```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1599 Placed on Calendar Senate (PCS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for Departments of Labor, Health and Human Services, and 
Education, and related agencies for the fiscal year ending September 
30, 2012, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(referred to in this Act as ``WIA''), the Second Chance Act of 2007, 
and the Women in Apprenticeship and Non-Traditional Occupations Act of 
1992 (``WANTO''), including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA, $3,310,247,000, plus reimbursements, 
shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,660,268,000 as follows:
                    (A) $770,922,000 for adult employment and training 
                activities, of which $58,922,000 shall be available for 
                the period July 1, 2012, through June 30, 2013, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2012 through June 30, 2013;
                    (B) $825,914,000 for youth activities, which shall 
                be available for the period April 1, 2012 through June 
                30, 2013; and
                    (C) $1,063,432,000 for dislocated worker employment 
                and training activities, of which $203,432,000 shall be 
                available for the period July 1, 2012 through June 30, 
                2013, and of which $860,000,000 shall be available for 
                the period October 1, 2012 through June 30, 2013:
          Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds 
        may be transferred by a local board if approved by the 
        Governor:  Provided further, That a local board may award a 
        contract to an institution of higher education or other 
        eligible training provider if the local board determines that 
        it would facilitate the training of multiple individuals in 
        high-demand occupations, if such contract does not limit 
        customer choice:  Provided further, That notwithstanding 
        section 128(a)(1) of the WIA, the amount available to the 
        Governor for statewide workforce investment activities shall 
        not exceed 5 percent of the amount allotted to the State from 
        each of the appropriations under the preceding subparagraphs;
            (2) for federally administered programs, $542,053,000 as 
        follows:
                    (A) $224,112,000 for the dislocated workers 
                assistance national reserve, of which $24,112,000 shall 
                be available for the period July 1, 2012 through June 
                30, 2013, and of which $200,000,000 shall be available 
                for the period October 1, 2012 through June 30, 2013:  
                Provided, That funds provided to carry out section 
                132(a)(2)(A) of the WIA may be used to provide 
                assistance to a State for statewide or local use in 
                order to address cases where there have been worker 
                dislocations across multiple sectors or across multiple 
                local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers:  Provided further, That 
                funds provided to carry out section 171(d) of the WIA 
                may be used for demonstration projects that provide 
                assistance to new entrants in the workforce and 
                incumbent workers:  Provided further, That none of the 
                funds shall be obligated to carry out section 173(e) of 
                the WIA;
                    (B) $52,652,000 for Native American programs, which 
                shall be available for the period July 1, 2012 through 
                June 30, 2013;
                    (C) $84,451,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $78,253,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $5,689,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $509,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2012 through June 30, 2013:  
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;
                    (D) $998,000 for carrying out the WANTO, which 
                shall be available for the period July 1, 2012 through 
                June 30, 2013; and
                    (E) $79,840,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2012 through June 30, 
                2013; and
                    (F) $100,000,000 to be available to the Secretary 
                of Labor (referred to in this title as ``Secretary'') 
                for the Workforce Innovation Fund to carry out projects 
                that demonstrate innovative strategies or replicate 
                effective evidence-based strategies that align and 
                strengthen the workforce investment system in order to 
                improve program delivery and education and employment 
                outcomes for beneficiaries, which shall be for the 
                period July 1, 2012, through September 30, 2013:  
                Provided, That amounts shall be available for awards to 
                States or State agencies that are eligible for 
                assistance under any program authorized under the WIA, 
                consortia of States, or partnerships, including 
                regional partnerships:  Provided further, That not more 
                than 5 percent of the funds available for workforce 
                innovation activities shall be for technical assistance 
                and evaluations related to the projects carried out 
                with these funds;
            (3) for national activities, $107,926,000, as follows:
                    (A) $10,480,000, in addition to any amounts 
                available under paragraph (2), for Pilots, 
                Demonstrations, and Research, which shall be available 
                for the period April 1, 2012 through June 30, 2013:  
                Provided, That funds for program year 2011 that were 
                designated for grants to address the employment and 
                training needs of young parents may be used for other 
                pilots, demonstration and research activities;
                    (B) $75,390,000 for ex-offender activities, under 
                the authority of section 171 of the WIA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2012 through June 30, 
                2013, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA:  Provided, 
                That of this amount, $20,000,000 shall be for 
                competitive grants to national and regional 
                intermediaries for activities that prepare young ex-
                offenders and school dropouts for employment, with a 
                priority for projects serving high-crime, high-poverty 
                areas;
                    (C) $9,581,000 for Evaluation, which shall be 
                available for the period July 1, 2012 through June 30, 
                2013; and
                    (D) $12,475,000 for the Workforce Data Quality 
                Initiative, under the authority of section 171(c)(2) of 
                the WIA, which shall be available for the period July 
                1, 2012 through June 30, 2013, and which shall not be 
                subject to the requirements of section 171(c)(4)(D).

                          office of jobs corps

    To carry out subtitle C of title I of the WIA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration and repairs of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA, $1,706,171,000, plus reimbursements, 
as follows:
            (1) $1,572,049,000 for Job Corps Operations, of which 
        $981,049,000 shall be available for obligation for the period 
        July 1, 2012 through June 30, 2013 and of which $591,000,000 
        shall be available for obligation for the period October 1, 
        2012 through June 30, 2013;
            (2) $104,990,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, of which $4,990,000 shall be 
        available for the period July 1, 2012 through June 30, 2015 and 
        $100,000,000 shall be available for the period October 1, 2012 
        through June 30, 2015:  Provided, That the Secretary may 
        transfer up to 15 percent of such funds to meet the operational 
        needs of such centers or to achieve administrative 
        efficiencies:  Provided further, That any funds transferred 
        pursuant to the preceding proviso shall not be available for 
        obligation after June 30, 2013; and
            (3) $29,132,000 for necessary expenses of the Office of Job 
        Corps, which shall be available for obligation for the period 
        October 1, 2011 through September 30, 2012:
  Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (``OAA''), 
$449,100,000, which shall be available for the period July 1, 2012 
through June 30, 2013, and may be recaptured and reobligated in 
accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 2012 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, including benefit payments, allowances, training, and related 
State administration provided pursuant to paragraphs (1) and (2) of 
section 1891(b) of the Trade and Globalization Adjustment Assistance 
Act of 2009, $1,100,100,000, together with such amounts as may be 
necessary to be charged to the subsequent appropriation for payments 
for any period subsequent to September 15, 2012.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $86,231,000, together with 
not to exceed $4,008,441,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $3,231,154,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (which includes all amounts available to conduct in-person re-
        employment and eligibility assessments and unemployment 
        insurance improper payment reviews), the administration of 
        unemployment insurance for Federal employees and for ex-service 
        members as authorized under 5 U.S.C. 8501-8523, and the 
        administration of trade readjustment allowances, re-employment 
        trade adjustment assistance, and alternative trade adjustment 
        assistance under the Trade Act of 1974 and under section 
        1891(b) of the Trade and Globalization Adjustment Assistance 
        Act of 2009, and shall be available for obligation by the 
        States through December 31, 2012, except that funds used for 
        automation acquisitions or for competitive grants to be awarded 
        to States to address worker misclassification, system 
        improvements or improper payments shall be available for 
        obligation by the States through September 30, 2014, and funds 
        used for unemployment insurance workloads experienced by the 
        States through September 30, 2012, shall be available for 
        Federal obligation through December 31, 2012;
            (2) $11,287,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $679,531,000 from the Trust Fund, together with 
        $22,638,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2012 through June 30, 2013;
            (4) $20,952,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $65,517,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $50,418,000 shall be available for the 
        Federal administration of such activities, and $15,099,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $63,593,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the WIA and shall be available for Federal 
        obligation for the period July 1, 2012 through June 30, 2013:
  Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2012 is projected by the 
Department of Labor to exceed 4,832,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act:  Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act:  Provided further, That the Secretary may use 
funds appropriated for grants to States under title III of the Social 
Security Act to make payments on behalf of States for the use of the 
National Directory of New Hires under section 453(j)(8) of such Act:  
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance or immigration programs, may be obligated in contracts, 
grants, or agreements with non-State entities:  Provided further, That 
funds appropriated under this Act for activities authorized under title 
III of the Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed under the Office of Management and Budget Circular A-87:  
Provided further, That the Secretary, at the request of a State 
participating in a consortium with other States, may reallot funds 
allotted to such State under title III of the Social Security Act to 
other States participating in the consortium in order to carry out 
activities that benefit the administration of the unemployment 
compensation law of the State making the request.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the 
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of 
the Internal Revenue Code of 1986; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal Unemployment Benefits and Allowances'' account, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2013.

                         program administration

    For expenses of administering employment and training programs, 
$97,320,000, together with not to exceed $50,040,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $195,528,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104, as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2012, for the Corporation:  Provided, That none of the 
funds available to the Corporation for fiscal year 2012 shall be 
available for obligations for administrative expenses in excess of 
$476,901,000:  Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2012, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2013 for obligation 
for administrative expenses for every 20,000 additional terminated 
participants:  Provided further, That an additional $50,000 shall be 
made available through September 30, 2013, for obligation for 
investment management fees for every $25,000,000 in assets received by 
the Corporation as a result of new plan terminations or asset growth, 
after approval by the Office of Management and Budget and notification 
of the Committees on Appropriations of the House of Representatives and 
the Senate:  Provided further, That obligations in excess of the 
amounts provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses or extraordinary multiemployer 
program related expenses after approval by the Office of Management and 
Budget and notification of the Committees on Appropriations of the 
House of Representatives and the Senate.

                         Wage and Hour Division

                         salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $227,491,000.

