II 

Calendar No. 428 

112TH CONGRESS 

2D SESSION S. 3295 

[Report No. 112–176] 

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2012 

Mr. HARKIN, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2013, and 

for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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

2 September 30, 2013, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Workforce Investment 

9 Act of 1998 (referred to in this Act as ‘‘WIA’’), the Sec10 ond Chance Act of 2007, the Women in Apprenticeship 

11 and Non-Traditional Occupations Act of 1992 (‘‘WANTO 

12 Act’’), and the Workforce Innovation Fund, as established 

13 by this Act, including the purchase and hire of passenger 

14 motor vehicles, the construction, alteration, and repair of 

15 buildings and other facilities, and the purchase of real 

16 property for training centers, $3,176,063,000, plus reim17 bursements, shall be available. Of the amounts provided: 

18 (1) for grants to States for adult employment 

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

21 $2,603,315,000 as follows: 

22 (A) $770,811,000 for adult employment 

23 and training activities, of which $58,811,000 

24 shall be available for the period July 1, 2013, 

25 through June 30, 2014, and of which 
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1 $712,000,000 shall be available for the period 

2 October 1, 2013 through June 30, 2014; 

3 (B) $824,353,000 for youth activities, 

4 which shall be available for the period April 1, 

5 2013 through June 30, 2014; and 

6 (C) $1,008,151,000 for dislocated worker 

7 employment and training activities, of which 

8 $148,151,000 shall be available for the period 

9 July 1, 2013 through June 30, 2014, and of 

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

11 period October 1, 2013 through June 30, 2014: 

12 Provided, That notwithstanding the transfer limitation 

13 under section 133(b)(4) of the WIA, up to 30 percent of 

14 such funds may be transferred by a local board if approved 

15 by the Governor: Provided further, That a local board may 

16 award a contract to an institution of higher education or 

17 other eligible training provider if the local board deter18 mines that it would facilitate the training of multiple indi19 viduals in high-demand occupations, if such contract does 

20 not limit customer choice: Provided further, That notwith21 standing section 128(a)(1) of the WIA, the amount avail22 able to the Governor for statewide workforce investment 

23 activities shall not exceed 5 percent of the amount allotted 

24 to the State from each of the appropriations under the 

25 preceding subparagraphs or 10 percent if at least 50 per-
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1 cent of the funding is used to support training delivered 

2 on a local or regional basis for in-demand occupations or 

3 industries; 

4 (2) for federally administered programs, 

5 $486,510,000 as follows: 

6 (A) $224,066,000 for the dislocated work7 ers assistance national reserve, of which 

8 $24,066,000 shall be available for the period 

9 July 1, 2013 through June 30, 2014, and of 

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

11 period October 1, 2013 through June 30, 2014: 

12 Provided, That funds provided to carry out sec13 tion 132(a)(2)(A) of the WIA may be used to 

14 provide assistance to a State for statewide or 

15 local use in order to address cases where there 

16 have been worker dislocations across multiple 

17 sectors or across multiple local areas and such 

18 workers remain dislocated; coordinate the State 

19 workforce development plan with emerging eco20 nomic development needs; and train such eligi21 ble dislocated workers: Provided further, That 

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

23 the WIA may be used for demonstration 

24 projects that provide assistance to new entrants 

25 in the workforce and incumbent workers: Pro-
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1 vided further, That none of the funds shall be 

2 obligated to carry out section 173(e) of the 

3 WIA; 

4 (B) $47,562,000 for Native American pro5 grams, which shall be available for the period 

6 July 1, 2013 through June 30, 2014; 

7 (C) $84,291,000 for migrant and seasonal 

8 farmworker programs under section 167 of the 

9 WIA, including $78,104,742 for formula grants 

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

11 employment and training services), $5,678,222 

12 for migrant and seasonal housing (of which not 

13 less than 70 percent shall be for permanent 

14 housing), and $508,036 for other discretionary 

15 purposes, which shall be available for the period 

16 July 1, 2013 through June 30, 2014: Provided, 

17 That notwithstanding any other provision of 

18 law or related regulation, the Department of 

19 Labor shall take no action limiting the number 

20 or proportion of eligible participants receiving 

21 related assistance services or discouraging 

22 grantees from providing such services; 

23 (D) $996,000 for carrying out the 

24 WANTO Act, which shall be available for the 

25 period July 1, 2013 through June 30, 2014; 
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1 (E) $79,689,000 for YouthBuild activities 

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

3 shall be available for the period April 1, 2013 

4 through June 30, 2014; and 

5 (F) $49,906,000 to be available to the Sec6 retary of Labor (referred to in this title as 

7 ‘‘Secretary’’) for the Workforce Innovation 

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

12 improve program delivery and education and 

13 employment outcomes for beneficiaries, which 

14 shall be for the period July 1, 2013 through 

15 September 30, 2014: Provided, That amounts 

16 shall be available for awards to States or State 

17 agencies that are eligible for assistance under 

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

21 more than 5 percent of the funds available for 

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

24 projects carried out with these funds: Provided 

25 further, That not more than $10,000,000 of the 
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1 funds provided for the Workforce Innovation 

2 Fund may be used for performance-based 

3 awards or other agreements under the Pay for 

4 Success program: Provided further, That, with 

5 respect to the proceeding proviso, any funds ob6 ligated for such projects or agreements shall re7 main available for disbursement until expended, 

8 notwithstanding 31 U.S.C. 1552(a), and that 

9 any funds deobligated from such projects or 

10 agreements shall immediately be available for 

11 Workforce Innovation Fund activities; 

12 (3) for national activities, $86,238,000, as fol13 lows: 

14 (A) $80,238,000 for ex-offender activities, 

15 under the authority of section 171 of the WIA 

16 and section 212 of the Second Chance Act of 

17 2007, which shall be available for the period 

18 April 1, 2013 through June 30, 2014, notwith19 standing the requirements of section 

20 171(b)(2)(B) or 171(c)(4)(D) of the WIA: Pro21 vided, That of this amount, $20,000,000 shall 

22 be for competitive grants to national and re23 gional intermediaries for activities that prepare 

24 young ex-offenders and school dropouts for em-
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1 ployment, with a priority for projects serving 

2 high-crime, high-poverty areas; and 

3 (B) $6,000,000 for the Workforce Data 

4 Quality Initiative, under the authority of section 

5 171(c)(2) of the WIA, which shall be available 

6 for the period July 1, 2013 through June 30, 

7 2014, and which shall not be subject to the re8 quirements of section 171(c)(4)(D). 

9 OFFICE OF JOB CORPS

10 To carry out subtitle C of title I of the WIA, includ11 ing Federal administrative expenses, the purchase and 

12 hire of passenger motor vehicles, the construction, alter13 ation, and repairs of buildings and other facilities, and the 

14 purchase of real property for training centers as author15 ized by the WIA, $1,673,210,000, plus reimbursements, 

16 as follows: 

17 (1) $1,569,078,000 for Job Corps Operations, 

18 which shall be available for the period July 1, 2013 

19 through June 30, 2014; 

20 (2) $75,000,000 for construction, rehabilitation 

21 and acquisition of Job Corps Centers, which shall be 

22 available for the period July 1, 2013 through June 

23 30, 2016: Provided, That the Secretary may transfer 

24 up to 15 percent of such funds to meet the oper25 ational needs of such centers or to achieve adminis-
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1 trative efficiencies: Provided further, That any funds 

2 transferred pursuant to the preceding proviso shall 

3 not be available for obligation after June 30, 2014; 

4 and 

5 (3) $29,132,000 for necessary expenses of the 

6 Office of Job Corps, which shall be available for obli7 gation for the period October 1, 2012 through Sep8 tember 30, 2013: 

9 Provided further, That no funds from any other appropria10 tion shall be used to provide meal services at or for Job 

11 Corps centers. 

12 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

13 AMERICANS

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

15 1965 (referred to in this Act as ‘‘OAA’’), $448,251,000, 

16 which shall be available for the period July 1, 2013 

17 through June 30, 2014, and may be recaptured and reobli18 gated in accordance with section 517(c) of the OAA. 

19 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

20 For payments during fiscal year 2013 of trade ad21 justment benefit payments and allowances under part I 

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

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

24 employment and case management services, allowances for 

25 job search and relocation, and related State administrative 
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1 expenses under part II of subchapter B of chapter 2 of 

2 title II of the Trade Act of 1974, including benefit pay3 ments, allowances, training, employment and case man4 agement services, and related State administration pro5 vided pursuant to section 231(a) of the Trade Adjustment 

6 Assistance Extension Act of 2011, $1,421,000,000, to7 gether with such amounts as may be necessary to be 

8 charged to the subsequent appropriation for payments for 

9 any period subsequent to September 15, 2013. 

10 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

11 SERVICE OPERATIONS

12 For authorized administrative expenses, 

13 $86,111,000, together with not to exceed $3,795,882,000 

14 which may be expended from the Employment Security 

15 Administration Account in the Unemployment Trust Fund 

16 (‘‘the Trust Fund’’), of which: 

17 (1) $2,989,912,000 from the Trust Fund is for 

18 grants to States for the administration of State un19 employment insurance laws as authorized under title 

20 III of the Social Security Act (including not less 

21 than $60,000,000 to conduct in-person re-employ22 ment and eligibility assessments and unemployment 

23 insurance improper payment reviews, and 

24 $10,000,000 for activities to address the 

25 misclassification of workers), the administration of 
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1 unemployment insurance for Federal employees and 

2 for ex-service members as authorized under 5 U.S.C. 

3 8501–8523, and the administration of trade read4 justment allowances, re-employment trade adjust5 ment assistance, and alternative trade adjustment 

6 assistance under the Trade Act of 1974 and under 

7 section 231(a) of the Trade Adjustment Assistance 

8 Extension Act of 2011, and shall be available for ob9 ligation by the States through December 31, 2013, 

10 except that funds used for automation acquisitions 

11 or competitive grants awarded to States for im12 proved operations, re-employment and eligibility as13 sessments and improper payments, or activities to 

14 address misclassification of workers shall be avail15 able for obligation by the States through September 

16 30, 2015, and funds used for unemployment insur17 ance workloads experienced by the States through 

18 September 30, 2013 shall be available for Federal 

19 obligation through December 31, 2013; 

20 (2) $11,297,000 from the Trust Fund is for na21 tional activities necessary to support the administra22 tion of the Federal-State unemployment insurance 

23 system; 

24 (3) $708,204,000 from the Trust Fund, to25 gether with $22,638,000 from the General Fund of 
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1 the Treasury, is for grants to States in accordance 

2 with section 6 of the Wagner-Peyser Act, of which 

3 not less than $30,000,000 shall be used to provide 

4 re-employment services to beneficiaries of unemploy5 ment insurance, and shall be available for Federal 

6 obligation for the period July 1, 2013 through June 

7 30, 2014; 

8 (4) $20,952,000 from the Trust Fund is for na9 tional activities of the Employment Service, includ10 ing administration of the work opportunity tax cred11 it under section 51 of the Internal Revenue Code of 

12 1986, and the provision of technical assistance and 

13 staff training under the Wagner-Peyser Act, includ14 ing not to exceed $1,228,000 that may be used for 

15 amortization payments to States which had inde16 pendent retirement plans in their State employment 

17 service agencies prior to 1980; 

18 (5) $65,517,000 from the Trust Fund is for the 

19 administration of foreign labor certifications and re20 lated activities under the Immigration and Nation21 ality Act and related laws, of which $50,418,000 

22 shall be available for the Federal administration of 

23 such activities, and $15,099,000 shall be available 

24 for grants to States for the administration of such 

25 activities; and 
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1 (6) $63,473,000 from the General Fund is to 

2 provide workforce information, national electronic 

3 tools, and one-stop system building under the Wag4 ner-Peyser Act and section 171 (e)(2)(C) of the 

5 WIA and shall be available for Federal obligation for 

6 the period July 1, 2013 through June 30, 2014: 

7 Provided, That to the extent that the Average Weekly In8 sured Unemployment (AWIU) for fiscal year 2013 is pro9 jected by the Department of Labor to exceed 3,908,000, 

10 an additional $28,600,000 from the Trust Fund shall be 

11 available for obligation for every 100,000 increase in the 

12 AWIU level (including a pro rata amount for any incre13 ment less than 100,000) to carry out title III of the Social 

14 Security Act: Provided further, That funds appropriated 

15 in this Act that are allotted to a State to carry out activi16 ties under title III of the Social Security Act may be used 

17 by such State to assist other States in carrying out activi18 ties under such title III if the other States include areas 

19 that have suffered a major disaster declared by the Presi20 dent under the Robert T. Stafford Disaster Relief and 

21 Emergency Assistance Act: Provided further, That the 

22 Secretary may use funds appropriated for grants to States 

23 under title III of the Social Security Act to make pay24 ments on behalf of States for the use of the National Di25 rectory of New Hires under section 453(j)(8) of such Act: 
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1 Provided further, That funds appropriated in this Act 

2 which are used to establish a national one-stop career cen3 ter system, or which are used to support the national ac4 tivities of the Federal-State unemployment insurance or 

5 immigration programs, may be obligated in contracts, 

6 grants, or agreements with non-State entities: Provided 

7 further, That funds appropriated under this Act for activi8 ties authorized under title III of the Social Security Act 

9 and the Wagner-Peyser Act may be used by States to fund 

10 integrated Unemployment Insurance and Employment 

11 Service automation efforts, notwithstanding cost allocation 

12 principles prescribed under the Office of Management and 

13 Budget Circular A–87: Provided further, That the Sec14 retary, at the request of a State participating in a consor15 tium with other States, may reallot funds allotted to such 

16 State under title III of the Social Security Act to other 

17 States participating in the consortium in order to carry 

18 out activities that benefit the administration of the unem19 ployment compensation law of the State making the re20 quest: Provided further, That, notwithstanding 31 U.S.C. 

21 3302, the Secretary may, during the fiscal year ending 

22 September 30, 2013, collect and retain fees for the costs 

23 associated with additional data collection, analyses, and 

24 reporting services relating to the National Agricultural 

25 Workers Survey requested by State and local govern-
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1 ments, public and private institutions of higher education, 

2 and non-profit organizations and may utilize such sums, 

3 in accordance with the provisions of 29 U.S.C. 9a, for the 

4 National Agricultural Workers Survey infrastructure, 

5 methodology, and data to meet the information collection 

6 and reporting needs of such entities and shall credit such 

7 fees to this account, which shall be available for obligation 

8 through September 30, 2014, for such purposes. 

9 In addition, $15,000,000 from the Employment Se10 curity Administration Account of the Unemployment 

11 Trust Fund shall be available to conduct in-person re-em12 ployment and eligibility assessments and unemployment 

13 insurance improper payment reviews. 

14 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

15 OTHER FUNDS

16 For repayable advances to the Unemployment Trust 

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

18 Social Security Act, and to the Black Lung Disability 

19 Trust Fund as authorized by section 9501(c)(1) of the In20 ternal Revenue Code of 1986; and for nonrepayable ad21 vances to the Unemployment Trust Fund as authorized 

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

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

24 necessary, which shall be available for obligation through 

25 September 30, 2014. 
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1 PROGRAM ADMINISTRATION

2 For expenses of administering employment and train3 ing programs, $97,137,000, together with not to exceed 

4 $49,944,000 which may be expended from the Employ5 ment Security Administration Account in the Unemploy6 ment Trust Fund. 

7 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Employee Benefits 

10 Security Administration, $183,153,000. 

11 PENSION BENEFIT GUARANTY CORPORATION

12 PENSION BENEFIT GUARANTY CORPORATION FUND

13 The Pension Benefit Guaranty Corporation (‘‘Cor14 poration’’) is authorized to make such expenditures, in15 cluding financial assistance authorized by subtitle E of 

16 title IV of the Employee Retirement Income Security Act 

17 of 1974, within limits of funds and borrowing authority 

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

19 to make such contracts and commitments without regard 

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

21 as may be necessary in carrying out the program, includ22 ing associated administrative expenses, through Sep23 tember 30, 2013, for the Corporation: Provided, That 

24 none of the funds available to the Corporation for fiscal 

25 year 2013 shall be available for obligations for administra-
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1 tive expenses in excess of $479,013,000: Provided further, 

2 That to the extent that the number of new plan partici3 pants in plans terminated by the Corporation exceeds 

4 100,000 in fiscal year 2013, an amount not to exceed an 

5 additional $9,200,000 shall be available through Sep6 tember 30, 2014, for obligation for administrative ex7 penses for every 20,000 additional terminated partici8 pants: Provided further, That an additional $50,000 shall 

9 be made available through September 30, 2014, for obliga10 tion for investment management fees for every 

11 $25,000,000 in assets received by the Corporation as a 

12 result of new plan terminations or asset growth, after ap13 proval by the Office of Management and Budget and noti14 fication of the Committees on Appropriations of the House 

15 of Representatives and the Senate: Provided further, That 

16 obligations in excess of the amounts provided in this para17 graph may be incurred for unforeseen and extraordinary 

18 pretermination expenses or extraordinary multiemployer 

19 program related expenses after approval by the Office of 

20 Management and Budget and notification of the Commit21 tees on Appropriations of the House of Representatives 

22 and the Senate. 
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1 WAGE AND HOUR DIVISION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Wage and Hour Divi4 sion, including reimbursement to State, Federal, and local 

5 agencies and their employees for inspection services ren6 dered, $237,730,000. 

7 OFFICE OF LABOR-MANAGEMENT STANDARDS

8 SALARIES AND EXPENSES

9 For necessary expenses for the Office of Labor-Man10 agement Standards, $41,289,000. 

11 OFFICE OF FEDERAL CONTRACT COMPLIANCE

12 PROGRAMS

13 SALARIES AND EXPENSES

14 For necessary expenses for the Office of Federal Con15 tract Compliance Programs, $105,187,000. 

16 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the Office of Workers’ 

19 Compensation Programs, $115,720,000, together with 

20 $2,120,000 which may be expended from the Special Fund 

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

22 Longshore and Harbor Workers’ Compensation Act. 
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1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses) accruing during 

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

6 81; continuation of benefits as provided for under the 

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

8 Agency Appropriation Act, 1947; the Employees’ Com9 pensation Commission Appropriation Act, 1944; sections 

10 4(c) and 5(f) of the War Claims Act of 1948; and 50 per11 cent of the additional compensation and benefits required 

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

13 Compensation Act, $396,000,000, together with such 

14 amounts as may be necessary to be charged to the subse15 quent year appropriation for the payment of compensation 

16 and other benefits for any period subsequent to August 

17 15 of the current year: Provided, That amounts appro18 priated may be used under 5 U.S.C. 8104 by the Secretary 

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

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

21 disabled beneficiary: Provided further, That balances of re22 imbursements unobligated on September 30, 2012, shall 

23 remain available until expended for the payment of com24 pensation, benefits, and expenses: Provided further, That 

25 in addition there shall be transferred to this appropriation 
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1 from the Postal Service and from any other corporation 

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

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

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

5 administration for employees of such fair share entities 

6 through September 30, 2013: Provided further, That of 

7 those funds transferred to this account from the fair share 

8 entities to pay the cost of administration of the Federal 

9 Employees’ Compensation Act, $58,544,000 shall be made 

10 available to the Secretary as follows: 

11 (1) For enhancement and maintenance of auto12 mated data processing systems and telecommuni13 cations systems, $23,166,000; 

14 (2) For automated workload processing oper15 ations, including document imaging, centralized mail 

16 intake, and medical bill processing, $20,517,000; 

17 (3) For periodic roll management and medical 

18 review, $14,861,000; and 

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

20 Treasury as miscellaneous receipts: 

21 Provided further, That the Secretary may require that any 

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

23 under 5 U.S.C. 81, or the Longshore and Harbor Work24 ers’ Compensation Act, provide as part of such notice and 
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1 claim, such identifying information (including Social Secu2 rity account number) as such regulations may prescribe. 

3 SPECIAL BENEFITS FOR DISABLED COAL MINERS

4 For carrying out title IV of the Federal Mine Safety 

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

6 275, $123,220,000, to remain available until expended. 

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

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

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

10 as may be necessary. 

11 For making benefit payments under title IV for the 

12 first quarter of fiscal year 2014, $35,000,000, to remain 

13 available until expended. 

14 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

15 OCCUPATIONAL ILLNESS COMPENSATION FUND

16 For necessary expenses to administer the Energy 

17 Employees Occupational Illness Compensation Program 

18 Act, $54,962,000, to remain available until expended: Pro19 vided, That the Secretary may require that any person fil20 ing a claim for benefits under the Act provide as part of 

21 such claim such identifying information (including Social 

22 Security account number) as may be prescribed. 
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1 BLACK LUNG DISABILITY TRUST FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 Such sums as may be necessary from the Black Lung 

4 Disability Trust Fund (the ‘‘Fund’’), to remain available 

5 until expended, for payment of all benefits authorized by 

6 section 9501(d)(1), (2), (6), and (7) of the Internal Rev7 enue Code of 1986; and repayment of, and payment of 

8 interest on advances, as authorized by section 9501(d)(4) 

9 of that Act. In addition, the following amounts may be 

10 expended from the Fund for fiscal year 2013 for expenses 

11 of operation and administration of the Black Lung Bene12 fits program, as authorized by section 9501(d)(5): not to 

13 exceed $32,906,000 for transfer to the Office of Workers’ 

14 Compensation Programs, ‘‘Salaries and Expenses’’; not to 

15 exceed $25,217,000 for transfer to Departmental Manage16 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 

17 for transfer to Departmental Management, ‘‘Office of In18 spector General’’; and not to exceed $356,000 for pay19 ments into miscellaneous receipts for the expenses of the 

20 Department of the Treasury. 

21 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses for the Occupational Safety 

24 and Health Administration, $565,468,000, including not 

25 to exceed $104,196,000 which shall be the maximum 
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1 amount available for grants to States under section 23(g) 

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

3 which grants shall be no less than 50 percent of the costs 

4 of State occupational safety and health programs required 

5 to be incurred under plans approved by the Secretary 

6 under section 18 of the Act; and, in addition, notwith7 standing 31 U.S.C. 3302, the Occupational Safety and 

8 Health Administration may retain up to $200,000 per fis9 cal year of training institute course tuition fees, otherwise 

10 authorized by law to be collected, and may utilize such 

11 sums for occupational safety and health training and edu12 cation: Provided, That notwithstanding 31 U.S.C. 3302, 

13 the Secretary is authorized, during the fiscal year ending 

14 September 30, 2013, to collect and retain fees for services 

15 provided to Nationally Recognized Testing Laboratories, 

16 and may utilize such sums, in accordance with the provi17 sions of 29 U.S.C. 9a, to administer national and inter18 national laboratory recognition programs that ensure the 

19 safety of equipment and products used by workers in the 

20 workplace: Provided further, That none of the funds ap21 propriated under this paragraph shall be obligated or ex22 pended to prescribe, issue, administer, or enforce any 

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

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

25 operation which does not maintain a temporary labor 
24 

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1 camp and employs 10 or fewer employees: Provided fur2 ther, That no funds appropriated under this paragraph 

3 shall be obligated or expended to administer or enforce 

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

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

6 included within a category having a Days Away, Re7 stricted, or Transferred (DART) occupational injury and 

8 illness rate, at the most precise industrial classification 

9 code for which such data are published, less than the na10 tional average rate as such rates are most recently pub11 lished by the Secretary, acting through the Bureau of 

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

13 except— 

14 (1) to provide, as authorized by the Act, con15 sultation, technical assistance, educational and train16 ing services, and to conduct surveys and studies; 

17 (2) to conduct an inspection or investigation in 

18 response to an employee complaint, to issue a cita19 tion for violations found during such inspection, and 

20 to assess a penalty for violations which are not cor21 rected within a reasonable abatement period and for 

22 any willful violations found; 

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

24 with respect to imminent dangers; 
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1 (4) to take any action authorized by the Act 

2 with respect to health hazards; 

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

4 with respect to a report of an employment accident 

5 which is fatal to one or more employees or which re6 sults in hospitalization of two or more employees, 

7 and to take any action pursuant to such investiga8 tion authorized by the Act; and 

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

10 with respect to complaints of discrimination against 

11 employees for exercising rights under the Act: 

12 Provided further, That the foregoing proviso shall not 

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

14 which does not maintain a temporary labor camp and em15 ploys 10 or fewer employees: Provided further, That 

16 $11,000,000 shall be available for Susan Harwood train17 ing grants. 

