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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3070

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2011

 Mr. Rehberg introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 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, 2012, and for other purposes.

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

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

              (including rescission and transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(referred to in this Act as the ``WIA''), the Second Chance Act of 
2007, and the Women in Apprenticeship and Non-Traditional Occupations 
Act of 1992, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA, $962,205,000, plus reimbursements, 
shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $723,020,000 as follows:
                    (A) $207,520,000 for adult employment and training 
                activities which shall be available for the period July 
                1, 2012 through December 31, 2012;
                    (B) $413,784,000 for youth activities, which shall 
                be available for the period April 1, 2012 through 
                December 31, 2012;
                    (C) $101,716,000 for dislocated worker employment 
                and training activities which shall be available for 
                the period July 1, 2012 through December 31, 2012; and
                    (D) No funds shall be available for the Workforce 
                Innovation Fund as established by section 1801(a)(3) of 
                division B of Public Law 112-10;
         Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds 
        may be transferred by a local board if approved by the 
        Governor: Provided further, That a local board may award a 
        contract to an institution of higher education or other 
        eligible training provider if the local board determines that 
        it would facilitate the training of multiple individuals in 
        high-demand occupations, if such contract does not limit 
        customer choice: Provided further, That notwithstanding section 
        128(a)(1) of the WIA, the amount available to the Governor for 
        statewide workforce investment activities shall not exceed 10 
        percent of the amount allotted to the State from each of the 
        appropriations under the preceding subparagraphs: Provided 
        further, That of the unobligated balances made available for 
        the Workforce Innovation Fund by section 1801(a)(3) of division 
        B of Public Law 112-10, $125,000,000 is rescinded;
            (2) for federally administered programs, $175,969,000 as 
        follows:
                    (A) $64,580,000 for the dislocated workers 
                assistance national reserve which shall be available 
                for the period July 1, 2012 through December 31, 2012: 
                Provided, That funds described in section 132(a)(2)(A) 
                of the WIA may be used to provide assistance to a State 
                for state-wide or local use in order to address cases 
                where there have been worker dislocations across 
                multiple sectors or across multiple local areas and 
                such workers remain dislocated; coordinate the State 
                workforce development plan with emerging economic 
                development needs; and train such eligible dislocated 
                workers: Provided further, That funds provided to carry 
                out section 171(d) of the WIA may be used for 
                demonstration projects that provide assistance to new 
                entrants in the workforce and incumbent workers; 
                Provided further, That none of the funds shall be 
                obligated to carry out section 173(e) of the WIA;
                    (B) $27,079,000 for Native American programs, which 
                shall be available for the period July 1, 2012 through 
                December 31, 2012;
                    (C) $43,310,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $38,110,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $2,700,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $2,500,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2012 through December 31, 2012: 
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Secretary of Labor shall 
                take no action limiting the number or proportion of 
                eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;
                    (D) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, 
                which shall be available for the period July 1, 2012 
                through September 30, 2013; and
                    (E) $40,000,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2012 through December 
                31, 2012;
            (3) for national activities, $63,216,000, as follows:
                    (A) $6,616,000 for Pilots, Demonstrations, and 
                Research, which shall be available for the period April 
                1, 2012 through September 31, 2013: Provided, That 
                funds made available by Public Law 112-10 for program 
                year 2011 that were designated for grants to address 
                the employment and training needs of young parents may 
                be used for other pilots, demonstration, and research 
                activities;
                    (B) $45,000,000 for ex-offender activities, under 
                the authority of section 171 of the WIA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2012 through December 
                31, 2012, and which shall not be subject to the 
                requirements of section 171(b)(2)(B) or 171(c)(4)(D) of 
                the WIA: Provided, That not less than $10,000,000 shall 
                be for competitive grants to national and regional 
                intermediaries for activities that prepare young ex-
                offenders and school dropouts for employment, with a 
                priority for projects serving high-crime, high-poverty 
                areas;
                    (C) $11,600,000 for Evaluation, which shall be 
                available for the period July 1, 2012 through September 
                30, 2013;
                    (D) No funds shall be available for the Green Jobs 
                Innovation Fund; and
                    (E) No funds shall be available for the Workforce 
                Data Quality Initiative.

                          office of job corps

    To carry out subtitle C of title I of the WIA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repairs of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA, $2,223,930,000, plus reimbursements, 
as follows:
            (1) $2,089,000,000 for Job Corps Operations, which shall be 
        available for obligation for the period July 1, 2012 through 
        September 30, 2013;
            (2) $103,500,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2012 through September 30, 2015: Provided, 
        That the Secretary of Labor may transfer up to 15 percent of 
        such funds to meet the operational needs of such centers: 
        Provided further, That any funds transferred pursuant to the 
        preceding proviso shall not be available for obligation after 
        September 30, 2013; and
            (3) $31,430,000 for necessary expenses of the Office of Job 
        Corps, which shall be available for obligation for the period 
        October 1, 2011 through September 30, 2012;
 Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers: Provided further, 
That no funds shall be available to initiate a competition for any new 
Job Corps center not previously approved through a competitive 
selection process by the Secretary of Labor.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, 
$450,000,000, which shall be available for the period July 1, 2012 
through September 30, 2013.

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $43,139,000, together with 
not to exceed $3,629,167,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $3,190,899,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including $10,000,000 to conduct in-person reemployment and 
        eligibility assessments and unemployment insurance improper 
        payment reviews), the administration of unemployment insurance 
        for Federal employees and for ex-service members as authorized 
        under 5 U.S.C. 8501-8523, and the administration of trade 
        readjustment allowances, reemployment trade adjustment 
        assistance, and alternative trade adjustment assistance under 
        the Trade Act of 1974 and under section 1891(b) of the Trade 
        and Globalization Adjustment Assistance Act of 2009, and shall 
        be available for obligation by the States through December 31, 
        2012, except that funds used for automation acquisitions or 
        incentive grants for improved operations shall be available for 
        obligation by the States through September 30, 2014, and funds 
        used for unemployment insurance workloads experienced by the 
        States through September 30, 2012 shall be available for 
        Federal obligation through December 31, 2012;
            (2) $11,310,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $340,447,000 from the Trust Fund, together with 
        $11,342,000 from the general fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2012 through December 31, 2012;
            (4) $20,994,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $65,517,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $50,418,000 shall be available for the 
        Federal administration of such activities, and $15,099,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $31,797,000 from the general fund of the Treasury is to 
        provide workforce information, national electronic tools, and 
        one-stop system building under the Wagner-Peyser Act and 
        section 171(e)(2)(C) of the WIA and shall be available for 
        Federal obligation for the period July 1, 2012 through December 
        31, 2012:
 Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2012 is projected by the 
Secretary of Labor to exceed 4,832,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Act: Provided further, That the Secretary of Labor may use 
funds appropriated for grants to States under title III of the Social 
Security Act to make payments on behalf of States for the use of the 
National Directory of New Hires under section 453(j)(8) of such Act: 
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance or immigration programs, may be obligated in contracts, 
grants, or agreements with non-State entities: Provided further, That 
funds appropriated under this Act for activities authorized under title 
III of the Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed under the Office of Management and Budget Circular A-87: 
Provided further, That the Secretary of Labor, at the request of a 
State participating in a consortium with other States, may reallot 
funds allotted to such State under title III of the Social Security Act 
to other States participating in the consortium in order to carry out 
activities that benefit the administration of the unemployment 
compensation law of the State making the request.
     In addition, $60,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews.

        advances to the unemployment trust fund and other funds

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

                         program administration

    For expenses of administering employment and training programs, 
$91,320,000, together with not to exceed $50,040,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $159,363,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                         Wage and Hour Division

                         salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $214,805,000.

                  Office of Labor-Management Standards

                         salaries and expenses

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

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

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

                            special benefits

                     (including transfer of funds)

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

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $565,712,000, including not to exceed $104,184,000, 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary of Labor under section 18 of the Act; 
and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $200,000 per fiscal 
year of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational safety 
and health training and education: Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2012, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of the Act of April 13, 1934 (29 
U.S.C. 9a), to administer national and international laboratory 
recognition programs that ensure the safety of equipment and products 
used by workers in the workplace: Provided further, That none of the 
funds appropriated under this paragraph shall be obligated or expended 
to prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person 
who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer of 10 
or fewer employees who is included within a category having a Days 
Away, Restricted, or Transferred (DART) occupational injury and illness 
rate, at the most precise industrial classification code for which such 
data are published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
 Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees; Provided 
further, That no funds shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $379,854,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration may retain up to $1,499,000 from fees collected for the 
approval and certification of equipment, materials, and explosives for 
use in mines, and may utilize such sums for such activities; and, in 
addition, the Secretary of Labor may transfer from amounts provided 
under this heading up to $15,000,000 to ``Departmental Management'' for 
activities related to the Office of the Solicitor's caseload before the 
Federal Mine Safety and Health Review Commission; the Secretary of 
Labor is authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private; the 
Mine Safety and Health Administration is authorized to promote health 
and safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; 
the Secretary is authorized to recognize the Joseph A. Holmes Safety 
Association as a principal safety association and, notwithstanding any 
other provision of law, may provide funds and, with or without 
reimbursement, personnel, including service of Mine Safety and Health 
Administration officials as officers in local chapters or in the 
national organization; and any funds available to the Department of 
Labor may be used, with the approval of the Secretary, to provide for 
the costs of mine rescue and survival operations in the event of a 
major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $552,921,000, 
together with not to exceed $67,303,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $39,031,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $268,407,000, together with not 
to exceed $326,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund: Provided, That 
$26,332,000 is for the Bureau of International Labor Affairs and shall 
be available for obligation through December 31, 2012: Provided 
further, That funds available to the Bureau of International Labor 
Affairs may be used to administer or operate international labor 
activities, bilateral and multilateral technical assistance, and 
microfinance programs, by or through contracts, grants, subgrants, or 
other arrangements: Provided further, That $8,500,000 shall be used for 
program evaluation: Provided further, That funds available for program 
evaluation may be transferred to any other appropriate account in the 
Department of Labor for such purpose: Provided further, That not more 
than $87,213,000 of the funds made available for Legal Services may be 
obligated until the Secretary of Labor provides to the Committees on 
Appropriations of the House of Representatives and the Senate a copy of 
the operating plan issued by the Solicitor of Labor on September 22, 
2010, as well as a copy of the plan as it exists on the date of 
enactment of this Act: Provided further, That from amounts provided 
herein, the Women's Bureau is authorized to award grants to serve and 
promote the interests of women in the workforce.

                    veterans employment and training

    Not to exceed $212,065,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2012, of which $2,449,000 is for the 
National Veterans' Employment and Training Services Institute. In 
addition, to carry out Department of Labor programs under section 
5(a)(1) of the Homeless Veterans Comprehensive Assistance Act of 2001 
and the Veterans Workforce Investment Programs under section 168 of the 
WIA, $58,971,000, of which $19,641,000 shall be available for 
obligation for the period July 1, 2012, through September 30, 2013.