                  Office of Labor Management Standards

                         salaries and expenses

    For necessary expenses for the Office of Labor Management 
Standards, $41,367,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $115,939,000, together with $2,124,000 which may be expended 
from the Special Fund in accordance with sections 39(c), 44(d), and 
44(j) of the Longshore and Harbor Worker's Compensation Act.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948; and 50 percent of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $350,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year:  Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, 
who is not the employer at the time of injury, for portions of the 
salary of a re-employed, disabled beneficiary:  Provided further, That 
balances of reimbursements unobligated on September 30, 2011, shall 
remain available until expended for the payment of compensation, 
benefits, and expenses:  Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 
8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2012:  Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $59,488,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $17,253,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $26,769,000;
            (3) For periodic roll management and medical review, 
        $15,466,000; and
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
  Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or 
the Longshore and Harbor Workers' Compensation Act, provide as part of 
such notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $141,227,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2013, $40,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $52,147,000, to remain 
available until expended:  Provided, That the Secretary may require 
that any person filing a claim for benefits under the Act provide as 
part of such claim, such identifying information (including Social 
Security account number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

    Such sums as may be necessary from the Black Lung Disability Trust 
Fund (``Fund''), to remain available until expended, for payment of all 
benefits authorized by section 9501(d)(1), (2), (6), and (7) of the 
Internal Revenue Code of 1986; and repayment of, and payment of 
interest on advances, as authorized by section 9501(d)(4) of that Act. 
In addition, the following amounts may be expended from the Fund for 
fiscal year 2012 for expenses of operation and administration of the 
Black Lung Benefits program, as authorized by section 9501(d)(5): not 
to exceed $32,906,000 for transfer to the Office of Workers' 
Compensation Programs ``Salaries and Expenses''; not to exceed 
$25,217,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; not to exceed $327,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $561,119,000, including not to exceed $104,393,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $200,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2012, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace:  
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees:  Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
  Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees:  Provided 
further, That $10,729,000 shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for the Mine Safety and Health 
Administration, $371,500,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,475,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; and, in 
addition, the Secretary may transfer from amounts provided under this 
heading up to $2,000,000 to ``Departmental Management'' for activities 
related to the Office of the Solicitor's caseload before the Federal 
Mine Safety and Health Review Commission; the Secretary is authorized 
to accept lands, buildings, equipment, and other contributions from 
public and private sources and to prosecute projects in cooperation 
with other agencies, Federal, State, or private; the Mine Safety and 
Health Administration is authorized to promote health and safety 
education and training in the mining community through cooperative 
programs with States, industry, and safety associations; the Secretary 
is authorized to recognize the Joseph A. Holmes Safety Association as a 
principal safety association and, notwithstanding any other provision 
of law, may provide funds and, with or without reimbursement, 
personnel, including service of Mine Safety and Health Administration 
officials as officers in local chapters or in the national 
organization; and any funds available to the Department of Labor may be 
used, with the approval of the Secretary, to provide for the costs of 
mine rescue and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $542,921,000, 
together with not to exceed $68,303,000 which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $38,953,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three sedans, $366,535,000, together with not to exceed 
$326,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund:  Provided, That 
$66,500,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2012:  Provided further, 
That funds available to the Bureau of International Labor Affairs may 
be used to administer or operate international labor activities, 
bilateral and multilateral technical assistance, and microfinance 
programs, by or through contracts, grants, subgrants and other 
arrangements:  Provided further, That $40,000,000 shall be for programs 
to combat exploitative child labor internationally:  Provided further, 
That not less than $6,500,000 shall be used to implement model programs 
that address worker rights issues through technical assistance in 
countries with which the United States has free trade agreements or 
trade preference programs:  Provided further, That funds available for 
the acquisition of Departmental information technology, architecture, 
infrastructure, equipment, software and related needs may be allocated 
to agencies of the Department by the Department's Chief Information 
Officer:  Provided further, That $8,500,000 shall be used for program 
evaluation and shall be available for obligation through September 30, 
2013:  Provided further, That funds available for program evaluation 
may be transferred to any other appropriate account in the Department 
for such purpose:  Provided further, That the funds available to the 
Women's Bureau may be used for grants to serve and promote the 
interests of women in the workforce.

                    veterans employment and training

    Not to exceed $210,735,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2012, of which $2,444,000 is for the 
National Veterans' Employment and Training Services Institute.
    In addition, to carry out Department of Labor programs under 
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act 
of 2001 and the Veterans Workforce Investment Programs under section 
168 of the Workforce Investment Act, $47,879,000, of which $9,622,000 
shall be available for obligation for the period July 1, 2012 through 
June 30, 2013.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$77,937,000, together with not to exceed $5,909,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

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

                          (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer:  Provided, 
That the transfer authority granted by this section shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act:  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.
    Sec. 103.  In accordance with Executive Order No. 13126, none of 
the funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104.  None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training.
    Sec. 105.  None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved including Employment and Training Administration 
programs. Notwithstanding this section, the limitation on salaries for 
the Job Corps shall continue to be governed by section 101 of this Act.
    Sec. 106.  The Secretary shall take no action to amend, through 
regulatory or administration action, the definition established in 
section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of WIA, or to modify, through 
regulatory or administrative action, the procedure for redesignation of 
local areas as specified in subtitle B of title I of that Act 
(including applying the standards specified in section 116(a)(3)(B) of 
that Act, but notwithstanding the time limits specified in section 
116(a)(3)(B) of that Act), until such time as legislation reauthorizing 
the Act is enacted. Nothing in the preceding sentence shall permit or 
require the Secretary to withdraw approval for such redesignation from 
a State that received the approval not later than October 12, 2005, or 
to revise action taken or modify the redesignation procedure being used 
by the Secretary in order to complete such redesignation for a State 
that initiated the process of such redesignation by submitting any 
request for such redesignation not later than October 26, 2005.

                     (including transfer of funds)

    Sec. 107.  Funds available to the Employment and Training 
Administration under this Act under Public Law 112-10, either directly 
or through a set-aside, for technical assistance services to grantees 
may be transferred to ``Program Administration'' when it is determined 
that those services will be more efficiently performed by Federal 
employees.

                     (including transfer of funds)

    Sec. 108. (a) The Secretary may reserve not more than 0.5 percent 
from each appropriation made available in this Act identified in 
subsection (b) in order to carry out evaluations of any of the programs 
or activities that are funded under such accounts. Any funds reserved 
under this section shall be transferred to ``Departmental Management'' 
for use by the Office of the Chief Evaluation Officer within the 
Department of Labor, and shall be available for obligation through 
September 30, 2013:  Provided, That such funds shall only be available 
if the Chief Evaluation Officer of the Department of Labor submits a 
plan to the Committees on Appropriations of the House of 
Representatives and the Senate describing the evaluations to be carried 
out 15 days in advance of any transfer.
    (b) The accounts referred to in subsection (a) are: ``Office of Job 
Corps'', ``State Unemployment Insurance and Employment Service 
Operations'', ``Employee Benefits Security Administration'', ``Office 
of Workers' Compensation Programs'', ``Wage and Hour Division'', 
``Office of Federal Contract Compliance Programs'', ``Office of Labor 
Management Standards'', ``Occupational Safety and Health 
Administration'', ``Mine Safety and Health Administration'', and 
``Veterans Employment and Training''.
    Sec. 109.  None of the amounts made available under this Act may be 
used to enforce the rule entitled ``Wage Methodology for the Temporary 
Non-Agricultural Employment H-2B Program'' (76 Fed. Reg. 3452 (January 
19, 2011)).
     This title may be cited as the ``Department of Labor 
Appropriations Act, 2012''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 
and XXVI of the Public Health Service Act (referred to in this Act as 
``PHS Act''), section 427(a) of the Federal Coal Mine Health and Safety 
Act, title V and sections 711, 1128E, and 1820 of the Social Security 
Act, the Health Care Quality Improvement Act of 1986, the Native 
Hawaiian Health Care Act of 1988, the Cardiac Arrest Survival Act of 
2000, section 712 of the American Jobs Creation Act of 2004, and the 
Stem Cell Therapeutic and Research Act of 2005, $6,204,517,000, of 
which $41,118,000 from general revenues, notwithstanding section 
1820(j) of the Social Security Act, shall be available for carrying out 
the Medicare rural hospital flexibility grants program under such 
section:  Provided, That of the funds made available under this heading 
for carrying out the Medicare rural hospital flexibility grant program, 
$1,000,000 shall be to carry out section 1820(g)(6) of the Social 
Security Act:  Provided further, That amounts provided for such grants 
shall be available for the purchase and implementation of telehealth 
services, including pilots and demonstrations on the use of electronic 
health records to coordinate rural veterans care between rural 
providers and the Department of Veterans Affairs through the use of the 
VISTA-Electronic Health Record:  Provided further, That sections 
747(c)(2), 751(j)(2), and the proportional funding amounts in 
paragraphs (1) through (4) of section 756(e) of the PHS Act shall not 
apply to funds made available in this paragraph:  Provided further, 
That of the funds made available under this heading, $129,000 shall be 
available until expended for facilities renovations at the Gillis W. 