18 MINE SAFETY AND HEALTH ADMINISTRATION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses for the Mine Safety and 

22 Health Administration, $376,270,000, including purchase 

23 and bestowal of certificates and trophies in connection 

24 with mine rescue and first-aid work, and the hire of pas25 senger motor vehicles, including up to $2,000,000 for 
26 

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1 mine rescue and recovery activities; in addition, not to ex2 ceed $750,000 may be collected by the National Mine 

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

4 the sale of training materials, otherwise authorized by law 

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

6 education and training activities, notwithstanding 31 

7 U.S.C. 3302; in addition, the Mine Safety and Health Ad8 ministration may retain up to $2,499,000 from fees col9 lected for the approval and certification of equipment, ma10 terials, and explosives for use in mines, and may utilize 

11 such sums for such activities, notwithstanding 31 U.S.C. 

12 3302; and, in addition, the Mine Safety and Health Ad13 ministration is authorized to collect and retain fees for 

14 services related to the analysis of rock dust samples, and 

15 may utilize such sums to administer such activities, not16 withstanding 31 U.S.C. 3302; the Secretary may transfer 

17 from amounts provided under this heading up to 

18 $2,000,000 to ‘‘Departmental Management’’ for activities 

19 related to the Office of the Solicitor’s caseload before the 

20 Federal Mine Safety and Health Review Commission; the 

21 Secretary is authorized to accept lands, buildings, equip22 ment, and other contributions from public and private 

23 sources and to prosecute projects in cooperation with other 

24 agencies, Federal, State, or private; the Mine Safety and 

25 Health Administration is authorized to promote health 
27 

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1 and safety education and training in the mining commu2 nity through cooperative programs with States, industry, 

3 and safety associations; the Secretary is authorized to rec4 ognize the Joseph A. Holmes Safety Association as a prin5 cipal safety association and, notwithstanding any other 

6 provision of law, may provide funds and, with or without 

7 reimbursement, personnel, including service of Mine Safe8 ty and Health Administration officials as officers in local 

9 chapters or in the national organization; any funds avail10 able to the Department of Labor may be used, with the 

11 approval of the Secretary, to provide for the costs of mine 

12 rescue and survival operations in the event of a major dis13 aster; and the Secretary may reallocate among the items 

14 funded under this heading up to $3,000,000 to support 

15 inspections or investigations pursuant to section 103 of 

16 the Federal Mine Safety and Health Act of 1977. 

17 BUREAU OF LABOR STATISTICS

18 SALARIES AND EXPENSES

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

21 Federal, and local agencies and their employees for serv22 ices rendered, $551,867,000, together with not to exceed 

23 $67,176,000 which may be expended from the Employ24 ment Security Administration Account in the Unemploy25 ment Trust Fund, of which $1,500,000 may be used to 
28 

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1 fund the mass layoff statistics program under section 15 

2 of the Wagner-Peyser Act. 

3 OFFICE OF DISABILITY EMPLOYMENT POLICY

4 SALARIES AND EXPENSES

5 For necessary expenses for the Office of Disability 

6 Employment Policy to provide leadership, develop policy 

7 and initiatives, and award grants furthering the objective 

8 of eliminating barriers to the training and employment of 

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

10 DEPARTMENTAL MANAGEMENT

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for Departmental Manage14 ment, including the hire of three passenger motor vehicles, 

15 $348,601,000, together with not to exceed $326,000, 

16 which may be expended from the Employment Security 

17 Administration Account in the Unemployment Trust 

18 Fund: Provided, That $66,500,000 for the Bureau of 

19 International Labor Affairs shall be available for obliga20 tion through December 31, 2013: Provided further, That 

21 funds available to the Bureau of International Labor Af22 fairs may be used to administer or operate international 

23 labor activities, bilateral and multilateral technical assist24 ance, and microfinance programs, by or through contracts, 

25 grants, subgrants and other arrangements: Provided fur-
29 

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1 ther, That not less than $40,000,000 shall be for programs 

2 to combat exploitative child labor internationally: Provided 

3 further, That not less than $6,500,000 shall be used to 

4 implement model programs that address worker rights 

5 issues through technical assistance in countries with which 

6 the United States has free trade agreements or trade pref7 erence programs: Provided further, That $9,000,000 shall 

8 be used for program evaluation and shall be available for 

9 obligation through September 30, 2014: Provided further, 

10 That funds available for program evaluation may be trans11 ferred to any other appropriate account in the Department 

12 for such purpose: Provided further, That the funds avail13 able to the Women’s Bureau may be used for grants to 

14 serve and promote the interests of women in the work15 force. 

16 VETERANS EMPLOYMENT AND TRAINING

17 Not to exceed $224,636,000 may be derived from the 

18 Employment Security Administration Account in the Un19 employment Trust Fund to carry out the provisions of 38 

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

21 Public Law 103–353, and which shall be available for obli22 gation by the States through December 31, 2012, of which 

23 $3,414,000 is for the National Veterans’ Employment and 

24 Training Services Institute. 
30 

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1 In addition, to carry out Department of Labor pro2 grams under section 5(a)(1) of the Homeless Veterans 

3 Comprehensive Assistance Act of 2001, $38,185,000. 

4 IT MODERNIZATION

5 For necessary expenses for Department of Labor cen6 tralized infrastructure technology investment activities re7 lated to support systems and modernization, $19,814,000. 

8 OFFICE OF INSPECTOR GENERAL

9 For salaries and expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $77,790,000, together with not to 

12 exceed $5,898,000 which may be expended from the Em13 ployment Security Administration Account in the Unem14 ployment Trust Fund. 

15 GENERAL PROVISIONS

16 SEC. 101. None of the funds appropriated by this Act 

17 for the Job Corps shall be used to pay the salary and bo18 nuses of an individual, either as direct costs or any prora19 tion as an indirect cost, at a rate in excess of Executive 

20 Level II. 

21 (TRANSFER OF FUNDS)

22 SEC. 102. Not to exceed 1 percent of any discre23 tionary funds (pursuant to the Balanced Budget and 

24 Emergency Deficit Control Act of 1985) which are appro25 priated for the current fiscal year for the Department of 
31 

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

2 project, or activity, but no such program, project, or activ3 ity shall be increased by more than 3 percent by any such 

4 transfer: Provided, That the transfer authority granted by 

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

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

7 provided in this Act: Provided further, That the Commit8 tees on Appropriations of the House of Representatives 

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

10 of any transfer. 

11 SEC. 103. In accordance with Executive Order 

12 13126, none of the funds appropriated or otherwise made 

13 available pursuant to this Act shall be obligated or ex14 pended for the procurement of goods mined, produced, 

15 manufactured, or harvested or services rendered, in whole 

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

17 and host countries already identified by the United States 

18 Department of Labor prior to enactment of this Act. 

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

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

21 the American Competitiveness and Workforce Improve22 ment Act of 1998 may be used for any purpose other than 

23 competitive grants for training in the occupations and in24 dustries for which employers are using H–1B visas to hire 
32 

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1 foreign workers, and the related activities necessary to 

2 support such training. 

3 SEC. 105. None of the funds made available by this 

4 Act under the heading ‘‘Employment and Training Ad5 ministration’’ shall be used by a recipient or subrecipient 

6 of such funds to pay the salary and bonuses of an indi7 vidual, either as direct costs or indirect costs, at a rate 

8 in excess of Executive Level II. This limitation shall not 

9 apply to vendors providing goods and services as defined 

10 in Office of Management and Budget Circular A–133. 

11 Where States are recipients of such funds, States may es12 tablish a lower limit for salaries and bonuses of those re13 ceiving salaries and bonuses from subrecipients of such 

14 funds, taking into account factors including the relative 

15 cost-of-living in the State, the compensation levels for 

16 comparable State or local government employees, and the 

17 size of the organizations that administer Federal pro18 grams involved including Employment and Training Ad19 ministration programs. Notwithstanding this section, the 

20 limitation on salaries for the Job Corps shall continue to 

21 be governed by section 101. 

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

23 amend, through regulatory or administration action, the 

24 definition established in section 667.220 of title 20 of the 

25 Code of Federal Regulations for functions and activities 
33 

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

2 administrative action, the procedure for redesignation of 

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

4 (including applying the standards specified in section 

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

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

7 such time as legislation reauthorizing the Act is enacted. 

8 Nothing in the preceding sentence shall permit or require 

9 the Secretary to withdraw approval for such redesignation 

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

12 redesignation procedure being used by the Secretary in 

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

15 request for such redesignation not later than October 26, 

16 2005. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 107. Notwithstanding section 102, the Sec19 retary may transfer funds made available to the Employ20 ment and Training Administration by this Act, either di21 rectly or through a set-aside, for technical assistance serv22 ices to grantees to ‘‘Program Administration’’ when it is 

23 determined that those services will be more efficiently per24 formed by Federal employees. 
34 

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1 (INCLUDING TRANSFER OF FUNDS)

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

3 than 0.5 percent from each appropriation made available 

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

5 out evaluations of any of the programs or activities that 

6 are funded under such accounts. Any funds reserved under 

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

9 Officer within the Department of Labor, and shall be 

10 available for obligation through September 30, 2014: Pro11 vided, That such funds shall only be available if the Chief 

12 Evaluation Officer of the Department of Labor submits 

13 a plan to the Committees on Appropriations of the House 

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

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

17 ‘‘Training and Employment Services’’, ‘‘Office of Job 

18 Corps’’, ‘‘State Unemployment Insurance and Employ19 ment Service Operations’’, ‘‘Employee Benefits Security 

20 Administration’’, ‘‘Office of Workers’ Compensation Pro21 grams’’, ‘‘Wage and Hour Division’’, ‘‘Office of Federal 

22 Contract Compliance Programs’’, ‘‘Office of Labor-Man23 agement Standards’’, ‘‘Occupational Safety and Health 

24 Administration’’, ‘‘Mine Safety and Health Administra25 tion’’, and ‘‘Veterans Employment and Training’’. 
35 

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1 SEC. 109. Of the funds appropriated under section 

2 272(b) of the Trade Act of 1974 for each of fiscal years 

3 2013 and 2014, the Secretary may not reserve more than 

4 3 percent of such funds to conduct evaluations and provide 

5 technical assistance relating to the activities carried out 

6 under section 271 of such Act, including activities carried 

7 out under such section supported by the appropriations 

8 provided for fiscal years 2011 and 2012. 

9 SEC. 110. (a) None of the amounts made available 

10 under this Act may be used to promulgate, administer, 

11 enforce, or otherwise implement the final rule entitled 

12 ‘‘Temporary Non-Agricultural Employment of H–2B 

13 Aliens in the United States’’ published by the Department 

14 of Labor on February 21, 2012 (77 Fed. Reg. 10038). 

15 (b) None of the amounts made available under this 

16 Act may be used to promulgate, administer, enforce, or 

17 otherwise implement the final rule entitled ‘‘Wage Meth18 odology for the Temporary Non-Agricultural Employment 

19 H–2B Program’’ published by the Department of Labor 

20 on January 19, 2011 (76 Fed. Reg. 3452). 

21 TRANSFER OF COMPTROLLER GENERAL AUTHORITIES

22 SEC. 111. (a) AUTHORITY OF COMPTROLLER GEN23 ERAL TO PAY WAGES AND LIST CONTRACTORS VIO24 LATING CONTRACTS.—40 U.S.C. 3144, is amended— 
36 

•S 3295 PCS

1 (1) in the title, by striking ‘‘of Comptroller 

2 General’’; and 

3 (2) in subsection (a)(1), by striking ‘‘The 

4 Comptroller General’’ and inserting ‘‘The Secretary 

5 of Labor’’. 

6 (b) REPORT OF VIOLATIONS AND WITHHOLDING OF

7 AMOUNTS FOR UNPAID WAGES AND LIQUIDATED DAM8 AGES.—40 U.S.C. 3703, is amended in subsection (b)(3), 

9 by— 

10 (1) striking ‘‘The Comptroller General’’ in the 

11 first sentence and inserting ‘‘The Secretary of 

12 Labor’’; and 

13 (2) striking ‘‘the Comptroller General’’ in the 

14 second sentence and inserting ‘‘the Secretary of 

15 Labor’’. 

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

17 Appropriations Act, 2013’’. 

18 TITLE II 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 HEALTH RESOURCES AND SERVICES ADMINISTRATION

22 PRIMARY HEALTH CARE

23 For carrying out titles II and III of the Public Health 

24 Service Act (referred to in this Act as the ‘‘PHS Act’’) 

25 with respect to primary health care and the Native Hawai-
37 

•S 3295 PCS

1 ian Health Care Act of 1988, $1,585,064,000, of which 

2 $127,000 shall be available until expended for facilities 

3 renovations at the Gillis W. Long Hansen’s Disease Cen4 ter: Provided, That no more than $40,000 shall be avail5 able until expended for carrying out the provisions of sec6 tion 224(o) of the PHS Act, including associated adminis7 trative expenses and relevant evaluations: Provided fur8 ther, That no more than $94,893,000 shall be available 

9 until expended for carrying out the provisions of Public 

10 Law 104–73 and for expenses incurred by the Department 

11 of Health and Human Services (referred to in this Act 

12 as ‘‘HHS’’) pertaining to administrative claims made 

13 under such law: Provided further, That all funds provided 

14 for Health Centers program, as defined by section 330 of 

15 the PHS Act, by this Act or any other Act for fiscal year 

16 2013 shall be obligated by the Secretary of Health and 

17 Human Services (referred to in this title as ‘‘Secretary’’) 

18 by September 30, 2013, of which $48,000,000 shall be 

19 awarded for base grant adjustments to address the in20 creased costs of care and implement quality improvement 

21 activities. 

22 HEALTH WORKFORCE

23 For carrying out titles III, VII, and VIII of the PHS 

24 Act with respect to the health workforce, section 1128E 

25 of the Social Security Act, and the Health Care Quality 
38 

•S 3295 PCS

1 Improvement Act of 1986, $727,862,000: Provided, That 

2 sections 747(c)(2), 751(j)(2), and the proportional fund3 ing amounts in paragraphs (1) through (4) of section 

4 756(e) of the PHS Act shall not apply to funds made 

5 available under this heading: Provided further, That for 

6 any program operating under section 751 of the PHS Act 

7 on or before January 1, 2009, the Secretary may waive 

8 any of the requirements contained in sections 

9 751(d)(2)(A) and 751(d)(2)(B) of such Act for fiscal year 

10 2013 and fiscal years thereafter: Provided further, That 

11 in addition to fees authorized by section 427(b) of the 

12 Health Care Quality Improvement Act of 1986, fees shall 

13 be collected for the full disclosure of information under 

14 such Act sufficient to recover the full costs of operating 

15 the National Practitioner Data Bank and shall remain 

16 available until expended to carry out that Act: Provided 

17 further, That fees collected for the full disclosure of infor18 mation under the ‘‘Health Care Fraud and Abuse Data 

19 Collection Program’’, authorized by section 1128E(d)(2) 

20 of the Social Security Act, shall be sufficient to recover 

21 the full costs of operating the program, and shall remain 

22 available until expended to carry out that Act: Provided 

23 further, That fees collected for the disclosure of informa24 tion under the information reporting requirement program 

25 authorized by section 1921 of the Social Security Act shall 
39 

•S 3295 PCS

1 be sufficient to recover the full costs of operating the pro2 gram and shall remain available until expended to carry 

3 out that Act: Provided further, That funds transferred to 

4 this account to carry out section 846 and subpart 3 of 

5 part D of title III of the PHS Act may be used to make 

6 prior year adjustments to awards made under such sec7 tions. 

8 MATERNAL AND CHILD HEALTH

9 For carrying out titles III, XI, XII, and XIX of the 

10 PHS Act with respect to maternal and child health, title 

11 V of the Social Security Act, and section 712 of the Amer12 ican Jobs Creation Act of 2004, $854,807,000: Provided, 

13 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

14 the Social Security Act, not more than $73,489,000 shall 

15 be available for carrying out special projects of regional 

16 and national significance pursuant to section 501(a)(2) of 

17 such Act and $10,276,000 shall be available for projects 

18 described in paragraphs (A) through (F) of section 

19 501(a)(3) of such Act. 

20 RYAN WHITE HIV/AIDS PROGRAM

21 For carrying out title XXVI of the PHS Act with 

22 respect to the Ryan White HIV/AIDS program, 

23 $2,397,178,000, of which $2,056,898,000 shall remain 

24 available to the Secretary through September 30, 2014, 

25 for parts A and B of title XXVI of the PHS Act, and 
40 

•S 3295 PCS

1 of which not less than $963,299,000 shall be for State 

2 AIDS Drug Assistance Programs under the authority of 

3 section 2616 or 311(c) of such Act: Provided, That in ad4 dition to amounts provided herein, $25,000,000 shall be 

5 available from amounts available under section 241 of the 

6 PHS Act to carry out parts A, B, C, and D of title XXVI 

7 of the PHS Act to fund Special Projects of National Sig8 nificance under section 2691. 

9 HEALTH CARE SYSTEMS

10 For carrying out titles III and XII of the PHS Act 

11 with respect to health care systems, and the Stem Cell 

12 Therapeutic and Research Act of 2005, $82,534,000: Pro13 vided, That the Secretary may collect a fee of 0.1 percent 

14 of each purchase of 340B drugs from entities participating 

15 in the Drug Pricing Program pursuant to section 340B 

16 of the PHS Act to pay for the operating costs of such 

17 program: Provided further, That fees pursuant to the 

18 340B Drug Pricing Program shall be collected by manu19 facturers at the time of sale, and shall be credited to this 

20 account, to remain available until expended. 

21 RURAL HEALTH

22 For carrying out titles III and IV of the PHS Act 

23 with respect to rural health, section 427(a) of the Federal 

24 Coal Mine Health and Safety Act, the Cardiac Arrest Sur25 vival Act of 2000, and sections 711 and 1820 of the Social 
41 

•S 3295 PCS

1 Security Act, $144,072,000, of which $41,040,000 from 

2 general revenues, notwithstanding section 1820(j) of the 

3 Social Security Act, shall be available for carrying out the 

4 Medicare rural hospital flexibility grants program: Pro5 vided, That of the funds made available under this heading 

6 for Medicare rural hospital flexibility grants, $15,000,000 

7 shall be available for the Small Rural Hospital Improve8 ment Grant Program for quality improvement and adop9 tion of health information technology and up to 

10 $1,000,000 shall be to carry out section 1820(g)(6) of the 

11 Social Security Act, with funds provided for grants under 

12 section 1820(g)(6) available for the purchase and imple13 mentation of telehealth services, including pilots and dem14 onstrations on the use of electronic health records to co15 ordinate rural veterans care between rural providers and 

16 the Department of Veterans Affairs electronic health 

17 record system: Provided further, That notwithstanding 

18 section 338J(k) of the PHS Act, $10,036,000 shall be 

19 available for State Offices of Rural Health. 

20 FAMILY PLANNING

21 For carrying out the program under title X of the 

22 PHS Act to provide for voluntary family planning 

23 projects, $293,870,000: Provided, That amounts provided 

24 to said projects under such title shall not be expended for 

25 abortions, that all pregnancy counseling shall be nondirec-
42 

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1 tive, and that such amounts shall not be expended for any 

2 activity (including the publication or distribution of lit3 erature) that in any way tends to promote public support 

4 or opposition to any legislative proposal or candidate for 

5 public office. 

6 PROGRAM MANAGEMENT

7 For program support in the Health Resources and 

8 Services Administration, $162,517,000: Provided, That 

9 funds made available under this heading may be used to 

10 supplement program support funding provided under the 

11 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

12 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

13 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

14 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

15 ACCOUNT

16 Such sums as may be necessary to carry out the pur17 pose of the program, as authorized by title VII of the PHS 

18 Act. For administrative expenses to carry out the guaran19 teed loan program, including section 709 of the PHS Act, 

20 $2,807,000. 

21 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

22 For payments from the Vaccine Injury Compensation 

23 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

24 may be necessary for claims associated with vaccine-re25 lated injury or death with respect to vaccines administered 
43 

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1 after September 30, 1988, pursuant to subtitle 2 of title 

2 XXI of the PHS Act, to remain available until expended: 

3 Provided, That for necessary administrative expenses, not 

4 to exceed $6,477,000 shall be available from the Trust 

5 Fund to the Secretary. 

6 CENTERS FOR DISEASE CONTROL AND PREVENTION

7 IMMUNIZATION AND RESPIRATORY DISEASES

8 For carrying out titles II, III, VII, XVII, and XXI, 

9 and section 2821 of the PHS Act, titles II and IV of the 

10 Immigration and Nationality Act, and section 501 of the 

11 Refugee Education Assistance Act, with respect to immu12 nization and respiratory diseases, $576,083,000: Provided, 

13 That in addition to amounts provided herein, $12,864,000 

14 shall be available from amounts available under section 

15 241 of the PHS Act to carry out the National Immuniza16 tion Surveys. 

17 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

18 DISEASES, AND TUBERCULOSIS PREVENTION

19 For carrying out titles II, III, VII, XVII, XXIII, and 

20 XXVI of the PHS Act with respect to HIV/AIDS, viral 

21 hepatitis, sexually transmitted diseases, and tuberculosis 

22 prevention, $1,101,934,000: Provided, That Centers for 

23 Disease Control and Prevention (referred to in this title 

24 as ‘‘CDC’’) and State grant recipients may transfer up 

25 to ten percent of funds appropriated for CDC HIV/AIDS 
44 

•S 3295 PCS

1 and tuberculosis activities to address the overlapping 

2 epidemics of HIV/AIDS, sexually transmitted infections, 

3 hepatitis, and tuberculosis by improving program collabo4 ration and providing integrated services in accordance 

5 with priorities identified by the CDC: Provided further, 

6 That with respect to the previous proviso, grantees shall 

7 submit a plan in writing to the CDC and obtain the ap8 proval of the CDC to transfer such funds. 

9 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

10 For carrying out titles II, III, VII, and XVII, and 

11 section 2821 of the PHS Act, titles II and IV of the Immi12 gration and Nationality Act, and section 501 of the Ref13 ugee Education Assistance Act, with respect to emerging 

14 and zoonotic infectious diseases, $269,274,000, of which 

15 $1,000,000 shall remain available through September 30, 

16 2014 for costs related to persons quarantined or isolated 

17 under Federal quarantine laws. 

18 CHRONIC DISEASE PREVENTION AND HEALTH

19 PROMOTION

20 For carrying out titles II, III, VII, XI, XV, XVII, 

21 and XIX of the PHS Act with respect to chronic disease 

22 prevention and health promotion, $798,445,000: Provided, 

23 That funds appropriated under this account may be avail24 able for making grants under section 1509 of the PHS 
45 

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1 Act for not less than 21 States, tribes, or tribal organiza2 tions. 

3 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

4 DISABILITIES AND HEALTH

5 For carrying out titles II, III, VII, XI, and XVII of 

6 the PHS Act with respect to birth defects, developmental 

7 disabilities, disabilities and health, $134,500,000. 

8 PUBLIC HEALTH SCIENTIFIC SERVICES

9 For carrying out titles II and III of the PHS Act 

10 with respect to health statistics, surveillance, informatics, 

11 and workforce development, $143,972,000: Provided, That 

12 in addition to amounts provided herein, $247,769,000 

13 shall be available from amounts available under section 

14 241 of the PHS Act to carry out public health scientific 

15 services. 

16 ENVIRONMENTAL HEALTH

17 For carrying out titles II, III, VII, and XVII of the 

18 PHS Act with respect to environmental health, 

19 $114,667,000. 