                            it modernization

    For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $25,000,000.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$78,453,000 together with not to exceed $5,992,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

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

                     (including transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer and approve such 
transfer.
    Sec. 103.  In accordance with Executive Order No. 13126, none of 
the funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, in whole or 
in part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104.  None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training.
    Sec. 105.  None of the funds made available by this Act or 
available to the Secretary of Labor from other sources for Career 
Pathways Innovation Fund grants and grants authorized under section 
414(c) of the American Competitiveness and Workforce Improvement Act of 
1998 shall be obligated for a grant awarded on a noncompetitive basis.
    Sec. 106.  None of the funds made available by this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level III. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved, including Employment and Training Administration 
programs. Notwithstanding this section, the limitation on salaries for 
the Job Corps shall continue to be governed by section 101.
    Sec. 107.  Notwithstanding section 102, the Secretary of Labor may 
transfer funds made available to the Employment and Training 
Administration by this Act or by Public Law 112-10, either directly or 
through a set-aside, for technical assistance services to grantees to 
``Program Administration'' when it is determined that those services 
will be more efficiently performed by Federal staff.
    Sec. 108.  Notwithstanding section 128(a)(1) of the WIA, for funds 
provided for State allotments under such Act in Public Law 112-10, the 
amount available to the Governor for statewide workforce investment 
activities shall not exceed 5 percent.
    Sec. 109.  None of the funds made available by this Act may be used 
to promulgate or implement a final rule amending part 2510 of title 29, 
Code of Federal Regulations, (relating to the definition of the term 
``fiduciary'' under section 3(21)(A) of the Employee Retirement Income 
Security Act of 1974), including the proposed rulemaking published by 
the Employee Benefits Security Administration of the Department of 
Labor on October 22, 2010 (75 Fed. Reg. 65263).
    Sec. 110.  Section 3142(b) of title 40, United States Code, is 
amended--
            (1) by inserting ``(acting through the Bureau of Labor 
        Statistics of the Department of Labor)'' after ``Secretary of 
        Labor''; and
            (2) by inserting before the period at the end, ``, using 
        surveys carried out by the Bureau of Labor Statistics that use 
        proper random statistical sampling techniques''.
    Sec. 111.  None of the funds made available by this title may be 
used to implement, administer, or enforce the final regulations on 
``Federal Acquisition Regulation; FAR Case 2009-005, Use of Project 
Labor Agreements for Federal Construction Projects'' published by the 
Department of Defense, General Services Administration, and National 
Aeronautics and Space Administration on April 13, 2010 (75 Fed. Reg. 
19168).
    Sec. 112.  None of the funds made available by this Act may be used 
to administer, implement, or promote the Department of Labor program 
known as ``Bridge to Justice'' or any similar attorney referral program 
that refers individuals with complaints relating to employment 
violations to private attorneys.
    Sec. 113.  None of the funds made available by this Act may be used 
to continue the development of or to promulgate the Right to Know Under 
the Fair Labor Standards Act regulation (Regulatory Identification 
Number 1235-AA04) being developed by the Wage and Hour Division of the 
Department of Labor.
    Sec. 114.  None of the funds made available by this Act may be used 
to promulgate or implement a final rule amending parts 405 and 406 of 
title 29, Code of Federal Regulations (relating to employer and labor 
relations consultant reporting under the Labor-Management Reporting and 
Disclosure Act), including the proposed rulemaking published by the 
Office of Labor-Management Standards of the Department of Labor on June 
21, 2011 (76 Fed. Reg. 26178 et seq.).
    Sec. 115.  None of the funds made available by this Act may be used 
to pay the salaries and expenses of personnel of the Department of 
Labor to require an H-2A employer to reimburse the cost of an H-2A 
worker's transportation and subsistence from--
            (1) the place from which the H-2A worker was approved to 
        enter the United States to the location at which the work for 
        the employer is performed; or
            (2) if the H-2A worker traveled from a place in the United 
        States at which the H-2A worker was last employed, from such 
        place of last employment to the location at which the work for 
        the employer is performed, prior to the pay period following 
        the week during which such worker completes 50 percent of the 
        period of employment of the job for which the worker was hired.
    Sec. 116.  None of the funds made available by this Act may be used 
to pay the salaries and expenses of personnel of the Department of 
Labor to require an H-2A employer to hire any qualified U.S. worker who 
applies for work until such time as one-half the H-2A contract period 
has ended.
    Sec. 117.  None of the funds made available by this Act may be used 
to pay the salaries and expenses of personnel of the Department of 
Labor to require an H-2A employer to pay an H-2A worker a wage that is 
not the prevailing hourly wage in the occupation for which the employer 
has petitioned for workers.
    Sec. 118.  None of the funds made available by this Act may be used 
to--
            (1) continue the development of or to promulgate, 
        administer, enforce, or otherwise implement the Wage 
        Methodology for the Temporary Non-agricultural Employment H-2B 
        Program regulation (Regulatory Identification Number 1205-AB61) 
        published by the Employment and Training Administration of the 
        Department of Labor on January 19, 2011 (76 Fed. Reg. 3452 et 
        seq.); or
            (2) continue the development of or to promulgate, 
        administer, enforce, amend, issue a final rule, or otherwise 
        implement the Labor Certification Process and Enforcement for 
        Temporary Employment in Occupations Other Than Agriculture or 
        Registered Nursing in the United States (H-2B Workers) 
        regulation (Regulatory Identification Number 1205-AB58) 
        published by the Employment and Training Administration and the 
        Wage and Hour Division of the Department of Labor on March 18, 
        2011 (76 Fed. Reg. 15130 et seq.).
    Sec. 119.  None of the funds made available by this Act may be used 
to continue the development of or to promulgate, administer, enforce, 
or otherwise implement the Occupational Injury and Illness Recording 
and Reporting Requirements--Musculoskeletal Disorders (MSD) Column 
regulation (Regulatory Identification Number 1218-AC45) being developed 
by the Occupational Safety and Health Administration of the Department 
of Labor.
    Sec. 120.  None of the funds made available by this Act may be used 
to continue the development of or to promulgate, administer, enforce, 
or otherwise implement the Injury and Illness Prevention Program 
regulation (Regulatory Identification Number 1218-AC48) being developed 
by the Occupational Safety and Health Administration of the Department 
of Labor.
    Sec. 121.  None of the funds made available by this Act may be used 
to enforce the cancellation of compliance directive STD 03-00-001 
(Plain Language Revision of OSHA Instruction STD 3-1, Interim Fall 
Protection Compliance Guidance for Residential Construction) as it 
relates to residential reroofing and roof-repair activities.
    Sec. 122.  None of the funds made available by this Act may be used 
to continue the development of or to promulgate, administer, enforce, 
or otherwise implement the Lowering Miners' Exposure to Coal Mine Dust, 
Including Continuous Personal Dust Monitors regulation (Regulatory 
Identification Number 1219-AB64) being developed by the Mine Safety and 
Health Administration of the Department of Labor.
    Sec. 123.  None of the funds made available by this Act for the 
Department of Labor may be used to initiate, administer, promulgate, or 
enforce any ``significant regulatory action'' as defined by Executive 
Order 12866 unless the Committees on Appropriations of the House of 
Representatives and Senate have been notified at least 30 days prior to 
the issuance of such action.
    Sec. 124.  None of the funds made available by this Act for the 
Department of Labor may be used to develop new courses, modules, 
learning materials, or projects in carrying out education or career job 
training grant programs unless the Secretary of Labor certifies, after 
a comprehensive market-based analysis, that such courses, modules, 
learning materials, or projects are not otherwise available for 
purchase or licensing in the marketplace or under development for 
students who require them to participate in such education or career 
job training grant programs.
    Sec. 125.  None of the funds made available by this Act for the 
Department of Labor may be used to pay the salaries and expenses of 
personnel of the Office of Recovery for Auto Communities and Workers of 
the Department of Labor.
    Sec. 126.  None of the funds made available by this Act may be used 
by the Secretary of Labor to administer or enforce 29 CFR 
779.372(c)(4).
    Sec. 127.  None of the funds made available by this Act may be used 
for the purpose of compensating employees for official time, as such 
term is defined in subsections (a), (c), and (d) of section 7131 of 
title 5, United States Code, except in the case in which an employee 
uses official time for the purpose of:
            (a) the negotiation of a collective bargaining agreement, 
        including attendance at an impasse proceeding, that has 
        commenced before the date of enactment of this Act;
            (b) any proceeding before the Federal Labor Relations 
        Authority that has commenced before the date of enactment of 
        this Act; or
            (c) any other matter with respect to which an agreement has 
        been made prior to the date of enactment of this Act that 
        official time may be used or granted.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2012''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

    For carrying out titles II and III of the Public Health Service Act 
(referred to in this Act as the ``PHS Act'') with respect to primary 
health care, $2,594,230,000, of which $129,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided, That funds provided under this heading shall 
be used to continue the same number of health center service delivery 
sites supported in the previous fiscal year: Provided further, That no 
more than $40,000 shall be available until expended for carrying out 
the provisions of section 224(o) of the PHS Act, including associated 
administrative expenses and relevant evaluations: Provided further, 
That no more than $95,073,000 shall be available until expended for 
carrying out the provisions of Public Law 104-73 and for expenses 
incurred by the Department of Health and Human Services pertaining to 
administrative claims made under such law.

                            health workforce

    For carrying out titles III, VII, and VIII of the PHS Act with 
respect to the health workforce, section 1128E of the Social Security 
Act, and the Health Care Quality Improvement Act of 1986, $601,841,000: 
Provided, That the proportional funding amounts in paragraphs (1) 
through (4) of section 756(e) of the PHS Act shall not apply to funds 
made available under this heading: Provided further, That no funds 
shall be available for section 340G-1 of the PHS Act: Provided further, 
That in addition to fees authorized by section 427(b) of the Health 
Care Quality Improvement Act of 1986, fees shall be collected for the 
full disclosure of information under such Act sufficient to recover the 
full costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out such Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That dentistry faculty loan repayments shall be made using the 
same terms and conditions as the Nursing Faculty Loan Repayment program 
authorized under section 738 of the PHS Act unless otherwise 
authorized: Provided further, That funds provided under section 846 and 
subpart 3 of part D of title III of the PHS Act may be used to make 
prior year adjustments to awards made under these provisions: Provided 
further, That in addition to amounts provided herein, $2,815,000 shall 
be available from amounts available under section 241 of the PHS Act to 
carry out titles VII and VIII and section 340G of the PHS Act.

                       maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with 
respect to maternal and child health, title V of the Social Security 
Act, and section 712 of the American Jobs Creation Act of 2004, 
$850,408,000: Provided, That notwithstanding sections 502(a)(1) and 
502(b)(1) of the Social Security Act, not more than $90,216,000 shall 
be available for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act and $10,379,000 
shall be available for projects described in paragraphs (A) through (F) 
of section 501(a)(3) of such Act.

                      ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,311,665,000, of which $1,980,670,000 shall 
remain available to the Secretary of Health and Human Services through 
September 30, 2014, for parts A and B of title XXVI of the PHS Act, of 
which not less than $885,000,000 shall be for State AIDS Drug 
Assistance Programs under the authority of section 2616 or 311(c) of 
such Act: Provided, That in addition to amounts provided herein, 
$25,000,000 shall be available from amounts available under section 241 
of the PHS Act to carry out parts A, B, C, and D of title XXVI of the 
PHS Act to fund Special Projects of National Significance under section 
2691.