Long Hansen's Disease Center:  Provided further, That in addition to 
fees authorized by section 427(b) of the Health Care Quality 
Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act:  Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act:  Provided 
further, That no more than $40,000 shall be available until expended 
for carrying out the provisions of section 224(o) of the PHS Act 
including associated administrative expenses and relevant evaluations:  
Provided further, That no more than $100,000,000 shall be available 
until expended for carrying out the provisions of Public Law 104-73 and 
for expenses incurred by the Department of Health and Human Services 
(referred to in this title as ``HHS'') pertaining to administrative 
claims made under such law:  Provided further, That of the funds made 
available under this heading, $299,400,000 shall be for the program 
under title X of the PHS Act to provide for voluntary family planning 
projects:  Provided further, That amounts provided to said projects 
under such title shall not be expended for abortions, that all 
pregnancy counseling shall be nondirective, and that such amounts shall 
not be expended for any activity (including the publication or 
distribution of literature) that in any way tends to promote public 
support or opposition to any legislative proposal or candidate for 
public office:  Provided further, That of the funds available under 
this heading, $1,995,670,000 shall remain available to the Secretary of 
HHS (referred to in this title as ``Secretary'') through September 30, 
2014, for parts A and B of title XXVI of the PHS Act:  Provided 
further, That within the amounts provided for part A of title XXVI of 
the PHS Act, $6,021,000 shall be available to the Secretary through 
September 30, 2014, and shall be available to qualifying jurisdictions, 
within 30 days of enactment, for increasing supplemental grants for 
fiscal year 2012 to metropolitan and transitional areas that received 
grant funding in fiscal year 2011 under subparts I and II of part A of 
title XXVI of the PHS Act to ensure that an area's total funding under 
subparts I and II of part A for fiscal year 2012, together with the 
amount of this additional funding, is not less than 92.4 percent of the 
amount of such area's total funding under part A for fiscal year 2006:  
Provided further, That notwithstanding section 2603(c)(1) of the PHS 
Act, the additional funding to areas under the immediately preceding 
proviso, which may be used for costs incurred during fiscal year 2011, 
shall be available to the area for obligation from the date of the 
award through the end of the grant year for the award:  Provided 
further, That within amounts provided for part B of title XXVI of the 
PHS Act, $900,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 311(c) or section 2616 of the PHS Act:  Provided 
further, That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the PHS Act to 
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund 
section 2691 Special Projects of National Significance:  Provided 
further, That notwithstanding sections 502(a)(1) and 502(b)(1) of the 
Social Security Act, not to exceed $60,171,000 shall be available for 
carrying out special projects of regional and national significance 
pursuant to section 501(a)(2) of such Act and up to $10,400,000 shall 
be available for projects described in paragraphs (A) through (F) of 
section 501(a)(3) of such Act:  Provided further, That funds available 
to carry out section 846 of the PHS Act and the National Health Service 
Corps may be used to make prior year adjustments to prior year awards 
made under these sections:  Provided further, That notwithstanding 
section 338J(k) of the PHS Act, $10,055,000 shall be available for 
State Offices of Rural Health:  Provided further, That, for any program 
operating under section 751 of the PHS Act on or before January 1, 
2009, the Secretary may waive any of the requirements contained in 
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act:  Provided further, 
That notwithstanding section 399BB(g) of the PHS Act, funds made 
available under this heading for section 399BB of the PHS Act are for 
carrying out the program as authorized under section 399BB(a)-(f) of 
such Act:  Provided further, That the Secretary may collect a fee of 
0.1 percent of each purchase of 340B drugs from entities participating 
in the Drug Pricing Program pursuant to section 340B of the PHS Act to 
pay for the operating costs of such program:  Provided further, That 
fees pursuant to the 340B Drug Pricing Program shall be collected by 
manufacturers at the time of sale, and shall be credited to this 
account, to remain available until expended.

           health education assistance loans program account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the PHS Act. For administrative 
expenses to carry out the guaranteed loan program, including section 
709 of the PHS Act, $2,841,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the PHS Act, to remain available until expended:  
Provided, That for necessary administrative expenses, not to exceed 
$6,489,000 shall be available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, XXIII, 
and XXVI of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, 
501, and 514 of the Federal Mine Safety and Health Act of 1977, section 
13 of the Mine Improvement and New Emergency Response Act of 2006, 
sections 20, 21, and 22 of the Occupational Safety and Health Act of 
1970, titles II and IV of the Immigration and Nationality Act, section 
501 of the Refugee Education Assistance Act of 1980, and for expenses 
necessary to support activities related to countering potential 
biological, nuclear, radiological, and chemical threats to civilian 
populations; including purchase and insurance of official motor 
vehicles in foreign countries; and purchase, hire, maintenance, and 
operation of aircraft, $5,765,735,000, of which $30,000,000 shall 
remain available until expended for business services, equipment, 
construction and renovation of facilities; of which $561,001,000 shall 
remain available until expended for the Strategic National Stockpile 
under section 319F-2 of the PHS Act; of which $118,741,000 for 
international HIV/AIDS shall remain available through September 30, 
2013; of which $10,000,000 shall remain available through September 30, 
2013 for incentive grants related to tobacco policies:  Provided, That 
in addition, such sums as may be derived from authorized user fees, 
which shall be credited to this account and shall be available until 
expended:  Provided further, That in addition to amounts provided 
herein, the following amounts shall be available from amounts available 
under section 241 of the PHS Act: (1) $12,864,000 to carry out the 
National Immunization Surveys; (2) $138,683,000 to carry out the 
National Center for Health Statistics surveys; (3) $109,086,000 to 
carry out Public Health Scientific Services; and (4) $106,724,000 to 
carry out research activities within the National Occupational Research 
Agenda:  Provided further, That none of the funds made available for 
injury prevention and control at the Centers for Disease Control and 
Prevention (referred to in this title as ``CDC'') may be used, in whole 
or in part, to advocate or promote gun control:  Provided further, That 
of the funds made available under this heading, up to $1,000 per 
eligible employee of the CDC shall be made available until expended for 
Individual Learning Accounts:  Provided further, That the Director of 
CDC may redirect the total amount made available under authority of 
Public Law 101-502, section 3, dated November 3, 1990, to activities 
the Director of CDC may so designate:  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are to be notified promptly of any such redirection:  Provided 
further, That funds available under this heading shall be available for 
making grants under section 1509 of the PHS Act to not less than 21 
States, tribes, or tribal organizations:  Provided further, That of the 
funds appropriated, $10,000 shall be for official reception and 
representation expenses when specifically approved by the Director of 
CDC:  Provided further, That employees of the CDC or the Public Health 
Service, both civilian and Commissioned Officers, detailed to States, 
municipalities, or other organizations under authority of section 214 
of the PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be included 
within any personnel ceiling applicable to the Agency, Service, or the 
Department of HHS during the period of detail or assignment:  Provided 
further, That the CDC may establish a Working Capital Fund, with the 
authorities equivalent to those provided in 42 U.S.C. 231, to improve 
the provision of supplies and service:  Provided further, That 
unobligated amounts provided for Business Services Support in fiscal 
year 2012 may be transferred to the Working Capital Fund:  Provided 
further, That funds made available for the Epidemiology-Laboratory 
Capacity Grants program shall be available notwithstanding paragraphs 
(1)-(3) of subsection (b) of section 2821 of the PHS Act.
    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, 
to remain available until expended, of which $4,500,000 shall be for 
use by or in support of the Advisory Board on Radiation and Worker 
Health (``Board'') to carry out its statutory responsibilities, 
including obtaining audits, technical assistance, and other support 
from the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports:  
Provided, That this amount shall be available consistent with the 
provision regarding administrative expenses in section 151(b) of 
division B, title I of Public Law 106-554.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $5,001,623,000, of which up to $8,000,000 may be 
used for facilities repairs and improvements at the National Cancer 
Institute--Frederick Federally Funded Research and Development Center 
in Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cardiovascular, lung, and blood diseases, and blood and 
blood products, $3,036,189,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with 
respect to dental disease, $404,997,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to diabetes and digestive and kidney disease, $1,772,045,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with 
respect to neurological disorders and stroke, $1,603,741,000.

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the PHS Act with 
respect to allergy and infectious diseases, $4,725,288,000:  Provided, 
That $299,000,000 may be made available to International Assistance 
Programs ``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', 
to remain available until expended.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,347,309,000.

  eunice kennedy shriver national institute of child health and human 
                              development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,303,016,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $692,938,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $676,033,000.

                      national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $1,088,091,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$528,332,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $410,482,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $142,755,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $453,127,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,038,714,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $1,460,671,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $505,738,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with 
respect to biomedical imaging and bioengineering research, 
$333,671,000.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to complementary and alternative medicine, $126,275,000.

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with 
respect to minority health and health disparities research, including 
the implementation of any planned reorganization related to the 
transfer of the Research Centers in Minority Institutions program from 
the National Center for Research Resources, $272,650,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the PHS Act), $68,653,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $358,979,000, of which 
$4,000,000 shall be available until expended for improvement of 
information systems:  Provided, That in fiscal year 2012, the National 
Library of Medicine may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health (referred 
to in this title as ``NIH''):  Provided further, That in addition to 
amounts provided herein, $8,200,000 shall be available from amounts 
available under section 241 of the PHS Act to carry out the purposes of 
the National Information Center on Health Services Research and Health 
Care Technology established under section 478A of the PHS Act and 
related health services.

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $582,326,000:  Provided, That up to 
$20,000,000 shall be available to implement section 402C of the PHS 
Act, relating to the Cures Acceleration Network.

                         office of the director

    For carrying out the responsibilities of the Office of the 
Director, NIH, $1,439,064,000, of which up to $25,000,000 shall be used 
to carry out section 213 of this Act:  Provided, That funding shall be 
available for the purchase of not to exceed 29 passenger motor vehicles 
for replacement only:  Provided further, That the NIH is authorized to 
collect third party payments for the cost of clinical services that are 
incurred in NIH research facilities and that such payments shall be 
credited to the NIH Management Fund:  Provided further, That all funds 
credited to such Fund shall remain available for one fiscal year after 
the fiscal year in which they are deposited:  Provided further, That 
$537,811,000 shall be available for the Common Fund established under 
section 402A(c)(1) of the PHS Act:  Provided further, That of the funds 
provided $10,000 shall be for official reception and representation 
expenses when specifically approved by the Director of the NIH:  
Provided further, That the Office of AIDS Research within the Office of 
the Director of the NIH may spend up to $8,000,000 to make grants for 
construction or renovation of facilities as provided for in section 
2354(a)(5)(B) of the PHS Act.

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

                   center for mental health services

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to mental health, and the Protection and Advocacy for Individuals with 
Mental Illness Act, $949,643,000:  Provided, That notwithstanding 
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying 
out section 520A shall be available for carrying out section 1971 of 
the PHS Act:  Provided further, That in addition to amounts provided 
herein, $20,997,000 shall be available under section 241 of the PHS Act 
to carry out subpart I of part B of title XIX of the PHS Act to fund 
section 1920(b) technical assistance, national data, data collection 
and evaluation activities, and further that the total available under 
this Act for section 1920(b) activities shall not exceed 5 percent of 
the amounts appropriated for subpart I of part B of title XIX:  
Provided further, That section 520E(b)(2) of the PHS Act shall not 
apply to funds appropriated under this Act for fiscal year 2012:  
Provided further, That of the amount appropriated under this heading, 
$40,800,000 shall be for the National Child Traumatic Stress Initiative 
as described in section 582 of the PHS Act.

