the local pub7 lic health or local law enforcement authorities to be inap8 propriate for such distribution. 

9 SEC. 506. When issuing statements, press releases, 

10 requests for proposals, bid solicitations and other docu11 ments describing projects or programs funded in whole or 

12 in part with Federal money, all grantees receiving Federal 

13 funds included in this Act, including but not limited to 

14 State and local governments and recipients of Federal re15 search grants, shall clearly state— 

16 (1) the percentage of the total costs of the pro17 gram or project which will be financed with Federal 

18 money; 

19 (2) the dollar amount of Federal funds for the 

20 project or program; and 

21 (3) percentage and dollar amount of the total 

22 costs of the project or program that will be financed 

23 by non-governmental sources. 

24 SEC. 507. (a) None of the funds appropriated in this 

25 Act, and none of the funds in any trust fund to which 
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1 funds are appropriated in this Act, shall be expended for 

2 any abortion. 

3 (b) None of the funds appropriated in this Act, and 

4 none of the funds in any trust fund to which funds are 

5 appropriated in this Act, shall be expended for health ben6 efits coverage that includes coverage of abortion. 

7 (c) The term ‘‘health benefits coverage’’ means the 

8 package of services covered by a managed care provider 

9 or organization pursuant to a contract or other arrange10 ment. 

11 SEC. 508. (a) The limitations established in the pre12 ceding section shall not apply to an abortion— 

13 (1) if the pregnancy is the result of an act of 

14 rape or incest; or 

15 (2) in the case where a woman suffers from a 

16 physical disorder, physical injury, or physical illness, 

17 including a life-endangering physical condition 

18 caused by or arising from the pregnancy itself, that 

19 would, as certified by a physician, place the woman 

20 in danger of death unless an abortion is performed. 

21 (b) Nothing in the preceding section shall be con22 strued as prohibiting the expenditure by a State, locality, 

23 entity, or private person of State, local, or private funds 

24 (other than a State’s or locality’s contribution of Medicaid 

25 matching funds). 
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1 (c) Nothing in the preceding section shall be con2 strued as restricting the ability of any managed care pro3 vider from offering abortion coverage or the ability of a 

4 State or locality to contract separately with such a pro5 vider for such coverage with State funds (other than a 

6 State’s or locality’s contribution of Medicaid matching 

7 funds). 

8 (d)(1) None of the funds made available in this Act 

9 may be made available to a Federal agency or program, 

10 or to a State or local government, if such agency, program, 

11 or government subjects any institutional or individual 

12 health care entity to discrimination on the basis that the 

13 health care entity does not provide, pay for, provide cov14 erage of, or refer for abortions. 

15 (2) In this subsection, the term ‘‘health care entity’’ 

16 includes an individual physician or other health care pro17 fessional, a hospital, a provider-sponsored organization, a 

18 health maintenance organization, a health insurance plan, 

19 or any other kind of health care facility, organization, or 

20 plan. 

21 SEC. 509. (a) None of the funds made available in 

22 this Act may be used for— 

23 (1) the creation of a human embryo or embryos 

24 for research purposes; or 
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1 (2) research in which a human embryo or em2 bryos are destroyed, discarded, or knowingly sub3 jected to risk of injury or death greater than that 

4 allowed for research on fetuses in utero under 45 

5 CFR 46.204(b) and section 498(b) of the Public 

6 Health Service Act (42 U.S.C. 289g(b)). 

7 (b) For purposes of this section, the term ‘‘human 

8 embryo or embryos’’ includes any organism, not protected 

9 as a human subject under 45 CFR 46 as of the date of 

10 the enactment of this Act, that is derived by fertilization, 

11 parthenogenesis, cloning, or any other means from one or 

12 more human gametes or human diploid cells. 

13 SEC. 510. (a) None of the funds made available in 

14 this Act may be used for any activity that promotes the 

15 legalization of any drug or other substance included in 

16 schedule I of the schedules of controlled substances estab17 lished under section 202 of the Controlled Substances Act 

18 except for normal and recognized executive-congressional 

19 communications. 

20 (b) The limitation in subsection (a) shall not apply 

21 when there is significant medical evidence of a therapeutic 

22 advantage to the use of such drug or other substance or 

23 that federally sponsored clinical trials are being conducted 

24 to determine therapeutic advantage. 
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1 SEC. 511. None of the funds made available in this 

2 Act may be used to promulgate or adopt any final stand3 ard under section 1173(b) of the Social Security Act pro4 viding for, or providing for the assignment of, a unique 

5 health identifier for an individual (except in an individ6 ual’s capacity as an employer or a health care provider), 

7 until legislation is enacted specifically approving the 

8 standard. 

9 SEC. 512. None of the funds made available in this 

10 Act may be obligated or expended to enter into or renew 

11 a contract with an entity if— 

12 (1) such entity is otherwise a contractor with 

13 the United States and is subject to the requirement 

14 in 38 U.S.C. 4212(d) regarding submission of an 

15 annual report to the Secretary of Labor concerning 

16 employment of certain veterans; and 

17 (2) such entity has not submitted a report as 

18 required by that section for the most recent year for 

19 which such requirement was applicable to such enti20 ty. 

21 SEC. 513. None of the funds made available in this 

22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except 

24 pursuant to a transfer made by, or transfer authority pro25 vided in, this Act or any other appropriation Act. 
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1 SEC. 514. None of the funds made available by this 

2 Act to carry out the Library Services and Technology Act 

3 may be made available to any library covered by para4 graph (1) of section 224(f) of such Act, as amended by 

5 the Children’s Internet Protection Act, unless such library 

6 has made the certifications required by paragraph (4) of 

7 such section. 