                          health care systems

    For carrying out titles III and XII of the PHS Act with respect to 
health care systems, and the Stem Cell Therapeutic and Research Act of 
2005, $63,896,000.

                              rural health

    For carrying out titles III and IV of the PHS Act with respect to 
rural health, section 427(a) of the Federal Coal Mine Health and Safety 
Act, and sections 711 and 1820 of the Social Security Act, 
$139,853,000, of which $41,118,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program: Provided, That of the funds made available under this 
heading for Medicare rural hospital flexibility grants, $15,000,000 
shall be available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology and $1,000,000 shall be to carry out section 1820(g)(6) of 
the Social Security Act, with funds provided for such grants available 
for the purchase and implementation of telehealth services, including 
pilots and demonstrations on the use of electronic health records to 
coordinate rural veterans care between rural providers and the 
Department of Veterans Affairs through the use of the VISTA-Electronic 
Health Record: Provided further, That notwithstanding section 338J(k) 
of the PHS Act, $10,055,000 shall be available for State Offices of 
Rural Health.

                           program management

    For program support in the Health Resources and Services 
Administration, $147,052,000: Provided, That funds made available under 
this heading may be used to supplement program support funding provided 
under the headings ``Primary Health Care'', ``Health Workforce'', 
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', 
``Health Care Systems'', and ``Rural Health''.

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

    For carrying out titles II, III, VII, XVII, and XXI, and section 
2821 of the PHS Act, titles II and IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assistance 
Act, with respect to immunization and respiratory diseases, 
$686,765,000: Provided, That in addition to amounts provided herein, 
$12,864,000 shall be available from amounts available under section 241 
of the PHS Act to carry out the National Immunization Surveys.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                        tuberculosis prevention

    For carrying out titles II, III, VII, XVII, XXIII, and XXVI of the 
PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted 
diseases, and tuberculosis prevention, $1,043,291,000.

               emerging and zoonotic infectious diseases

    For carrying out titles II, III, VII, and XVII, and section 2821 of 
the PHS Act, titles II and IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act, with respect 
to emerging and zoonotic infectious diseases, $242,070,000.

            chronic disease prevention and health promotion

    For carrying out titles II, III, VII, XI, XV, XVII, and XIX of the 
PHS Act with respect to chronic disease prevention and health 
promotion, $701,680,000: Provided, That funds appropriated under this 
account may be available for making grants under section 1509 of the 
PHS Act for up to 21 States, tribes, or tribal organizations.

   birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, VII, XI, and XVII of the PHS Act 
with respect to birth defects, developmental disabilities, disabilities 
and health, $121,809,000.

                          environmental health

    For carrying out titles II, III, VII, and XVII of the PHS Act with 
respect to environmental health, $115,106,000.

                     injury prevention and control

    For carrying out titles II, III, VII, and XVII of the PHS Act with 
respect to injury prevention and control, $141,388,000.

                     occupational safety and health

    For carrying out titles II, III, VII, and XVII of the PHS Act, 
sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal 
Mine Safety and Health Act, section 13 of the Mine Improvement and New 
Emergency Response Act, and sections 20, 21, and 22 of the Occupational 
Safety and Health Act, with respect to occupational safety and health, 
$162,000,000: Provided, that in addition to amounts provided herein, 
$87,663,000 shall be available from amounts available under section 241 
of the PHS Act.

          employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000 to remain 
available until expended: Provided, That this amount shall be available 
consistent with the provision regarding administrative expenses in 
section 151(b) of division B, title I of Public Law 106-554.

                             global health

    For carrying out titles II, III, VII and XVII of the PHS Act with 
respect to global health, $324,246,000, of which $118,023,000 for 
international HIV/AIDS shall remain available through September 30, 
2013: Provided, That funds may be used for purchase and insurance of 
official motor vehicles in foreign countries.

                public health preparedness and response

    For carrying out titles II, III, VII, and XVII of the PHS Act with 
respect to public health preparedness and response, and for expenses 
necessary to support activities related to countering potential 
biological, nuclear, radiological, and chemical threats to civilian 
populations, and related to the purchase, hire, maintenance, and 
operation of aircraft for use and support of the activities of the 
Centers for Disease Control and Prevention, $1,340,104,000, of which 
$522,486,000 shall remain available until expended for the Strategic 
National Stockpile under section 319F-2 of the PHS Act.

                        buildings and facilities

    For acquisition of real property, equipment, construction and 
renovation of facilities, $30,000,000, which shall remain available 
until September 30, 2016.

                           health statistics

    For carrying out titles II and III of the PHS Act with respect to 
health statistics, $136,683,000 shall be available from amounts 
available under section 241 of the PHS Act.

              cross-cutting activities and program support

    For carrying out titles II, III, VII, XVII and XIX, and section 
2821 of the PHS Act and for cross-cutting activities and program 
support that supplement activities funded under the headings 
``Immunization and Respiratory Diseases'', ``HIV/AIDS, Viral Hepatitis, 
Sexually Transmitted Diseases, and Tuberculosis Prevention'', 
``Emerging and Zoonotic Infectious Diseases'', ``Chronic Disease 
Prevention and Health Promotion'', ``Birth Defects, Developmental 
Disabilities, Disabilities and Health'', ``Environmental Health'', 
``Injury Prevention and Control'', ``Occupational Safety and Health'', 
``Employees Occupational Illness Compensation Program Act'', ``Global 
Health'', ``Public Health Preparedness and Response'', ``Buildings and 
Facilities'', and ``Health Statistics'', $688,940,000, of which 
$100,000,000 shall be for the Preventive Health and Health Services 
Block Grant Program: Provided, That paragraphs (1) through (3) of 
subsection (b) of section 2821 of the PHS Act shall not apply to funds 
appropriated under this heading and in all other accounts of the 
Centers for Disease Control and Prevention: Provided further, That in 
addition to amounts provided herein, $109,086,000 shall be available 
from amounts available under section 241 of the PHS Act to carry out 
Public Health Scientific Services: Provided further, That employees of 
the Centers for Disease Control and Prevention or the Public Health 
Service, both civilian and commissioned officers, detailed to States, 
municipalities, or other organizations under authority of section 214 
of the PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be included 
within any personnel ceiling applicable to the Agency, Service, or the 
Department of Health and Human Services during the period of detail or 
assignment: Provided further, That the Centers for Disease Control and 
Prevention may use up to $10,000 from amounts appropriated to the 
Centers for Disease Control and Prevention in this Act for official 
reception and representation expenses when specifically approved by the 
Director of the Centers for Disease Control and Prevention: Provided 
further, That funds made available under ``Immunization and Respiratory 
Diseases'', ``HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, 
and Tuberculosis Prevention'', ``Emerging and Zoonotic Infectious 
Diseases'', ``Chronic Disease Prevention and Health Promotion'', 
``Birth Defects, Developmental Disabilities, Disabilities and Health'', 
``Environmental Health'', and ``Injury Prevention and Control'' may be 
used for international public health activities only after an operating 
plan for these activities has been submitted to the Committees on 
Appropriations of the House of Representatives and the Senate, and such 
Committees issue an approval, or absent a response, a period of 45 days 
has elapsed: Provided further, That such sums as may be derived from 
authorized user fees, which shall be credited to the appropriation 
charged with the cost thereof: Provided further, That with respect to 
the previous proviso, authorized user fees from the Vessel Sanitation 
Program shall be available through September 30, 2013.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $5,196,136,000, of which up to $8,000,000 may be 
used for facilities repairs and improvements at the National Cancer 
Institute-Frederick Federally Funded Research and Development Center in 
Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cardiovascular, lung, and blood diseases, and blood and 
blood products, $3,147,992,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with 
respect to dental disease, $420,369,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to diabetes and digestive and kidney diseases, $1,837,957,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with 
respect to neurological disorders and stroke, $1,664,253,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to allergy and infectious diseases, $4,915,970,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,102,300,000.

  eunice kennedy shriver national institute of child health and human 
                              development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,352,189,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $719,059,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $700,537,000, of which none 
of the funds may be used for travel by the Office of the Director.

                      national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $1,129,987,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$547,891,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $426,043,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $148,114,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $469,197,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,080,018,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $1,517,006,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $524,807,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with 
respect to biomedical imaging and bioengineering research, 
$322,106,000.

                 national center for research resources

    For carrying out section 301 and title IV of the PHS Act with 
respect to research resources and general research support grants, 
$1,397,900,000: Provided, That not less than $330,598,000 is provided 
for the Institutional Development Awards program.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to complementary and alternative medicine, $131,002,000.

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with 
respect to minority health and health disparities research, 
$214,608,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the PHS Act), $71,328,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $387,153,000: Provided, 
That in fiscal year 2012, the National Library of Medicine may enter 
into personal services contracts for the provision of services in 
facilities owned, operated, or constructed under the jurisdiction of 
the National Institutes of Health: Provided further, That in addition 
to amounts provided herein, $8,200,000 shall be available from amounts 
available under section 241 of the PHS Act to carry out the purposes of 
the National Information Center on Health Services Research and Health 
Care Technology established under section 478A of the PHS Act and 
related health services.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health (``NIH''), $1,198,412,000, of 
which up to $25,000,000 shall be used to carry out section 213 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH shall collect third-party payments for the cost 
of clinical services that are incurred in NIH research facilities and 
that such payments shall be credited to the NIH Management Fund: 
Provided further, That all funds credited to the NIH Management Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That $193,880,000 shall be 
available for continuation of the National Children's Study: Provided 
further, That $556,890,000 shall be available for the Common Fund 
established under section 402A(c)(1) of the PHS Act: Provided further, 
That none of the funds provided for the Common Fund may be used to fund 
any Common Fund-supported initiatives for a period of more than 10 
fiscal years: Provided further, That up to $10,000,000 shall be 
available for the Director's Discretionary Fund, of which up to 
$2,000,000 may be used to establish the Cures Acceleration Board within 
the Office of the Director's Division of Program Coordination, 
Planning, and Strategic Initiatives to develop a plan with prioritized 
recommendations related to the Cures Acceleration Network for 
consideration in future appropriations: Provided further, That up to 
$10,000 shall be for official reception and representation expenses 
when specifically approved by the Director of the NIH: Provided 
further, That the Office of AIDS Research within the Office of the 
Director of the NIH may spend up to $8,000,000 to make grants for 
construction or renovation of facilities as provided for in section 
2354(a)(5)(B) of the PHS Act: Provided further, That the Director of 
the NIH shall ensure that at least 9,150 new and competing research 
project grants are awarded in fiscal year 2012 from all Institute, 
Center, and Office of the Director accounts within the ``Department of 
Health and Human Services, National Institutes of Health'': Provided 
further, That the Director of the NIH shall, with respect to the 
aggregate amount of funds appropriated to the NIH by this Act, maintain 
an allocation of 90 percent to extramural activities and 10 percent for 
intramural activities:  Provided further, That the Director of the NIH 
shall ensure that, of all funds made available to Institute, Center, 
and Office of the Director accounts within ``Department of Health and 
Human Services, National Institutes of Health'', at least $487,767,000 
is provided to the Clinical & Translational Sciences Awards program: 
Provided further, That the Director of the NIH may request to direct up 
to 1 percent of the total amount made available in this Act to all 
National Institutes of Health appropriations to activities the Director 
may so designate: Provided further, That no such appropriations shall 
be decreased by more than 1 percent by any such transfer and that the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer and 
approve such transfer.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $125,581,000, to 
remain available until September 30, 2016.