                  center for substance abuse treatment

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to substance abuse treatment and section 1922(a) of the PHS Act with 
respect to substance abuse prevention, $2,113,027,000:  Provided, That 
in addition to amounts provided herein, the following amounts shall be 
available under section 241 of the PHS Act: (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act to fund technical 
assistance, national data, data collection and evaluation activities 
under section 1935(b) of such Act, and further that the total available 
under this Act for section 1935(b) activities shall not exceed 5 
percent of the amounts appropriated for subpart II of part B of title 
XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs.

                 center for substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $186,361,000.

                health surveillance and program support

    For program support in carrying out titles III, V and XIX of the 
PHS Act and the Protection and Advocacy for Individuals with Mental 
Illness Act in the Substance Abuse and Mental Health Services 
Administration, $105,606,000:  Provided, That in addition to amounts 
provided herein, $27,428,000 shall be available under section 241 of 
the PHS Act to supplement funds available to carry out national surveys 
on drug abuse and mental health, to collect and analyze program data, 
and to conduct public awareness and technical assistance activities:  
Provided further, That funds made available under this heading may be 
used to supplement program support funding provided under the headings 
``Center for Mental Health Services'', ``Center for Substance Abuse 
Prevention'', and ``Center for Substance Abuse Treatment''.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title 
XI of the Social Security Act, and section 1013 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003, 
$372,053,000 shall be available from amounts available under section 
241 of the PHS Act, notwithstanding subsection 947(c) of such Act:  
Provided, That in addition, amounts received from Freedom of 
Information Act fees, reimbursable and interagency agreements, and the 
sale of data shall be credited to this appropriation and shall remain 
available until expended.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $184,279,110,000, to remain available until 
expended.
    For making, after May 31, 2012, payments to States under title XIX 
or in the case of section 1928 on behalf of States under title XIX of 
the Social Security Act for the last quarter of fiscal year 2012 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2013, $90,614,082,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$231,012,000,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under section 1860D-16 of the Social Security Act, not 
anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and 
other responsibilities of the Centers for Medicare and Medicaid 
Services, not to exceed $4,044,876,000, to be transferred from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the PHS Act and section 1857(e)(2) of the Social 
Security Act, funds retained by the Secretary pursuant to section 302 
of the Tax Relief and Health Care Act of 2006; and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
be credited to this account and remain available until expended:  
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from 
organizations established under title XIII of the PHS Act shall be 
credited to and available for carrying out the purposes of this 
appropriation:  Provided further, That $34,000,000, to remain available 
through September 30, 2013, shall be for contract costs for the 
Healthcare Integrated General Ledger Accounting System:  Provided 
further, That the Secretary is directed to collect fees in fiscal year 
2012 from Medicare Advantage organizations pursuant to section 
1857(e)(2) of the Social Security Act and from eligible organizations 
with risk-sharing contracts under section 1876 of that Act pursuant to 
section 1876(k)(4)(D) of that Act.

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $581,000,000, to remain available through 
September 30, 2013, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act, 
of which $345,715,000 shall be for the Medicare Integrity Program at 
the Centers for Medicare and Medicaid Services, including 
administrative costs, to conduct oversight activities for Medicare 
Advantage and the Medicare Prescription Drug Program authorized in 
title XVIII of the Social Security Act and for activities listed in 
section 1893 of such Act; of which $97,556,000 shall be for the HHS 
Office of Inspector General to carry out fraud and abuse activities 
authorized by section 1817(k)(3) of such Act; of which $44,644,000 
shall be for the Medicaid and Children's Health Insurance Program 
(``CHIP'') program integrity activities; and of which $93,085,000 shall 
be for the Department of Justice to carry out fraud and abuse 
activities authorized by section 1817(k)(3) of such Act:  Provided, 
That of the amounts provided under this heading, $311,000,000 is 
provided to meet the terms of section 251(b)(2)(C)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985:  Provided further, 
That the report required by section 1817(k)(5) of the Social Security 
Act for fiscal year 2012 shall include measures of the operational 
efficiency and impact on fraud, waste, and abuse in the Medicare, 
Medicaid, and CHIP programs for the funds provided by this 
appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960, $2,305,035,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2013, $1,100,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary:  Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.

                   low income home energy assistance

    For making payments under subsections (b), (d), and (e) of section 
2602 of the Low Income Home Energy Assistance Act of 1981, 
$3,600,580,000, of which $3,400,653,000 shall be for payments under 
subsections (b) and (d) of such section; and of which $199,927,000 
shall be for payments under subsection (e) of such section, to be made 
notwithstanding the designation requirements of such subsection:  
Provided, That all of the funds provided in this Act for subsections 
(b) and (d) shall be allocated as though the total appropriation for 
such payments for fiscal year 2012 was less than $1,975,000,000:  
Provided further, That notwithstanding section 2609A(a), of the amounts 
appropriated under section 2602(b), not more than $3,000,000 of such 
amounts may be reserved by the Secretary for technical assistance, 
training, and monitoring of program activities for compliance with 
internal controls, policies and procedures.

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and the Trafficking Victims Protection Act 
of 2000, for costs associated with the care and placement of 
unaccompanied alien children, and for carrying out the Torture Victims 
Relief Act of 1998, $787,639,000, of which up to $9,794,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000:  
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000 for fiscal year 2012 
shall be available for the costs of assistance provided and other 
activities to remain available through September 30, 2014.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,222,627,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income 
families:  Provided, That $18,922,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be available to the Secretary for a competitive grant 
for the operation of a national toll free hotline and Web site to 
develop and disseminate child care consumer education information for 
parents and help parents access child care in their local community:  
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $283,592,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $104,005,000 shall be for activities that improve the quality of 
infant and toddler care:  Provided further, That $9,890,000 shall be 
for use by the Secretary for child care research, demonstration, and 
evaluation activities.

                      social services block grant

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

                children and families services programs

                     (including transfer of funds)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978 (adoption opportunities), sections 330F and 330G of the PHS Act, 
the Abandoned Infants Assistance Act of 1988, section 291 of the Help 
America Vote Act of 2002, part B-1 of title IV and sections 413, 1110, 
and 1115 of the Social Security Act; for making payments under the 
Community Services Block Grant Act (``CSBG Act''), sections 439(i), 
473B, and 477(i) of the Social Security Act, and the Assets for 
Independence Act; and for necessary administrative expenses to carry 
out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960, the Low Income Home 
Energy Assistance Act of 1981, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assistance 
Act of 1980, $9,845,685,000, of which $39,421,000, to remain available 
through September 30, 2013, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2012:  Provided, That $7,899,633,000 shall be for making payments 
under the Head Start Act:  Provided further, That for purposes of 
allocating funds described by the immediately preceding proviso, the 
term ``base grant'' as used in subsection (a)(7)(A) of section 640 of 
such Act with respect to funding provided to a Head Start agency 
(including each Early Head Start agency) for fiscal year 2011 shall be 
calculated as described in such subsection and to which amount shall be 
added 50 percent of the amount of funds appropriated under the heading 
``Department of Health and Human Services: Administration for Children 
and Families: Children and Family Services Programs'' in the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) and provided 
to such agency for carrying out expansion of Head Start programs, as 
that phrase is used in subsection (a)(4)(D) of such section 640, and 
provided to such agency as the ongoing funding level for operations in 
the 12-month period beginning in fiscal year 2010:  Provided further, 
That $707,594,000 shall be for making payments under the CSBG Act:  
Provided further, That $29,304,000 shall be for sections 680 and 
678E(b)(2) of the CSBG Act, of which not less than $21,964,000 shall be 
for section 680(a)(2) and not less than $6,990,000 shall be for section 
680(a)(3)(B) of such Act:  Provided further, That in addition to 
amounts provided herein, $5,762,000 shall be available from amounts 
available under section 241 of the PHS Act to carry out the provisions 
of section 1110 of the Social Security Act:  Provided further, That to 
the extent Community Services Block Grant funds are distributed as 
grant funds by a State to an eligible entity as provided under the CSBG 
Act, and have not been expended by such entity, they shall remain with 
such entity for carryover into the next fiscal year for expenditure by 
such entity consistent with program purposes:  Provided further, That 
the Secretary shall establish procedures regarding the disposition of 
intangible assets and program income that permit such assets acquired 
with, and program income derived from, grant funds authorized under 
section 680 of the CSBG Act to become the sole property of such 
grantees after a period of not more than 12 years after the end of the 
grant period for any activity consistent with section 680(a)(2)(A) of 
the CSBG Act:  Provided further, That intangible assets in the form of 
loans, equity investments and other debt instruments, and program 
income may be used by grantees for any eligible purpose consistent with 
section 680(a)(2)(A) of the CSBG Act:  Provided further, That these 
procedures shall apply to such grant funds made available after 
November 29, 1999:  Provided further, That funds appropriated for 
section 680(a)(2) of the CSBG Act shall be available for financing 
construction and rehabilitation and loans or investments in private 
business enterprises owned by community development corporations:  
Provided further, That $5,245,000 shall be for activities authorized by 
section 291 of the Help America Vote Act of 2002:  Provided further, 
That $1,996,000 shall be for a human services case management system 
for federally declared disasters, to include a comprehensive national 
case management contract and Federal costs of administering the system: 
 Provided further, That up to $2,000,000 shall be for improving the 
Public Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system's 
effectiveness.

         supporting healthy families and adolescent development

    For carrying out section 436 of the Social Security Act, 
$365,000,000 and section 437 of such Act, $63,184,000.

                payments for foster care and permanency

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,153,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2013, $2,100,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E of 
the Social Security Act, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary.