8 SEC. 515. (a) None of the funds provided under this 

9 Act, or provided under previous appropriations Acts to the 

10 agencies funded by this Act that remain available for obli11 gation or expenditure in fiscal year 2012, or provided from 

12 any accounts in the Treasury of the United States derived 

13 by the collection of fees available to the agencies funded 

14 by this Act, shall be available for obligation or expenditure 

15 through a reprogramming of funds that— 

16 (1) creates new programs; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel by any means 

19 for any project or activity for which funds have been 

20 denied or restricted; 

21 (4) relocates an office or employees; 

22 (5) reorganizes or renames offices; 

23 (6) reorganizes programs or activities; or 

24 (7) contracts out or privatizes any functions or 

25 activities presently performed by Federal employees; 
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1 unless the Committees on Appropriations of the House of 

2 Representatives and the Senate are notified 15 days in 

3 advance of such reprogramming or of an announcement 

4 of intent relating to such reprogramming, whichever oc5 curs earlier. 

6 (b) None of the funds provided under this Act, or 

7 provided under previous appropriations Acts to the agen8 cies funded by this Act that remain available for obligation 

9 or expenditure in fiscal year 2012, or provided from any 

10 accounts in the Treasury of the United States derived by 

11 the collection of fees available to the agencies funded by 

12 this Act, shall be available for obligation or expenditure 

13 through a reprogramming of funds in excess of $500,000 

14 or 10 percent, whichever is less, that— 

15 (1) augments existing programs, projects (in16 cluding construction projects), or activities; 

17 (2) reduces by 10 percent funding for any exist18 ing program, project, or activity, or numbers of per19 sonnel by 10 percent as approved by Congress; or 

20 (3) results from any general savings from a re21 duction in personnel which would result in a change 

22 in existing programs, activities, or projects as ap23 proved by Congress; 

24 unless the Committees on Appropriations of the House of 

25 Representatives and the Senate are notified 15 days in 
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1 advance of such reprogramming or of an announcement 

2 of intent relating to such reprogramming, whichever oc3 curs earlier. 

4 SEC. 516. (a) None of the funds made available in 

5 this Act may be used to request that a candidate for ap6 pointment to a Federal scientific advisory committee dis7 close the political affiliation or voting history of the can8 didate or the position that the candidate holds with re9 spect to political issues not directly related to and nec10 essary for the work of the committee involved. 

11 (b) None of the funds made available in this Act may 

12 be used to disseminate scientific information that is delib13 erately false or misleading. 

14 SEC. 517. Within 45 days of enactment of this Act, 

15 each department and related agency funded through this 

16 Act shall submit an operating plan that details at the pro17 gram, project, and activity level any funding allocations 

18 for fiscal year 2012 that are different than those specified 

19 in this Act, the accompanying detailed table in the state20 ment of the managers on the conference report accom21 panying this Act, or the fiscal year 2012 budget request. 

22 SEC. 518. The Secretaries of Labor, Health and 

23 Human Services, and Education shall each prepare and 

24 submit to the Committees on Appropriations of the House 

25 of Representatives and the Senate a report on the number 
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1 and amount of contracts, grants, and cooperative agree2 ments exceeding $500,000 in value and awarded by the 

3 Department on a non-competitive basis during each quar4 ter of fiscal year 2012, but not to include grants awarded 

5 on a formula basis or directed by law. Such report shall 

6 include the name of the contractor or grantee, the amount 

7 of funding, the governmental purpose, including a jus8 tification for issuing the award on a non-competitive basis. 

9 Such report shall be transmitted to the Committees within 

10 30 days after the end of the quarter for which the report 

11 is submitted. 

12 SEC. 519. None of the funds made available in this 

13 Act may be used for first-class travel by the employees 

14 of agencies funded by this Act in contravention of sections 

15 301–10.124 of title 41, Code of Federal Regulations. 

16 SEC. 520. None of the funds appropriated or other17 wise made available by this Act may be used to enter into 

18 a contract in an amount greater than $5,000,000 or to 

19 award a grant in excess of such amount unless the pro20 spective contractor or grantee certifies in writing to the 

21 agency awarding the contract or grant that, to the best 

22 of its knowledge and belief, the contractor or grantee has 

23 filed all Federal tax returns required during the three 

24 years preceding the certification, has not been convicted 

25 of a criminal offense under the Internal Revenue Code of 
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1 1986, and has not, more than 90 days prior to certifi2 cation, been notified of any unpaid Federal tax assessment 

3 for which the liability remains unsatisfied, unless the as4 sessment is the subject of an installment agreement or 

5 offer in compromise that has been approved by the Inter6 nal Revenue Service and is not in default, or the assess7 ment is the subject of a non-frivolous administrative or 

8 judicial proceeding. 

9 (RESCISSION)

10 SEC. 521. Of the funds made available for perform11 ance bonus payments under section 2105(a)(3)(E) of the 

12 Social Security Act, $6,830,797,000 are hereby perma13 nently rescinded. 

14 This Act may be cited as the ‘‘Departments of Labor, 

15 Health and Human Services, and Education, and Related 

16 Agencies Appropriations Act, 2012’’. 

Calendar No. 178 

112TH CONGRESS 

1ST SESSION S. 1599 

[Report No. 112–84] 

A BILL 

Making appropriations for Departments of Labor, 

tember 30, 2012, and for other purposes. related agencies for the fiscal year ending SepHealth and Human Services, and Education, and 

SEPTEMBER 22, 2011 

Read twice and placed on the calendar