       Substance Abuse and Mental Health Services Administration

                             mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to mental health, and the Protection and Advocacy for Individuals with 
Mental Illness Act, $765,438,000: Provided, That notwithstanding 
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying 
out section 520A shall be available for carrying out section 1971 of 
the PHS Act: Provided further, That in addition to amounts provided 
herein, $20,997,000 shall be available under section 241 of the PHS Act 
to carry out subpart I of part B of title XIX of the PHS Act to fund 
section 1920(b) technical assistance, national data, data collection 
and evaluation activities, and further that the total available under 
this Act for section 1920(b) activities shall not exceed 5 percent of 
the amounts appropriated for subpart I of part B of title XIX: Provided 
further, That section 520E(b)(2) of the PHS Act shall not apply to 
funds appropriated under this Act for fiscal year 2012.

                            substance abuse

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to substance abuse, $2,199,360,000 : Provided, That in addition to 
amounts provided herein, the following amounts shall be available under 
section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of 
part B of title XIX of the PHS Act to fund section 1935(b) technical 
assistance, national data, data collection and evaluation activities 
under section 1935(b) of such Act, and further that the total available 
under this Act for section 1935(b) activities shall not exceed 5 
percent of the amounts appropriated for subpart II of part B of title 
XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs: 
Provided further, That no funds shall be available for the National All 
Schedules Prescription Reporting system.

                health surveillance and program support

    For program support in the Substance Abuse and Mental Health 
Services Administration, $122,116,000: Provided, That in addition to 
amounts provided herein, $29,346,000 shall be available under section 
241 of the PHS Act to supplement funds available to carry out national 
surveys on drug abuse and mental health, to collect and analyze program 
data, and to conduct public awareness and technical assistance 
activities: Provided further, That funds made available under this 
heading may be used to supplement program support funding provided 
under the headings ``Substance Abuse'', ``Mental Health'', and ``Cross-
Cutting Activities''.

                        cross-cutting activities

    For cross-cutting activities that supplement activities funded 
under the headings ``Substance Abuse'' and ``Mental Health'' in 
carrying out title V of the PHS Act, $10,000,000.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title 
XI of the Social Security Act, and section 1013 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until September 30, 2013: 
Provided, That the amount made available pursuant to section 937(c) of 
the PHS Act shall not exceed $324,294,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    Except as otherwise provided, for carrying out titles XI and XIX of 
the Social Security Act, $184,623,203,000, to remain available until 
expended.
    For making, after May 31, 2012, payments to States or in the case 
of section 1928 on behalf of States under title XIX of the Social 
Security Act (or in the case of section 1928 of such title, on behalf 
of states) for the last quarter of fiscal year 2012 for unanticipated 
costs incurred for the current fiscal year, such sums as may be 
necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act (or in the 
case of section 1928 of such title, on behalf of states) of Section for 
the first quarter of fiscal year 2013, $90,614,082,000, to remain 
available until expended.
    Payment under such title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved in that 
or any subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d)(3) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$231,012,000,000.
    In addition, for making matching payments under section 1844 and 
benefit payments under section 1860D-16 of the Social Security Act that 
were not anticipated in budget estimates, such sums as may be 
necessary.

                           program management

    Except as otherwise provided, for carrying out titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
PHS Act, and the Clinical Laboratory Improvement Amendments of 1988, 
not to exceed $3,173,005,000, to be transferred from the Federal 
Hospital Insurance Trust Fund and the Federal Supplementary Medical 
Insurance Trust Fund, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the PHS Act and section 1857(e)(2) of the Social 
Security Act, funds retained by the Secretary of Health and Human 
Services pursuant to section 302 of the Tax Relief and Health Care Act 
of 2006; and such sums as may be collected from authorized user fees 
and the sale of data, which shall be credited to this account and 
remain available until September 30, 2013: Provided, That no funds 
shall be provided to the Research, Demonstration, and Evaluation 
program: Provided further, That the level for Medical Operations shall 
be $2,103,266,000: Provided further, That the level for the Federal 
Administration Program shall be $675,263,000: Provided further, That 
all funds derived in accordance with section 9701 of Title 31, United 
States Code from organizations established under title XIII of the PHS 
Act shall be credited to and available for carrying out the purposes of 
this appropriation: Provided further, That $34,000,000, to remain 
available through September 30, 2013, shall be for contract costs for 
the Healthcare Integrated General Ledger Accounting System: Provided 
further, That none of the funds provided shall be used to support the 
Center for Consumer Information and Insurance Oversight or activities 
developed, administered, or implemented by this Center: Provided 
further, That the Secretary is directed to collect fees in fiscal year 
2012 from Medicare Advantage organizations pursuant to section 
1857(e)(2) of the Social Security Act and from eligible organizations 
with risk-sharing contracts under section 1876 of that Act pursuant to 
section 1876(k)(4)(D) of that Act: Provided further, That $44,000,000 
shall be available for the State high-risk health insurance pool 
program as authorized by the State High Risk Pool Funding Extension Act 
of 2006.

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $581,000,000, to remain available through 
September 30, 2013, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act, 
of which $332,301,000 shall be for the Medicare Integrity Program at 
the Centers for Medicare and Medicaid Services, including 
administrative costs, to conduct oversight activities for Medicare 
Advantage under Part C and the Medicare Prescription Drug Program under 
Part D of the Social Security Act and for activities described in 
section 1893(b) of such Act; of which $97,556,000 shall be for the 
Department of Health and Human Services Office of Inspector General to 
carry out fraud and abuse activities authorized by section 1817(k)(3) 
of such Act; of which $58,058,000 shall be for the Medicaid and 
Children's Health Insurance Program (``CHIP'') program integrity 
activities; and of which $93,085,000 shall be for the Department of 
Justice to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act: Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2012 shall 
include measures of the operational efficiency and impact on fraud, 
waste, and abuse in the Medicare, Medicaid, and CHIP programs from the 
funds provided by this appropriation: Provided further, That the 
Secretary of Health and Human Services shall support the full cost of 
the Senior Medicare Patrol program to combat health care fraud and 
abuse from the funds provided to this account.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 
of the Low Income Home Energy Assistance Act of 1981, $3,391,973,000: 
Provided, That notwithstanding section 2609A(a), of the amounts 
appropriated under section 2602(b), not more than $2,000,000 of such 
amounts may be reserved by the Secretary of Health and Human Services 
for monitoring program activities for compliance with internal 
controls, policies, and procedures.

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and the Trafficking Victims Protection Act 
of 2000, for costs associated with the care and placement of 
unaccompanied alien children, and for carrying out the Torture Victims 
Relief Act of 1998, $729,466,000, of which up to $9,794,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000: 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000 for fiscal year 2012 
shall be available for the costs of assistance provided and other 
activities to remain available through September 30, 2014.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,222,628,000 shall be used to supplement, not supplant, State 
general revenue funds for child care assistance for low-income 
families: Provided, That $18,922,000 shall be available for child care 
resource and referral and school-aged child care activities. Provided 
further, That, in addition to the amounts required to be reserved by 
the States under section 658G, $283,592,000 shall be reserved by the 
States for activities authorized under section 658G, of which 
$104,005,000 shall be for activities that improve the quality of infant 
and toddler care: Provided further, That $9,890,000 shall be for use by 
the Secretary of Health and Human Services for child care research, 
demonstration, and evaluation activities.

                      social services block grant

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

                children and families services programs

                     (including transfer of funds)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act of 2000, the Head Start Act, the Child Abuse Prevention 
and Treatment Act, sections 303 and 313 of the Family Violence 
Prevention and Services Act, the Native American Programs Act of 1974, 
title II of the Child Abuse Prevention and Treatment and Adoption 
Reform Act of 1978 (adoption opportunities), the Abandoned Infants 
Assistance Act of 1988, part B-1 of title IV and sections 413, 1110, 
and 1115 of the Social Security Act; for making payments under the 
Community Services Block Grant Act (``CSBG Act''), sections 439(i), 
473B, and 477(i) of the Social Security Act, and the Assets for 
Independence Act; and for necessary administrative expenses to carry 
out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960, the Low Income Home 
Energy Assistance Act of 1981, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assistance 
Act of 1980, $9,989,073,000, of which $39,421,000, to remain available 
through September 30, 2013, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2012: Provided, That $8,099,783,000 shall be for making payments 
under the Head Start Act: Provided further, That for purposes of 
allocating funds described by the immediately preceding proviso, the 
term ``base grant'' as used in subsection (a)(7)(A) of section 640 of 
such Act with respect to funding provided to a Head Start agency 
(including each Early Head Start agency) for fiscal year 2011 shall be 
calculated as described in such subsection and to such amount shall be 
added 50 percent of the amount of funds appropriated under the heading 
``Department of Health and Human Services, Administration for Children 
and Families, Children and Families Services Programs'' in Public Law 
111-5 and provided to such agency for carrying out expansion of Head 
Start programs, as that phrase is used in subsection (a)(4)(D) of such 
section 640, and provided to such agency as the ongoing funding level 
for operations in the 12-month period beginning in fiscal year 2011: 
Provided further, That of the amounts available for payments under the 
Head Start Act under this heading, notwithstanding subsections 
(a)(2)(C)(i) and (a)(3)(A)(ii)(II) of such section 640, not to exceed 
$20,000,000 shall be available for carrying out expansion of the Head 
Start programs described in subsection (a)(3)(A)(ii)(II)(bb) of such 
section 640:  Provided further, That $703,630,000 shall be for making 
payments under the CSBG Act, of which $25,340,000 shall be for sections 
680 and 678E(b)(2), of which not less than $20,000,000 shall be for 
section 680(a)(2), and of which $4,990,000 shall be for section 
680(a)(3)(B) of such Act: Provided further, That in addition to amounts 
provided herein, $5,762,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the provisions of section 
1110 of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity, as provided under the CSBG Act, and have 
not been expended by such entity, they shall remain with such entity 
for carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to grant funds 
provided under the CSBG Act made available after November 29, 1999: 
Provided further, That funds appropriated for section 680(a)(2) of the 
CSBG Act shall be available for financing construction and 
rehabilitation and loans or investments in private business enterprises 
owned by community development corporations: Provided further, That 
$1,996,000 shall be for a human services case management system for 
federally declared disasters, to include a comprehensive national case 
management contract and Federal costs of administering the system:  
Provided further, That up to $2,000,000 shall be for improving the 
Public Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system's 
effectiveness.