                        Administration on Aging

                        aging services programs

                     (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), section 398 and title XXIX of the PHS 
Act, section 119 of the Medicare Improvements for Patients and 
Providers Act of 2008, and for necessary administrative expenses to 
carry out section 393D and title XVII of the PHS Act, $1,482,701,000, 
together with $52,000,000 to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund to carry out section 4360 of the Omnibus Budget 
Reconciliation Act of 1990:  Provided, That amounts appropriated under 
this heading may be used for grants to States under section 361 of the 
OAA only for disease prevention and health promotion programs and 
activities which have been demonstrated to the satisfaction of the 
Secretary to be evidence-based and effective:  Provided further, That, 
notwithstanding section 206(g) of the OAA, up to 1 percent of amounts 
appropriated to carry out programs authorized under title III of such 
Act shall be available for conducting evaluations, training and 
technical assistance:  Provided further, That the total amount 
available for fiscal year 2012 under this and any other Act to carry 
out activities related to Aging and Disability Resource Centers under 
subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the OAA shall 
not exceed the amount obligated for such purposes for fiscal year 2010 
from funds available under Public Law 111-117:  Provided further, That 
notwithstanding any other provision of this Act, funds made available 
under this heading to carry out section 311 of the OAA may be 
transferred to the Secretary of Agriculture in accordance with such 
section.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, IV, XVII, XX, and XXI of the PHS Act, the United 
States-Mexico Border Health Commission Act, and research studies under 
section 1110 of the Social Security Act, $476,221,000, together with 
$72,811,000 from the amounts available under section 241 of the PHS Act 
to carry out national health or human services research and evaluation 
activities:  Provided, That of this amount, $53,783,000 shall be for 
minority AIDS prevention and treatment activities:  Provided further, 
That of the funds made available under this heading, $104,790,000 shall 
be for making competitive contracts and grants to public and private 
entities to fund medically accurate and age appropriate programs that 
reduce teen pregnancy and for the Federal costs associated with 
administering and evaluating such contracts and grants, of which not 
less than $75,000,000 shall be for replicating programs that have been 
proven effective through rigorous evaluation to reduce teenage 
pregnancy, behavioral risk factors underlying teenage pregnancy, or 
other associated risk factors, of which not less than $25,000,000 shall 
be available for research and demonstration grants to develop, 
replicate, refine, and test additional models and innovative strategies 
for preventing teenage pregnancy, and of which any remaining amounts 
shall be available for training and technical assistance, evaluation, 
outreach, and additional program support activities:  Provided further, 
That of the amounts provided under this heading from amounts available 
under section 241 of the PHS Act, $8,455,000 shall be available to 
carry out evaluations (including longitudinal evaluations) of teenage 
pregnancy prevention approaches.

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $42,246,000:  Provided, 
That in addition to amounts provided herein, $19,011,000 shall be 
available from amounts available under section 241 of the PHS Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$50,178,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228:  Provided further, That at 
least forty percent of the funds provided in this Act for the Office of 
Inspector General shall be used only for investigations, audits, and 
evaluations pertaining to the discretionary programs funded in this 
Act.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$41,016,000.

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies, $574,452,000; of which $15,000,000 shall remain 
available until expended to support emergency operations.
    From funds transferred to this account pursuant to the fourth 
paragraph under this heading in Public Law 111-117, up to $415,000,000 
shall be available for expenses necessary to support advanced research 
and development pursuant to section 319L of the PHS Act, and other 
administrative expenses of the Biomedical Advanced Research and 
Development Authority to support additional advanced research and 
development.

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202.  The Secretary shall make available through assignment 
not more than 60 employees of the Public Health Service to assist in 
child survival activities and to work in AIDS programs through and with 
funds provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203.  None of the funds appropriated in this Act for the NIH, 
the Agency for Healthcare Research and Quality, and the Substance Abuse 
and Mental Health Services Administration shall be used to pay the 
salary of an individual, through a grant or other extramural mechanism, 
at a rate in excess of Executive Level I.
    Sec. 204.  None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the PHS Act, except for funds 
specifically provided for in this Act, or for other taps and 
assessments made by any office located in the Department of HHS, prior 
to the preparation and submission of a report by the Secretary to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the planned uses of such funds.
    Sec. 205.  Notwithstanding section 241(a) of the PHS Act, such 
portion as the Secretary shall determine, but not more than 2.5 
percent, of any amounts appropriated for programs authorized under such 
Act shall be made available for the evaluation (directly, or by grants 
or contracts) of the implementation and effectiveness of such programs.

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 208.  Of the amounts made available in this Act for the NIH, 
the amount for research related to the human immunodeficiency virus, as 
jointly determined by the Director of the NIH and the Director of the 
Office of AIDS Research, shall be made available to the ``Office of 
AIDS Research Office'' account. The Director of the Office of AIDS 
Research shall transfer from such account amounts necessary to carry 
out section 2353(d)(3) of the PHS Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the PHS Act unless the 
applicant for the award certifies to the Secretary that it encourages 
family participation in the decision of minors to seek family planning 
services and that it provides counseling to minors on how to resist 
attempts to coerce minors into engaging in sexual activities.
    Sec. 210.  Notwithstanding any other provision of law, no provider 
of services under title X of the PHS Act shall be exempt from any State 
law requiring notification or the reporting of child abuse, child 
molestation, sexual abuse, rape, or incest.
    Sec. 211.  None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary denies participation in 
such program to an otherwise eligible entity (including a Provider 
Sponsored Organization) because the entity informs the Secretary that 
it will not provide, pay for, provide coverage of, or provide referrals 
for abortions:  Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees):  Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.
    Sec. 212.  In order for the Department of HHS to carry out 
international health activities, including HIV/AIDS and other 
infectious disease, chronic and environmental disease, and other health 
activities abroad during fiscal year 2012:
            (1) The Secretary may exercise authority equivalent to that 
        available to the Secretary of State in section 2(c) of the 
        State Department Basic Authorities Act of 1956. The Secretary 
        shall consult with the Secretary of State and relevant Chief of 
        Mission to ensure that the authority provided in this section 
        is exercised in a manner consistent with section 207 of the 
        Foreign Service Act of 1980 and other applicable statutes 
        administered by the Department of State.
            (2) The Secretary is authorized to provide such funds by 
        advance or reimbursement to the Secretary of State as may be 
        necessary to pay the costs of acquisition, lease, alteration, 
        renovation, and management of facilities outside of the United 
        States for the use of the Department of HHS. The Department of 
        State shall cooperate fully with the Secretary to ensure that 
        the Department of HHS has secure, safe, functional facilities 
        that comply with applicable regulation governing location, 
        setback, and other facilities requirements and serve the 
        purposes established by this Act. The Secretary is authorized, 
        in consultation with the Secretary of State, through grant or 
        cooperative agreement, to make available to public or nonprofit 
        private institutions or agencies in participating foreign 
        countries, funds to acquire, lease, alter, or renovate 
        facilities in those countries as necessary to conduct programs 
        of assistance for international health activities, including 
        activities relating to HIV/AIDS and other infectious diseases, 
        chronic and environmental diseases, and other health activities 
        abroad.
            (3) The Secretary is authorized to provide to personnel 
        appointed or assigned by the Secretary to serve abroad, 
        allowances and benefits similar to those provided under chapter 
        9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 
        4081 through 4086 and subject to such regulations prescribed by 
        the Secretary. The Secretary is further authorized to provide 
        locality-based comparability payments (stated as a percentage) 
        up to the amount of the locality-based comparability payment 
        (stated as a percentage) that would be payable to such 
        personnel under section 5304 of title 5, United States Code if 
        such personnel's official duty station were in the District of 
        Columbia. Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under subchapter I 
        of chapter 63 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving in the 
        Foreign Service.
    Sec. 213. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the NIH (``Director'') may use funds available 
under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into 
transactions (other than contracts, cooperative agreements, or grants) 
to carry out research identified pursuant to such section 402(b)(7) 
(pertaining to the Common Fund) or research and activities described in 
such section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 214.  Funds which are available for Individual Learning 
Accounts for employees of the CDC and the Agency for Toxic Substances 
and Disease Registry (``ATSDR'') may be transferred to ``Disease 
Control, Research, and Training'', to be available only for Individual 
Learning Accounts:  Provided, That such funds may be used for any 
individual full-time equivalent employee while such employee is 
employed either by CDC or ATSDR.
    Sec. 215.  Notwithstanding any other provisions of law, 
discretionary funds made available in this Act may be used to continue 
operating the Council on Graduate Medical Education established by 
section 301 of Public Law 102-408.
    Sec. 216.  Not to exceed $35,000,000 of funds appropriated by this 
Act to the institutes and centers of the NIH may be used for 
alteration, repair, or improvement of facilities, as necessary for the 
proper and efficient conduct of the activities authorized herein, at 
not to exceed $2,500,000 per project.

                          (transfer of funds)

    Sec. 217.  Of the amounts made available for the NIH, 1 percent of 
the amount made available for National Research Service Awards 
(``NRSA'') shall be made available to the Administrator of the Health 
Resources and Services Administration to make NRSA awards for research 
in primary medical care to individuals affiliated with entities who 
have received grants or contracts under section 747 of the PHS Act, and 
1 percent of the amount made available for NRSA shall be made available 
to the Director of the Agency for Healthcare Research and Quality to 
make NRSA awards for health service research.
    Sec. 218. (a) Within 45 days of enactment of this Act, the 
Secretary shall transfer funds appropriated under section 4002 of the 
Patient Protection and Affordable Care Act of 2010 to the accounts 
specified, in the amounts specified, and for the activities specified 
under the heading ``Prevention and Public Health Fund'' in the 
committee report of the Senate accompanying this Act.
    (b) Notwithstanding section 4002(c) of the Patient Protection and 
Affordable Care Act of 2010, the Secretary may not further transfer 
these amounts.
    (c) Funds transferred for activities authorized under section 2821 
of the PHS Act shall be made available without reference to section 
2821(b) of such Act.
    (d) From funds transferred for activities authorized under section 
4201 of Public Law 111-148, $135,000,000 shall be available for a 
program consisting of 3-year grants of no less than $100,000 per year 
to non-governmental entities, school districts, local housing 
authorities, local transportation authorities or Indian tribes to 
implement evidence-based chronic disease prevention strategies. 