20 INJURY PREVENTION AND CONTROL

21 For carrying out titles II, III, VII, and XVII of the 

22 PHS Act with respect to injury prevention and control, 

23 $137,693,000: Provided, That funds appropriated under 

24 this heading may be used to fund evaluation, research, and 

25 pilot programs for sexual violence prevention programs. 
46 

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1 OCCUPATIONAL SAFETY AND HEALTH

2 For carrying out titles II, III, VII, and XVII of the 

3 PHS Act, sections 101, 102, 103, 201, 202, 203, 301, 

4 501, and 514 of the Federal Mine Safety and Health Act, 

5 section 13 of the Mine Improvement and New Emergency 

6 Response Act, and sections 20, 21, and 22 of the Occupa7 tional Safety and Health Act, with respect to occupational 

8 safety and health, $181,864,000: Provided, That in addi9 tion to amounts provided herein, $110,724,000 shall be 

10 available from amounts available under section 241 of the 

11 PHS Act. 

12 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

13 COMPENSATION PROGRAM

14 For necessary expenses to administer the Energy 

15 Employees Occupational Illness Compensation Program 

16 Act, $55,358,000, to remain available until expended, of 

17 which $4,500,000 shall be for use by or in support of the 

18 Advisory Board on Radiation and Worker Health (referred 

19 to under this heading as the ‘‘Board’’) to carry out its 

20 statutory responsibilities, including obtaining audits, tech21 nical assistance, and other support from the Board’s audit 

22 contractor with regard to radiation dose estimation and 

23 reconstruction efforts, site profiles, procedures, and review 

24 of Special Exposure Cohort petitions and evaluation re25 ports: Provided, That this amount shall be available con-
47 

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1 sistent with the provision regarding administrative ex2 penses in section 151(b) of division B, title I of Public 

3 Law 106–554. 

4 GLOBAL HEALTH

5 For carrying out titles II, III, VII and XVII of the 

6 PHS Act with respect to global health, $362,594,000, of 

7 which $117,118,000 for international HIV/AIDS shall re8 main available through September 30, 2014, and of which 

9 $10,000,000 shall remain available through September 

10 30, 2014, to support national public health institutes: Pro11 vided, That funds may be used for purchase and insurance 

12 of official motor vehicles in foreign countries. 

13 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

14 For carrying out titles II, III, VII, and XVII of the 

15 PHS Act with respect to public health preparedness and 

16 response, and for expenses necessary to support activities 

17 related to countering potential biological, nuclear, radio18 logical, and chemical threats to civilian populations, 

19 $1,299,479,000, of which $503,792,000 shall remain 

20 available until expended for the Strategic National Stock21 pile under section 319F–2 of the PHS Act. 

22 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

23 For carrying out titles II, III, VII, XVII and XIX, 

24 and section 2821 of the PHS Act and for cross-cutting 

25 activities and program support that supplement activities 
48 

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1 funded under the headings ‘‘Immunization and Res2 piratory Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually 

3 Transmitted Diseases, and Tuberculosis Prevention’’, 

4 ‘‘Emerging and Zoonotic Infectious Diseases’’, ‘‘Chronic 

5 Disease Prevention and Health Promotion’’, ‘‘Birth De6 fects, Developmental Disabilities, Disabilities and 

7 Health’’, ‘‘Environmental Health’’, ‘‘Injury Prevention 

8 and Control’’, ‘‘Occupational Safety and Health’’, ‘‘En9 ergy Employees Occupational Illness Compensation Pro10 gram’’, ‘‘Global Health’’, ‘‘Public Health Preparedness 

11 and Response’’, and ‘‘Public Health Scientific Services’’, 

12 $593,193,000, of which $383,529,000 shall be available 

13 until September 30, 2014, for business services, of which 

14 $11,000,000 shall be available until September 30, 2016, 

15 for acquisition of property, equipment, construction and 

16 renovation of facilities: Provided, That paragraphs (1) 

17 through (3) of subsection (b) of section 2821 of the PHS 

18 Act shall not apply to funds appropriated under this head19 ing and in all other accounts of the CDC: Provided further, 

20 That funds appropriated under this heading and in all 

21 other accounts of CDC may be used to support the pur22 chase, hire, maintenance, and operation of aircraft for use 

23 and support of the activities of CDC: Provided further, 

24 That employees of CDC or the Public Health Service, both 

25 civilian and commissioned officers, detailed to States, mu-
49 

•S 3295 PCS

1 nicipalities, or other organizations under authority of sec2 tion 214 of the PHS Act, or in overseas assignments, shall 

3 be treated as non-Federal employees for reporting pur4 poses only and shall not be included within any personnel 

5 ceiling applicable to the Agency, Service, or HHS during 

6 the period of detail or assignment: Provided further, That 

7 CDC may use up to $10,000 from amounts appropriated 

8 to CDC in this Act for official reception and representa9 tion expenses when specifically approved by the Director 

10 of CDC: Provided further, That in addition, such sums as 

11 may be derived from authorized user fees, which shall be 

12 credited to the appropriation charged with the cost there13 of: Provided further, That with respect to the previous pro14 viso, authorized user fees from the Vessel Sanitation Pro15 gram shall be available through September 30, 2014: Pro16 vided further, That of the funds made available under this 

17 heading, up to $1,000 per eligible employee of CDC shall 

18 be made available until expended for Individual Learning 

19 Accounts. 

20 NATIONAL INSTITUTES OF HEALTH

21 NATIONAL CANCER INSTITUTE

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

23 Act with respect to cancer, $5,084,227,000, of which up 

24 to $8,000,000 may be used for facilities repairs and im25 provements at the National Cancer Institute—Frederick 
50 

•S 3295 PCS

1 Federally Funded Research and Development Center in 

2 Frederick, Maryland. 

3 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

5 Act with respect to cardiovascular, lung, and blood dis6 eases, and blood and blood products, $3,085,390,000. 

7 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

8 RESEARCH

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

10 Act with respect to dental and craniofacial diseases, 

11 $409,449,000. 

12 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

13 KIDNEY DISEASES

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

15 Act with respect to diabetes and digestive and kidney dis16 ease, $1,797,539,000. 

17 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

18 AND STROKE

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

20 Act with respect to neurological disorders and stroke, 

21 $1,629,631,000. 
51 

•S 3295 PCS

1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

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

4 Act with respect to allergy and infectious diseases, 

5 $4,508,932,000. 

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

8 Act with respect to general medical sciences, 

9 $2,387,112,000. 

10 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

11 CHILD HEALTH AND HUMAN DEVELOPMENT

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

13 Act with respect to child health and human development, 

14 $1,324,603,000. 

15 NATIONAL EYE INSTITUTE

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

17 Act with respect to eye diseases and visual disorders, 

18 $695,115,000. 

19 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

20 SCIENCES

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

22 Act with respect to environmental health sciences, 

23 $686,103,000. 
52 

•S 3295 PCS

1 NATIONAL INSTITUTE ON AGING

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

3 Act with respect to aging, $1,124,265,000. 

4 NATIONAL INSTITUTE OF ARTHRITIS AND

5 MUSCULOSKELETAL AND SKIN DISEASES

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

7 Act with respect to arthritis and musculoskeletal and skin 

8 diseases, $537,233,000. 

9 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

10 COMMUNICATION DISORDERS

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

12 Act with respect to deafness and other communication dis13 orders, $418,562,000. 

14 NATIONAL INSTITUTE OF NURSING RESEARCH

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

16 Act with respect to nursing research, $144,590,000. 

17 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

18 ALCOHOLISM

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

20 Act with respect to alcohol abuse and alcoholism, 

21 $458,489,000. 

22 NATIONAL INSTITUTE ON DRUG ABUSE

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

24 Act with respect to drug abuse, $1,057,196,000. 
53 

•S 3295 PCS

1 NATIONAL INSTITUTE OF MENTAL HEALTH

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

3 Act with respect to mental health, $1,483,687,000. 

4 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

6 Act with respect to human genome research, 

7 $512,920,000. 

8 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

9 BIOENGINEERING

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

11 Act with respect to biomedical imaging and bioengineering 

12 research, $337,917,000. 

13 NATIONAL CENTER FOR COMPLEMENTARY AND

14 ALTERNATIVE MEDICINE

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

16 Act with respect to complementary and alternative medi17 cine, $128,318,000. 

18 NATIONAL INSTITUTE ON MINORITY HEALTH AND

19 HEALTH DISPARITIES

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

21 Act with respect to minority health and health disparities 

22 research, $280,236,000. 
54 

•S 3295 PCS

1 JOHN E. FOGARTY INTERNATIONAL CENTER

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

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

4 title IV of the PHS Act), $69,969,000. 

5 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

6 SCIENCES

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

8 Act with respect to translational sciences, $631,346,000: 

9 Provided, That up to $40,000,000 shall be available to im10 plement section 402C of the PHS Act, relating to the 

11 Cures Acceleration Network. 

12 NATIONAL LIBRARY OF MEDICINE

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

14 Act with respect to health information communications, 

15 $373,781,000, of which $4,000,000 shall be available until 

16 September 30, 2014, for improvement of information sys17 tems: Provided, That in fiscal year 2013, the National Li18 brary of Medicine may enter into personal services con19 tracts for the provision of services in facilities owned, oper20 ated, or constructed under the jurisdiction of the National 

21 Institutes of Health (referred to in this title as ‘‘NIH’’): 

22 Provided further, That in addition to amounts provided 

23 herein, $8,200,000 shall be available from amounts avail24 able under section 241 of the PHS Act to carry out the 

25 purposes of the National Information Center on Health 
55 

•S 3295 PCS

1 Services Research and Health Care Technology estab2 lished under section 478A of the PHS Act and related 

3 health services. 

4 OFFICE OF THE DIRECTOR

5 For carrying out the responsibilities of the Office of 

6 the Director, NIH, $1,431,341,000, of which up to 

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

8 Act: Provided, That funding shall be available for the pur9 chase of not to exceed 29 passenger motor vehicles for re10 placement only: Provided further, That NIH is authorized 

11 to collect third-party payments for the cost of clinical serv12 ices that are incurred in NIH research facilities and that 

13 such payments shall be credited to the NIH Management 

14 Fund: Provided further, That all funds credited to the 

15 NIH Management Fund shall remain available for one fis16 cal year after the fiscal year in which they are deposited: 

17 Provided further, That up to $165,000,000 shall be avail18 able for continuation of the National Children’s Study: 

19 Provided further, That $544,930,000 shall be available for 

20 the Common Fund established under section 402A(c)(1) 

21 of the PHS Act: Provided further, That of the funds pro22 vided $10,000 shall be for official reception and represen23 tation expenses when specifically approved by the Director 

24 of the NIH: Provided further, That the Office of AIDS 

25 Research within the Office of the Director of the NIH may 
56 

•S 3295 PCS

1 spend up to $8,000,000 to make grants for construction 

2 or renovation of facilities as provided for in section 

3 2354(a)(5)(B) of the PHS Act. 

4 BUILDINGS AND FACILITIES

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

6 acquisition of equipment for, facilities of or used by NIH, 

7 including the acquisition of real property, $125,308,000, 

8 to remain available until September 30, 2017. 

9 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

10 ADMINISTRATION

11 MENTAL HEALTH

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

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

14 Advocacy for Individuals with Mental Illness Act, 

15 $947,458,000: Provided, That notwithstanding section 

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

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

19 addition to amounts provided herein, $21,039,000 shall be 

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

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

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

23 collection and evaluation activities, and further that the 

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

25 shall not exceed 5 percent of the amounts appropriated 
57 

•S 3295 PCS

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

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

3 funds appropriated under this Act for fiscal year 2013: 

4 Provided further, That of the amount appropriated under 

5 this heading, $48,713,000 shall be for the National Child 

6 Traumatic Stress Initiative as described in section 582 of 

7 the PHS Act. 

8 SUBSTANCE ABUSE TREATMENT

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

10 Act with respect to substance abuse treatment and section 

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

12 prevention, $2,109,945,000: Provided, That in addition to 

13 amounts provided herein, the following amounts shall be 

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

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

16 of the PHS Act to fund section 1935(b) technical assist17 ance, national data, data collection and evaluation activi18 ties, and further that the total available under this Act 

19 for section 1935(b) activities shall not exceed 5 percent 

20 of the amounts appropriated for subpart II of part B of 

21 title XIX; and (2) $2,000,000 to evaluate substance abuse 

22 treatment programs. 

23 SUBSTANCE ABUSE PREVENTION

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

25 with respect to substance abuse prevention, $184,433,000. 
58 

•S 3295 PCS

1 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

2 For program support and cross-cutting activities that 

3 supplement activities funded under the headings ‘‘Mental 

4 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

5 Abuse Prevention’’ in carrying out titles III, V, and XIX 

6 of the PHS Act and the Protection and Advocacy for Indi7 viduals with Mental Illness Act in the Substance Abuse 

8 and Mental Health Services Administration, 

9 $100,710,000: Provided, That in addition to amounts pro10 vided herein, $27,428,000 shall be available under section 

11 241 of the PHS Act to supplement funds available to 

12 carry out national surveys on drug abuse and mental 

13 health, to collect and analyze program data, and to con14 duct public awareness and technical assistance activities: 

15 Provided further, That, in addition, fees may be collected 

16 for the costs associated with additional publications, data, 

17 data tabulations, and data analysis completed under title 

18 V of the PHS Act and provided to a public or private enti19 ty upon request, which shall be credited to this appropria20 tion and shall remain available until expended for such 

21 purposes: Provided further, That funds made available 

22 under this heading may be used to supplement program 

23 support funding provided under the headings ‘‘Mental 

24 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

25 Abuse Prevention’’. 
59 

•S 3295 PCS

1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

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

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

5 1013 of the Medicare Prescription Drug, Improvement, 

6 and Modernization Act of 2003, $364,053,000 shall be 

7 available from amounts available under section 241 of the 

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

9 Provided, That in addition, amounts received from Free10 dom of Information Act fees, reimbursable and inter11 agency agreements, and the sale of data shall be credited 

12 to this appropriation and shall remain available until Sep13 tember 30, 2014. 

14 CENTERS FOR MEDICARE AND MEDICAID SERVICES

15 GRANTS TO STATES FOR MEDICAID

16 For carrying out, except as otherwise provided, titles 

17 XI and XIX of the Social Security Act, $178,791,197,000, 

18 to remain available until expended. 

19 For making, after May 31, 2013, payments to States 

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

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

22 the last quarter of fiscal year 2013 for unanticipated costs 

23 incurred for the current fiscal year, such sums as may be 

24 necessary. 
60 

•S 3295 PCS

1 For making payments to States or in the case of sec2 tion 1928 on behalf of States under title XIX of the Social 

3 Security Act for the first quarter of fiscal year 2014, 

4 $106,335,631,000, to remain available until expended. 

5 Payment under such title XIX may be made for any 

6 quarter with respect to a State plan or plan amendment 

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

8 such quarter and approved in that or any subsequent 

9 quarter. 

10 PAYMENTS TO HEALTH CARE TRUST FUNDS

11 For payment to the Federal Hospital Insurance 

12 Trust Fund and the Federal Supplementary Medical In13 surance Trust Fund, as provided under sections 217(g), 

14 1844, and 1860D–16 of the Social Security Act, sections 

15 103(c) and 111(d) of the Social Security Amendments of 

16 1965, section 278(d)(3) of Public Law 97–248, and for 

17 administrative expenses incurred pursuant to section 

18 201(g) of the Social Security Act, $251,718,000,000. 

19 In addition, for making matching payments under 

20 section 1844 and benefit payments under section 1860D– 

21 16 of the Social Security Act that were not anticipated 

22 in budget estimates, such sums as may be necessary. 

23 PROGRAM MANAGEMENT

24 For carrying out, except as otherwise provided, titles 

25 XI, XVIII, XIX, and XXI of the Social Security Act, titles 
61 

•S 3295 PCS

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

2 Improvement Amendments of 1988, and other responsibil3 ities of the Centers for Medicare and Medicaid Services, 

4 not to exceed $4,370,112,000, to be transferred from the 

5 Federal Hospital Insurance Trust Fund and the Federal 

6 Supplementary Medical Insurance Trust Fund, as author7 ized by section 201(g) of the Social Security Act; together 

8 with all funds collected in accordance with section 353 of 

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

10 Act, funds retained by the Secretary pursuant to section 

11 302 of the Tax Relief and Health Care Act of 2006; and 

12 such sums as may be collected from authorized user fees 

13 and the sale of data, which shall be credited to this ac14 count and remain available until September 30, 2018: Pro15 vided, That all funds derived in accordance with 31 U.S.C. 

16 9701 from organizations established under title XIII of 

17 the PHS Act shall be credited to and available for carrying 

18 out the purposes of this appropriation: Provided further, 

19 That $11,150,000, to remain available through September 

20 30, 2014, shall be for contract costs for the Healthcare 

21 Integrated General Ledger Accounting System: Provided 

22 further, That the Secretary is directed to collect fees in 

23 fiscal year 2013 from Medicare Advantage organizations 

24 pursuant to section 1857(e)(2) of the Social Security Act 

25 and from eligible organizations with risk-sharing contracts 
62 

•S 3295 PCS

1 under section 1876 of that Act pursuant to section 

2 1876(k)(4)(D) of that Act. 

3 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

4 In addition to amounts otherwise available for pro5 gram integrity and program management, $610,000,000, 

6 to remain available through September 30, 2014, to be 

7 transferred from the Federal Hospital Insurance Trust 

8 Fund and the Federal Supplementary Medical Insurance 

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

10 Security Act, of which $409,697,693 shall be for the Cen11 ters for Medicare and Medicaid Services Program Integ12 rity Activities, including administrative costs, to conduct 

13 oversight activities for the Medicare program, including 

14 but not limited to Medicare Advantage and the Medicare 

15 Prescription Drug Program authorized in title XVIII of 

16 the Social Security Act, and for activities described in sec17 tion 1893 of such Act and for Medicaid and Children’s 

18 Health Insurance Program integrity activities, of which 

19 $102,499,971 shall be for the Department of Health and 

20 Human Services Office of Inspector General to carry out 

21 fraud and abuse activities authorized by section 

22 1817(k)(3) of such Act, and of which $97,802,336 shall 

23 be for the Department of Justice to carry out fraud and 

24 abuse activities authorized by section 1817(k)(3) of such 

25 Act: Provided, That of the amount provided under this 
63 

•S 3295 PCS

1 heading, $311,000,000 is provided to meet the terms of 

2 section 251(b)(2)(C)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985, as amended, and 

4 $299,000,000 is additional new budget authority specified 

5 for purposes of section 251(b)(2)(C) of such Act: Provided 

6 further, That the report required by section 1817(k)(5) of 

7 the Social Security Act for fiscal year 2013 shall include 

8 measures of the operational efficiency and impact on 

9 fraud, waste, and abuse in the Medicare, Medicaid, and 

10 CHIP programs for the funds provided by this appropria11 tion. 

12 ADMINISTRATION FOR CHILDREN AND FAMILIES

13 PAYMENTS TO STATES FOR CHILD SUPPORT

14 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

15 For making payments to States or other non-Federal 

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

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

18 $2,756,485,000, to remain available until expended; and 

19 for such purposes for the first quarter of fiscal year 2014, 

20 $1,100,000,000, to remain available until expended. 

21 For making payments to each State for carrying out 

22 the program of Aid to Families with Dependent Children 

23 under title IV–A of the Social Security Act before the ef24 fective date of the program of Temporary Assistance for 

25 Needy Families with respect to such State, such sums as 
64 

•S 3295 PCS

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

2 available to a State with respect to expenditures under 

3 such title IV–A in fiscal year 1997 under this appropria4 tion and under such title IV–A as amended by the Per5 sonal Responsibility and Work Opportunity Reconciliation 

6 Act of 1996 shall not exceed the limitations under section 

7 116(b) of such Act. 

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

9 payments to States or other non-Federal entities under 

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

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

12 of the current fiscal year for unanticipated costs, incurred 

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

14 LOW INCOME HOME ENERGY ASSISTANCE

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

16 (e) of section 2602 of the Low Income Home Energy As17 sistance Act of 1981, $3,471,672,000, of which 

18 $3,371,672,000 shall be for making payments under sub19 sections (b) and (d) of such section; and of which 

20 $100,000,000 shall be for making payments under sub21 section (e) of such section, to be made notwithstanding 

22 the designation requirements of such subsection: Provided, 

23 That all but $482,000,000 of the amount provided in this 

24 section for subsections (b) and (d) shall be allocated as 

25 though the total appropriation for such payments for fiscal 
65 

•S 3295 PCS

1 year 2013 was less than $1,975,000,000: Provided further, 

2 That notwithstanding section 2609A(a), of the amounts 

3 appropriated under section 2602(b), not more than 

4 $3,000,000 of such amounts may be reserved by the Sec5 retary for technical assistance, training, and monitoring 

6 of program activities for compliance with internal controls, 

7 policies and procedures. 

8 REFUGEE AND ENTRANT ASSISTANCE

9 For necessary expenses for refugee and entrant as10 sistance activities authorized by section 414 of the Immi11 gration and Nationality Act and section 501 of the Ref12 ugee Education Assistance Act of 1980, for carrying out 

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

14 235 of the William Wilberforce Trafficking Victims Pro15 tection Reauthorization Act of 2008, and the Trafficking 

16 Victims Protection Act of 2000, for costs associated with 

17 the care and placement of unaccompanied alien children, 

18 and for carrying out the Torture Victims Relief Act of 

19 1998, $805,358,000, of which up to $9,775,000 shall be 

20 available to carry out the Trafficking Victims Protection 

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

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

23 and Nationality Act, section 462 of the Homeland Secu24 rity Act of 2002, section 235 of the William Wilberforce 

25 Trafficking Victims Protection Reauthorization Act of 
66 

•S 3295 PCS

1 2008, and the Trafficking Victims Protection Act of 2000 

2 for fiscal year 2013 shall be available for the costs of as3 sistance provided and other activities to remain available 

4 through September 30, 2015. 

5 PAYMENTS TO STATES FOR THE CHILD CARE AND

6 DEVELOPMENT BLOCK GRANT

7 For carrying out the Child Care and Development 

8 Block Grant Act of 1990 (‘‘CCDBG Act’’), 

9 $2,438,313,000 shall be used to supplement, not supplant 

10 State general revenue funds for child care assistance for 

11 low-income families: Provided, That $19,396,000 shall be 

12 available for child care resource and referral and school13 aged child care activities, of which $1,000,000 shall be 

14 available to the Secretary for a competitive grant for the 

15 operation of a national toll free referral line and Web site 

16 to develop and disseminate child care consumer education 

17 information for parents and help parents access child care 

18 in their local community: Provided further, That, in addi19 tion to the amounts required to be reserved by the States 

20 under section 658G of the CCDBG Act, $290,698,000 

21 shall be reserved by the States for activities authorized 

22 under section 658G, of which $106,611,000 shall be for 

23 activities that improve the quality of infant and toddler 

24 care: Provided further, That in addition to the amounts 

25 in the previous proviso, $90,000,000 shall be made avail-
67 

•S 3295 PCS

1 able, using the allocation formula in section 658O of the 

2 CCDBG Act, for grants to each State, territory, and In3 dian tribe that submits a plan to be approved by the Sec4 retary demonstrating how it will use these funds to en5 hance the skills, knowledge, credentials, and compensation 

6 of the child care workforce: Provided further, That 

7 $9,871,000 shall be for use by the Secretary for child care 

8 research, demonstration, and evaluation activities. 

9 SOCIAL SERVICES BLOCK GRANT

10 For making grants to States pursuant to section 

11 2002 of the Social Security Act, $1,700,000,000: Pro12 vided, That notwithstanding subparagraph (B) of section 

13 404(d)(2) of such Act, the applicable percent specified 

14 under such subparagraph for a State to carry out State 

15 programs pursuant to title XX–A of such Act shall be 10 

16 percent. 