                   promoting safe and stable families

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

                payments for foster care and permanency

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

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, section 398 and title XXIX of the PHS Act, and 
section 119 of the Medicare Improvements for Patients and Providers Act 
of 2008, $1,471,324,000, of which up to $5,500,000 shall be available 
for activities regarding medication management, screening, and 
education to prevent incorrect medication and adverse drug reactions: 
Provided, That $819,353,000 shall be for grants to States for nutrition 
program activities: Provided further,  That $410,434,000 shall be for 
grants to States for home and community based services, preventive 
health, and protection of older Americans activities: Provided further, 
 That $160,288,000 shall be for grants to States for caregivers program 
activities: Provided further, That none of the funds provided shall be 
used to carry out sections 1701 and 1703 of the PHS Act (with respect 
to chronic disease self-management activity grants), except that such 
funds may be used for necessary expenses associated with administering 
any such grants awarded prior to the date of the enactment of this Act: 
 Provided further, That none of the funds provided may be used to 
support Program Innovation activities.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six passenger motor 
vehicles, and for carrying out titles III, XVII, and XXI of the PHS 
Act, the United States-Mexico Border Health Commission Act, and 
research studies under section 1110 of the Social Security Act, 
$343,280,000, and $55,394,000 from the amounts available under section 
241 of the PHS Act to carry out national health or human services 
research and evaluation activities: Provided, That of the amounts 
available under section 241 of the PHS Act, $53,891,000 shall be for 
minority AIDS prevention and treatment activities: Provided further, 
That of the funds made available under this heading, $40,000,000 shall 
be for making competitive contracts and grants to public and private 
entities to fund age appropriate programs that reduce teen pregnancy 
and for the Federal costs associated with administering and evaluating 
such contracts and grants, of which $20,000,000 shall be for making 
competitive grants to provide abstinence education (as defined by 
section 510(b)(2)(A)-(H) of the Social Security Act) to adolescents, 
and for Federal costs of administering the grant: Provided further, 
That grants made under the authority of section 510(b)(2)(A)-(H) of the 
Social Security Act shall be made only to public and private entities 
that agree that, with respect to an adolescent to whom the entities 
provide abstinence education under such grant, the entities will not 
provide to that adolescent any other education regarding sexual 
conduct, except that, in the case of an entity expressly required by 
law to provide health information or services the adolescent shall not 
be precluded from seeking health information or services from the 
entity in a different setting than the setting in which abstinence 
education was provided: Provided further, That funds provided in this 
Act for embryo adoption activities may be used to provide to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4).

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $28,051,000, which shall 
be available from amounts available under section 241 of the Public 
Health Service Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$50,178,000: Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary of Health 
and Human Services and investigating non-payment of child support cases 
for which non-payment is a Federal offense under 18 U.S.C. 228: 
Provided further, That at least 40 percent of the funds provided in 
this Act for the Office of Inspector General shall be used only for 
investigations, audits, and evaluations pertaining to the discretionary 
programs funded in this Act.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$37,709,000, together with not to exceed $3,307,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies and to pay the costs described in section 319F-
2(c)(7)(B) of the PHS Act, $543,114,000, of which $29,647,000 shall be 
to support preparedness and emergency operations.
    From funds transferred to this account pursuant to the fourth 
paragraph under this heading in Public Law 111-117, up to $415,000,000 
shall be available for expenses necessary to support advanced research 
and development pursuant to section 319L of the PHS Act, and other 
administrative expenses of the Biomedical Advanced Research and 
Development Authority to support additional advanced research and 
development.

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 208.  Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the PHS Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the PHS Act unless the 
applicant for the award certifies to the Secretary of Health and Human 
Services that it encourages family participation in the decision of 
minors to seek family planning services and that it provides counseling 
to minors on how to resist attempts to coerce minors into engaging in 
sexual activities.
    Sec. 210.  Notwithstanding any other provision of law, no provider 
of services under title X of the PHS Act shall be exempt from any State 
law requiring notification or the reporting of child abuse, child 
molestation, sexual abuse, rape, or incest.
    Sec. 211.  None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary of Health and Human 
Services denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because the entity 
informs the Secretary that it will not provide, pay for, provide 
coverage of, or provide referrals for abortions: Provided, That the 
Secretary shall make appropriate prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): Provided further, That nothing in this section 
shall be construed to change the Medicare program's coverage for such 
services and a Medicare Advantage organization described in this 
section shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
    Sec. 212.  In order for the Department of Health and Human Services 
to carry out international health activities, including HIV/AIDS, other 
infectious diseases, and chronic and environmental diseases, and other 
health activities abroad during fiscal year 2012:
            (1) The Secretary of Health and Human Services may exercise 
        authority equivalent to that available to the Secretary of 
        State in section 2(c) of the State Department Basic Authorities 
        Act of 1956. The Secretary of Health and Human Services shall 
        consult with the Secretary of State and relevant Chief of 
        Mission to ensure that the authority provided in this section 
        is exercised in a manner consistent with section 207 of the 
        Foreign Service Act of 1980 and other applicable statutes 
        administered by the Department of State.
            (2) The Secretary of Health and Human Services is 
        authorized to provide such funds by advance or reimbursement to 
        the Secretary of State as may be necessary to pay the costs of 
        acquisition, lease, alteration, renovation, and management of 
        facilities outside of the United States for the use of the 
        Department of Health and Human Services. The Department of 
        State shall cooperate fully with the Secretary of Health and 
        Human Services to ensure that the Department of Health and 
        Human Services has secure, safe, functional facilities that 
        comply with applicable regulations governing location, setback, 
        and other facilities requirements and serve the purposes 
        established by this Act. The Secretary of Health and Human 
        Services is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make 
        available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS, 
        other infectious diseases, and chronic and environmental 
        diseases, and other health activities abroad.
            (3) The Secretary of Health and Human Services is 
        authorized to provide to personnel appointed or assigned by the 
        Secretary to serve abroad, allowances and benefits similar to 
        those provided under chapter 9 of title I of the Foreign 
        Service Act of 1980, and subject to such regulations prescribed 
        by the Secretary. The Secretary is further authorized to 
        provide locality-based comparability payments (stated as a 
        percentage) up to the amount of the locality-based 
        comparability payment (stated as a percentage) that would be 
        payable to such personnel under section 5304 of title 5, United 
        States Code, if such personnel's official duty station were in 
        the District of Columbia. Leaves of absence for personnel under 
        this subsection shall be on the same basis as that provided 
        under subchapter I of chapter 63 of title 5, United States 
        Code, or section 903 of the Foreign Service Act of 1980, to 
        individuals serving in the Foreign Service.
    Sec. 213. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (``Director'') 
may use funds available under section 402(b)(7) or 402(b)(12) of the 
PHS Act to enter into transactions (other than contracts, cooperative 
agreements, or grants) to carry out research identified pursuant to 
such section 402(b)(7) (pertaining to the Common Fund) or research and 
activities described in such section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 214.  Notwithstanding any other provision of law, 
discretionary funds made available under this Act may be used to 
operate the Council on Graduate Medical Education established by 
section 301 of Public Law 102-408.
    Sec. 215.  Not to exceed  $45,000,000 of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $3,500,000 per project.
    Sec. 216.  None of the funds appropriated by this Act may be made 
available for sections 4001, 4004, and 4201 of Public Law 111-148.

                          (transfer of funds)

    Sec. 217.  Of the amounts made available for the National 
Institutes of Health, 1 percent of the amount made available for 
National Research Service Awards (``NRSA'') shall be made available to 
the Administrator of the Health Resources and Services Administration 
to make NRSA awards for research in primary medical care to individuals 
affiliated with entities who have received grants or contracts under 
section 747 of the PHS Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the Agency for 
Healthcare Research and Quality to make NRSA awards for health service 
research.
    Sec. 218.  Notwithstanding any other provision of law, none of the 
discretionary funds appropriated by this Act may be used to support any 
patient-centered outcomes research.
    Sec. 219.  None of the funds made available in this title may be 
used, in whole or in part, to advocate or promote gun control.
    Sec. 220.  Notwithstanding any other provision of law, not more 
than one percent of all title 42 employees may receive a salary that 
exceeds Executive Level III.
    Sec. 221.  None of the funds appropriated or otherwise made 
available in this Act may be expended to further creation of a 
Federally Funded Research and Development Center (``FFRDC'') at the 
Centers for Medicare and Medicaid Services or create an FFRDC within 
the Department of Health and Human Services, prior to submission of a 
specific request by the Secretary of Health and Human Services to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the planned uses of the proposed FFRDC and the 
Committees provide written approval.
    Sec. 222.  None of the funds appropriated in this Act may be used 
to carry-out title X of the PHS Act.
    Sec. 223.  None of the funds appropriated in this Act may be used 
for the Healthy Foods Financing Initiative.
    Sec. 224.  None of the funds made available in this Act may be used 
to promulgate, implement, or enforce any expansion of liability or 
fines under the Emergency Medical Treatment and Labor Act (Sections 
1866(a)(1)(I), 1866(a)(1)(N), and 1867 of the Social Security Act).
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2012''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (referred to in this Act as the ``ESEA'') and section 418A 
of the Higher Education Act of 1965, $15,949,319,000, of which 
$2,624,555,000 shall become available on July 1, 2012, and shall remain 
available through September 30, 2013, and of which $13,279,177,000 
shall become available on October 1, 2012, and shall remain available 
through September 30, 2013, for academic year 2012-2013: Provided, That 
$6,584,750,000 shall be for basic grants under section 1124 of the 
ESEA: Provided further, That up to $4,000,000 of these funds shall be 
available to the Secretary of Education on October 1, 2011, to obtain 
annually updated local educational-agency-level census poverty data 
from the Bureau of the Census: Provided further, That $1,362,301,000 
shall be for concentration grants under section 1124A of the ESEA: 
Provided further, That $3,758,183,000 shall be for targeted grants 
under section 1125 of the ESEA: Provided further, That $3,758,183,000 
shall be for education finance incentive grants under section 1125A of 
the ESEA: Provided further, That $5,000,000 shall be to carry out 
sections 1501 and 1503 of the ESEA: Provided further, That the ESEA 
title I, part A funds awarded to local educational agencies under the 
American Recovery and Reinvestment Act of 2009 for fiscal year 2009 
shall not be considered for the purpose of calculating hold-harmless 
amounts under sections 1122(c) and 1125A(g)(3) in making allocations 
under title I, part A for fiscal year 2012 and succeeding years.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,308,631,000, of which 
$1,170,724,000 shall be for basic support payments under section 
8003(b), $48,505,000 shall be for payments for children with 
disabilities under section 8003(d), $17,474,000 shall be for 
construction under section 8007(a) and shall remain available through 
September 30, 2012, $67,074,000 shall be for Federal property payments 
under section 8002, and $4,854,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 8003(a) for school year 2011-2012, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to the 
death of a military parent or legal guardian while on active duty (so 
long as such children reside on Federal property as described in 
section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change in 
eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by part A 
of title II, part B of title IV, parts A and B of title VI, and parts B 
and C of title VII of the ESEA; the McKinney-Vento Homeless Assistance 
Act; section 203 of the Educational Technical Assistance Act of 2002; 
the Compact of Free Association Amendments Act of 2003; and the Civil 
Rights Act of 1964, $4,332,102,000, of which $2,571,034,000 shall 
become available on July 1, 2012, and remain available through 
September 30, 2013, and of which $1,681,441,000 shall become available 
on October 1, 2012, and shall remain available through September 30, 
2013, for academic year 2012-2013: Provided, That $379,951,000 shall be 
for State assessments authorized under section 6111 of the ESEA and 
$10,000,000 shall be for enhanced assessment instruments authorized 
under section 6112 of the ESEA: Provided further, That the Secretary 
shall implement part C of title VII of the ESEA without regard to the 
requirements of section 7304(d)(2): Provided further, That $8,000,000 
shall be available to carry out section 203 of the Educational 
Technical Assistance Act of 2002: Provided further, That $17,652,000 
shall be available to carry out the Supplemental Education Grants 
program for the Federated States of Micronesia and the Republic of the 
Marshall Islands: Provided further, That up to 5 percent of these 
amounts may be reserved by the Federated States of Micronesia and the 
Republic of the Marshall Islands to administer the Supplemental 
Education Grants programs and to obtain technical assistance, oversight 
and consultancy services in the administration of these grants and to 
reimburse the Departments of Labor, Health and Human Services, and 
Education for such services.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the ESEA, $132,027,000.