Applicants for such grants shall determine the population to be served 
and shall agree to work in collaboration with multi-sector partners.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2012''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of 
the Higher Education Act of 1965 (referred to in this Act as ``HEA''), 
$15,714,934,000, of which $4,780,117,000 shall become available on July 
1, 2012, and shall remain available through September 30, 2013, and of 
which $10,841,177,000 shall become available on October 1, 2012, and 
shall remain available through September 30, 2013, for academic year 
2012-2013:  Provided, That $6,584,750,000 shall be for basic grants 
under section 1124 of the ESEA:  Provided further, That up to 
$3,992,000 of these funds shall be available to the Secretary of 
Education (referred to in this title as ``Secretary'') on October 1, 
2011, to obtain annually updated local educational agency-level census 
poverty data from the Bureau of the Census:  Provided further, That 
$1,362,301,000 shall be for concentration grants under section 1124A of 
the ESEA:  Provided further, That $3,258,183,000 shall be for targeted 
grants under section 1125 of the ESEA:  Provided further, That 
$3,258,183,000 shall be for education finance incentive grants under 
section 1125A of the ESEA:  Provided further, That $4,151,000 shall be 
to carry out sections 1501 and 1503 of the ESEA:  Provided further, 
That funds available under sections 1124, 1124A, 1125 and 1125A of the 
ESEA may be used to provide homeless children and youths with services 
not ordinarily provided to other students under those sections, 
including supporting the liaison designated pursuant to section 
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and 
providing transportation pursuant to section 722(g)(1)(J)(iii) of such 
Act:  Provided further, That $534,562,000 shall be available for school 
improvement grants under section 1003(g) of the ESEA, which shall be 
allocated by the Secretary through the formula described in section 
1003(g)(2) and shall be used consistent with the requirements of 
section 1003(g), except that State and local educational agencies may 
use such funds to serve any school eligible to receive assistance under 
part A of title I that has not made adequate yearly progress for at 
least 2 years or is in the State's lowest quintile of performance based 
on proficiency rates and, in the case of secondary schools, priority 
shall be given to those schools with graduation rates below 60 percent: 
 Provided further, That notwithstanding section 1003(g)(5)(A), each 
State educational agency may establish a maximum subgrant size of not 
more than $2,000,000 for each participating school applicable to such 
funds:  Provided further, That the Secretary may reserve up to 5 
percent of the funds available for section 1003(g) of the ESEA to carry 
out activities to build State and local educational agency capacity to 
implement effectively the school improvement grants program:  Provided 
further, That $183,000,000 shall be available under section 1502 of the 
ESEA for a comprehensive literacy development and education program to 
advance literacy skills, including pre-literacy skills, reading, and 
writing, for students from birth through grade 12, including limited-
English-proficient students and students with disabilities, of which 
one-half of 1 percent shall be reserved for the Secretary of the 
Interior for such a program at schools funded by the Bureau of Indian 
Education, one-half of 1 percent shall be reserved for grants to the 
outlying areas for such a program, up to 5 percent may be reserved for 
national activities, and the remainder shall be used to award 
competitive grants to State educational agencies for such a program, of 
which a State educational agency may reserve up to 5 percent for State 
leadership activities, including technical assistance and training, 
data collection, reporting, and administration, and shall subgrant not 
less than 95 percent to local educational agencies or, in the case of 
early literacy, to local educational agencies or other nonprofit 
providers of early childhood education that partner with a public or 
private nonprofit organization or agency with a demonstrated record of 
effectiveness in improving the early literacy development of children 
from birth through kindergarten entry and in providing professional 
development in early literacy, giving priority to such agencies or 
other entities serving greater numbers or percentages of disadvantaged 
children:  Provided further, That the State educational agency shall 
ensure that at least 15 percent of the subgranted funds are used to 
serve children from birth through age 5, 40 percent are used to serve 
students in kindergarten through grade 5, and 40 percent are used to 
serve students in middle and high school including an equitable 
distribution of funds between middle and high schools:  Provided 
further, That eligible entities receiving subgrants from State 
educational agencies shall use such funds for services and activities 
that have the characteristics of effective literacy instruction through 
professional development, screening and assessment, targeted 
interventions for students reading below grade level and other 
research-based methods of improving classroom instruction and practice.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the ESEA, $1,273,631,000, 
of which $1,135,724,000 shall be for basic support payments under 
section 8003(b), $48,505,000 shall be for payments for children with 
disabilities under section 8003(d), $17,474,000 shall be for 
construction under section 8007(b) and shall remain available through 
September 30, 2013, $67,074,000 shall be for Federal property payments 
under section 8002, and $4,854,000, to remain available until expended, 
shall be for facilities maintenance under section 8008:  Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 8003(a) for school year 2011-2012, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to the 
death of a military parent or legal guardian while on active duty (so 
long as such children reside on Federal property as described in 
section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change in 
eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A and B of title II, part B of title IV, parts A and B of title VI, and 
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless 
Assistance Act; section 203 of the Educational Technical Assistance Act 
of 2002; the Compact of Free Association Amendments Act of 2003; and 
the Civil Rights Act of 1964, $4,570,145,000, of which $2,745,373,000 
shall become available on July 1, 2012, and remain available through 
September 30, 2013, and of which $1,681,441,000 shall become available 
on October 1, 2012, and shall remain available through September 30, 
2013, for academic year 2012-2013:  Provided, That funds made available 
to carry out part B of title VII of the ESEA may be used for 
construction, renovation, and modernization of any elementary school, 
secondary school, or structure related to an elementary school or 
secondary school, run by the Department of Education of the State of 
Hawaii, that serves a predominantly Native Hawaiian student body:  
Provided further, That funds made available to carry out part C of 
title VII of the ESEA shall be awarded on a competitive basis, and also 
may be used for construction:  Provided further, That $51,210,000 shall 
be available to carry out section 203 of the Educational Technical 
Assistance Act of 2002:  Provided further, That $17,652,000 shall be 
available to carry out the Supplemental Education Grants program for 
the Federated States of Micronesia and the Republic of the Marshall 
Islands:  Provided further, That up to 5 percent of these amounts may 
be reserved by the Federated States of Micronesia and the Republic of 
the Marshall Islands to administer the Supplemental Education Grants 
programs and to obtain technical assistance, oversight and consultancy 
services in the administration of these grants and to reimburse the 
United States Departments of Labor, Health and Human Services, and 
Education for such services:  Provided further, That up to 5 percent of 
the funds for subpart 1 of part A of title II of the ESEA shall be 
reserved by the Secretary for competitive awards for teacher or 
principal training or professional enhancement activities to national 
not-for-profit organizations.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the ESEA, $128,027,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V of the ESEA, and sections 14006 and 14007 of division A of the 
American Recovery and Reinvestment Act of 2009, as amended, 
$1,740,212,000:  Provided, That the Secretary may use up to 
$698,600,000 for section 14006 of division A of Public Law 111-5, as 
amended, to make awards (including on the basis of previously submitted 
applications) to States or to local educational agencies, or both, in 
accordance with the applicable requirements of that section, as 
determined by the Secretary, and may use up to 5 percent of such funds 
for technical assistance and evaluation of the activities carried out 
under that section:  Provided further, That up to $149,700,000 shall be 
available for section 14007 of division A of Public Law 111-5, and up 
to 5 percent of such funds may be used for technical assistance and the 
evaluation of activities carried out under such section:  Provided 
further, That from funds for subpart 4, part C of title II of the ESEA, 
up to 3 percent shall be available to the Secretary for technical 
assistance and dissemination of information:  Provided further, That 
$300,000,000 of the funds for subpart 1 of part D of title V of the 
ESEA shall be for competitive grants to local educational agencies, 
including charter schools that are local educational agencies, or 
States, or partnerships of: (1) a local educational agency, a State, or 
both; and (2) at least one non-profit organization to develop and 
implement reforms in such areas as evaluation, compensation, hiring, 
and advancement in order to increase the effectiveness of teachers, 
principals, and other personnel in high-need schools:  Provided 
further, That such reforms must consider gains in student academic 
achievement as well as classroom evaluations conducted multiple times 
during each school year among other factors and may provide educators 
with incentives to take on additional responsibilities and leadership 
roles:  Provided further, That recipients of such grants shall 
demonstrate that such reforms are developed with the input of teachers 
and school leaders in the schools and local educational agencies to be 
served by the grant:  Provided further, That recipients of such grants 
may use such funds to develop or improve systems and tools (which may 
be developed and used for the entire local educational agency or only 
for schools served under the grant) that would enhance the quality and 
success of the compensation system, such as high-quality teacher 
evaluations and tools to measure growth in student achievement:  
Provided further, That applications for such grants shall include a 
plan to sustain financially the activities conducted and systems 
developed under the grant once the grant period has expired:  Provided 
further, That up to 5 percent of such funds for competitive grants 
shall be available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities:  Provided 
further, That of the funds available for part B of title V of the ESEA, 
the Secretary shall use not less than $23,000,000 to carry out 
activities under section 5205(b) and under subpart 2:  Provided 
further, That of the funds available for subpart 1 of part B of title V 
of the ESEA, and notwithstanding section 5205(a), the Secretary may 
reserve up to $55,000,000 to make multiple awards to non-profit charter 
management organizations and other entities that are not for-profit 
entities for the replication and expansion of successful charter school 
models and shall reserve up to $11,000,000 to carry out the activities 
described in section 5205(a), including improving quality and oversight 
of charter schools and providing technical assistance to authorized 
public chartering agencies in order to increase the number of high-
performing charter schools:  Provided further, That each application 
submitted pursuant to section 5203(a) shall describe a plan to monitor 
and hold accountable authorized public chartering agencies through such 
activities as providing technical assistance or establishing a 
professional development program, which may include planning, training 
and systems development for staff of authorized public chartering 
agencies to improve the capacity of such agencies in the State to 
authorize, monitor, and hold accountable charter schools:  Provided 
further, That each application submitted pursuant to section 5203(a) 
shall contain assurances that State law, regulations, or other policies 
require that: (1) each authorized charter school in the State operate 
under a legally binding charter or performance contract between itself 
and the school's authorized public chartering agency that describes the 
obligations and responsibilities of the school and the public 
chartering agency; conduct annual, timely, and independent audits of 
the school's financial statements that are filed with the school's 
authorized public chartering agency; and demonstrate improved student 
academic achievement; and (2) authorized public chartering agencies use 
increases in student academic achievement for all groups of students 
described in section 1111(b)(2)(C)(v) of the ESEA as the most important 
factor when determining to renew or revoke a school's charter.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by part A of title IV and 
subparts 1, 2, and 10 of part D of title V of the ESEA, $270,463,000:  
Provided, That $79,226,000 shall be available for subpart 2 of part A 
of title IV:  Provided further, That $60,000,000 shall be available for 
Promise Neighborhoods and shall be available through December 31, 2012.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $733,530,000, 
which shall become available on July 1, 2012, and shall remain 
available through September 30, 2013, except that 6.5 percent of such 
amount shall be available on October 1, 2011, and shall remain 
available through September 30, 2013, to carry out activities under 
section 3111(c)(1)(C):  Provided, That the Secretary shall use 
estimates of the American Community Survey child counts for the most 
recent 3-year period available to calculate allocations under such 
part.