17 CHILDREN AND FAMILIES SERVICES PROGRAMS

18 For carrying out, except as otherwise provided, the 

19 Runaway and Homeless Youth Act, the Head Start Act, 

20 the Child Abuse Prevention and Treatment Act, sections 

21 303 and 313 of the Family Violence Prevention and Serv22 ices Act, the Native American Programs Act of 1974, title 

23 II of the Child Abuse Prevention and Treatment and 

24 Adoption Reform Act of 1978 (adoption opportunities), 

25 the Abandoned Infants Assistance Act of 1988, part B– 
68 

•S 3295 PCS

1 1 of title IV and sections 413, 1110, and 1115 of the So2 cial Security Act; for making payments under the Commu3 nity Services Block Grant Act (‘‘CSBG Act’’), sections 

4 439(i), 473B, and 477(i) of the Social Security Act, and 

5 the Assets for Independence Act; for necessary adminis6 trative expenses to carry out such Acts and titles I, IV, 

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

8 the Act of July 5, 1960, the Low Income Home Energy 

9 Assistance Act of 1981, title IV of the Immigration and 

10 Nationality Act, and section 501 of the Refugee Education 

11 Assistance Act of 1980; and for the administration of 

12 prior year obligations made under the Developmental Dis13 abilities Assistance and Bill of Rights Act and the Help 

14 America Vote Act of 2002, $9,818,982,000, of which 

15 $39,346,000, to remain available through September 30, 

16 2014, shall be for grants to States for adoption incentive 

17 payments, as authorized by section 473A of the Social Se18 curity Act and may be made for adoptions completed be19 fore September 30, 2013: Provided, That $8,038,544,000 

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

21 Provided further, That of the amount in the previous pro22 viso, $7,968,543,933 shall be available for payments 

23 under section 640 of the Head Start Act at the same level 

24 of such payments for fiscal year 2012: Provided further, 

25 That of the remaining amount for making payments under 
69 

•S 3295 PCS

1 the Head Start Act under this heading, notwithstanding 

2 any other provision of law, $25,000,000 shall be available 

3 for allocation by the Secretary to supplement activities de4 scribed in paragraphs (7)(B) and (9) of section 641(c) of 

5 such Act under the Designation Renewal System, estab6 lished under the authority of sections 641(c)(7), 

7 645A(b)(12) and 645A(d) of such Act, and $45,000,000 

8 shall be available for carrying out the cost of living adjust9 ment described in section 640(a)(3)(A)(ii)(II)(aa) of such 

10 Act: Provided further, That amounts allocated to Head 

11 Start grantees at the discretion of the Secretary to supple12 ment activities pursuant to the previous proviso shall not 

13 be included in calculation of the ‘‘base grant’’ in subse14 quent fiscal years, as such term is used in section 

15 640(a)(7)(A) of the Head Start Act: Provided further, 

16 That $713,282,000 shall be for making payments under 

17 the CSBG Act: Provided further, That $36,274,000 shall 

18 be for sections 680 and 678E(b)(2) of the CSBG Act, of 

19 which not less than $29,943,000 shall be for section 

20 680(a)(2) and not less than $5,981,000 shall be for sec21 tion 680(a)(3)(B) of such Act: Provided further, That in 

22 addition to amounts provided herein, $5,762,000 shall be 

23 available from amounts available under section 241 of the 

24 PHS Act to carry out the provisions of section 1110 of 

25 the Social Security Act: Provided further, That to the ex-
70 

•S 3295 PCS

1 tent Community Services Block Grant funds are distrib2 uted as grant funds by a State to an eligible entity as 

3 provided under the CSBG Act, and have not been ex4 pended by such entity, they shall remain with such entity 

5 for carryover into the next fiscal year for expenditure by 

6 such entity consistent with program purposes: Provided 

7 further, That the Secretary shall establish procedures re8 garding the disposition of intangible assets and program 

9 income that permit such assets acquired with, and pro10 gram income derived from, grant funds authorized under 

11 section 680 of the CSBG Act to become the sole property 

12 of such grantees after a period of not more than 12 years 

13 after the end of the grant period for any activity consistent 

14 with section 680(a)(2)(A) of the CSBG Act: Provided fur15 ther, That intangible assets in the form of loans, equity 

16 investments and other debt instruments, and program in17 come may be used by grantees for any eligible purpose 

18 consistent with section 680(a)(2)(A) of the CSBG Act: 

19 Provided further, That these procedures shall apply to 

20 such grant funds made available after November 29, 1999: 

21 Provided further, That funds appropriated for section 

22 680(a)(2) of the CSBG Act shall be available for financing 

23 construction and rehabilitation and loans or investments 

24 in private business enterprises owned by community devel25 opment corporations: Provided further, That to the extent 
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1 funds provided in this Act for the Assets for Independence 

2 Act are distributed as grant funds to a qualified entity 

3 and have not been expended by such entity within three 

4 years after the date of award, such funds may be recap5 tured and reallocated among other qualified entities, to re6 main available to such other qualified entities for five 

7 years: Provided further, That, notwithstanding section 

8 414(e) of the Assets for Independence Act, the Secretary 

9 may award up to $1,000,000 to support evidence-based 

10 research to evaluate the demonstration project: Provided 

11 further, That section 303(a)(2)(A)(i) of the Family Vio12 lence Prevention and Services Act shall not apply to 

13 amounts provided herein: Provided further, That 

14 $1,992,000 shall be for a human services case manage15 ment system for federally declared disasters, to include a 

16 comprehensive national case management contract and 

17 Federal costs of administering the system: Provided fur18 ther, That up to $2,000,000 shall be for improving the 

19 Public Assistance Reporting Information System, includ20 ing grants to States to support data collection for a study 

21 of the system’s effectiveness. 

22 PROMOTING SAFE AND STABLE FAMILIES

23 For carrying out section 436 of the Social Security 

24 Act, $345,000,000 and in addition, for carrying out sec25 tion 437 of such Act, $63,065,000. 
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1 PAYMENTS FOR FOSTER CARE AND PERMANENCY

2 For making payments to States or other non-Federal 

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

4 $4,810,000,000. 

5 For making payments to States or other non-Federal 

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

7 the first quarter of fiscal year 2014, $2,200,000,000. 

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

9 payments to States or other non-Federal entities under 

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

11 the last 3 months of the current fiscal year for unantici12 pated costs, incurred for the current fiscal year, such sums 

13 as may be necessary. 

14 ADMINISTRATION FOR COMMUNITY LIVING

15 AGING AND DISABILITY SERVICES PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out, to the extent not otherwise pro18 vided, the Older Americans Act of 1965 (OAA), section 

19 398 and title XXIX of the PHS Act, section 119 of the 

20 Medicare Improvements for Patients and Providers Act of 

21 2008, title XX–B of the Social Security Act, the Develop22 mental Disabilities Assistance and Bill of Rights Act, sec23 tion 291 of the Help America Vote Act of 2002, for nec24 essary administrative expenses to carry out section 393D 

25 of the PHS Act, and for Department-wide coordination 
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1 of policy and program activities that assist individuals 

2 with disabilities, $1,655,990,000, together with 

3 $52,115,000 to be transferred from the Federal Hospital 

4 Insurance Trust Fund and the Federal Supplementary 

5 Medical Insurance Trust Fund to carry out section 4360 

6 of the Omnibus Budget Reconciliation Act of 1990: Pro7 vided, That amounts appropriated under this heading may 

8 be used for grants to States under section 361 of the OAA 

9 only for disease prevention and health promotion pro10 grams and activities which have been demonstrated 

11 through rigorous evaluation to be evidence-based and ef12 fective: Provided further, That, notwithstanding section 

13 206(g) of the OAA, up to 1 percent of amounts appro14 priated to carry out programs authorized under title III 

15 of such Act shall be available for conducting evaluations, 

16 training and technical assistance: Provided further, That 

17 none of the funds provided shall be used to carry out sec18 tions 1701 and 1703 of the PHS Act (with respect to 

19 chronic disease self-management activity grants), except 

20 that such funds may be used for necessary expenses asso21 ciated with administering any such grants awarded prior 

22 to the date of the enactment of this Act: Provided further, 

23 That the total amount available for fiscal year 2013 under 

24 this and any other Act to carry out activities related to 

25 Aging and Disability Resource Centers under subsections 
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1 (a)(20)(B)(iii) and (b)(8) of section 202 of the OAA shall 

2 not exceed the amount obligated for such purposes for fis3 cal year 2010 from funds available under Public Law 111– 

4 117: Provided further, That notwithstanding any other 

5 provision of this Act, funds made available under this 

6 heading to carry out section 311 of the OAA may be trans7 ferred to the Secretary of Agriculture in accordance with 

8 such section. 

9 OFFICE OF THE SECRETARY

10 GENERAL DEPARTMENTAL MANAGEMENT

11 For necessary expenses, not otherwise provided, for 

12 general departmental management, including hire of pas13 senger motor vehicles, and for carrying out titles III, 

14 XVII, and XXI of the PHS Act, the United States-Mexico 

15 Border Health Commission Act, and research studies 

16 under section 1110 of the Social Security Act, 

17 $466,428,000, together with $69,211,000 from the 

18 amounts available under section 241 of the PHS Act to 

19 carry out national health or human services research and 

20 evaluation activities: Provided, That of this amount, 

21 $53,681,000 shall be for minority AIDS prevention and 

22 treatment activities: Provided further, That of the funds 

23 made available under this heading, $104,592,000 shall be 

24 for making competitive contracts and grants to public and 

25 private entities to fund medically accurate and age appro-
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1 priate programs that reduce teen pregnancy and for the 

2 Federal costs associated with administering and evalu3 ating such contracts and grants, of which not less than 

4 $75,000,000 shall be for replicating programs that have 

5 been proven effective through rigorous evaluation to re6 duce teenage pregnancy, behavioral risk factors underlying 

7 teenage pregnancy, or other associated risk factors, of 

8 which not less than $25,000,000 shall be available for re9 search and demonstration grants to develop, replicate, re10 fine, and test additional models and innovative strategies 

11 for preventing teenage pregnancy, and of which any re12 maining amounts shall be available for training and tech13 nical assistance, evaluation, outreach, and additional pro14 gram support activities: Provided further, That of the 

15 amounts provided under this heading from amounts avail16 able under section 241 of the PHS Act, $8,455,000 shall 

17 be available to carry out evaluations (including longitu18 dinal evaluations) of teenage pregnancy prevention ap19 proaches: Provided further, That of the funds made avail20 able under this heading, $3,500,000 is for strengthening 

21 the Department’s acquisition workforce capacity and capa22 bilities: Provided further, That with respect to the previous 

23 proviso, such funds shall be available for training, recruit24 ment, retention and hiring members of the acquisition 

25 workforce as defined by the Office of Federal Procurement 
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1 Policy Act, as amended, and for information technology 

2 in support of acquisition workforce effectiveness or for 

3 management solutions to improve acquisition manage4 ment. 

5 OFFICE OF MEDICARE HEARINGS AND APPEALS

6 For expenses necessary for administrative law judges 

7 responsible for hearing cases under title XVIII of the So8 cial Security Act (and related provisions of title XI of such 

9 Act), $79,908,000, to be transferred in appropriate part 

10 from the Federal Hospital Insurance Trust Fund and the 

11 Federal Supplementary Medical Insurance Trust Fund. 

12 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

13 INFORMATION TECHNOLOGY

14 For expenses necessary for the Office of the National 

15 Coordinator for Health Information Technology, including 

16 grants, contracts, and cooperative agreements for the de17 velopment and advancement of interoperable health infor18 mation technology, $16,415,000: Provided, That in addi19 tion to amounts provided herein, $49,842,000 shall be 

20 available from amounts available under section 241 of the 

21 PHS Act. 

22 OFFICE OF INSPECTOR GENERAL

23 For expenses necessary for the Office of Inspector 

24 General, including the hire of passenger motor vehicles for 

25 investigations, in carrying out the provisions of the Inspec-
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1 tor General Act of 1978, $55,483,000: Provided, That of 

2 such amount, necessary sums shall be available for pro3 viding protective services to the Secretary and inves4 tigating non-payment of child support cases for which non5 payment is a Federal offense under 18 U.S.C. 228: Pro6 vided further, That at least 40 percent of the funds pro7 vided in this Act for the Office of Inspector General shall 

8 be used only for investigations, audits, and evaluations 

9 pertaining to the discretionary programs funded in this 

10 Act. 

11 OFFICE FOR CIVIL RIGHTS

12 For expenses necessary for the Office for Civil 

13 Rights, $38,966,000. 

14 RETIREMENT PAY AND MEDICAL BENEFITS FOR

15 COMMISSIONED OFFICERS

16 For retirement pay and medical benefits of Public 

17 Health Service Commissioned Officers as authorized by 

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

19 Protection Plan and Survivor Benefit Plan, and for med20 ical care of dependents and retired personnel under the 

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

22 required during the current fiscal year. 
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1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

2 FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to support activities related 

5 to countering potential biological, nuclear, radiological, 

6 chemical, and cybersecurity threats to civilian populations, 

7 and for other public health emergencies, $588,220,000; of 

8 which $5,000,000 shall remain available until September 

9 30, 2015, to support emergency operations and of which 

10 $20,000,000 shall remain available until expended for the 

11 purpose of funding a strategic investment corporation es12 tablished to further the purposes of section 319L of the 

13 PHS Act to foster innovation in the development of med14 ical countermeasures; and of which up to $5,000,000 shall 

15 remain available through September 30, 2015 to support 

16 the delivery of medical countermeasures. 

17 From funds transferred to this account pursuant to 

18 the fourth paragraph under this heading in Public Law 

19 111–117, up to $415,000,000 shall be available for ex20 penses necessary to support advanced research and devel21 opment pursuant to section 319L of the PHS Act, and 

22 other administrative expenses of the Biomedical Advanced 

23 Research and Development Authority to support addi24 tional advanced research and development: Provided, That 

25 funds provided under this heading for the purpose of ac-
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1 quisition of security countermeasures may be used and 

2 shall be in addition to any other funds available for such 

3 purpose: Provided further, That products purchased with 

4 funds provided under this heading may, at the discretion 

5 of the Secretary, be deposited in the Strategic National 

6 Stockpile pursuant to section 319F–2 of the PHS Act. 

7 In addition, for expenses necessary for replacement 

8 of building leases and associated renovation costs for Pub9 lic Health Service agencies and other components of the 

10 Department of Health and Human Services, including re11 location and fit-out costs, $17,000,000, to remain avail12 able until expended. 

13 GENERAL PROVISIONS

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

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

16 and representation expenses when specifically approved by 

17 the Secretary. 

18 SEC. 202. The Secretary shall make available through 

19 assignment not more than 60 employees of the Public 

20 Health Service to assist in child survival activities and to 

21 work in AIDS programs through and with funds provided 

22 by the Agency for International Development, the United 

23 Nations International Children’s Emergency Fund or the 

24 World Health Organization. 
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1 SEC. 203. None of the funds appropriated in this title 

2 shall be used to pay the salary of an individual, through 

3 a grant or other extramural mechanism, at a rate in excess 

4 of Executive Level II. 

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

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

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

8 for other taps and assessments made by any office located 

9 in HHS, prior to the preparation and submission of a re10 port by the Secretary to the Committees on Appropria11 tions of the House of Representatives and the Senate de12 tailing the planned uses of such funds. 

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

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

15 but not more than 2.5 percent, of any amounts appro16 priated for programs authorized under such Act shall be 

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

18 or contracts) of the implementation and effectiveness of 

19 such programs. 

20 (TRANSFER OF FUNDS)

21 SEC. 206. Not to exceed 1 percent of any discre22 tionary funds (pursuant to the Balanced Budget and 

23 Emergency Deficit Control Act of 1985) which are appro24 priated for the current fiscal year for HHS in this Act 

25 may be transferred between appropriations, but no such 
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1 appropriation shall be increased by more than 3 percent 

2 by any such transfer: Provided, That the transfer author3 ity granted by this section shall not be used to create any 

4 new program or to fund any project or activity for which 

5 no funds are provided in this Act: Provided further, That 

6 the Committees on Appropriations of the House of Rep7 resentatives and the Senate are notified at least 15 days 

8 in advance of any transfer. 

9 (TRANSFER OF FUNDS)

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

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

12 to 3 percent among institutes and centers from the total 

13 amounts identified by these two Directors as funding for 

14 research pertaining to the human immunodeficiency virus: 

15 Provided, That the Committees on Appropriations of the 

16 House of Representatives and the Senate are notified at 

17 least 15 days in advance of any transfer. 

18 (TRANSFER OF FUNDS)

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

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

21 immunodeficiency virus, as jointly determined by the Di22 rector of NIH and the Director of the Office of AIDS Re23 search, shall be made available to the ‘‘Office of AIDS 

24 Research’’ account. The Director of the Office of AIDS 
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1 Research shall transfer from such account amounts nec2 essary to carry out section 2353(d)(3) of the PHS Act. 

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

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

5 PHS Act unless the applicant for the award certifies to 

6 the Secretary that it encourages family participation in 

7 the decision of minors to seek family planning services and 

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

10 SEC. 210. Notwithstanding any other provision of 

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

12 shall be exempt from any State law requiring notification 

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

14 abuse, rape, or incest. 

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

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

17 used to carry out the Medicare Advantage program if the 

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

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

22 referrals for abortions: Provided, That the Secretary shall 

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

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

4 Advantage organization described in this section shall be 

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

7 SEC. 212. In order for HHS to carry out inter8 national health activities, including HIV/AIDS and other 

9 infectious disease, chronic and environmental disease, and 

10 other health activities abroad during fiscal year 2013: 

11 (1) The Secretary may exercise authority equiv12 alent to that available to the Secretary of State in 

13 section 2(c) of the State Department Basic Authori14 ties Act of 1956. The Secretary shall consult with 

15 the Secretary of State and relevant Chief of Mission 

16 to ensure that the authority provided in this section 

17 is exercised in a manner consistent with section 207 

18 of the Foreign Service Act of 1980 and other appli19 cable statutes administered by the Department of 

20 State. 

21 (2) The Secretary is authorized to provide such 

22 funds by advance or reimbursement to the Secretary 

23 of State as may be necessary to pay the costs of ac24 quisition, lease, alteration, renovation, and manage25 ment of facilities outside of the United States for 
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1 the use of HHS. The Department of State shall co2 operate fully with the Secretary to ensure that HHS 

3 has secure, safe, functional facilities that comply 

4 with applicable regulation governing location, set5 back, and other facilities requirements and serve the 

6 purposes established by this Act. The Secretary is 

7 authorized, in consultation with the Secretary of 

8 State, through grant or cooperative agreement, to 

9 make available to public or nonprofit private institu10 tions or agencies in participating foreign countries, 

11 funds to acquire, lease, alter, or renovate facilities in 

12 those countries as necessary to conduct programs of 

13 assistance for international health activities, includ14 ing activities relating to HIV/AIDS and other infec15 tious diseases, chronic and environmental diseases, 

16 and other health activities abroad. 

17 (3) The Secretary is authorized to provide to 

18 personnel appointed or assigned by the Secretary to 

19 serve abroad, allowances and benefits similar to 

20 those provided under chapter 9 of title I of the For21 eign Service Act of 1980, and 22 U.S.C. 4081 

22 through 4086 and subject to such regulations pre23 scribed by the Secretary. The Secretary is further 

24 authorized to provide locality-based comparability 

25 payments (stated as a percentage) up to the amount 
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1 of the locality-based comparability payment (stated 

2 as a percentage) that would be payable to such per3 sonnel under section 5304 of title 5, United States 

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

5 the District of Columbia. Leaves of absence for per6 sonnel under this subsection shall be on the same 

7 basis as that provided under subchapter I of chapter 

8 63 of title 5, United States Code, or section 903 of 

9 the Foreign Service Act of 1980, to individuals serv10 ing in the Foreign Service. 

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

12 other provision of law, the Director of NIH (‘‘Director’’) 

13 may use funds available under section 402(b)(7) or 

14 402(b)(12) of the PHS Act to enter into transactions 

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

16 to carry out research identified pursuant to such section 

17 402(b)(7) (pertaining to the Common Fund) or research 

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

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

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

21 review procedures (including consultation with appropriate 

22 scientific experts) as the Director determines to be appro23 priate to obtain assessments of scientific and technical 

24 merit. Such procedures shall apply to such transactions 

25 in lieu of the peer review and advisory council review pro-
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1 cedures that would otherwise be required under sections 

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

3 and 494 of the PHS Act. 

4 SEC. 214. Funds which are available for Individual 

5 Learning Accounts for employees of CDC and the Agency 

6 for Toxic Substances and Disease Registry (ATSDR) may 

7 be transferred to appropriate accounts of CDC, to be 

8 available only for Individual Learning Accounts: Provided, 

9 That such funds may be used for any individual full-time 

10 equivalent employee while such employee is employed ei11 ther by CDC or ATSDR. 

12 SEC. 215. Notwithstanding any other provisions of 

13 law, discretionary funds made available in this Act may 

14 be used to continue operating the Council on Graduate 

15 Medical Education established by section 301 of Public 

16 Law 102–408. 

17 SEC. 216. Not to exceed $45,000,000 of funds appro18 priated by this Act to the institutes and centers of the 

19 National Institutes of Health may be used for alteration, 

20 repair, or improvement of facilities, as necessary for the 

21 proper and efficient conduct of the activities authorized 

22 herein, at not to exceed $3,500,000 per project. 

23 (TRANSFER OF FUNDS)

24 SEC. 217. Of the amounts made available for NIH, 

25 1 percent of the amount made available for National Re-
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1 search Service Awards (NRSA) shall be made available to 

2 the Administrator of the Health Resources and Services 

3 Administration to make NRSA awards for research in pri4 mary medical care to individuals affiliated with entities 

5 who have received grants or contracts under section 747 

6 of the PHS Act, and 1 percent of the amount made avail7 able for NRSA shall be made available to the Director of 

8 the Agency for Healthcare Research and Quality to make 

9 NRSA awards for health service research. 

10 SEC. 218. (a) The Secretary shall establish a publicly 

11 accessible Web site to provide information regarding the 

12 uses of funds made available under section 4002 of Public 

13 Law 111–148. 

14 (b) With respect to funds provided under section 

15 4002 of PPACA, the Secretary shall include on the Web 

16 site established under subsection (a) at a minimum the 

17 following information: 

18 (1) In the case of each transfer of funds under 

19 section 4002(c), a statement indicating the program 

20 or activity receiving funds, the operating division or 

21 office that will administer the funds, and the 

22 planned uses of the funds, to be posted not later 

23 than the day after the transfer is made. 

24 (2) Identification (along with a link to the full 

25 text) of each funding opportunity announcement, re-
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1 quest for proposals, or other announcement or solici2 tation of proposals for grants, cooperative agree3 ments, or contracts intended to be awarded using 

4 such funds, to be posted not later than the day after 

5 the announcement or solicitation is issued. 

6 (3) Identification of each grant, cooperative 

7 agreement, or contract with a value of $25,000 or 

8 more awarded using such funds, including the pur9 pose of the award and the identity of the recipient, 

10 to be posted not later than 5 days after the award 

11 is made. 

12 (4) A report detailing the uses of all funds 

13 transferred under section 4002(c) during the fiscal 

14 year, to be posted not later than 90 days after the 

15 end of the fiscal year. 

16 (c) With respect to awards made in fiscal years 2012 

17 and 2013, the Secretary shall also include on the Web site 

18 established under subsection (a), semi-annual reports from 

19 each entity awarded a grant, cooperative agreement, or 

20 contract from such funds with a value of $25,000 or more, 

21 summarizing the activities undertaken and identifying any 

22 sub-grants or sub-contracts awarded (including the pur23 pose of the award and the identity of the recipient), to 

24 be posted not later than 30 days after the end of each 

25 6-month period. 
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1 (d) In carrying out this section, the Secretary shall: 

2 (1) present the information required in sub3 section (b)(1) on a single webpage or on a single 

4 database; 

5 (2) ensure that all information required in this 

6 section is directly accessible from the single webpage 

7 or database; and 

8 (3) ensure that all information required in this 

9 section is able to be organized by program or State. 

10 (INCLUDING RESCISSION OF FUNDS)

11 SEC. 219. (a) A state shall be entitled to receive a 

12 grant under section 510 of the Social Security Act for fis13 cal year 2013 only if the Department of Health and 

14 Human Services receives an application under section 

15 505(a) of such Act for such fiscal year by no later than 

16 September 20, 2013. 

17 (b) RESCISSION.—The remaining unobligated bal18 ances of the amount appropriated for fiscal year 2013 by 

19 section 510(d) of such Act for which no application has 

20 been received by September 20, 2013, shall be rescinded 

21 as of September 27, 2013. 

22 SEC. 220. (a) Within 45 days of enactment of this 

23 Act, the Secretary shall transfer funds appropriated under 

24 section 4002 of the Patient Protection and Affordable 

25 Care Act of 2010 to the accounts specified, in the amounts 
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1 specified, and for the activities specified under the heading 

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

3 report of the Senate accompanying this Act. 

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

5 Protection and Affordable Care Act of 2010, the Secretary 

6 may not further transfer these amounts. 