                       Innovation and Improvement

    For carrying out activities authorized by part C of title II, and 
parts B, C, and D of title V of the ESEA, $821,411,000: Provided, That 
$399,200,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That $399,200,000 of the funds for subpart 1 of 
part D of title V of the ESEA shall be for competitive grants to local 
educational agencies, including charter schools that are local 
educational agencies, or States, or partnerships of: (1) a local 
educational agency, a State, or both; and (2) at least one nonprofit 
organization to develop and implement performance-based compensation 
systems for teachers, principals, and other personnel in high-need 
schools: Provided further, That such performance-based compensation 
systems must consider gains in student academic achievement as well as 
classroom evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to take on 
additional responsibilities and leadership roles: Provided further, 
That up to 5 percent of such funds for competitive grants shall be 
available for technical assistance, training, peer review of 
applications, program outreach, and evaluation activities and that 95 
percent shall become available on July 1, 2012, and remain available 
through September 30, 2013, for competitive grants: Provided further, 
That of the funds available for part B of title V of the ESEA the 
Secretary may use up to $125,000,000 to carry out activities under 
section 5205(b), under subpart 2, and to make multiple awards for 
grants and subgrants to not-for-profit charter management organizations 
and other not-for-profit entities for the replication and expansion of 
successful charter school models and may reserve up to $10,000,000 to 
carry out the activities described in section 5205(a), including by 
providing technical assistance and grants to authorized public 
chartering agencies to increase the number of high-performing charter 
schools and to improve the quality of such schools: Provided further, 
That each application submitted pursuant to section 5203(a) shall 
describe a plan to monitor and hold accountable authorized public 
chartering agencies through such activities as providing technical 
assistance or establishing a professional development program, which 
may include evaluation, planning, training, and systems development for 
staff of authorized public chartering agencies to improve the capacity 
of such agencies in the State to authorize, monitor, and hold 
accountable charter schools: Provided further, That each application 
submitted pursuant to section 5203(a) shall contain assurances that 
State law, regulations, or other policies require that: (1) each 
authorized charter school in the State operate under a legally binding 
charter or performance contract between itself and the school's 
authorized public chartering agency that describes the obligations and 
responsibilities of the school and the public chartering agency; 
conduct annual, timely, and independent audits of the school's 
financial statements that are filed with the school's authorized public 
chartering agency; and demonstrate improved student academic 
achievement; and (2) authorized public chartering agencies use 
increases in student academic achievement for all groups of students 
described in section 1111(b)(2)(C)(v) of the ESEA as the most important 
factor when determining to renew or revoke a school's charter.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by part A of title IV of the 
ESEA, $65,000,000.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $733,531,000, 
which shall become available on July 1, 2012, and shall remain 
available through September 30, 2013, except that 6.5 percent of such 
amount shall be available on October 1, 2011, and shall remain 
available through September 30, 2013, to carry out activities under 
section 3111(c)(1)(C): Provided, That the Secretary of Education shall 
use estimates of the American Community Survey child counts for the 
most recent 3-year period available to calculate allocations under such 
part.

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(referred to in this Act as the ``IDEA''), $13,757,844,000, of which 
$4,924,727,000 shall become available on July 1, 2012, and shall remain 
available through September 30, 2013, and of which $8,592,383,000 shall 
become available on October 1, 2012, and shall remain available through 
September 30, 2013, for academic year 2012-2013: Provided, That the 
amount for section 611(b)(2) of the IDEA shall be equal to the lesser 
of the amount available for that activity during fiscal year 2011, 
increased by the amount of inflation as specified in section 
619(d)(2)(B) of the IDEA, or the percentage change in the funds 
appropriated under section 611(i) of the IDEA, but not less than the 
amount for that activity during fiscal year 2011.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,522,686,000: Provided, That 
not less than 25 percent of the State grants awarded under section 4 of 
the Assistive Technology Act of 1998 shall be for alternative financing 
programs that meet the requirements under sections 301(b), 303(b)(3), 
and 304(a), as such sections were in effect on the day before the date 
of enactment of the Assistive Technology Act of 2004.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

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

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $65,546,000, of which 
$240,000 shall be for construction and shall remain available until 
expended: Provided, That from the total amount available, the Institute 
may at its discretion use funds for the endowment program as authorized 
under section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $122,754,000, of which $4,754,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006, the Adult Education 
and Family Literacy Act (referred to in this Act as the ``AEFLA''), 
$1,738,946,000, of which $947,946,000 shall become available on July 1, 
2012, and shall remain available through September 30, 2013, and of 
which $791,000,000 shall become available on October 1, 2012, and shall 
remain available through September 30, 2013: Provided, That of the 
amount provided for Adult Education State Grants, $75,000,000 shall be 
made available for integrated English literacy and civics education 
services to immigrants and other limited-English proficient 
populations: Provided further, That of the amount reserved for 
integrated English literacy and civics education, notwithstanding 
section 211 of the AEFLA, 65 percent shall be allocated to States based 
on a State's absolute need as determined by calculating each State's 
share of a 10-year average of the United States Citizenship and 
Immigration Services data for immigrants admitted for legal permanent 
residence for the 10 most recent years, and 35 percent allocated to 
States that experienced growth as measured by the average of the 3 most 
recent years for which United States Citizenship and Immigration 
Services data for immigrants admitted for legal permanent residence are 
available, except that no State shall be allocated an amount less than 
$60,000: Provided further, That of the amounts made available for 
AEFLA, $11,323,000 shall be for national leadership activities under 
section 243.

                      Student Financial Assistance

    For carrying out subparts 1 and 3 of part A, and part C of title IV 
of the Higher Education Act of 1965, $22,367,521,000, which shall 
remain available through September 30, 2013.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2012-2013 shall be $4,860: Provided, That if the Secretary 
determines, prior to publication of the payment schedule for such award 
year, that the amount appropriated or otherwise made available by this 
Act or any other Act for Pell Grant awards in such award year, and any 
funds available from the fiscal year 2011 appropriation for Pell Grant 
awards, are insufficient to satisfy fully all such awards for which 
students are eligible, as calculated under section 401(b) of the Higher 
Education Act of 1965, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 4, 9 and 10 of part A, and parts B, C, D, and E of 
title IV of the Higher Education Act of 1965, $992,012,000: Provided, 
That not less than $370,314,000 shall be used to carry out loan 
servicing activities.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the Higher Education Act of 1965 (referred 
to in this Act as the ``HEA'') and section 117 of the Carl D. Perkins 
Career and Technical Education Act of 2006, $1,628,052,000: Provided, 
That $600,000 shall be for data collection and evaluation activities 
for programs under the HEA, including such activities needed to comply 
with the Government Performance and Results Act of 1993.

                           Howard University

    For partial support of Howard University, $234,507,000, of which 
not less than $3,593,000 shall be for a matching endowment grant 
pursuant to the Howard University Endowment Act and shall remain 
available until expended.

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $20,188,000, as authorized 
pursuant to part D of title III of the HEA: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $279,393,000.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $353,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $620,903,000, of which $551,253,000 shall be available 
through September 30, 2013: Provided, That up to $10,000,000 of the 
funds available to carry out section 208 of the Educational Technical 
Assistance Act may be used for State data coordinators and for awards 
to public or private organizations or agencies to improve data 
coordination, quality, and use.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $449,815,000, of which $2,711,000 to remain 
available until expended, shall be for relocation of, and renovation of 
buildings occupied by, Department staff.

                        office for civil rights

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

                    office of the inspector general

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

                           General Provisions

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

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer and 
approve such transfer.
    Sec. 305.  The Outlying Areas may consolidate funds received under 
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the 
Elementary and Secondary Education Act.
    Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 
be applied by substituting ``2012'' for ``2009.''
    Sec. 307.  None of the funds made available by this Act may be used 
to--
            (1) implement, administer, or enforce the final regulations 
        on ``Program Integrity: Gainful Employment-New Programs'' 
        published by the Department of Education in the Federal 
        Register on October 29, 2010 (75 Fed. Reg. 66665 et seq.);
            (2) implement, administer, or enforce the final regulations 
        on ``Program Integrity: Gainful Employment'' published by the 
        Department of Education on June 13, 2011 (76 Fed. Reg. 34386 et 
        seq.);
            (3) implement, administer, or enforce section 668.6 of 
        title 34, Code of Federal Regulations (relating to gainful 
        employment), as amended by the final regulations published by 
        the Department of Education in the Federal Register on October 
        29, 2010 (75 Fed. Reg. 66832 et seq.); or
            (4) promulgate or enforce any new regulation or rule with 
        respect to the definition or application of the term ``gainful 
        employment'' under the Higher Education Act of 1965 on or after 
        the date of enactment of this Act.
    Sec. 308.  None of the funds made available by this Act may be used 
to--
            (1) implement, administer, or enforce section 600.4(a)(3), 
        600.5(a)(4), 600.6(a)(3), 600.9, or 668.43(b) of title 34, Code 
        of Federal Regulations (relating to State authorization), as 
        added or amended by the final regulations published by the 
        Department of Education in the Federal Register on October 29, 
        2010 (75 Fed. Reg. 66832 et seq.); or
            (2) implement, administer, or enforce the definition of the 
        term ``credit hour'' in section 600.2 of title 34, Code of 
        Federal Regulations, as added by the final regulations 
        published by the Department of Education in the Federal 
        Register on October 29, 2010 (75 Fed. Reg. 66946), or 
        subsection (k)(2)(ii) of section 668.8 of such title, as 
        amended by such final regulations (75 Fed. Reg. 66949 et seq.).
    Sec. 309. (a) Federal Pell Grant Eligibility.--
            (1) No less than half-time.--Section 401(b)(2)(B) of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(B)) is 
        amended by striking ``basis (including a student who attends an 
        institution of higher education on less than a half-time 
        basis)'' and inserting ``basis, but at least a half-time 
        basis,''.
            (2) Minimum level.--Section 401(b)(4) of such Act (20 
        U.S.C. 1070a(b)(4)) is amended by striking ``, except that'' 
        and all that follows and inserting a period.
            (3) Duration of award period.--Section 401(c)(5) of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a(c)(5)) is 
        amended--
                    (A) by striking ``18'' each place it appears and 
                inserting ``12''; and
                    (B) by striking the last sentence.
    (b) Income Protection Allowance.--
            (1) Dependent students.--Subparagraph (D) of section 
        475(g)(2) of the Higher Education Act of 1965 (20 U.S.C. 
        1087oo(g)(2)(D) is amended to read as follows:
                    ``(D) an income protection allowance of $3,290 (or 
                a successor amount prescribed by the Secretary under 
                section 478);''.
            (2) Independent students without dependents other than a 
        spouse.--Clause (iv) of section 476(b)(1)(A) of such Act (20 
        U.S.C. 1087pp(b)(1)(A)(iv)) is amended to read as follows:
                            ``(iv) an income protection allowance of 
                        the following amount (or a successor amount 
                        prescribed by the Secretary under section 
                        478)--
                                    ``(I) $6,620 for single students;
                                    ``(II) $6,620 for married students 
                                where both are enrolled pursuant to 
                                subsection (a)(2); and
                                    ``(III) $10,620 for married 
                                students where one is enrolled pursuant 
                                to subsection (a)(2);''.
            (3) Independent students with dependents other than a 
        spouse.--Paragraph (4) of section 477(b) of such Act (20 U.S.C. 
        1087qq(b)) is amended to read as follows:
            ``(4) Income protection allowance.--The income protection 
        allowance is determined by the following table (or a successor 
        table prescribed by the Secretary under section 478):