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, 
$12,553,066,000, of which $3,706,716,000 shall become available on July 
1, 2012, and shall remain available through September 30, 2013, and of 
which $8,592,383,000 shall become available on October 1, 2012, and 
shall remain available through September 30, 2013, for academic year 
2012-2013:  Provided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2011, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2011:  Provided 
further, That funds made available for the Special Olympics Sport and 
Empowerment Act of 2004 may be used to support expenses associated with 
the Special Olympics National and World games:  Provided further, That 
$4,000,000, to remain available for obligation through September 30, 
2013, shall be for activities aimed at improving the outcomes of 
children receiving Supplemental Security Income (SSI) and their 
families, which may include competitive grants to States to improve the 
provision and coordination of services for SSI child recipients in 
order to achieve improved health status, including both physical and 
emotional health, and education and post-school outcomes, including 
completion of postsecondary education and employment, and to improve 
services and supports to the families or households of the SSI child 
recipient, such as education and job training for the parents:  
Provided further, That States may award subgrants for a portion of the 
funds to other public and private, non-profit entities.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,511,735,000:  Provided, That 
the Secretary may use amounts provided in this Act that remain 
available subsequent to the reallotment of funds to States pursuant to 
section 110(b) of the Rehabilitation Act for activities aimed at 
improving the outcomes of children receiving Supplemental Security 
Income (SSI) and their families, including competitive grants to States 
to improve the provision and coordination of services for SSI child 
recipients in order to achieve improved health status, education and 
post-school outcomes, including completion of postsecondary education 
and employment, and to improve services and supports to the family or 
households of the SSI child recipient, such as education and job 
training for the parents:  Provided further, That States may award 
subgrants for a portion of the funds to other public and private, non-
profit entities:  Provided further, That any funds made available 
subsequent to reallotment for activities aimed at improving the 
outcomes of children receiving SSI and their families shall remain 
available until September 30, 2013.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $24,551,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $65,546,000:  
Provided, That from the total amount available, the Institute may at 
its discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $125,754,000, of which $7,990,000 shall be for construction and 
shall remain available until expended:  Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006 and the Adult 
Education and Family Literacy Act (``AEFLA''), $1,738,946,000, of which 
$947,946,000 shall become available on July 1, 2012, and remain 
available through September 30, 2013, of which $791,000,000 shall 
become available on October 1, 2012, and shall remain available through 
September 30, 2013:  Provided, That of the amount provided for Adult 
Education State Grants, $74,850,000 shall be made available for 
integrated English literacy and civics education services to immigrants 
and other limited English proficient populations:  Provided further, 
That of the amount reserved for integrated English literacy and civics 
education, notwithstanding section 211 of the AEFLA, 65 percent shall 
be allocated to States based on a State's absolute need as determined 
by calculating each State's share of a 10-year average of the United 
States Citizenship and Immigration Services data for immigrants 
admitted for legal permanent residence for the 10 most recent years, 
and 35 percent allocated to States that experienced growth as measured 
by the average of the 3 most recent years for which United States 
Citizenship and Immigration Services data for immigrants admitted for 
legal permanent residence are available, except that no State shall be 
allocated an amount less than $60,000:  Provided further, That of the 
amounts made available for AEFLA, $11,323,000 shall be for national 
leadership activities under section 243.

                      Student Financial Assistance

    For carrying out subparts 1 and 3 of part A and part C of title IV 
of the HEA, $24,670,517,000, which shall remain available through 
September 30, 2013.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2012-2013 shall be $4,860.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 4, 9, and 10 of part A, and parts B, C, D, and E of 
title IV of the HEA, $1,045,363,000, to remain available until 
September 30, 2013:  Provided, That not more than $370,000,000 may be 
used to carry out loan servicing activities:  Provided further, That 
with respect to the previous proviso, amounts may be increased (from 
amounts provided under this heading) due to changes in the loan 
portfolio, upon determination by the Secretary that additional amounts 
are needed and the Secretary notifies the Committee on Appropriations 
of the Senate and House of Representatives of such determination.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and 
Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins 
Career and Technical Education Act of 2006, $1,903,946,000:  Provided, 
That $8,084,000, to remain available through September 30, 2013, shall 
be available to fund fellowships for academic year 2013-2014 under 
subpart 1 of part A of title VII of the HEA, under the terms and 
conditions of such subpart 1:  Provided further, That $608,000 shall be 
for data collection and evaluation activities for programs under the 
HEA, including such activities needed to comply with the Government 
Performance and Results Act of 1993:  Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development:  Provided further, That of the funds 
referred to in the preceding proviso up to 1 percent may be used for 
program evaluation, national outreach, and information dissemination 
activities:  Provided further, That notwithstanding any other provision 
of law, a recipient of a multi-year award under section 316 of the HEA, 
as that section was in effect prior to the date of enactment of the 
Higher Education Opportunity Act (``HEOA''), that would have otherwise 
received a continuation award for fiscal year 2012 under that section, 
shall receive under section 316, as amended by the HEOA, not less than 
the amount that such recipient would have received under such a 
continuation award:  Provided further, That the portion of the funds 
received under section 316 by a recipient described in the preceding 
proviso that is equal to the amount of such continuation award shall be 
used in accordance with the terms of such continuation award.

                           Howard University

    For partial support of Howard University, $234,507,000, of which 
not less than $3,600,000 shall be for a matching endowment grant 
pursuant to the Howard University Endowment Act and shall remain 
available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the HEA, 
$460,000.

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $20,188,000, as authorized 
pursuant to part D of title III of the HEA:  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $367,255,000:  
Provided further, That these funds may be used to support loans to 
public and private Historically Black Colleges and Universities without 
regard to the limitations within section 344(a) of the HEA.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $353,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $609,788,000, which shall remain available through 
September 30, 2013:  Provided, That funds available to carry out 
section 208 of the Educational Technical Assistance Act may be used for 
Statewide data systems that include postsecondary and workforce 
information and information on children of all ages:  Provided further, 
That up to $12,500,000 of the funds available to carry out section 208 
of the Educational Technical Assistance Act may be used for awards to 
public or private organizations or agencies to support activities to 
improve data coordination, quality, and use at the local, State, and 
national levels.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $449,074,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $102,818,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $59,933,000.

                           General Provisions

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

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer:  Provided, That the transfer authority granted by this 
section shall not be used to create any new program or to fund any 
project or activity for which no funds are provided in this Act:  
Provided further, That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of any transfer.
    Sec. 305.  The Outlying Areas may consolidate funds received under 
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the 
ESEA.
    Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 
be applied by substituting ``2012'' for ``2009''.
    Sec. 307. (a)(1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C. 
1078(a)(3)(A)(i)(I)) is amended to read as follows:
                                    ``(I) which accrues prior to the 
                                date the student ceases to carry at 
                                least one-half the normal full-time 
                                academic workload (as determined by the 
                                institution), or''.
            (2) The amendment made by subsection (a)(1) shall apply to 
        new Federal Direct Stafford Loans made on or after July 1, 
        2012.
    (b) Section 401(b)(8)(A)(iv) of the HEA (20 U.S.C. 
1070a(b)(8)(A)(iv)) is amended to read as follows:
                            ``(iv) to carry out this section--
                                    ``(I) $13,500,000,000 for fiscal 
                                year 2011;
                                    ``(II) $13,583,000,000 for fiscal 
                                year 2012;
                                    ``(III) $8,940,000,000 for fiscal 
                                year 2013, of which $896,000,000 shall 
                                be available for the 2012-2013 award 
                                year;
                                    ``(IV) $0 for fiscal year 2014;
                                    ``(V) $0 for fiscal year 2015;
                                    ``(VI) $0 for fiscal year 2016;
                                    ``(VII) $1,640,000,000 for fiscal 
                                year 2017;
                                    ``(VIII) $1,705,000,000 for fiscal 
                                year 2018;
                                    ``(IX) $1,775,000,000 for fiscal 
                                year 2019;
                                    ``(X) $1,870,000,000 for fiscal 
                                year 2020; and
                                    ``(XI) $2,055,000,000 for fiscal 
                                year 2021 and each succeeding fiscal 
                                year.''.
    (c) Sections 482(c) and 492 of the HEA (20 U.S.C. 1089(c), 1098a) 
shall not apply to the amendments made by this section, or to any 
regulations promulgated under those amendments.
    Sec. 308. (a) Notwithstanding any other provision of law, the 
Secretary is authorized to modify the terms and conditions of gulf 
hurricane disaster loans to affected institutions pursuant to section 
2601 of Public Law 109-234 using the authority provided herein, on such 
terms as the Secretary, the Secretary of the Treasury, and the Director 
of the Office of Management and Budget jointly determine are in the 
best interests of both the United States and the borrowers, and 
necessary to mitigate the economic effects of Hurricanes Katrina and 
Rita. Any modification under this section shall not result in any net 
cost to the Federal Government, as jointly determined by the Secretary, 
the Secretary of the Treasury, and the Director of the Office of 
Management and Budget, beginning on the date on which the Secretary 
modifies a loan under this section.
    (b)  Federal Register Notice.--The Secretary, the Secretary of the 
Treasury, and the Director of the Office of Management and Budget, 
shall jointly publish a notice in the Federal Register prior to any 
modification of loans under paragraph (a) that--
            (1) establishes the terms and conditions governing the 
        modifications authorized by paragraph (a);
            (2) includes an outline of the methodology and factors that 
        the Secretary, the Secretary of the Treasury, and the Director 
        of the Office of Management and Budget, will jointly consider 
        in evaluating the modification of the loans made under this 
        title; and
            (3) describes how the use of such methodology and 
        consideration of such factors used to determine the 
        modifications will ensure that loan modifications do not result 
        in any net cost to the Federal Government.