7 (c) Funds transferred for activities authorized under 

8 section 2821 of the PHS Act shall be made available with9 out reference to section 2821(b) of such Act. 

10 SEC. 221. The Director of the CDC, or the Adminis11 trator of the Agency for Toxic Substances and Disease 

12 Registry, may detail staff without reimbursement for up 

13 to 180 days, to support the CDC response to a public 

14 health emergency or urgent public health event that in15 volves activation of the Emergency Operations Center at 

16 the CDC. 

17 SEC. 222. (a) The Secretary shall publish in the fiscal 

18 year 2014 budget justification and on Departmental Web 

19 sites information concerning the employment of full-time 

20 equivalent Federal employees or contractors for the pur21 poses of implementing, administering, enforcing, or other22 wise carrying out the provisions of the PPACA, and the 

23 amendments made by that Act, in the proposed fiscal year 

24 and the 3 prior fiscal years. 
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1 (b) With respect to employees or contractors sup2 ported by all funds appropriated for purposes of carrying 

3 out the PPACA (and the amendments made by that Act), 

4 the Secretary shall include, at a minimum, the following 

5 information: 

6 (1) For each such fiscal year, the section of 

7 such Act under which such funds were appropriated, 

8 a statement indicating the program, project, or ac9 tivity receiving such funds, the Federal operating di10 vision or office that administers such program, and 

11 the amount of funding received in discretionary or 

12 mandatory appropriations. 

13 (2) For each such fiscal year, the number of 

14 full-time equivalent employees or contracted employ15 ees assigned to each authorized and funded provision 

16 detailed in accordance with paragraph (1). 

17 (c) In carrying out this section, the Secretary may 

18 exclude from the report employees or contractors who: 

19 (1) Are supported through appropriations en20 acted in laws other than PPACA and work on pro21 grams that existed prior to the passage of PPACA; 

22 (2) spend less than 50 percent of their time on 

23 activities funded by or newly authorized in PPACA; 
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1 (3) or who work on contracts for which FTE 

2 reporting is not a requirement of their contract, 

3 such as fixed-price contracts. 

4 SEC. 223. Not later than 7 days after the date of 

5 the enactment of this Act, the Secretary of Health and 

6 Human Services shall respond in full to the following con7 gressional inquiries: 

8 (1) The letter dated February 28, 2012, from 

9 the Chairman and Ranking Member of the Sub10 committee on Contracting Oversight of the Com11 mittee on Homeland Security and Governmental Af12 fairs of the Senate, requesting certain information 

13 regarding Department of Health and Human Serv14 ices contracts for the acquisition of public relations, 

15 publicity, advertising, communications, or similar 

16 services. 

17 (2) The follow-up letter dated May 22, 2012, 

18 from the Ranking Member of the Subcommittee on 

19 Contracting Oversight of the Committee on Home20 land Security and Governmental Affairs of the Sen21 ate, requesting information regarding a reported 

22 $20,000,000 Department of Health and Human 

23 Services contract with a public relations firm. 

24 This title may be cited as the ‘‘Department of Health 

25 and Human Services Appropriations Act, 2013’’. 
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1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I of the Elementary and Sec5 ondary Education Act of 1965 (referred to in this Act as 

6 ‘‘ESEA’’) and section 418A of the Higher Education Act 

7 of 1965 (referred to in this Act as ‘‘HEA’’), 

8 $15,840,103,000, of which $4,908,013,000 shall become 

9 available on July 1, 2013, and shall remain available 

10 through September 30, 2014, and of which 

11 $10,841,177,000 shall become available on October 1, 

12 2013, and shall remain available through September 30, 

13 2014, for academic year 2013–2014: Provided, That 

14 $6,577,904,000 shall be for basic grants under section 

15 1124 of the ESEA: Provided further, That up to 

16 $3,984,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2012, to obtain annually updated 

19 local educational agency-level census poverty data from 

20 the Bureau of the Census: Provided further, That 

21 $1,362,301,000 shall be for concentration grants under 

22 section 1124A of the ESEA: Provided further, That 

23 $3,338,126,000 shall be for targeted grants under section 

24 1125 of the ESEA: Provided further, That 

25 $3,338,126,000 shall be for education finance incentive 
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1 grants under section 1125A of the ESEA: Provided fur2 ther, That funds available under sections 1124, 1124A, 

3 1125 and 1125A of the ESEA may be used to provide 

4 homeless children and youths with services not ordinarily 

5 provided to other students under those sections, including 

6 supporting the liaison designated pursuant to section 

7 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assist8 ance Act, and providing transportation pursuant to section 

9 722(g)(1)(J)(iii) of such Act: Provided further, That 

10 $1,594,000 shall be to carry out sections 1501 and 1503 

11 of the ESEA: Provided further, That $533,552,000 shall 

12 be available for school improvement grants under section 

13 1003(g) of the ESEA, which shall be allocated by the Sec14 retary through the formula described in section 

15 1003(g)(2) and shall be used consistent with the require16 ments of section 1003(g), except that State and local edu17 cational agencies may use such funds to serve any school 

18 eligible to receive assistance under part A of title I that 

19 has not made adequate yearly progress for at least 2 years 

20 or is in the State’s lowest quintile of performance based 

21 on proficiency rates and, in the case of secondary schools, 

22 priority shall be given to those schools with graduation 

23 rates below 60 percent: Provided further, That funds avail24 able for school improvement grants may be used by a local 

25 educational agency to implement a whole-school reform 
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1 strategy for a school using an evidence-based strategy that 

2 ensures whole-school reform is undertaken in partnership 

3 with a strategy developer offering a whole-school reform 

4 program that is based on at least a moderate level of evi5 dence that the program will have a statistically significant 

6 effect on student outcomes, including more than 1 well7 designed or well-implemented experimental or quasi-exper8 imental study: Provided further, That notwithstanding sec9 tion 1003(g)(5)(A), each State educational agency may es10 tablish a maximum subgrant size of not more than 

11 $2,000,000 for each participating school applicable to 

12 such funds: Provided further, That the Secretary may re13 serve up to 5 percent of the funds available for section 

14 1003(g) of the ESEA to carry out activities to build State 

15 and local educational agency capacity to implement effec16 tively the school improvement grants program: Provided 

17 further, That $159,698,000 shall be available under sec18 tion 1502 of the ESEA for a comprehensive literacy devel19 opment and education program to advance literacy skills, 

20 including pre-literacy skills, reading, and writing, for stu21 dents from birth through grade 12, including limited22 English-proficient students and students with disabilities, 

23 of which one-half of 1 percent shall be reserved for the 

24 Secretary of the Interior for such a program at schools 

25 funded by the Bureau of Indian Education, one-half of 
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1 1 percent shall be reserved for grants to the outlying areas 

2 for such a program, up to 5 percent may be reserved for 

3 national activities, and the remainder shall be used to 

4 award competitive grants to State educational agencies for 

5 such a program, of which a State educational agency may 

6 reserve up to 5 percent for State leadership activities, in7 cluding technical assistance and training, data collection, 

8 reporting, and administration, and shall subgrant not less 

9 than 95 percent to local educational agencies or, in the 

10 case of early literacy, to local educational agencies or other 

11 nonprofit providers of early childhood education that part12 ner with a public or private nonprofit organization or 

13 agency with a demonstrated record of effectiveness in im14 proving the early literacy development of children from 

15 birth through kindergarten entry and in providing profes16 sional development in early literacy, giving priority to such 

17 agencies or other entities serving greater numbers or per18 centages of disadvantaged children: Provided further, That 

19 the State educational agency shall ensure that at least 15 

20 percent of the subgranted funds are used to serve children 

21 from birth through age 5, 40 percent are used to serve 

22 students in kindergarten through grade 5, and 40 percent 

23 are used to serve students in middle and high school in24 cluding an equitable distribution of funds between middle 

25 and high schools: Provided further, That eligible entities 
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1 receiving subgrants from State educational agencies shall 

2 use such funds for services and activities that have the 

3 characteristics of effective literacy instruction through 

4 professional development, screening and assessment, tar5 geted interventions for students reading below grade level 

6 and other research-based methods of improving classroom 

7 instruction and practice. 

8 IMPACT AID

9 For carrying out programs of financial assistance to 

10 federally affected schools authorized by title VIII of the 

11 ESEA, $1,291,186,000, of which $1,153,540,000 shall be 

12 for basic support payments under section 8003(b), 

13 $48,413,000 shall be for payments for children with dis14 abilities under section 8003(d), $17,441,000 shall be for 

15 construction under section 8007(a), $66,947,000 shall be 

16 for Federal property payments under section 8002, and 

17 $4,845,000, to remain available until expended, shall be 

18 for facilities maintenance under section 8008: Provided, 

19 That for purposes of computing the amount of a payment 

20 for an eligible local educational agency under section 

21 8003(a) for school year 2012–2013, children enrolled in 

22 a school of such agency that would otherwise be eligible 

23 for payment under section 8003(a)(1)(B) of such Act, but 

24 due to the deployment of both parents or legal guardians, 

25 or a parent or legal guardian having sole custody of such 
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1 children, or due to the death of a military parent or legal 

2 guardian while on active duty (so long as such children 

3 reside on Federal property as described in section 

4 8003(a)(1)(B)), are no longer eligible under such section, 

5 shall be considered as eligible students under such section, 

6 provided such students remain in average daily attendance 

7 at a school in the same local educational agency they at8 tended prior to their change in eligibility status. 

9 SCHOOL IMPROVEMENT PROGRAMS

10 For carrying out school improvement activities au11 thorized by parts A and B of title II, part B of title IV, 

12 parts A and B of title VI, and parts B and C of title VII 

13 of the ESEA; the McKinney-Vento Homeless Assistance 

14 Act; section 203 of the Educational Technical Assistance 

15 Act of 2002; the Compact of Free Association Amend16 ments Act of 2003; and the Civil Rights Act of 1964, 

17 $4,544,596,000, of which $2,720,095,000 shall become 

18 available on July 1, 2013, and remain available through 

19 September 30, 2014, and of which $1,681,441,000 shall 

20 become available on October 1, 2013, and shall remain 

21 available through September 30, 2014, for academic year 

22 2013–2014: Provided, That funds made available to carry 

23 out part B of title VII of the ESEA may be used for con24 struction, renovation, and modernization of any elemen25 tary school, secondary school, or structure related to an 
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1 elementary school or secondary school, run by the Depart2 ment of Education of the State of Hawaii, that serves a 

3 predominantly Native Hawaiian student body: Provided 

4 further, That funds made available to carry out part C 

5 of title VII of the ESEA shall be awarded on a competitive 

6 basis, and also may be used for construction: Provided fur7 ther, That $51,113,000 shall be available to carry out sec8 tion 203 of the Educational Technical Assistance Act of 

9 2002: Provided further, That $17,619,000 shall be avail10 able to carry out the Supplemental Education Grants pro11 gram for the Federated States of Micronesia and the Re12 public of the Marshall Islands: Provided further, That up 

13 to 5 percent of the amount referred to in the previous pro14 viso may be reserved by the Federated States of Micro15 nesia and the Republic of the Marshall Islands to admin16 ister the Supplemental Education Grants programs and 

17 to obtain technical assistance, oversight and consultancy 

18 services in the administration of these grants and to reim19 burse the United States Departments of Labor, Health 

20 and Human Services, and Education for such services: 

21 Provided further, That State educational agencies may 

22 subgrant funds available under part B of title IV of the 

23 ESEA for expanded learning time programs that signifi24 cantly increase the number of hours in a regular school 

25 schedule and comprehensively redesign the school schedule 
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1 for all students in the school: Provided further, That such 

2 expanded learning time programs shall provide additional 

3 learning time in the core academic and other subjects, and 

4 include enrichment activities: Provided further, That pro5 grams awarded subgrants under such part shall include 

6 strong partnerships between schools and community part7 ners: Provided further, That up to 5.5 percent of the funds 

8 for subpart 1 of part A of title II of the ESEA shall be 

9 reserved by the Secretary for competitive awards for 

10 teacher or principal recruitment and training or profes11 sional enhancement activities to national not-for-profit or12 ganizations, of which up to 10 percent may be used for 

13 related research, development, evaluation, technical assist14 ance, and outreach activities: Provided further, That 

15 $149,716,000 shall be to carry out part B of title II of 

16 the ESEA. 

17 INDIAN EDUCATION

18 For expenses necessary to carry out, to the extent 

19 not otherwise provided, title VII, part A of the ESEA, 

20 $130,779,000. 

21 INNOVATION AND IMPROVEMENT

22 For carrying out activities authorized by part G of 

23 title I, subpart 5 of part A and parts C and D of title 

24 II, parts B, C, and D of title V of the ESEA, and sections 

25 14006 and 14007 of division A of the American Recovery 
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1 and Reinvestment Act of 2009, as amended, 

2 $1,545,966,000: Provided, That the Secretary may use up 

3 to $549,284,000, which shall remain available for obliga4 tion through December 31, 2013, for section 14006 of di5 vision A of Public Law 111–5, as amended, to make 

6 awards (including on the basis of previously submitted ap7 plications) to State educational agencies, local educational 

8 agencies, or consortia of either, in accordance with the ap9 plicable requirements of that section, as determined by the 

10 Secretary, and may use up to 5 percent of such funds for 

11 technical assistance and evaluation of the activities carried 

12 out under that section: Provided further, That the Sec13 retary shall administer State grants for improving early 

14 childhood care and education under such section jointly 

15 with the Secretary of HHS on such terms as such Secre16 taries set forth in an interagency agreement: Provided fur17 ther, That up to $149,417,000 shall be available for obli18 gation through December 31, 2013 for section 14007 of 

19 division A of Public Law 111–5, and up to 5 percent of 

20 such funds may be used for technical assistance and the 

21 evaluation of activities carried out under such section: Pro22 vided further, That of the amounts available for section 

23 14007 up to 30 percent shall remain available until ex24 pended for the Advanced Research Projects Agency-Edu25 cation (ARPA–ED), which shall be established within the 
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1 Department, with a director appointed by the Secretary, 

2 to identify and promote advances in fundamental and ap3 plied sciences and engineering that could be translated 

4 into new learning technologies, to develop, test, and evalu5 ate novel learning technologies and related processes, and 

6 to accelerate transformational technological advances: 

7 Provided further, That the Secretary may use such funds 

8 to award grants, contracts, cooperative agreements, and 

9 cash prizes, and to enter into other transactions (in ac10 cordance with such regulations as the Secretary may es11 tablish regarding such other transactions): Provided fur12 ther, That the Secretary may appoint up to 20 scientific, 

13 engineering, professional, and other mission-related per14 sonnel to positions in ARPA–ED, for up to four years, 

15 without regard to the provisions of 5 U.S.C., governing 

16 appointments in the competitive service: Provided further, 

17 That the personnel appointed under the preceding proviso 

18 shall be paid at the rates of compensation determined by 

19 the Secretary: Provided further, That $299,433,000 of the 

20 funds for subpart 1 of part D of title V of the ESEA 

21 shall be for competitive grants to local educational agen22 cies, including charter schools that are local educational 

23 agencies, or States, or partnerships of: (1) a local edu24 cational agency, a State, or both; and (2) at least one non25 profit organization to develop and implement performance- 
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1 based compensation systems for teachers, principals, and 

2 other personnel in high-need schools: Provided further, 

3 That such performance-based compensation systems must 

4 consider gains in student academic achievement as well 

5 as classroom evaluations conducted multiple times during 

6 each school year among other factors and provide edu7 cators with incentives to take on additional responsibilities 

8 and leadership roles: Provided further, That recipients of 

9 such grants shall demonstrate that such performance10 based compensation systems are developed with the input 

11 of teachers and school leaders in the schools and local edu12 cational agencies to be served by the grant: Provided fur13 ther, That recipients of such grants may use such funds 

14 to develop or improve systems and tools (which may be 

15 developed and used for the entire local educational agency 

16 or only for schools served under the grant) that would en17 hance the quality and success of the compensation system, 

18 such as high-quality teacher evaluations and tools to meas19 ure growth in student achievement: Provided further, That 

20 applications for such grants shall include a plan to sustain 

21 financially the activities conducted and systems developed 

22 under the grant once the grant period has expired: Pro23 vided further, That up to 5 percent of such funds for com24 petitive grants shall be available for technical assistance, 

25 training, peer review of applications, program outreach, 
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1 and evaluation activities: Provided further, That of the 

2 funds available for part B of title V of the ESEA, the 

3 Secretary may use up to $11,000,000 to carry out activi4 ties under section 5205(b) and shall use not less than 

5 $11,000,000 for subpart 2: Provided further, That of the 

6 funds available for subpart 1 of part B of title V of the 

7 ESEA, and notwithstanding section 5205(a), the Sec8 retary shall reserve not less than $30,000,000 to make 

9 multiple awards to non-profit charter management organi10 zations and other entities that are not for-profit entities 

11 for the replication and expansion of successful charter 

12 school models and shall reserve up to $11,000,000 to carry 

13 out the activities described in section 5205(a), including 

14 improving quality and oversight of charter schools and 

15 providing technical assistance and grants to authorized 

16 public chartering agencies in order to increase the number 

17 of high-performing charter schools: Provided further, That 

18 each application submitted pursuant to section 5203(a) 

19 shall describe a plan to monitor and hold accountable au20 thorized public chartering agencies through such activities 

21 as providing technical assistance or establishing a profes22 sional development program, which may include evalua23 tion, planning, training, and systems development for staff 

24 of authorized public chartering agencies to improve the ca25 pacity of such agencies in the State to authorize, monitor, 
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1 and hold accountable charter schools: Provided further, 

2 That each application submitted pursuant to section 

3 5203(a) shall contain assurances that State law, regula4 tions, or other policies require that: (1) each authorized 

5 charter school in the State operate under a legally binding 

6 charter or performance contract between itself and the 

7 school’s authorized public chartering agency that describes 

8 the obligations and responsibilities of the school and the 

9 public chartering agency; conduct annual, timely, and 

10 independent audits of the school’s financial statements 

11 that are filed with the school’s authorized public char12 tering agency; and demonstrate improved student aca13 demic achievement; and (2) authorized public chartering 

14 agencies use increases in student academic achievement 

15 for all groups of students described in section 

16 1111(b)(2)(C)(v) of the ESEA as the most important fac17 tor when determining to renew or revoke a school’s char18 ter. 

19 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

20 For carrying out activities authorized by part A of 

21 title IV and subparts 1, 2, and 10 of part D of title V 

22 of the ESEA, $259,589,000: Provided, That $48,600,000 

23 shall be available for subpart 2 of part A of title IV: Pro24 vided further, That $80,000,000 shall be available for 
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1 Promise Neighborhoods and shall be available through De2 cember 31, 2013. 

3 ENGLISH LANGUAGE ACQUISITION

4 For carrying out part A of title III of the ESEA, 

5 $732,144,000, which shall become available on July 1, 

6 2013, and shall remain available through September 30, 

7 2014, except that 6.5 percent of such amount shall be 

8 available on October 1, 2012, and shall remain available 

9 through September 30, 2014, to carry out activities under 

10 section 3111(c)(1)(C): Provided, That the Secretary shall 

11 use estimates of the American Community Survey child 

12 counts for the most recent 3-year period available to cal13 culate allocations under such part. 

14 SPECIAL EDUCATION

15 For carrying out the Individuals with Disabilities 

16 Education Act (IDEA) and the Special Olympics Sport 

17 and Empowerment Act of 2004, $12,770,709,000, of 

18 which $3,229,828,000 shall become available on July 1, 

19 2013, and shall remain available through September 30, 

20 2014, and of which $9,283,383,000 shall become available 

21 on October 1, 2013, and shall remain available through 

22 September 30, 2014, for academic year 2013–2014: Pro23 vided, That the amount for section 611(b)(2) of the IDEA 

24 shall be equal to the lesser of the amount available for 

25 that activity during fiscal year 2012, increased by the 
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1 amount of inflation as specified in section 619(d)(2)(B) 

2 of the IDEA, or the percent change in the funds appro3 priated under section 611(i) of the IDEA, but not less 

4 than the amount for that activity during fiscal year 2012: 

5 Provided further, That the Secretary shall, without regard 

6 to section 611(d) of the IDEA, distribute to all other 

7 States (as that term is defined in section 611(g)(2)), sub8 ject to the third proviso, any amount by which a State’s 

9 allocation under section 611(d), from funds appropriated 

10 under this heading, is reduced under section 

11 612(a)(18)(B), according to the following: 85 percent on 

12 the basis of the States’ relative populations of children 

13 aged 3 through 21 who are of the same age as children 

14 with disabilities for whom the State ensures the avail15 ability of a free appropriate public education under this 

16 part, and 15 percent to States on the basis of the States’ 

17 relative populations of those children who are living in pov18 erty: Provided further, That the Secretary may not dis19 tribute any funds under the previous proviso to any State 

20 whose reduction in allocation from funds appropriated 

21 under this heading made funds available for such a dis22 tribution: Provided further, That the States shall allocate 

23 such funds distributed under the second proviso to local 

24 educational agencies in accordance with section 611(f): 

25 Provided further, That the amount by which a State’s allo-
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1 cation under section 611(d) of the IDEA is reduced under 

2 section 612(a)(18)(B) and the amounts distributed to 

3 States under the previous provisos in fiscal year 2012 or 

4 any subsequent year shall not be considered in calculating 

5 the awards under section 611(d) for fiscal year 2013 or 

6 for any subsequent fiscal years: Provided further, That the 

7 funds reserved under 611(c) of the IDEA may be used 

8 to provide technical assistance to States to improve the 

9 capacity of the States to meet the data collection require10 ments of sections 616 and 618 and to administer and 

11 carry out other services and activities to improve data col12 lection, coordination, quality, and use under parts B and 

13 C of the IDEA: Provided further, That the level of effort 

14 a local educational agency must meet under section 

15 613(a)(2)(A)(iii) of the IDEA, in the year after it fails 

16 to maintain effort is the level of effort it should have met 

17 in the prior year: Provided further, That the Secretary 

18 may, notwithstanding section 643(e)(1) of the IDEA, re19 serve up to $2,710,000 of the amount provided under sec20 tion 644 for incentive grants to States to carry out section 

21 635(c): Provided further, That funds made available for 

22 the Special Olympics Sport and Empowerment Act of 

23 2004 may be used to support expenses associated with the 

24 Special Olympics National and World Games: Provided 

25 further, That $11,996,000, to remain available for obliga-
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1 tion through September 30, 2014, shall be for competitive 

2 grants to States, incentive payments, and related activities 

3 as may be necessary to improve the provision and coordi4 nation of services and supports for Supplemental Security 

5 Income (SSI) child recipients and their families or house6 holds in order to achieve improved outcomes, including 

7 both physical and emotional health, education and post8 school outcomes, such as completing postsecondary edu9 cation and job training and obtaining employment, that 

10 may result in long-term improvements in the SSI child re11 cipient’s economic self-sufficiency: Provided further, That 

12 States may award subgrants for a portion of the funds 

13 to other public and private, non-profit entities: Provided 

14 further, That not to exceed $5,000,000 of amounts pro15 vided in the ninth proviso may be used for performance16 based awards for Pay for Success projects: Provided fur17 ther, That, with respect to the previous proviso, any funds 

18 obligated for such projects shall remain available for dis19 bursement until expended, notwithstanding 31 U.S.C. 

20 1552(a): Provided further, That, with respect to the elev21 enth proviso, any deobligated funds from such projects 

22 shall immediately be available for section 611 of the 

23 IDEA. 
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1 REHABILITATION SERVICES AND DISABILITY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, the Rehabilitation Act of 1973, the Assistive Tech4 nology Act of 1998, and the Helen Keller National Center 

5 Act, $3,626,380,000: Provided, That the Secretary may 

6 use amounts provided in this Act that remain available 

7 subsequent to the reallotment of funds to States pursuant 

8 to section 110(b) of the Rehabilitation Act for activities 

9 aimed at improving the outcomes of children receiving 

10 Supplemental Security Income (SSI) and their families 

11 that may result in long-term improvement in the SSI child 

12 recipient’s economic status and self-sufficiency: Provided 

13 further, That States may award subgrants for a portion 

14 of the funds to other public and private, non-profit enti15 ties: Provided further, That any funds made available sub16 sequent to reallotment for activities aimed at improving 

17 the outcomes of children receiving SSI and their families 

18 shall remain available until September 30, 2014: Provided 

19 further, That not to exceed $20,000,000 of the amounts 

20 made available in the first proviso may be used for per21 formance-based awards for Pay for Success projects: Pro22 vided further, That, with respect to the previous proviso, 

23 any funds obligated for such projects shall remain avail24 able for disbursement until expended, notwithstanding 31 

25 U.S.C. 1552(a): Provided further, That, with respect to 
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1 the fifth proviso, any deobligated funds from such projects 

2 shall immediately be available for programs authorized 

3 under the Rehabilitation Act of 1973. 