                                          ``Income Protection Allowance
 
                   Family Size                                           Number in College
----------------------------------------------------------------------------------------------------------------
                                                                                                       For each
               (including student)                    1         2         3          4         5      additional
                                                                                                      subtract:
----------------------------------------------------------------------------------------------------------------
                        2                          $16,780   $13,910                                      $2,860
                        3                           20,880    18,030    $15,170  ........  ........  ...........
                        4                           25,800    22,930     20,070   $17,200  ........  ...........
                        5                           30,440    27,560     24,710    21,850   $18,990  ...........
                        6                           35,600    32,730     29,880    27,000    24,160  ...........
For each
additional
  add:                                               4,020     4,020      4,020     4,020     4,020          ''.
----------------------------------------------------------------------------------------------------------------

            (4) Updated tables.--Section 478(b) of the Higher Education 
        Act of 1965 is amended to read as follows:
    ``(b) Income Protection Allowance..--
            ``(1) Revised tables.--For each academic year after 
        academic year 2012-2013, the Secretary shall develop a revised 
        table or list, as appropriate, of income protection allowances 
        under sections 475(g)(2)(D), 476(b)(1)(A)(iv), and 477(b)(4) by 
        increasing each of the dollar amounts contained in each such 
        table or list by a percentage equal to the estimated percentage 
        increase in the Consumer Price Index (as determined by the 
        Secretary) between December 2011 and the December next 
        preceding the beginning of such academic year, and rounding the 
        result to the nearest $10.
            ``(2) Table for parents.--For each academic year after 
        academic year 2008-2009, the Secretary shall develop the 
        revised table of income protection allowances under section 
        475(c)(4) by increasing each of the dollar amounts contained in 
        the table by a percentage equal to the estimated percentage 
        increase in the Consumer Price Index (as determined by the 
        Secretary) between December 1992 and the December next 
        preceding the beginning of such academic year, and rounding the 
        result to the nearest $10''.
    (c) Zero Expected Family Contribution.--Section 479(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1087ss(c)) is amended--
            (1) in paragraph (1)(B), by striking ``$30,000'' and 
        inserting ``$15,000''; and
            (2) in paragraph (2)(B), by striking ``$30,000'' and 
        inserting ``$15,000''.
    (d) Definition of Untaxed Income.--Section 480(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1087vv) is amended to read as follows:
    ``(b) Untaxed Income and Benefits.--The term `untaxed income and 
benefits' means--
            ``(1) child support received;
            ``(2) workman's compensation;
            ``(3) veteran's benefits such as death pension, dependency, 
        and indemnity compensation, but excluding veterans' education 
        benefits as defined in subsection (c);
            ``(4) interest on tax-free bonds;
            ``(5) housing, food, and other allowances (excluding rent 
        subsidies for low-income housing) for military, clergy, and 
        others (including cash payments and cash value of benefits), 
        except that the value of on-base military housing or the value 
        of basic allowance for housing determined under section 403(b) 
        of title 37, United States Code, received by the parents, in 
        the case of a dependent student, or the student or student's 
        spouse, in the case of an independent student, shall be 
        excluded;
            ``(6) cash support or any money paid on the student`s 
        behalf, except, for dependent students, funds provided by the 
        student's parents;
            ``(7) untaxed portion of pensions;
            ``(8) payments to individual retirement accounts and Keogh 
        accounts excluded from income for Federal income tax purposes;
            ``(9) the amount of additional child tax credit claimed for 
        Federal income tax purposes;
            ``(10) welfare benefits, including assistance under a State 
        program funded under part A of title IV of the Social Security 
        Act and aid to dependent children;
            ``(11) the amount of earned income credit claimed for 
        Federal income tax purposes;
            ``(12) the amount of credit for Federal tax on special 
        fuels claimed for Federal income tax purposes;
            ``(13) the amount of foreign income excluded for purposes 
        of Federal income taxes;
            ``(14) untaxed social security benefits; and
            ``(15) any other untaxed income and benefits, such as Black 
        Lung Benefits, Refugee Assistance, or railroad retirement 
        benefits, or benefits received through participation in 
        employment and training activities under title I of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).''.
    (e) Students Who Are Not High School Graduates.--
            (1) Amendment.--Section 484(d) of the Higher Education Act 
        of 1965 (20 U.S.C. 1091(d)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``meet one of the following standards:'';
                    (B) by striking paragraphs (1), (2), and (4); and
                    (C) in paragraph (3), by striking ``(3) The student 
                has'' and inserting ``have''.
            (2) Conforming change.--Section 101(a)(1) of such Act (20 
        U.S.C. 1001(a)(1)) is amended by striking ``section 484(d)(3)'' 
        and inserting ``section 484(d)''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2012.
    (g) Inapplicability of Negotiated Rulemaking.--Sections 482(c) and 
492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) 
shall not apply to the amendments made by this section, or to any 
regulations promulgated under those amendments.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2012''.

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (``the Corporation'') to carry out title II of the 
Domestic Volunteer Service Act of 1973, $207,833,000.

                         salaries and expenses

    For close out activities of the Corporation for National and 
Community Service, as provided under section 501(a)(5) of the National 
and Community Service Act of 1990 and under section 504(a) of the 
Domestic Volunteer Service Act of 1973, $65,868,000.

                      office of inspector general

    For close out activities of the Office of Inspector General, as 
established by the Inspector General Act of 1978, $5,763,000.

                       administrative provisions

    Sec. 401.  AmeriCorps programs receiving grants under the National 
Service Trust program shall meet an overall minimum share requirement 
of 24 percent for the first three years that they receive AmeriCorps 
funding, and thereafter shall meet the overall minimum share 
requirement as provided in section 2521.60 of title 45, Code of Federal 
Regulations, without regard to the operating costs match requirement in 
section 121(e) or the member support Federal share limitations in 
section 140 of the National and Community Service Act of 1990, and 
subject to partial waiver consistent with section 2521.70 of title 45, 
Code of Federal Regulations.

                  Corporation for Public Broadcasting

    Of the funds provided to the ``Corporation for Public 
Broadcasting'' in title IV of division D of Public Law 111-117 for 
fiscal year 2012, $6,000,000 shall support the digitization program: 
Provided, That none of the funds made available to the Corporation for 
Public Broadcasting in title IV of division D of Public Law 111-117 for 
fiscal year 2012 may be used to pay dues to, acquire programs from, or 
otherwise support National Public Radio.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$46,250,000: Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organizations, 
and for arbitration services shall be credited to and merged with this 
account, and shall remain available until expended: Provided further, 
That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $22,417,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$226,362,000: Provided, That none of the funds made available in this 
account be used to pay indirect cost rates on a contract, grant, or 
cooperative agreement (or similar arrangement) entered into by the 
Institute of Museum and Library Services in excess of 25 percent of the 
total direct cost of the contract, grant, or agreement (or similar 
arrangement).

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,472,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $4,500,000.

                     National Council on Disability

                         salaries and expenses

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

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $233,700,000: Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, 
and as defined in section 3(f) of the Act of June 25, 1938, and 
including in said definition employees engaged in the maintenance and 
operation of ditches, canals, reservoirs, and waterways when maintained 
or operated on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes.

                       administrative provisions

    Sec. 402.  None of the funds made available by this Act may be used 
to implement, create, apply, or enforce through prosecution, 
adjudication, rulemaking, or the issuing of any interpretation, 
opinion, certification, decision, or policy, any standard for initial 
bargaining unit determinations that conflicts with the standard 
articulated in the majority opinion in Wheeling Island Gaming Inc. and 
United Food and Commercial Workers International Union, Local 23, 355 
NLRB 127 (August 27, 2010) (including the majority opinion in footnote 
2), except for unit determinations currently governed by NLRB Rule Sec. 
103.30 for employers currently covered by such rules.
    Sec. 403.  None of the funds made available by this Act may be used 
to implement, create, apply, or enforce through prosecution, 
adjudication, rulemaking, or the issuing of any interpretation, 
opinion, certification, decision, or policy, any standard for secret-
ballot elections that conflicts with the standard articulated in the 
majority opinion in Dana Corp., 351 NLRB 434 (2007).
    Sec. 404.  None of the funds provided by this Act or previous Acts 
making appropriations for the National Labor Relations Board may be 
used to issue any new administrative directive or regulation that would 
provide employees any means of voting through any electronic means that 
enables off-site, remote, or otherwise absentee voting in an election 
to determine a representative for the purposes of collective 
bargaining.
    Sec. 405.  None of the funds made available by this Act may be used 
to promulgate or implement a final rule amending parts 101, 102, and 
103 of title 29, Code of Federal Regulations, (relating to the filing 
and processing of petitions related to the representation of employees 
for the purposes of collective bargaining with their employer), 
including the proposed rulemaking published by the National Labor 
Relations Board in the Federal Register on June 22, 2011 (76 Fed. Reg. 
36812 et seq.).
    Sec. 406.  None of the funds made available by this Act may be used 
to implement or enforce the final rule governing the notification of 
employee rights under the National Labor Relations Act (Regulatory 
Identification Number 3142-AA07) published by the National Labor 
Relations Board in the Federal Register on August 30, 2011 (76 Fed. 
Reg. 54006 et seq.).
    Sec. 407.  None of the funds made available by this Act may be used 
for the exercise of jurisdiction by the National Labor Relations Board 
over any entity that meets the definition of a small business concern 
under part 121 of title 13, Code of Federal Regulations.

                        National Mediation Board

                         salaries and expenses

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

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

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

          federal payments to the railroad retirement accounts

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

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $110,573,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General 
(``Office'') for audit, investigatory and review activities, as 
authorized by the Inspector General Act of 1978, not more than 
$8,170,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account: Provided, That, except as 
authorized pursuant to the last proviso under this heading in title IV 
of division G of the Consolidated Appropriations Act (2008) (Public Law 
110-161; 121 statute 2205), none of the funds made available in any 
other paragraph of this Act may be transferred to the Office; used to 
carry out any such transfer; used to provide any office space, 
equipment, office supplies, communications facilities or services, 
maintenance services, or administrative services for the Office; used 
to pay any salary, benefit, or award for any personnel of the Office; 
used to pay any other operating expense of the Office; or used to 
reimburse the Office for any service provided, or expense incurred, by 
the Office.