    (c) Fees.--An affected institution that receives a modification to 
its disaster loan pursuant to section 2601 of Public Law 109-234 shall 
pay a fee to the Secretary which shall be credited to the HBCU 
Hurricane Supplemental Loan Program. Such fees shall remain available 
without fiscal year limitation to pay the modification costs. The 
amount of the fee paid shall be equal to the modification cost as 
jointly determined by the Secretary, the Secretary of the Treasury, and 
the Director of the Office of Management and Budget, calculated in 
accordance with section 502 of the Federal Credit Reform Act of 1990, 
as amended, of such loan.
    Sec. 309.  Section 14006(c)(2) of division A of the American 
Recovery and Reinvestment Act of 2009 (as amended by section 1832(b) of 
division B of Public Law 112-10) is amended by inserting before the 
period, ``except that such a State may use its grant funds to make 
subgrants to public or private agencies and organizations for 
activities consistent with the purposes of the grant''.
     This title may be cited as the ``Department of Education 
Appropriations Act, 2012''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,385,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to under this heading as ``the 
Corporation'') to carry out the Domestic Volunteer Service Act of 1973 
(referred to in this title as ``1973 Act'') and the National and 
Community Service Act of 1990 (referred to in this title as ``1990 
Act''), $781,869,000, notwithstanding sections 198B(b)(3), 198S(g), 
501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act:  Provided, That of the 
amounts provided under this heading: (1) up to 1 percent of program 
grant funds may be used to defray the costs of conducting grant 
application reviews, including the use of outside peer reviewers and 
electronic management of the grants cycle; (2) $49,900,000 shall be 
available for expenses authorized under section 501(a)(4)(E) of the 
1990 Act; (3) $7,485,000 shall be available for expenses to carry out 
sections 112(e), 179A, and 198O and subtitle J of title I of the 1990 
Act, notwithstanding section 501(a)(6) of the 1990 Act; (4) $4,990,000 
shall be available for grants to public or private nonprofit 
institutions to increase the participation of individuals with 
disabilities in national service and for demonstration activities in 
furtherance of this purpose, notwithstanding section 129(k)(1) of the 
1990 Act; (5) $16,966,000 shall be available to provide assistance to 
State commissions on national and community service, under section 
126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 
1990 Act; (6) $31,942,000 shall be available to carry out subtitle E of 
the 1990 Act; and (7) $3,992,000 shall be available for expenses 
authorized under section 501(a)(4)(F) of the 1990 Act, which, 
notwithstanding the provisions of section 198P shall be awarded by the 
Corporation on a competitive basis.

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the 1990 Act, $215,200,000, to remain 
available until expended:  Provided, That the Corporation may transfer 
additional funds from the amount provided within ``Operating Expenses'' 
allocated to grants under subtitle C of title I of the 1990 Act to the 
National Service Trust upon determination that such transfer is 
necessary to support the activities of national service participants 
and after notice is transmitted to the Committees on Appropriations of 
the House of Representatives and the Senate:  Provided further, That 
amounts appropriated for or transferred to the National Service Trust 
may be invested under section 145(b) of the 1990 Act without regard to 
the requirement to apportion funds under 31 U.S.C. 1513(b).

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, 
including payment of salaries, authorized travel, hire of passenger 
motor vehicles, the rental of conference rooms in the District of 
Columbia, the employment of experts and consultants authorized under 5 
U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $87,824,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $7,685,000.

                       administrative provisions

    Sec. 401.  The Corporation shall make any significant changes to 
program requirements, service delivery or policy only through public 
notice and comment rulemaking. For fiscal year 2010, during any grant 
selection process, an officer or employee of the Corporation shall not 
knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of the Corporation that is authorized by the 
Corporation to receive such information.
    Sec. 402.  AmeriCorps programs receiving grants under the National 
Service Trust program shall meet an overall minimum share requirement 
of 24 percent for the first 3 years that they receive AmeriCorps 
funding, and thereafter shall meet the overall minimum share 
requirement as provided in section 2521.60 of title 45, Code of Federal 
Regulations, without regard to the operating costs match requirement in 
section 121(e) or the member support Federal share limitations in 
section 140 of the 1990 Act, and subject to partial waiver consistent 
with section 2521.70 of title 45, Code of Federal Regulations.
    Sec. 403.  Donations made to the Corporation under section 196 of 
the 1990 Act for the purposes of financing programs and operations 
under titles I and II of the 1973 Act or subtitle B, C, D, or E of 
title I of the 1990 Act shall be used to supplement and not supplant 
current programs and operations.
    Sec. 404.  In addition to the requirements in section 146(a) of the 
1990 Act, use of an educational award for the purpose described in 
section 148(a)(4) shall be limited to individuals who are veterans as 
defined under section 101 of the Act.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (referred to 
under this heading as the ``Corporation''), as authorized by the 
Communications Act of 1934, an amount which shall be available within 
limitations specified by that Act, for the fiscal year 2014, 
$445,000,000:  Provided, That none of the funds made available to the 
Corporation by this Act shall be used to pay for receptions, parties, 
or similar forms of entertainment for Government officials or 
employees:  Provided further, That none of the funds made available to 
the Corporation by this Act shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex:  Provided further, That none 
of the funds made available to the Corporation by this Act shall be 
used to apply any political test or qualification in selecting, 
appointing, promoting, or taking any other personnel action with 
respect to officers, agents, and employees of the Corporation:  
Provided further, That none of the funds made available to the 
Corporation by this Act shall be used to support the Television Future 
Fund or any similar purpose:  Provided further, That for fiscal year 
2012, in addition to the amounts provided above, $5,998,000 shall be 
provided for costs related to digital program production, development, 
and distribution, associated with the transition of public broadcasting 
to digital broadcasting, to be awarded as determined by the Corporation 
in consultation with public radio and television licensees or 
permittees, or their designated representatives.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$46,559,000, including $349,000 for activities authorized by the Labor-
Management Cooperation Act of 1978:  Provided, That notwithstanding 31 
U.S.C. 3302, fees charged, up to full-cost recovery, for special 
training activities and other conflict resolution services and 
technical assistance, including those provided to foreign governments 
and international organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended:  Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce:  Provided further, That the 
Director of the Service is authorized to accept and use on behalf of 
the United States gifts of services and real, personal, or other 
property in the aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $17,337,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$237,393,000.

            Medicaid and SCHIP Payment and Access Commission

                         salaries and expenses

    For expenses necessary for the Medicaid and SCHIP Payment and 
Access Commission as authorized by section 1900 of the Social Security 
Act, $10,500,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $12,425,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,264,000.

               National Health Care Workforce Commission

                         salaries and expenses

    For expenses necessary for the National Health Care Workforce 
Commission as authorized by section 5101 of the Patient Protection and 
Affordable Care Act, $3,000,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $282,833,000:  Provided, That no part of 
this appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in section 2(3) 
of the Act of July 5, 1935, and as amended by the Labor-Management 
Relations Act, 1947, and as defined in section 3(f) of the Act of June 
25, 1938, and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$13,436,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $11,689,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $51,000,000, 
which shall include amounts becoming available in fiscal year 2012 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits:  Provided, That the 
total amount provided herein shall be credited in 12 approximately 
equal amounts on the first day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2013, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $108,855,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $8,170,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                payments to social security trust funds

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

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$37,922,543,000, to remain available until expended:  Provided, That 
any portion of the funds provided to a State in the current fiscal year 
and not obligated by the State during that year shall be returned to 
the Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2013, $18,200,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $20,000 for official reception and 
representation expenses, not more than $10,853,948,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, and 
including the development of systems in support of Social Security 
number verification for States, from any one or all of the trust funds 
referred to therein:  Provided, That not less than $2,150,000 shall be 
for the Social Security Advisory Board:  Provided further, That 
unobligated balances of funds provided under this paragraph at the end 
of fiscal year 2012 not needed for fiscal year 2012 shall remain 
available until expended to invest in the Social Security 
Administration information technology and telecommunications hardware 
and software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this information 
technology and telecommunications infrastructure:  Provided further, 
That the Commissioner of Social Security shall provide information to 
the Committees on Appropriations of the House of Representatives and 
the Senate each year, at the same time the President's budget is 
submitted to Congress, regarding the estimated amount of prior year 
unobligated balances that will be available and used under the 
authority in the previous proviso and shall notify such Committees 
prior to when funds are made available under such authority:  Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    From funds provided under the first paragraph, not less than 
$273,000,000 shall be available for the cost associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act.
    In addition to the amounts made available above, and subject to the 
same terms and conditions, $623,000,000, for additional continuing 
disability reviews and redeterminations of eligibility:  Provided, That 
the Commissioner shall provide to the Congress (at the conclusion of 
the fiscal year) a report on the obligation and expenditure of these 
additional amounts, similar to the reports that were required by 
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
2002.
    In addition, $155,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2012 
exceed $155,000,000, the amounts shall be available in fiscal year 2013 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $500,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$28,942,000, together with not to exceed $73,535,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available:  Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $22,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and expenses''.
    Sec. 505.  None of the funds contained in this Act may be used to 
distribute any needle or syringe for the purpose of preventing the 
spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 506.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 512.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514.  None of the funds made available by this Act to carry 
out the Library Services and Technology Act may be made available to 
any library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 515. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 516. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 517.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2012 that are different than those 
specified in this Act, the accompanying detailed table in the statement 
of the managers on the conference report accompanying this Act, or the 
fiscal year 2012 budget request.
    Sec. 518.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $500,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2012, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 519.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.124 of title 41, Code of Federal 
Regulations.
    Sec. 520.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.

                              (rescission)

    Sec. 521.  Of the funds made available for performance bonus 
payments under section 2105(a)(3)(E) of the Social Security Act, 
$6,830,797,000 are hereby permanently rescinded.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related 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, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                           September 22, 2011

                 Read twice and placed on the calendar
```