4 SPECIAL INSTITUTIONS FOR PERSONS WITH

5 DISABILITIES

6 AMERICAN PRINTING HOUSE FOR THE BLIND

7 For carrying out the Act of March 3, 1879, 

8 $24,505,000. 

9 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

10 For the National Technical Institute for the Deaf 

11 under titles I and II of the Education of the Deaf Act 

12 of 1986, $65,422,000: Provided, That from the total 

13 amount available, the Institute may at its discretion use 

14 funds for the endowment program as authorized under 

15 section 207 of such Act. 

16 GALLAUDET UNIVERSITY

17 For the Kendall Demonstration Elementary School, 

18 the Model Secondary School for the Deaf, and the partial 

19 support of Gallaudet University under titles I and II of 

20 the Education of the Deaf Act of 1986, $125,000,000, of 

21 which $7,000,000 shall be for construction and shall re22 main available until expended: Provided, That from the 

23 total amount available, the University may at its discre24 tion use funds for the endowment program as authorized 

25 under section 207 of such Act. 
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1 CAREER, TECHNICAL, AND ADULT EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, the Carl D. Perkins Career and Technical Edu4 cation Act of 2006 and the Adult Education and Family 

5 Literacy Act (referred to in this Act as the ‘‘AEFLA’’), 

6 $1,737,154,000, of which $946,154,000 shall become 

7 available on July 1, 2013, and shall remain available 

8 through September 30, 2014, and of which $791,000,000 

9 shall become available on October 1, 2013, and shall re10 main available through September 30, 2014: Provided, 

11 That of the amount provided for Adult Education State 

12 Grants, $74,709,000 shall be made available for inte13 grated English literacy and civics education services to im14 migrants and other limited-English-proficient populations: 

15 Provided further, That of the amount reserved for inte16 grated English literacy and civics education, notwith17 standing section 211 of the AEFLA, 65 percent shall be 

18 allocated to States based on a State’s absolute need as 

19 determined by calculating each State’s share of a 10-year 

20 average of the United States Citizenship and Immigration 

21 Services data for immigrants admitted for legal permanent 

22 residence for the 10 most recent years, and 35 percent 

23 allocated to States that experienced growth as measured 

24 by the average of the 3 most recent years for which United 

25 States Citizenship and Immigration Services data for im-
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1 migrants admitted for legal permanent residence are avail2 able, except that no State shall be allocated an amount 

3 less than $60,000: Provided further, That of the amounts 

4 made available for AEFLA, $11,302,000 shall be for na5 tional leadership activities under section 243. 

6 STUDENT FINANCIAL ASSISTANCE

7 For carrying out subparts 1 and 3 of part A, and 

8 part C of title IV of the HEA, $24,535,281,000, which 

9 shall remain available through September 30, 2014. 

10 The maximum Pell Grant for which a student shall 

11 be eligible during award year 2013–2014 shall be $4,860. 

12 STUDENT AID ADMINISTRATION

13 For Federal administrative expenses to carry out part 

14 D of title I, and subparts 1, 3, and 9 of part A, and parts 

15 B, C, D, and E of title IV of the HEA, $1,126,363,000, 

16 to remain available until September 30, 2014. 

17 HIGHER EDUCATION

18 For carrying out, to the extent not otherwise pro19 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 

20 the Mutual Educational and Cultural Exchange Act of 

21 1961, and section 117 of the Carl D. Perkins Career and 

22 Technical Education Act of 2006, $1,911,348,000: Pro23 vided, That $607,000 shall be for data collection and eval24 uation activities for programs under the HEA, including 

25 such activities needed to comply with the Government Per-
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1 formance and Results Act of 1993: Provided further, That 

2 notwithstanding any other provision of law, funds made 

3 available in this Act to carry out title VI of the HEA and 

4 section 102(b)(6) of the Mutual Educational and Cultural 

5 Exchange Act of 1961 may be used to support visits and 

6 study in foreign countries by individuals who are partici7 pating in advanced foreign language training and inter8 national studies in areas that are vital to United States 

9 national security and who plan to apply their language 

10 skills and knowledge of these countries in the fields of gov11 ernment, the professions, or international development: 

12 Provided further, That of the funds referred to in the pre13 ceding proviso up to 1 percent may be used for program 

14 evaluation, national outreach, and information dissemina15 tion activities: Provided further, That, of the amount avail16 able under subpart 2 of part A of title VII of the HEA, 

17 the Secretary may use up to $4,451,000 to fund continu18 ation awards for projects originally supported under sub19 part 1 of part A of title VII of the HEA: Provided further, 

20 That the Secretary may use amounts provided in this Act 

21 for carrying out Titles III and V and funds provided under 

22 Part F of Title III and Part AA of Title VIII of the HEA 

23 that would otherwise lapse by September 30, 2013 for 

24 grants under Part B of Title VII of the HEA to improve 

25 college completion at minority-serving institutions. 
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1 HOWARD UNIVERSITY

2 For partial support of Howard University, 

3 $234,064,000, of which not less than $3,593,000 shall be 

4 for a matching endowment grant pursuant to the Howard 

5 University Endowment Act and shall remain available 

6 until expended. 

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses to carry out ac10 tivities related to existing facility loans pursuant to section 

11 121 of the HEA, $459,000. 

12 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

13 CAPITAL FINANCING PROGRAM ACCOUNT

14 For the cost of guaranteed loans, $20,150,000, as au15 thorized pursuant to part D of title III of the HEA, which 

16 shall remain available through September 30, 2014: Pro17 vided, That such costs, including the cost of modifying 

18 such loans, shall be as defined in section 502 of the Con19 gressional Budget Act of 1974: Provided further, That 

20 these funds are available to subsidize total loan principal, 

21 any part of which is to be guaranteed, not to exceed 

22 $320,350,000: Provided further, That these funds may be 

23 used to support loans to public and private Historically 

24 Black Colleges and Universities without regard to the limi25 tations within section 344(a) of the HEA. 
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1 In addition, for administrative expenses to carry out 

2 the Historically Black College and University Capital Fi3 nancing Program entered into pursuant to part D of title 

4 III of the HEA, $352,000. 

5 INSTITUTE OF EDUCATION SCIENCES

6 For carrying out activities authorized by the Edu7 cation Sciences Reform Act of 2002, the National Assess8 ment of Educational Progress Authorization Act, section 

9 208 of the Educational Technical Assistance Act of 2002, 

10 and section 664 of the Individuals with Disabilities Edu11 cation Act, $618,661,000, which shall remain available 

12 through September 30, 2014: Provided, That funds avail13 able to carry out section 208 of the Educational Technical 

14 Assistance Act may be used to link Statewide elementary 

15 and secondary data systems with early childhood, postsec16 ondary, and workforce data systems, or to further develop 

17 such systems: Provided further, That up to $20,000,000 

18 of the funds available to carry out section 208 of the Edu19 cational Technical Assistance Act may be used for awards 

20 to public or private organizations or agencies to support 

21 activities to improve data coordination, quality, and use 

22 at the local, State, and national levels. 
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1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 

7 $448,470,000, of which $2,211,000, to remain available 

8 until expended, shall be for relocation of, and renovation 

9 of buildings occupied by, Department staff. 

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil 

12 Rights, as authorized by section 203 of the Department 

13 of Education Organization Act, $102,624,000. 

14 OFFICE OF THE INSPECTOR GENERAL

15 For expenses necessary for the Office of the Inspector 

16 General, as authorized by section 212 of the Department 

17 of Education Organization Act, $59,820,000. 

18 GENERAL PROVISIONS

19 SEC. 301. No funds appropriated in this Act may be 

20 used for the transportation of students or teachers (or for 

21 the purchase of equipment for such transportation) in 

22 order to overcome racial imbalance in any school or school 

23 system, or for the transportation of students or teachers 

24 (or for the purchase of equipment for such transportation) 
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1 in order to carry out a plan of racial desegregation of any 

2 school or school system. 

3 SEC. 302. None of the funds contained in this Act 

4 shall be used to require, directly or indirectly, the trans5 portation of any student to a school other than the school 

6 which is nearest the student’s home, except for a student 

7 requiring special education, to the school offering such 

8 special education, in order to comply with title VI of the 

9 Civil Rights Act of 1964. For the purpose of this section 

10 an indirect requirement of transportation of students in11 cludes the transportation of students to carry out a plan 

12 involving the reorganization of the grade structure of 

13 schools, the pairing of schools, or the clustering of schools, 

14 or any combination of grade restructuring, pairing, or 

15 clustering. The prohibition described in this section does 

16 not include the establishment of magnet schools. 

17 SEC. 303. No funds appropriated in this Act may be 

18 used to prevent the implementation of programs of vol19 untary prayer and meditation in the public schools. 

20 (TRANSFER OF FUNDS)

21 SEC. 304. Not to exceed 1 percent of any discre22 tionary funds (pursuant to the Balanced Budget and 

23 Emergency Deficit Control Act of 1985) which are appro24 priated for the Department of Education in this Act may 

25 be transferred between appropriations, but no such appro-
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1 priation shall be increased by more than 3 percent by any 

2 such transfer: Provided, That the transfer authority 

3 granted by this section shall not be used to create any 

4 new program or to fund any project or activity for which 

5 no funds are provided in this Act: Provided further, That 

6 the Committees on Appropriations of the House of Rep7 resentatives and the Senate are notified at least 15 days 

8 in advance of any transfer. 

9 SEC. 305. The Outlying Areas may consolidate funds 

10 received under this Act, pursuant to 48 U.S.C. 1469a, 

11 under part A of title V of the ESEA. 

12 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

13 of Free Association Amendments Act of 2003 (48 U.S.C. 

14 1921d(f)(1)(B)(ix)) shall be applied by substituting 

15 ‘‘2013’’ for ‘‘2009’’. 

16 SEC. 307. (a) Section 206 of the Department of Edu17 cation Organization Act (20 U.S.C. 3416) is amended— 

18 (1) by striking out the heading and inserting 

19 ‘‘Office of Career, Technical, and Adult Education’’; 

20 (2) by striking out ‘‘Office of Vocational and 

21 Adult Education’’ and inserting ‘‘Office of Career, 

22 Technical, and Adult Education’’; 

23 (3) by striking out ‘‘Assistant Secretary for Vo24 cational and Adult Education’’ and inserting ‘‘As-
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1 sistant Secretary for Career, Technical, and Adult 

2 Education’’; and 

3 (4) by striking out ‘‘vocational and adult edu4 cation’’ each place it appears and inserting ‘‘career, 

5 technical, and adult education’’. 

6 (b) Section 202 of the Department of Education Or7 ganization Act (20 U.S.C. 3412) is amended— 

8 (1) in subsection (b)(1)(C), by striking out ‘‘As9 sistant Secretary for Vocational and Adult Edu10 cation’’ and inserting ‘‘Assistant Secretary for Ca11 reer, Technical, and Adult Education’’; and 

12 (2) in subsection (h), by striking out ‘‘Assistant 

13 Secretary for Vocational and Adult Education’’ each 

14 place it appears and inserting ‘‘Assistant Secretary 

15 for Career, Technical, and Adult Education’’. 

16 (c) Section 1 of the Department of Education Organi17 zation Act (20 U.S.C. 3401 note) is amended by striking 

18 out the entry for section 206 and inserting ‘‘Sec. 206. Of19 fice of Career, Technical, and Adult Education.’’. 

20 (d) Section 114(b)(1) of the Carl D. Perkins Career 

21 and Technical Education Act of 2006 (20 U.S.C. 

22 2324(b)(1)) is amended by striking out ‘‘Office of Voca23 tional and Adult Education’’ and inserting ‘‘Office of Ca24 reer, Technical, and Adult Education’’. 
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1 SEC. 308. (a) The Secretary may reserve funds under 

2 section 9601 of the ESEA in order to carry out activities 

3 authorized under that section with respect to any ESEA 

4 program funded in this Act and without respect to the 

5 source of funds for those activities. 

6 (b) Not later than 10 days prior to the initial obliga7 tion of funds reserved under this section, the Secretary 

8 shall submit an evaluation plan to the Senate Committees 

9 on Appropriations and Health, Education, Labor and Pen10 sions which identifies the source and amount of funds re11 served under this section and the programs to be evaluated 

12 with such funds. 

13 SEC. 309. (a) Section 119 of the Higher Education 

14 Opportunity Act is amended— 

15 (1) in the section heading, by inserting ‘‘and 

16 restrictions on sources of funds for re17 cruiting and marketing activities’’ after 

18 ‘‘and restrictions on sources of funds for 

19 recruiting and marketing activities’’; 

20 (2) in subsection (d), by striking ‘‘subsections 

21 (a) through (c)’’ and inserting ‘‘subsections (a), (b), 

22 (c), and (e)’’; 

23 (3) by redesignating subsection (e) as sub24 section (f); and 
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1 (4) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) RESTRICTIONS ON SOURCES OF FUNDS FOR RE4 CRUITING AND MARKETING ACTIVITIES.— 

5 ‘‘(1) IN GENERAL.—An institution of higher 

6 education, or other postsecondary educational insti7 tution, may not use revenues derived from Federal 

8 educational assistance funds for recruiting or mar9 keting activities described in paragraph (2). 

10 ‘‘(2) COVERED ACTIVITIES.—Except as pro11 vided in paragraph (3), the recruiting and marketing 

12 activities subject to paragraph (1) shall include the 

13 following: 

14 ‘‘(A) Advertising and promotion activities, 

15 including paid announcements in newspapers, 

16 magazines, radio, television, billboards, elec17 tronic media, naming rights, or any other public 

18 medium of communication, including paying for 

19 displays or promotions at job fairs, military in20 stallations, or college recruiting events. 

21 ‘‘(B) Efforts to identify and attract pro22 spective students, either directly or through a 

23 contractor or other third party, including con24 tact concerning a prospective student’s potential 

25 enrollment or application for grant, loan, or 
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1 work assistance under title IV of the Higher 

2 Education Act of 1965 (20 U.S.C. 1070 et 

3 seq.) or participation in preadmission or advis4 ing activities, including— 

5 ‘‘(i) paying employees responsible for 

6 overseeing enrollment and for contacting 

7 potential students in-person, by phone, by 

8 email, or by other internet communications 

9 regarding enrollment; and 

10 ‘‘(ii) soliciting an individual to provide 

11 contact information to an institution of 

12 higher education, including websites estab13 lished for such purpose and funds paid to 

14 third parties for such purpose. 

15 ‘‘(C) Such other activities as the Secretary 

16 of Education may prescribe, including paying 

17 for promotion or sponsorship of education or 

18 military-related associations. 

19 ‘‘(3) EXCEPTIONS.—Any activity that is re20 quired as a condition of receipt of funds by an insti21 tution under title IV of the Higher Education Act of 

22 1965 (20 U.S.C. 1070 et seq.), is specifically author23 ized under such title, or is otherwise specified by the 

24 Secretary of Education, shall not be considered to be 

25 a covered activity under paragraph (2). 
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1 ‘‘(4) FEDERAL EDUCATIONAL ASSISTANCE

2 FUNDS.—In this subsection, the term ‘Federal edu3 cational assistance funds’ means any Federal finan4 cial assistance provided under any Federal law, 

5 through a grant, contract, subsidy, loan, guarantee, 

6 insurance or other means, including Federal finan7 cial assistance that is disbursed or delivered to an 

8 institution on behalf of a student or to a student to 

9 be used to attend the institution. 

10 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

11 this section shall be construed as a limitation on the 

12 use by an institution of revenues derived from 

13 sources other than Federal educational assistance 

14 funds. 

15 ‘‘(6) REPORTING.—Each institution of higher 

16 education, or other postsecondary educational insti17 tution, that receives revenues derived from Federal 

18 educational assistance funds shall report annually to 

19 the Secretary of Education and to Congress the in20 stitution’s expenditures on advertising, marketing, 

21 and recruiting.’’. 

22 SEC. 310. (a) COST OF ATTENDANCE.—Section 472 

23 of the HEA (20 U.S.C. 1087ll) is amended— 

24 (1) in paragraph (3), in the matter preceding 

25 subparagraph (A), by inserting ‘‘except as provided 
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1 in paragraph (10)(A)(i),’’ immediately before ‘‘an al2 lowance’’; and 

3 (2) by amending paragraph (10) to read as fol4 lows: 

5 ‘‘(10)(A) with respect to the determination of a 

6 student’s need for a Federal Pell Grant, in the case 

7 of a student who is receiving— 

8 ‘‘(i) all instruction (excluding limited peri9 ods in which the student is required to be phys10 ically present at the institution for noninstruc11 tional purposes, such as orientation or the ad12 ministration of examinations) by means of tele13 communications technology, only tuition and 

14 fees, books and supplies; or 

15 ‘‘(ii) part of the student’s instruction by 

16 means of telecommunications technology, no 

17 distinction shall be made with respect to the 

18 mode of instruction in determining costs; and 

19 ‘‘(B) with respect to the determination of a stu20 dent’s need for assistance under this title other than 

21 a Federal Pell Grant, in the case of a student who 

22 is receiving all or part of the student’s instruction 

23 by means of telecommunications technology, no dis24 tinction shall be made with respect to the mode of 

25 instruction in determining costs;’’. 
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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall be effective on July 1, 2013. 

3 (b) Section 428F(a)(1) of the HEA (20 U.S.C. 1078– 

4 6(a)(1)) is amended— 

5 (1) in subparagraph (A), by amending clause 

6 (ii) to read as follows: 

7 ‘‘(ii) on or after October 1, 2012, as8 sign the loan to the Secretary if the guar9 anty agency has been unable to sell the 

10 loan under clause (i).’’; and 

11 (2) in subparagraph (D), by amending clause 

12 (i) to read as follows: 

13 ‘‘(i) the guaranty agency— 

14 ‘‘(I) shall, in the case of a sale 

15 made on or after October 1, 2012, 

16 repay the Secretary 100 percent of 

17 the amount of the principal balance 

18 outstanding at the time of such sale, 

19 multiplied by the reinsurance percent20 age in effect when payment under the 

21 guaranty agreement was made with 

22 respect to the loan; and 

23 ‘‘(II) may, in the case of a sale 

24 made on or after October 1, 2012, in 

25 order to defray collection costs— 
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1 ‘‘(aa) charge to the borrower 

2 an amount not to exceed 16 per3 cent of the outstanding principal 

4 and interest at the time of the 

5 loan sale; and 

6 ‘‘(bb) retain such amount 

7 from the proceeds of the loan 

8 sale; and’’. 

9 (c) Section 455 of the HEA (20 U.S.C. 1087e) is 

10 amended by adding at the end the following— 

11 ‘‘(q) ELIGIBILITY FOR, AND INTEREST CHARGES ON, 

12 FEDERAL DIRECT STAFFORD LOANS FOR NEW BOR13 ROWERS ON OR AFTER JULY 1, 2013.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

15 (a) or any other provision of this title, any borrower 

16 who was a new borrower on or after July 1, 2013, 

17 shall not be eligible for a Federal Direct Stafford 

18 Loan if the period of time for which the borrower 

19 has received Federal Direct Stafford loans, in the 

20 aggregate, exceeds the period of enrollment de21 scribed in paragraph (3). Such borrower may still 

22 receive any Federal Direct Unsubsidized Stafford 

23 Loan for which such borrower is otherwise eligible. 

24 ‘‘(2) PAYMENT OF INTEREST ON FEDERAL DI25 RECT STAFFORD LOANS.—Notwithstanding sub-
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1 section (f)(1)(A) or any other provision of this title 

2 and beginning on the date upon which a borrower 

3 who is in school becomes ineligible for a Federal Di4 rect Stafford Loan as a result of paragraph (1), in5 terest on all Federal Direct Stafford Loans that 

6 were disbursed to such borrower on or after July 1, 

7 2013, shall accrue. Such interest shall be paid or 

8 capitalized in the same manner as interest on a Fed9 eral Direct Unsubsidized Stafford Loan is paid or 

10 capitalized under section 428H(e)(2). 

11 ‘‘(3) PERIOD OF ENROLLMENT.— 

12 ‘‘(A) IN GENERAL.—The aggregate period 

13 of enrollment referred to in paragraph (1) shall 

14 not exceed the lesser of— 

15 ‘‘(i) a period equal to 150 percent of 

16 the published length of the educational 

17 program in which the student is enrolled; 

18 or 

19 ‘‘(ii) in the case of a borrower who 

20 was previously enrolled in one or more 

21 other educational programs that began 

22 after July 1, 2013, a period of time equal 

23 to the difference between— 

24 ‘‘(I) 150 percent of the published 

25 length of the longest educational pro-
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1 gram in which the borrower was, or 

2 is, enrolled; and 

3 ‘‘(II) any periods of enrollment in 

4 which the borrower received a Federal 

5 Direct Stafford Loan. 

6 ‘‘(B) LESS THAN FULL-TIME BASIS.—The 

7 Secretary shall specify in regulation how the ag8 gregate period described in subparagraph (A) 

9 shall be calculated with respect to a borrower 

10 who was or is enrolled on a less than full-time 

11 basis.’’. 

12 (1) INAPPLICABILITY OF TITLE IV NEGOTIATED

13 RULEMAKING REQUIREMENT AND MASTER CAL14 ENDAR EXCEPTION.—Sections 482(c) and 492 of the 

15 HEA (20 U.S.C. 1089(c), 1098a) shall not apply to 

16 the amendment made by this subsection, or to any 

17 regulations promulgated under such amendment. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by this subsection shall be effective beginning July 

20 1, 2013. 

21 (d) REAPPROPRIATION OF MANDATORY SAVINGS.— 

22 Section 401(b)(7)(A)(iv) of the HEA (20 U.S.C. 

23 1070a(b)(7)(A)(iv)) is amended to read as follows: 

24 ‘‘(iv) to carry out this section— 
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1 ‘‘(I) $13,500,000,000 for fiscal 

2 year 2011; 

3 ‘‘(II) $13,795,000,000 for fiscal 

4 year 2012; 

5 ‘‘(III) $10,683,000,000 for fiscal 

6 year 2013; 

7 ‘‘(IV) $1,009,000,000 for fiscal 

8 year 2014; 

9 ‘‘(V) $0 for fiscal year 2015; 

10 ‘‘(VI) $0 for fiscal year 2016; 

11 ‘‘(VII) $1,574,000,000 for fiscal 

12 year 2017; 

13 ‘‘(VIII) $1,595,000,000 for fiscal 

14 year 2018; 

15 ‘‘(IX) $1,622,000,000 for fiscal 

16 year 2019; 

17 ‘‘(X) $1,643,000,000 for fiscal 

18 year 2020; 

19 ‘‘(XI) $1,358,000,000 for fiscal 

20 year 2021 and each succeeding fiscal 

21 year.’’. 

22 (e) STUDENT ELIGIBILITY.— 

23 (1) Subsection (d) of section 484 of the HEA 

24 (20 U.S.C. 1091) is amended to read as follows: 
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1 ‘‘(d) STUDENTS WHO ARE NOT HIGH SCHOOL

2 GRADUATES.— 

3 ‘‘(1) STUDENT ELIGIBILITY.—In order for a 

4 student who does not have a certificate of gradua5 tion from a school providing secondary education, or 

6 the recognized equivalent of such certificate, to be 

7 eligible for any assistance under subparts 1, 3, and 

8 4 of part A and parts B, C, D, and E of this title, 

9 the student shall meet the requirements of one of 

10 the following subparagraphs: 

11 ‘‘(A) The student is enrolled in an eligible 

12 career pathway program and meets one of the 

13 following standards: 

14 ‘‘(i) The student shall take an inde15 pendently administered examination and 

16 shall achieve a score, specified by the Sec17 retary, demonstrating that such student 

18 can benefit from the education or training 

19 being offered. Such examination shall be 

20 approved by the Secretary on the basis of 

21 compliance with such standards for devel22 opment, administration, and scoring as the 

23 Secretary may prescribe in regulations. 

24 ‘‘(ii) The student shall be determined 

25 as having the ability to benefit from the 
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1 education or training in accordance with 

2 such process as the State shall prescribe. 

3 Any such process described or approved by 

4 a State for the purposes of this section 

5 shall be effective 6 months after the date 

6 of submission to the Secretary unless the 

7 Secretary disapproves such process. In de8 termining whether to approve or dis9 approve such process, the Secretary shall 

10 take into account the effectiveness of such 

11 process in enabling students without high 

12 school diplomas or the equivalent thereof 

13 to benefit from the instruction offered by 

14 institutions utilizing such process, and 

15 shall also take into account the cultural di16 versity, economic circumstances, and edu17 cational preparation of the populations 

18 served by the institutions. 

19 ‘‘(iii) The student shall be determined 

20 by the institution of higher education as 

21 having the ability to benefit from the edu22 cation or training offered by the institution 

23 of higher education upon satisfactory com24 pletion of 6 credit hours or the equivalent 

25 coursework that are applicable toward a 
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1 degree or certificate offered by the institu2 tion of higher education. 

3 ‘‘(B) The student has completed a sec4 ondary school education in a home school set5 ting that is treated as a home school or private 

6 school under State law. 

7 ‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.— 

8 In this subsection, the term ‘eligible career pathway 

9 program’ means a program that— 

10 ‘‘(A) concurrently enrolls participants in 

11 connected adult education and eligible postsec12 ondary programs; 

13 ‘‘(B) provides counseling and supportive 

14 services to identify and attain academic and ca15 reer goals; 

16 ‘‘(C) provides structured course sequences 

17 that— 

18 ‘‘(i) are articulated and 

19 contextualized; and 

20 ‘‘(ii) allow students to advance to 

21 higher levels of education and employment; 

22 ‘‘(D) provides opportunities for accelera23 tion to attain recognized postsecondary creden24 tials, including degrees, industry relevant cer-
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1 tifications, and certificates of completion of ap2 prenticeship programs; 

3 ‘‘(E) is organized to meet the needs of 

4 adults; 

5 ‘‘(F) is aligned with the education and skill 

6 needs of the regional economy; and 

7 ‘‘(G) has been developed and implemented 

8 in collaboration with partners in business, work9 force development, and economic development.’’. 

10 (2) EFFECTIVE DATE AND TRANSITION.—The 

11 amendment made by paragraph (1) shall take effect 

12 as if such amendment was enacted on June 30, 

13 2012, and shall apply to students who first enroll in 

14 a program of study during the period beginning July 

15 1, 2012, and ending June 30, 2019. 

16 (3) REPEAL.—Effective June 30, 2012, section 

17 309(c) of division F of the Consolidated Appropria18 tions Act, 2012 (20 U.S.C. 1091 note), and the 

19 amendments made by such section 309(c), are re20 pealed. 

21 (f) SPECIAL RULES FOR CERTAIN NOT-FOR-PROFIT

22 SERVICERS.—Section 456(a) of the HEA (20 U.S.C. 

23 1087f(a)) is amended by adding at the end the following: 

24 ‘‘(5) SPECIAL RULE FOR NOT-FOR-PROFIT

25 SERVICERS WITH AFFILIATES.—Notwithstanding 
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1 any other provision of this section, only an eligible 

2 not-for-profit servicer described in clause (i) or (ii) 

3 of subsection (c)(1)(B) shall receive a contract with 

4 the Secretary under paragraph (4)(A), and an allo5 cation under paragraph (4)(B), except that, if an eli6 gible not-for-profit servicer so described is also a 

7 corporation described in subparagraphs (A) and (B) 

8 of section 150(d)(2) of the Internal Revenue Code of 

9 1986, then the affiliated entity of that servicer (de10 scribed in subsection (c)(1)(B)(ii)) shall receive the 

11 contract with the Secretary under paragraph (4)(A), 

12 and an allocation under paragraph (4)(B), rather 

13 than the eligible not-for-profit servicer described in 

14 clause (i) or (ii) of subsection (c)(1)(B). 

15 ‘‘(6) SPECIAL RULE FOR NOT-FOR-PROFIT

16 SERVICERS WITH SHARED MANAGEMENT OR COM17 MON CONTROL.—Notwithstanding any other provi18 sion of this section, in the case of entities that other19 wise meet the definition of an eligible not-for-profit 

20 servicer under this section but 2 or more of the 

21 same individuals serve as part of the management, 

22 board of directors, or other governing body of more 

23 than one such entity, or the Secretary determines 

24 that one entity controls, is controlled by, or is under 

25 common control with, another such entity, all such 
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1 entities with that shared management or control 

2 shall receive one aggregate allocation under para3 graph (4)(B) and be treated for purposes of para4 graph (4) as though all of such entities were a single 

5 eligible not-for-profit servicer.’’. 

6 This title may be cited as the ‘‘Department of Edu7 cation Appropriations Act, 2013’’. 

8 TITLE IV 

9 RELATED AGENCIES 

10 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

11 BLIND OR SEVERELY DISABLED

12 SALARIES AND EXPENSES

13 For expenses necessary for the Committee for Pur14 chase From People Who Are Blind or Severely Disabled 

15 established by Public Law 92–28, $5,375,000. 

16 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

17 OPERATING EXPENSES

18 For necessary expenses for the Corporation for Na19 tional and Community Service (referred to in this title as 

20 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

21 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

22 National and Community Service Act of 1990 (referred 

23 to in this title as ‘‘1990 Act’’), $760,498,000, notwith24 standing sections 198B(b)(3), 198S(g), 501(a)(6), 

25 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Pro-
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1 vided, That of the amounts provided under this heading: 

2 (1) up to 1 percent of program grant funds may be used 

3 to defray the costs of conducting grant application re4 views, including the use of outside peer reviewers and elec5 tronic management of the grants cycle; (2) $45,000,000 

6 shall be available for expenses authorized under section 

7 501(a)(4)(E) of the 1990 Act; (3) $19,990,000 shall be 

8 available to provide assistance to State commissions on na9 tional and community service, under section 126(a) of the 

10 1990 Act and notwithstanding section 501(a)(5)(B) of the 

11 1990 Act; (4) $30,742,000 shall be available to carry out 

12 subtitle E of the 1990 Act; and (5) $5,000,000 shall be 

13 available for expenses authorized under section 

14 501(a)(4)(F) of the 1990 Act, which, notwithstanding the 

15 provisions of section 198P shall be awarded by CNCS on 

16 a competitive basis: Provided, further, That not to exceed 

17 20 percent of funds made available under section 

18 501(a)(4)(E) of the 1990 Act may be used for Social Inno19 vation Funds Pilot Program-related performance-based 

20 awards for Pay for Success projects: Provided further, 

21 That, with respect to the previous proviso, any funds obli22 gated for such projects shall remain available for disburse23 ment until expended, notwithstanding 31 U.S.C. 1552(a), 

24 and that any funds deobligated from such projects shall 
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1 immediately be available for activities authorized under 

2 198K of such Act. 

3 PAYMENT TO THE NATIONAL SERVICE TRUST

4 (INCLUDING TRANSFER OF FUNDS)

5 For payment to the National Service Trust estab6 lished under subtitle D of title I of the 1990 Act, 

7 $208,744,000, to remain available until expended: Pro8 vided, That CNCS may transfer additional funds from the 

9 amount provided within ‘‘Operating Expenses’’ allocated 

10 to grants under subtitle C of title I of the 1990 Act to 

11 the National Service Trust upon determination that such 

12 transfer is necessary to support the activities of national 

13 service participants and after notice is transmitted to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate: Provided further, That amounts ap16 propriated for or transferred to the National Service Trust 

17 may be invested under section 145(b) of the 1990 Act 

18 without regard to the requirement to apportion funds 

19 under 31 U.S.C. 1513(b). 

20 SALARIES AND EXPENSES

21 For necessary expenses of administration as provided 

22 under section 501(a)(5) of the 1990 Act and under section 

23 504(a) of the 1973 Act, including payment of salaries, au24 thorized travel, hire of passenger motor vehicles, the rental 

25 of conference rooms in the District of Columbia, the em-
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1 ployment of experts and consultants authorized under 5 

2 U.S.C. 3109, and not to exceed $2,500 for official recep3 tion and representation expenses, $88,000,000. 

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the Inspector General Act of 1978, 

7 $5,400,000. 

8 ADMINISTRATIVE PROVISIONS

9 SEC. 401. CNCS shall make any significant changes 

10 to program requirements, service delivery or policy only 

11 through public notice and comment rulemaking. For fiscal 

12 year 2013, during any grant selection process, an officer 

13 or employee of CNCS shall not knowingly disclose any cov14 ered grant selection information regarding such selection, 

15 directly or indirectly, to any person other than an officer 

16 or employee of CNCS that is authorized by CNCS to re17 ceive such information. 

18 SEC. 402. AmeriCorps programs receiving grants 

19 under the National Service Trust program shall meet an 

20 overall minimum share requirement of 24 percent for the 

21 first 3 years that they receive AmeriCorps funding, and 

22 thereafter shall meet the overall minimum share require23 ment as provided in section 2521.60 of title 45, Code of 

24 Federal Regulations, without regard to the operating costs 

25 match requirement in section 121(e) or the member sup-
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1 port Federal share limitations in section 140 of the 1990 

2 Act, and subject to partial waiver consistent with section 

3 2521.70 of title 45, Code of Federal Regulations. 

4 SEC. 403. Donations made to CNCS under section 

5 196 of the 1990 Act for the purposes of financing pro6 grams and operations under titles I and II of the 1973 

7 Act or subtitle B, C, D, or E of title I of the 1990 Act 

8 shall be used to supplement and not supplant current pro9 grams and operations. 

10 SEC. 404. In addition to the requirements in section 

11 146(a) of the 1990 Act, use of an educational award for 

12 the purpose described in section 148(a)(4) shall be limited 

13 to individuals who are veterans as defined under section 

14 101 of the Act. 

15 CORPORATION FOR PUBLIC BROADCASTING

16 For payment to the Corporation for Public Broad17 casting (referred to in this Act as ‘‘CPB’’), as authorized 

18 by the Communications Act of 1934, an amount which 

19 shall be available within limitations specified by that Act, 

20 for the fiscal year 2015, $445,000,000: Provided, That 

21 none of the funds made available to CPB by this Act shall 

22 be used to pay for receptions, parties, or similar forms 

23 of entertainment for Government officials or employees: 

24 Provided further, That none of the funds made available 

25 to CPB by this Act shall be available or used to aid or 
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1 support any program or activity from which any person 

2 is excluded, or is denied benefits, or is discriminated 

3 against, on the basis of race, color, national origin, reli4 gion, or sex: Provided further, That none of the funds 

5 made available to CPB by this Act shall be used to apply 

6 any political test or qualification in selecting, appointing, 

7 promoting, or taking any other personnel action with re8 spect to officers, agents, and employees of CPB: Provided 

9 further, That none of the funds made available to CPB 

10 by this Act shall be used to support the Television Future 

11 Fund or any similar purpose. 

12 FEDERAL MEDIATION AND CONCILIATION SERVICE

13 SALARIES AND EXPENSES

14 For expenses necessary for the Federal Mediation 

15 and Conciliation Service (‘‘Service’’) to carry out the func16 tions vested in it by the Labor-Management Relations Act, 

17 1947, including hire of passenger motor vehicles; for ex18 penses necessary for the Labor-Management Cooperation 

19 Act of 1978; and for expenses necessary for the Service 

20 to carry out the functions vested in it by the Civil Service 

21 Reform Act, $46,163,000: Provided, That notwithstanding 

22 31 U.S.C. 3302, fees charged, up to full-cost recovery, for 

23 special training activities and other conflict resolution 

24 services and technical assistance, including those provided 

25 to foreign governments and international organizations, 
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1 and for arbitration services shall be credited to and 

2 merged with this account, and shall remain available until 

3 expended: Provided further, That fees for arbitration serv4 ices shall be available only for education, training, and 

5 professional development of the agency workforce: Pro6 vided further, That the Director of the Service is author7 ized to accept and use on behalf of the United States gifts 

8 of services and real, personal, or other property in the aid 

9 of any projects or functions within the Director’s jurisdic10 tion. 

11 FEDERAL MINE SAFETY AND HEALTH REVIEW

12 COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary for the Federal Mine Safety 

15 and Health Review Commission, $17,000,000. 

16 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

17 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

18 AND ADMINISTRATION

19 For carrying out the Museum and Library Services 

20 Act of 1996 and the National Museum of African Amer21 ican History and Culture Act, $231,954,000. 
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1 MEDICAID AND CHIP PAYMENT AND ACCESS

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary to carry out section 1900 of 

5 the Social Security Act, $9,500,000. 

6 MEDICARE PAYMENT ADVISORY COMMISSION

7 SALARIES AND EXPENSES

8 For expenses necessary to carry out section 1805 of 

9 the Social Security Act, $11,778,000, to be transferred to 

10 this appropriation from the Federal Hospital Insurance 

11 Trust Fund and the Federal Supplementary Medical In12 surance Trust Fund. 

13 NATIONAL COUNCIL ON DISABILITY

14 SALARIES AND EXPENSES

15 For expenses necessary for the National Council on 

16 Disability as authorized by title IV of the Rehabilitation 

17 Act of 1973, $3,258,000. 

18 NATIONAL HEALTH CARE WORKFORCE COMMISSION

19 For necessary expenses for the National Health Care 

20 Workforce Commission, as authorized by title V, subtitle 

21 B, section 5101 of the Patient Protection and Affordable 

22 Care Act, $3,000,000, to remain available until expended. 
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, and other laws, 

6 $288,306,000: Provided, That no part of this appropria7 tion shall be available to organize or assist in organizing 

8 agricultural laborers or used in connection with investiga9 tions, hearings, directives, or orders concerning bargaining 

10 units composed of agricultural laborers as referred to in 

11 section 2(3) of the Act of July 5, 1935, and as amended 

12 by the Labor-Management Relations Act, 1947, and as de13 fined in section 3(f) of the Act of June 25, 1938, and 

14 including in said definition employees engaged in the 

15 maintenance and operation of ditches, canals, reservoirs, 

16 and waterways when maintained or operated on a mutual, 

17 nonprofit basis and at least 95 percent of the water stored 

18 or supplied thereby is used for farming purposes. 

19 NATIONAL MEDIATION BOARD

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out the provisions 

22 of the Railway Labor Act, including emergency boards ap23 pointed by the President, $14,411,000. 
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1 OCCUPATIONAL SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Occupational Safety 

5 and Health Review Commission, $11,667,000. 

6 RAILROAD RETIREMENT BOARD

7 DUAL BENEFITS PAYMENTS ACCOUNT

8 For payment to the Dual Benefits Payments Ac9 count, authorized under section 15(d) of the Railroad Re10 tirement Act of 1974, $45,000,000, which shall include 

11 amounts becoming available in fiscal year 2013 pursuant 

12 to section 224(c)(1)(B) of Public Law 98–76; and in addi13 tion, an amount, not to exceed 2 percent of the amount 

14 provided herein, shall be available proportional to the 

15 amount by which the product of recipients and the average 

16 benefit received exceeds the amount available for payment 

17 of vested dual benefits: Provided, That the total amount 

18 provided herein shall be credited in 12 approximately 

19 equal amounts on the first day of each month in the fiscal 

20 year. 

21 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

22 ACCOUNTS

23 For payment to the accounts established in the 

24 Treasury for the payment of benefits under the Railroad 

25 Retirement Act for interest earned on unnegotiated 
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1 checks, $150,000, to remain available through September 

2 30, 2014, which shall be the maximum amount available 

3 for payment pursuant to section 417 of Public Law 98– 

4 76. 

5 LIMITATION ON ADMINISTRATION

6 For necessary expenses for the Railroad Retirement 

7 Board (‘‘Board’’) for administration of the Railroad Re8 tirement Act and the Railroad Unemployment Insurance 

9 Act, $111,649,000, to be derived in such amounts as de10 termined by the Board from the railroad retirement ac11 counts and from moneys credited to the railroad unem12 ployment insurance administration fund. 

13 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

14 For expenses necessary for the Office of Inspector 

15 General for audit, investigatory and review activities, as 

16 authorized by the Inspector General Act of 1978, not more 

17 than $8,155,000, to be derived from the railroad retire18 ment accounts and railroad unemployment insurance ac19 count. 

20 SOCIAL SECURITY ADMINISTRATION

21 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

22 For payment to the Federal Old-Age and Survivors 

23 Insurance Trust Fund and the Federal Disability Insur24 ance Trust Fund, as provided under sections 201(m), 
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1 228(g), and 1131(b)(2) of the Social Security Act, 

2 $20,402,000. 

3 SUPPLEMENTAL SECURITY INCOME PROGRAM

4 For carrying out titles XI and XVI of the Social Se5 curity Act, section 401 of Public Law 92–603, section 212 

6 of Public Law 93–66, as amended, and section 405 of 

7 Public Law 95–216, including payment to the Social Secu8 rity trust funds for administrative expenses incurred pur9 suant to section 201(g)(1) of the Social Security Act, 

10 $40,043,000,000, to remain available until expended: Pro11 vided, That any portion of the funds provided to a State 

12 in the current fiscal year and not obligated by the State 

13 during that year shall be returned to the Treasury: Pro14 vided further, That not more than $48,000,000 shall be 

15 available for research and demonstrations under sections 

16 1110, 1115, and 1144 of the Social Security Act and re17 main available through September 30, 2014. 

18 For making, after June 15 of the current fiscal year, 

19 benefit payments to individuals under title XVI of the So20 cial Security Act, for unanticipated costs incurred for the 

21 current fiscal year, such sums as may be necessary. 

22 For making benefit payments under title XVI of the 

23 Social Security Act for the first quarter of fiscal year 

24 2014, $19,300,000,000, to remain available until ex25 pended. 
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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 For necessary expenses, including the hire of two pas3 senger motor vehicles, and not to exceed $20,000 for offi4 cial reception and representation expenses, not more than 

5 $10,545,544,000 may be expended, as authorized by sec6 tion 201(g)(1) of the Social Security Act, from any one 

7 or all of the trust funds referred to in such section: Pro8 vided, That not less than $2,150,000 shall be for the So9 cial Security Advisory Board: Provided further, That unob10 ligated balances of funds provided under this paragraph 

11 at the end of fiscal year 2013 not needed for fiscal year 

12 2013 shall remain available until expended to invest in the 

13 Social Security Administration information technology 

14 and telecommunications hardware and software infra15 structure, including related equipment and non-payroll ad16 ministrative expenses associated solely with this informa17 tion technology and telecommunications infrastructure: 

18 Provided further, That the Commissioner of Social Secu19 rity shall notify the Committees on Appropriations of the 

20 House of Representatives and the Senate prior to making 

21 unobligated balances available under the authority in the 

22 previous proviso: Provided further, That reimbursement to 

23 the trust funds under this heading for expenditures for 

24 official time for employees of the Social Security Adminis25 tration pursuant to 5 U.S.C. 7131, and for facilities or 
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1 support services for labor organizations pursuant to poli2 cies, regulations, or procedures referred to in section 

3 7135(b) of such title shall be made by the Secretary of 

4 the Treasury, with interest, from amounts in the general 

5 fund not otherwise appropriated, as soon as possible after 

6 such expenditures are made. 

7 In addition, for the costs associated with continuing 

8 disability reviews under titles II and XVI of the Social 

9 Security Act and for the cost associated with conducting 

10 redeterminations of eligibility under title XVI of the Social 

11 Security Act, $1,024,000,000 may be expended, as au12 thorized by section 201(g)(1) of the Social Security Act, 

13 from any one or all of the trust funds referred to therein: 

14 Provided, That, of such amount, $273,000,000 is provided 

15 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 

16 Balanced Budget and Emergency Deficit Control Act of 

17 1985, as amended, and $751,000,000 is additional new 

18 budget authority specified for purposes of section 

19 251(b)(2)(B) of such Act: Provided further, That the Com20 missioner shall provide to the Congress (at the conclusion 

21 of the fiscal year) a report on the obligation and expendi22 ture of these funds, similar to the reports that were re23 quired by section 103(d)(2) of Public Law 104–121 for 

24 fiscal years 1996 through 2002. 
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1 In addition, $166,000,000 to be derived from admin2 istration fees in excess of $5.00 per supplementary pay3 ment collected pursuant to section 1616(d) of the Social 

4 Security Act or section 212(b)(3) of Public Law 93–66, 

5 which shall remain available until expended. To the extent 

6 that the amounts collected pursuant to such sections in 

7 fiscal year 2013 exceed $166,000,000, the amounts shall 

8 be available in fiscal year 2014 only to the extent provided 

9 in advance in appropriations Acts. 

10 In addition, up to $500,000 to be derived from fees 

11 collected pursuant to section 303(c) of the Social Security 

12 Protection Act, which shall remain available until ex13 pended. 

14 OFFICE OF INSPECTOR GENERAL

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses necessary for the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $28,887,000, together with not to 

19 exceed $73,396,000, to be transferred and expended as 

20 authorized by section 201(g)(1) of the Social Security Act 

21 from the Federal Old-Age and Survivors Insurance Trust 

22 Fund and the Federal Disability Insurance Trust Fund. 

23 In addition, an amount not to exceed 3 percent of 

24 the total provided in this appropriation may be transferred 

25 from the ‘‘Limitation on Administrative Expenses’’, Social 
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1 Security Administration, to be merged with this account, 

2 to be available for the time and purposes for which this 

3 account is available: Provided, That notice of such trans4 fers shall be transmitted promptly to the Committees on 

5 Appropriations of the House of Representatives and the 

6 Senate at least 15 days in advance of any transfer. 

7 TITLE V 

8 GENERAL PROVISIONS 

9 (TRANSFER OF FUNDS)

10 SEC. 501. The Secretaries of Labor, Health and 

11 Human Services, and Education are authorized to transfer 

12 unexpended balances of prior appropriations to accounts 

13 corresponding to current appropriations provided in this 

14 Act. Such transferred balances shall be used for the same 

15 purpose, and for the same periods of time, for which they 

16 were originally appropriated. 

17 SEC. 502. No part of any appropriation contained in 

18 this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 SEC. 503. (a) No part of any appropriation contained 

21 in this Act or transferred pursuant to section 4002 of 

22 Public Law 111–148 shall be used, other than for normal 

23 and recognized executive-legislative relationships, for pub24 licity or propaganda purposes, for the preparation, dis25 tribution, or use of any kit, pamphlet, booklet, publication, 
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1 electronic communication, radio, television, or video pres2 entation designed to support or defeat the enactment of 

3 legislation before the Congress or any State or local legis4 lature or legislative body, except in presentation to the 

5 Congress or any State or local legislature itself, or de6 signed to support or defeat any proposed or pending regu7 lation, administrative action, or order issued by the execu8 tive branch of any State or local government, except in 

9 presentation to the executive branch of any State or local 

10 government itself. 

11 (b) No part of any appropriation contained in this 

12 Act or transferred pursuant to section 4002 of Public Law 

13 111–148 shall be used to pay the salary or expenses of 

14 any grant or contract recipient, or agent acting for such 

15 recipient, related to any activity designed to influence the 

16 enactment of legislation, appropriations, regulation, ad17 ministrative action, or Executive order proposed or pend18 ing before the Congress or any State government, State 

19 legislature or local legislature or legislative body, other 

20 than for normal and recognized executive-legislative and 

21 State-local relationships, for presentation to any State or 

22 local legislature or legislative body itself, or for participa23 tion by an agency or officer of a State, local or tribal gov24 ernment in policymaking and administrative processes 

25 within the executive branch of that government. 
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1 (c) The prohibitions in subsections (a) and (b) shall 

2 include any activity to advocate or promote any proposed 

3 or pending Federal, State or local tax increase, or any pro4 posed or pending requirement or restriction on any legal 

5 consumer product, including its sale or marketing, includ6 ing but not limited to the advocacy or promotion of gun 

7 control. 

8 SEC. 504. The Secretaries of Labor and Education 

9 are authorized to make available not to exceed $28,000 

10 and $20,000, respectively, from funds available for sala11 ries and expenses under titles I and III, respectively, for 

12 official reception and representation expenses; the Direc13 tor of the Federal Mediation and Conciliation Service is 

14 authorized to make available for official reception and rep15 resentation expenses not to exceed $5,000 from the funds 

16 available for ‘‘Federal Mediation and Conciliation Service, 

17 Salaries and Expenses’’; and the Chairman of the Na18 tional Mediation Board is authorized to make available for 

19 official reception and representation expenses not to ex20 ceed $5,000 from funds available for ‘‘National Mediation 

21 Board, Salaries and Expenses’’. 

22 SEC. 505. When issuing statements, press releases, 

23 requests for proposals, bid solicitations and other docu24 ments describing projects or programs funded in whole or 

25 in part with Federal money, all grantees receiving Federal 
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1 funds included in this Act, including but not limited to 

2 State and local governments and recipients of Federal re3 search grants, shall clearly state— 

4 (1) the percentage of the total costs of the pro5 gram or project which will be financed with Federal 

6 money; 

7 (2) the dollar amount of Federal funds for the 

8 project or program; and 

9 (3) percentage and dollar amount of the total 

10 costs of the project or program that will be financed 

11 by non-governmental sources. 

12 SEC. 506. (a) None of the funds appropriated in this 

13 Act, and none of the funds in any trust fund to which 

14 funds are appropriated in this Act, shall be expended for 

15 any abortion. 

16 (b) None of the funds appropriated in this Act, and 

17 none of the funds in any trust fund to which funds are 

18 appropriated in this Act, shall be expended for health ben19 efits coverage that includes coverage of abortion. 

20 (c) The term ‘‘health benefits coverage’’ means the 

21 package of services covered by a managed care provider 

22 or organization pursuant to a contract or other arrange23 ment. 

24 SEC. 507. (a) The limitations established in the pre25 ceding section shall not apply to an abortion— 
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1 (1) if the pregnancy is the result of an act of 

2 rape or incest; or 

3 (2) in the case where a woman suffers from a 

4 physical disorder, physical injury, or physical illness, 

5 including a life-endangering physical condition 

6 caused by or arising from the pregnancy itself, that 

7 would, as certified by a physician, place the woman 

8 in danger of death unless an abortion is performed. 

9 (b) Nothing in the preceding section shall be con10 strued as prohibiting the expenditure by a State, locality, 

11 entity, or private person of State, local, or private funds 

12 (other than a State’s or locality’s contribution of Medicaid 

13 matching funds). 

14 (c) Nothing in the preceding section shall be con15 strued as restricting the ability of any managed care pro16 vider from offering abortion coverage or the ability of a 

17 State or locality to contract separately with such a pro18 vider for such coverage with State funds (other than a 

19 State’s or locality’s contribution of Medicaid matching 

20 funds). 

21 (d)(1) None of the funds made available in this Act 

22 may be made available to a Federal agency or program, 

23 or to a State or local government, if such agency, program, 

24 or government subjects any institutional or individual 

25 health care entity to discrimination on the basis that the 
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1 health care entity does not provide, pay for, provide cov2 erage of, or refer for abortions. 

3 (2) In this subsection, the term ‘‘health care entity’’ 

4 includes an individual physician or other health care pro5 fessional, a hospital, a provider-sponsored organization, a 

6 health maintenance organization, a health insurance plan, 

7 or any other kind of health care facility, organization, or 

8 plan. 

9 SEC. 508. (a) None of the funds made available in 

10 this Act may be used for— 

11 (1) the creation of a human embryo or embryos 

12 for research purposes; or 

13 (2) research in which a human embryo or em14 bryos are destroyed, discarded, or knowingly sub15 jected to risk of injury or death greater than that 

16 allowed for research on fetuses in utero under 45 

17 CFR 46.204(b) and section 498(b) of the Public 

18 Health Service Act (42 U.S.C. 289g(b)). 

19 (b) For purposes of this section, the term ‘‘human 

20 embryo or embryos’’ includes any organism, not protected 

21 as a human subject under 45 CFR 46 as of the date of 

22 the enactment of this Act, that is derived by fertilization, 

23 parthenogenesis, cloning, or any other means from one or 

24 more human gametes or human diploid cells. 
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1 SEC. 509. (a) None of the funds made available in 

2 this Act may be used for any activity that promotes the 

3 legalization of any drug or other substance included in 

4 schedule I of the schedules of controlled substances estab5 lished under section 202 of the Controlled Substances Act 

6 except for normal and recognized executive-congressional 

7 communications. 

8 (b) The limitation in subsection (a) shall not apply 

9 when there is significant medical evidence of a therapeutic 

10 advantage to the use of such drug or other substance or 

11 that federally sponsored clinical trials are being conducted 

12 to determine therapeutic advantage. 

13 SEC. 510. None of the funds made available in this 

14 Act may be used to promulgate or adopt any final stand15 ard under section 1173(b) of the Social Security Act pro16 viding for, or providing for the assignment of, a unique 

17 health identifier for an individual (except in an individ18 ual’s capacity as an employer or a health care provider), 

19 until legislation is enacted specifically approving the 

20 standard. 

21 SEC. 511. None of the funds made available in this 

22 Act may be obligated or expended to enter into or renew 

23 a contract with an entity if— 

24 (1) such entity is otherwise a contractor with 

25 the United States and is subject to the requirement 
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1 in 38 U.S.C. 4212(d) regarding submission of an 

2 annual report to the Secretary of Labor concerning 

3 employment of certain veterans; and 

4 (2) such entity has not submitted a report as 

5 required by that section for the most recent year for 

6 which such requirement was applicable to such enti7 ty. 

8 SEC. 512. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except 

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriation Act. 

13 SEC. 513. None of the funds made available by this 

14 Act to carry out the Library Services and Technology Act 

15 may be made available to any library covered by para16 graph (1) of section 224(f) of such Act, as amended by 

17 the Children’s Internet Protection Act, unless such library 

18 has made the certifications required by paragraph (4) of 

19 such section. 

20 SEC. 514. (a) None of the funds provided under this 

21 Act, or provided under previous appropriations Acts to the 

22 agencies funded by this Act that remain available for obli23 gation or expenditure in fiscal year 2013, or provided from 

24 any accounts in the Treasury of the United States derived 

25 by the collection of fees available to the agencies funded 
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1 by this Act, shall be available for obligation or expenditure 

2 through a reprogramming of funds that— 

3 (1) creates new programs; 

4 (2) eliminates a program, project, or activity; 

5 (3) increases funds or personnel by any means 

6 for any project or activity for which funds have been 

7 denied or restricted; 

8 (4) relocates an office or employees; 

9 (5) reorganizes or renames offices; 

10 (6) reorganizes programs or activities; or 

11 (7) contracts out or privatizes any functions or 

12 activities presently performed by Federal employees; 

13 unless the Committees on Appropriations of the House of 

14 Representatives and the Senate are notified 15 days in 

15 advance of such reprogramming or of an announcement 

16 of intent relating to such reprogramming, whichever oc17 curs earlier. 

18 (b) None of the funds provided under this Act, or 

19 provided under previous appropriations Acts to the agen20 cies funded by this Act that remain available for obligation 

21 or expenditure in fiscal year 2013, or provided from any 

22 accounts in the Treasury of the United States derived by 

23 the collection of fees available to the agencies funded by 

24 this Act, shall be available for obligation or expenditure 
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1 through a reprogramming of funds in excess of $500,000 

2 or 10 percent, whichever is less, that— 

3 (1) augments existing programs, projects (in4 cluding construction projects), or activities; 

5 (2) reduces by 10 percent funding for any exist6 ing program, project, or activity, or numbers of per7 sonnel by 10 percent as approved by Congress; or 

8 (3) results from any general savings from a re9 duction in personnel which would result in a change 

10 in existing programs, activities, or projects as ap11 proved by Congress; 

12 unless the Committees on Appropriations of the House of 

13 Representatives and the Senate are notified 15 days in 

14 advance of such reprogramming or of an announcement 

15 of intent relating to such reprogramming, whichever oc16 curs earlier. 

17 SEC. 515. (a) None of the funds made available in 

18 this Act may be used to request that a candidate for ap19 pointment to a Federal scientific advisory committee dis20 close the political affiliation or voting history of the can21 didate or the position that the candidate holds with re22 spect to political issues not directly related to and nec23 essary for the work of the committee involved. 
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1 (b) None of the funds made available in this Act may 

2 be used to disseminate information that is deliberately 

3 false or misleading. 

4 SEC. 516. Within 45 days of enactment of this Act, 

5 each department and related agency funded through this 

6 Act shall submit an operating plan that details at the pro7 gram, project, and activity level any funding allocations 

8 for fiscal year 2013 that are different than those specified 

9 in this Act, the accompanying detailed table in the state10 ment of the managers on the conference report accom11 panying this Act, or the fiscal year 2013 budget request. 

12 SEC. 517. The Secretaries of Labor, Health and 

13 Human Services, and Education shall each prepare and 

14 submit to the Committees on Appropriations of the House 

15 of Representatives and the Senate a report on the number 

16 and amount of contracts, grants, and cooperative agree17 ments exceeding $500,000 in value and awarded by the 

18 Department on a non-competitive basis during each quar19 ter of fiscal year 2013, but not to include grants awarded 

20 on a formula basis or directed by law. Such report shall 

21 include the name of the contractor or grantee, the amount 

22 of funding, the governmental purpose, including a jus23 tification for issuing the award on a non-competitive basis. 

24 Such report shall be transmitted to the Committees within 
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1 30 days after the end of the quarter for which the report 

2 is submitted. 

3 SEC. 518. None of the funds appropriated or other4 wise made available by this Act may be used to enter into 

5 a contract in an amount greater than $5,000,000 or to 

6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 

8 agency awarding the contract or grant that, to the best 

9 of its knowledge and belief, the contractor or grantee has 

10 filed all Federal tax returns required during the 3 years 

11 preceding the certification, has not been convicted of a 

12 criminal offense under the Internal Revenue Code of 1986, 

13 and has not, more than 90 days prior to certification, been 

14 notified of any unpaid Federal tax assessment for which 

15 the liability remains unsatisfied, unless the assessment is 

16 the subject of an installment agreement or offer in com17 promise that has been approved by the Internal Revenue 

18 Service and is not in default, or the assessment is the sub19 ject of a non-frivolous administrative or judicial pro20 ceeding. 

21 (RESCISSION)

22 SEC. 519. Of the funds made available for perform23 ance bonus payments under section 2105(a)(3)(E) of the 

24 Social Security Act, $6,706,000,000 are hereby rescinded. 
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1 SEC. 520. None of the funds contained in this Act 

2 may be used to distribute any needle or syringe for the 

3 purpose of preventing the spread of blood borne pathogens 

4 in any location that has been determined by the local pub5 lic health or local law enforcement authorities to be inap6 propriate for such distribution. 

7 SEC. 521. Not later than 30 days after the end of 

8 each calendar quarter, beginning with the first quarter of 

9 fiscal year 2013, the Departments of Labor, Health and 

10 Human Services and Education and the Social Security 

11 Administration shall provide the Committees on Appro12 priations of the House of Representatives and Senate a 

13 quarterly report on the status of balances of appropria14 tions: Provided, That for balances that are unobligated 

15 and uncommitted, committed, and obligated but unex16 pended, the quarterly reports shall separately identify the 

17 amounts attributable to each source year of appropriation 

18 (beginning with fiscal year 2012, or, to the extent feasible, 

19 earlier fiscal years) from which balances were derived. 

20 SEC. 522. (a) IN GENERAL.—The Health Education 

21 Assistance Loan (HEAL) program under title VII, part 

22 A, subpart I of the PHS Act, and the authority to admin23 ister such program, including servicing, collecting, and en24 forcing any loans that were made under such program 

25 that remain outstanding, shall be permanently transferred 
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1 from the Secretary of Health and Human Services to the 

2 Secretary of Education no later than the end of the first 

3 fiscal quarter that begins after the date of enactment of 

4 this act. 

5 (b) TRANSFER OF FUNCTIONS, ASSETS, AND LIABIL6 ITIES.—The functions, assets, and liabilities of the Sec7 retary of HHS relating to such program shall be trans8 ferred to the Secretary of Education. 

9 (c) INTERDEPARTMENTAL COORDINATION OF

10 TRANSFER.—The Secretary of HHS and the Secretary of 

11 Education shall carry out the transfer of the HEAL pro12 gram described in subsection (a), including the transfer 

13 of the functions, assets, and liabilities specified in sub14 section (b), in the manner that they determine is most 

15 appropriate. 

16 (d) USE OF AUTHORITIES UNDER HEA OF 1965.— 

17 In servicing, collecting, and enforcing the loans described 

18 in subsection (a), the Secretary of Education shall have 

19 available any and all authorities available to such Sec20 retary in servicing, collecting, or enforcing a loan made, 

21 insured, or guaranteed under part B of title IV of the 

22 HEA of 1965. 

23 (e) CONFORMING AMENDMENTS.—Effective as of the 

24 date on which the transfer of the HEAL program under 

25 subsection (a) takes effect, section 719 of the PHS Act 
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1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(6) The term ‘Secretary’ means the Secretary 

4 of Education.’’. 

5 PERFORMANCE PARTNERSHIP PILOTS

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 523. (a) DEFINITIONS.—In this section, 

8 (1) ‘‘Performance Partnership Pilot’’ (or 

9 ‘‘Pilot’’) is a project that seeks to identify, through 

10 a demonstration, cost-effective strategies for pro11 viding services at the State, regional, or local level 

12 that— 

13 (A) involve two or more Federal programs 

14 (administered by one or more Federal agen15 cies)— 

16 (i) which have related policy goals, 

17 and 

18 (ii) at least one of which is adminis19 tered (in whole or in part) by a State, 

20 local, or tribal government; and 

21 (B) achieve better results for regions, com22 munities, or specific at-risk populations through 

23 making better use of the budgetary resources 

24 that are available for supporting such pro25 grams. 
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1 (2) ‘‘To improve outcomes for disconnected 

2 youth’’ means to increase the rate at which individ3 uals between the ages of 14 and 24 (who are home4 less, in foster care, involved in the juvenile justice 

5 system, or are neither employed nor enrolled in an 

6 educational institution) achieve success in meeting 

7 educational, employment, or other key goals. 

8 (3) The ‘‘lead Federal administering agency’’ is 

9 the Federal agency, to be designated by the Director 

10 of the Office of Management and Budget (from 

11 among the participating Federal agencies that have 

12 statutory responsibility for the Federal discretionary 

13 funds that will be used in a Performance Partner14 ship Pilot), that will enter into and administer the 

15 particular Performance Partnership Agreement on 

16 behalf of that agency and the other participating 

17 Federal agencies. 

18 (b) USE OF DISCRETIONARY FUNDS IN FISCAL YEAR

19 2013.—Federal agencies may use Federal discretionary 

20 funds that are made available in this Act to carry out up 

21 to 13 Performance Partnership Pilots involving up to a 

22 total of $130,000,000 in aggregate Federal discretionary 

23 budget authority. Such Pilots shall: 

24 (1) be designed to improve outcomes for discon25 nected youth, and 
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1 (2) involve Federal programs targeted on dis2 connected youth, or designed to prevent youth from 

3 disconnecting from school or work, that provide edu4 cation, training, employment, and other related so5 cial services. 

6 (c) PERFORMANCE PARTNERSHIP AGREEMENTS.— 

7 Federal agencies may use Federal discretionary funds, as 

8 authorized in subsection (b), to participate in a Perform9 ance Partnership Pilot only in accordance with the terms 

10 of a Performance Partnership Agreement that— 

11 (1) is entered into between— 

12 (A) the head of the lead Federal admin13 istering agency, on behalf of all of the partici14 pating Federal agencies (subject to the head of 

15 the lead Federal administering agency having 

16 received from the heads of each of the other 

17 participating agencies their written concurrence 

18 for entering into the Agreement), and 

19 (B) the respective representatives of all of 

20 the State, local, or tribal governments that are 

21 participating in the Agreement; and 

22 (2) specifies, at a minimum, the following infor23 mation: 

24 (A) the length of the Agreement (which 

25 shall not extend beyond September 30, 2017); 
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1 (B) the Federal programs and federally 

2 funded services that are involved in the Pilot; 

3 (C) the Federal discretionary funds that 

4 are being used in the Pilot (by the respective 

5 Federal account identifier, and the total 

6 amount from such account that is being used in 

7 the Pilot), and the period (or periods) of avail8 ability for obligation (by the Federal Govern9 ment) of such funds; 

10 (D) the non-Federal funds that are in11 volved in the Pilot, by source (which may in12 clude private funds as well as governmental 

13 funds) and by amount; 

14 (E) the State, local, or tribal programs 

15 that are involved in the Pilot; 

16 (F) the populations to be served by the 

17 Pilot; 

18 (G) the cost-effective Federal oversight 

19 procedures that will be used for the purpose of 

20 maintaining the necessary level of account21 ability for the use of the Federal discretionary 

22 funds; 

23 (H) the cost-effective State, local, or tribal 

24 oversight procedures that will be used for the 

25 purpose of maintaining the necessary level of 
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1 accountability for the use of the Federal discre2 tionary funds; 

3 (I) the outcome (or outcomes) that the 

4 Pilot is designed to achieve; 

5 (J) the appropriate, reliable, and objective 

6 outcome-measurement methodology that the 

7 Federal Government and the participating 

8 State, local, or tribal governments will use, in 

9 carrying out the Pilot, to determine whether the 

10 Pilot is achieving, and has achieved, the speci11 fied outcomes that the Pilot is designed to 

12 achieve; 

13 (K) the statutory, regulatory, or adminis14 trative requirements related to Federal manda15 tory programs that are barriers to achieving im16 proved outcomes of the Pilot; and 

17 (L) in cases where, during the course of 

18 the Pilot, it is determined that the Pilot is not 

19 achieving the specified outcomes that it is de20 signed to achieve, 

21 (i) the consequences that will result 

22 from such deficiencies with respect to the 

23 Federal discretionary funds that are being 

24 used in the Pilot, and 
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1 (ii) the corrective actions that will be 

2 taken in order to increase the likelihood 

3 that the Pilot, upon completion, will have 

4 achieved such specified outcomes. 

5 (d) AGENCY HEAD DETERMINATIONS.—A Federal 

6 agency may participate in a Performance Partnership 

7 Pilot (including by providing Federal discretionary funds 

8 that have been appropriated to such agency) only upon 

9 the written determination by the head of such agency that 

10 the agency’s participation in such Pilot— 

11 (1) will not result in denying or restricting the 

12 eligibility of any individual for any of the services 

13 that (in whole or in part) are funded by the agency’s 

14 programs and Federal discretionary funds that are 

15 involved in the Pilot, and 

16 (2) based on the best available information, will 

17 not otherwise adversely affect vulnerable populations 

18 that are the recipients of such services. 

19 In making this determination, the head of the agency may 

20 take into consideration the other Federal discretionary 

21 funds that will be used in the Pilot as well as any non22 Federal funds (including from private sources as well as 

23 governmental sources) that will be used in the Pilot. 

24 (e) TRANSFER AUTHORITY.—For the purpose of car25 rying out the Pilot in accordance with the Performance 
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1 Partnership Agreement, and subject to the written ap2 proval of the Director of the Office of Management and 

3 Budget, the head of each participating Federal agency 

4 may transfer Federal discretionary funds that are being 

5 used in the Pilot to an account of the lead Federal admin6 istering agency that includes Federal discretionary funds 

7 that are being used in the Pilot. Subject to the waiver 

8 authority under subsection (f), such transferred funds 

9 shall remain available for the same purposes for which 

10 such funds were originally appropriated: Provided, That 

11 such transferred funds shall remain available for obliga12 tion by the Federal Government until the expiration of the 

13 period of availability for those Federal discretionary funds 

14 (which are being used in the Pilot) that have the longest 

15 period of availability, except that any such transferred 

16 funds shall not remain available beyond September 30, 

17 2017. 

18 (f) WAIVER AUTHORITY.—In connection with a Fed19 eral agency’s participation in a Performance Partnership 

20 Pilot, and subject to the other provisions of this section 

21 (including subsection (e)), the head of the Federal agency 

22 to which the Federal discretionary funds were appro23 priated may waive (in whole or in part) the application, 

24 solely to such discretionary funds that are being used in 
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1 the Pilot, of any statutory, regulatory, or administrative 

2 requirement that such agency head— 

3 (1) is otherwise authorized to waive (in accord4 ance with the terms and conditions of such other au5 thority), and 

6 (2) is not otherwise authorized to waive, pro7 vided that in such case the agency head shall— 

8 (A) not waive any requirement related to 

9 nondiscrimination, wage and labor standards, 

10 or allocation of funds to State and substate lev11 els; 

12 (B) issue a written determination, prior to 

13 granting the waiver, with respect to such discre14 tionary funds that the granting of such waiver 

15 for purposes of the Pilot— 

16 (i) is consistent with both— 

17 (I) the statutory purposes of the 

18 Federal program for which such dis19 cretionary funds were appropriated, 

20 and 

21 (II) the other provisions of this 

22 section, including the written deter23 mination by the agency head issued 

24 under subsection (d); 
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1 (ii) is necessary to achieve the out2 comes of the Pilot as specified in the Per3 formance Partnership Agreement, and is 

4 no broader in scope than is necessary to 

5 achieve such outcomes; and 

6 (iii) will result in either— 

7 (I) realizing efficiencies by sim8 plifying reporting burdens or reducing 

9 administrative barriers with respect to 

10 such discretionary funds, or 

11 (II) increasing the ability of indi12 viduals to obtain access to services 

13 that are provided by such discre14 tionary funds; and 

15 (C) provide at least 60 days advance writ16 ten notice to the Committees on Appropriations 

17 and other committees of jurisdiction in the 

18 House of Representatives and the Senate. 

19 SEC. 524. (a) The head of any department, agency, 

20 board, or commission funded by this Act shall submit 

21 quarterly reports to the Inspector General, or the senior 

22 ethics official for any entity without an Inspector General, 

23 of the appropriate department, agency, board, or commis24 sion regarding the costs and contracting procedures re25 lated to each conference held by the department, agency, 
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1 board, or commission during fiscal year 2013 for which 

2 the cost to the United States Government was more than 

3 $20,000. 

4 (b) Each report submitted shall include, for each con5 ference held during the applicable quarter— 

6 (1) a description of how the conference ad7 vanced the mission of the department, agency, 

8 board, or commission; 

9 (2) the number of individuals whose travel ex10 penses or other conference expenses were paid by the 

11 department, agency, board, or commission; 

12 (3) the date and location of the conference; 

13 (4) a detailed statement of the costs to the de14 partment, agency, board, or commission relating to 

15 that conference; and 

16 (5) a description of the contracting procedures 

17 relating to that conference, including whether con18 tracts were awarded on a competitive basis for that 

19 conference. 

20 (c) A grant or contract funded by amounts appro21 priated by this Act may not be used for the purpose of 

22 defraying the costs of a conference that is not directly and 

23 programmatically related to the purpose for which the 

24 grant or contract was awarded. 
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1 (d) None of the funds made available in this Act may 

2 be used for travel and conference activities that are not 

3 in compliance with Office of Management and Budget 

4 Memorandum M–12–12 dated May 11, 2012. 

5 SEC. 525. None of the funds made available in this 

6 Act may be used to send or otherwise pay for the attend7 ance of more than 50 employees from a Federal depart8 ment or agency at any single international conference un9 less the head of such department or agency reports to the 

10 Committees on Appropriations of the Senate and the 

11 House of Representatives at least 30 days in advance of 

12 the beginning of the conference that such attendance is 

13 important to the national interest: Provided, That for pur14 poses of this section the term ‘‘international conference’’ 

15 shall mean a conference occurring outside of the United 

16 States attended by representatives of the United States 

17 Government and of foreign governments, international or18 ganizations, or nongovernmental organizations. 

19 This Act may be cited as the ‘‘Departments of Labor, 

20 Health and Human Services, and Education, and Related 

21 Agencies Appropriations Act, 2013’’. 
Calendar No. 428 

112TH CONGRESS 

2D SESSION S. 3295 

[Report No. 112–176] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2013, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJUNE 14, 2012 

Read twice and placed on the calendar