                     Social Security Administration

                payments to social security trust funds

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

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$38,062,428,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury: Provided further, That not more than $17,428,000 shall be 
available for research and demonstrations under sections 1110 and 1114 
of the Social Security Act and remain available until the end of fiscal 
year 2013: Provided further, That from the funds provided for research 
and demonstration of section 1110 of the Social Security Act, up to 
$10,000,000 shall be available to provide incentives payments and to 
conduct a rigorous evaluation of a demonstration project designed to 
improve the outcomes for SSI child recipients and their families: 
Provided further, That for the previous proviso the Commissioner is 
authorized to waive any of the requirements, conditions, or limitations 
of title XVI of the Social Security Act, and is authorized to waive any 
requirements related to the conduct of research or demonstration 
projects, where appropriate.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2013, $18,200,000,000, to 
remain available until expended.

                 limitation on administrative expenses

                     (including transfer of funds)

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $20,000 for official reception and 
representation expenses, not more than $10,981,494,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to in such section: Provided, 
That not less than $2,150,000 shall be for the Social Security Advisory 
Board: Provided further, That up two percent of these funds may be used 
to support Program Integrity activity:  Provided further, That funds 
made available in this paragraph and remaining unobligated at the end 
of fiscal year 2012 may be placed, not later than the end of the fifth 
fiscal year after the last fiscal year for which such funds are 
available for the purposes for which appropriated, in an IT and 
Telecommunications Investment Fund (``ITT Fund'') to be established 
within this account where such funds shall remain available until 
expended for investments in Social Security Administration information 
technology and telecommunications hardware and software infrastructure, 
including related equipment and non-payroll administrative expenses: 
Provided further, That unobligated balances of appropriations made to 
this account in prior fiscal years that remain available for the 
purposes specified in the preceding proviso may also be placed in the 
ITT Fund not later than the end of the fifth fiscal year after the last 
fiscal year for which such funds are available for the purposes for 
which such funds were appropriated: Provided further, That hereafter 
the Commissioner of the Social Security Administration shall provide 
information to the Committees on Appropriations of the House of 
Representatives and the Senate each year, at the same time the 
President's budget is submitted to Congress, regarding actual or 
estimated amounts placed in, and obligated and expended from, the ITT 
Fund during the preceding, current, and succeeding fiscal years, 
including the nature and purposes of all such obligations and 
expenditures, and regarding the balances remaining (or expected to 
remain) in the ITT Fund as of the close of each such fiscal year: 
Provided further, That reimbursement to the trust funds under this 
heading for expenditures for official time for employees of the Social 
Security Administration pursuant to section 7131 of title 5, United 
States Code, and for facilities or support services for labor 
organizations pursuant to policies, regulations, or procedures referred 
to in section 7135(b) of such title shall be made by the Secretary of 
the Treasury, with interest, from amounts in the general fund of the 
Treasury not otherwise appropriated, as soon as possible after such 
expenditures are made.
    In addition, $163,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2012 
exceed $163,000,000, the amounts shall be available in fiscal year 2013 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                           program integrity

    For necessary expenses, not more than $896,000,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That such 
funds may only be used for the costs associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act and for the costs associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act: Provided further, That the Commissioner shall provide to the 
Congress (at the conclusion of the fiscal year) a report on the 
obligation and expenditure of these funds, similar to the reports that 
were required by section 103(d)(2) of Public Law 104-121 for fiscal 
years 1996 through 2002.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$30,000,000, together with not to exceed $77,113,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer and approve such 
transfer.

                      TITLE V--GENERAL PROVISIONS

                          (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this or any 
other Act shall be used, other than for normal and recognized executive 
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, electronic communication, radio, television, or video 
presentation designed to support or defeat the enactment of legislation 
before the Congress or any State or local legislature or legislative 
body, except in presentation to the Congress or any State or local 
legislature itself or designed to support or defeat any proposed or 
pending regulation, administrative action, or order issued by the 
Executive Branch of any State or local government;
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence the enactment of legislation, appropriations, regulation, 
administrative action, or executive order proposed or pending before 
the Congress or any State government, State legislature or local 
legislature or legislative body;
    (c) The prohibitions in paragraphs (a) and (b) shall include any 
activity to advocate or promote any pending or future Federal, state or 
local tax increase or any pending or future requirement or restriction 
on any legal consumer product, including its sale or marketing, 
including but not limited to the study, advocacy and promotion of gun 
control;
    (d) None of the funds made available to the Department of Health 
and Human Services under Section 4002 of Public Law 111-148 shall be 
used in whole or in part to fund any projects or activities not subject 
to reporting requirements equivalent to those specified in Section 1512 
of Public Law 111-5.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and Expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 506. (a) None of the funds appropriated in this Act, none of 
the funds in any trust fund to which funds are appropriated in this 
Act, and none of the funds made available by Public Law 111-148 or 
title I or subtitle B of title II of Public Law 111-152 shall be 
expended for any abortion.
    (b) None of the funds appropriated in this Act, none of the funds 
in any trust fund to which funds are appropriated in this Act, and none 
of the funds made available by Public Law 111-148 or title I or 
subtitle B of title II of Public Law 111-152 shall be expended for 
health benefits coverage that includes coverage of abortion.
    (c) The term health benefits coverage means the package of services 
covered by a managed care provider or organization pursuant to a 
contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term health care entity includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 508. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term human embryo or embryos 
includes any organism, not protected as a human subject under 45 CFR 46 
as of the date of the enactment of this Act, that is derived by 
fertilization, parthenogenesis, cloning, or any other means from one or 
more human gametes or human diploid cells.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that Federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 510.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 511.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 513.  None of the funds made available by this Act to carry 
out the Library Services and Technology Act may be made available to 
any library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 514.  None of the funds made available by this Act to carry 
out part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 515. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless approved by the Committees on Appropriations of the House of 
Representatives and the Senate 15 days in advance of such 
reprogramming.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless approved by the Committees on Appropriations of the House of 
Representatives and the Senate 15 days in advance of such 
reprogramming.
    Sec. 516. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate information that is deliberately false or misleading.
    Sec. 517.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2012 that are different than those 
specified in this Act, the accompanying detailed table in the committee 
report, or the fiscal year 2012 budget request.
    Sec. 518.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $100,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2012, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 519.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 520.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of 
the claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 521.  None of the funds appropriated by this Act may be used 
by the Commissioner of Social Security or the Social Security 
Administration to pay the compensation of employees of the Social 
Security Administration to administer Social Security benefit payments, 
under any agreement between the United States and Mexico establishing 
totalization arrangements between the social security system 
established by title II of the Social Security Act and the social 
security system of Mexico, which would not otherwise be payable but for 
such agreement.
    Sec. 522.  None of the funds made available in this Act may be used 
in contravention of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
    Sec. 523.  Notwithstanding any other provision of this Act, no 
funds appropriated in this Act shall be used to carry out any program 
of distributing sterile needles or syringes for the hypodermic 
injection of any illegal drug.
    Sec. 524.  None of the funds made available by this Act may be made 
available for any purpose to Planned Parenthood Federation of America, 
Inc. or any affiliate or clinic of Planned Parenthood Federation of 
America, Inc. unless such entities certify that Planned Parenthood 
Federation of America affiliates and clinics will not perform, and will 
not provide any funds to any other entity that performs, an abortion.
            (1) This limitation shall not apply to an abortion:
                    (A) if the pregnancy is the result of an act of 
                rape or incest; or
                    (B) in the case where a woman suffers from a 
                physical disorder, physical injury, or physical illness 
                that would, as certified by a physician, place the 
                woman in danger of death unless an abortion is 
                performed, including a life-endangering physical 
                condition caused by or arising from the pregnancy 
                itself.
            (2) The Secretary of Health and Human Services shall seek 
        repayment of any Federal assistance received by Planned 
        Parenthood Federation of America, Inc., or any affiliate or 
        clinic of Planned Parenthood Federation of America, Inc., if it 
        violates the terms of the certification required by this 
        section.
    Sec. 525.  None of the funds made available in this Act may be used 
to implement, administer, enforce, or further the provisions of Public 
Law 111-148 and title I and subtitle B of title II of Public Law 111-
152 (and the amendments made by such provisions) until 90 days after 
the date on which all legal challenges to any of such provisions are 
complete: Provided, That funds in this Act may be used to implement, 
administer, enforce, or further the final rules for regulations CMS-
1524-P, CMS-1325-P, CMS-1353-P, CMS-1577-P, CMS-1346-F, CMS-1349-F, 
CMS-1351-F, and CMS-1518-F insofar as each respective rule relates to 
calendar year 2012 or fiscal year 2012: Provided further, That if as a 
result of this provision cost share weights for calculating payment 
rates under the physician fee schedule under section 1848 of the Social 
Security Act and calculating productivity adjustments to payment rates 
for 2012 under title XVIII of such Act are not available, the Secretary 
of Health and Human Services shall use such cost share weights used in 
the final rule for the applicable regulation specified in the preceding 
proviso for calendar year 2012 or fiscal year 2012 for calculating such 
payment rates and productivity adjustments and shall implement such 
adjustments: Provided further, That funds in this Act may be used to 
implement, administer, enforce, or further the final rules for the 
provisions of (and amendments made by) sections 2501(c), 2501(d), and 
2503 of Public Law 111-148, as amended by sections 1206(a) and 1101(c) 
of Public Law 111-152, insofar as each respective rule relates to 
calendar year 2012.
    Sec. 526.  Of the funds made available for fiscal year 2012 [for 
Aging and Disability Resources Centers ] under section 2405 of Public 
Law 111-148, $10,000,000 is rescinded.
    Sec. 527.  Of the funds made available [for the Consumer Operated 
and Oriented Plan] under section 1322 of Public Law 111-148, 
$3,800,000,000 is rescinded.
    Sec. 528.  Of the funds made available [for the Center for Medicare 
& Medicaid Innovation] under section 3021(a) of Public Law 111-148, 
$1,862,000,000 is rescinded.
    Sec. 529.  Of the funds made available for fiscal year 2012 [for 
the Independent Payment Advisory Board] under section 3403 of Public 
Law 111-148, $15,000,000 is rescinded.
    Sec. 530.  Of the funds made available for fiscal year 2012 [for 
the Community Health Centers Fund] under sections 10503(b)(1) and 
10503(b)(2) of Public Law 111-148, $1,495,000,000 is rescinded.
    Sec. 531.  Of the funds made available for fiscal year 2012 [for 
the Health workforce demonstration grants] under section 5507(a) of 
Public Law 111-148, $85,000,000 is rescinded.
    Sec. 532.  Of the funds made available for fiscal year 2012 [for 
the Prevention and Public Health Fund] under section 4002 of Public Law 
111-148, $1,000,000,000 is rescinded.
    Sec. 533.  Of the funds made available for fiscal year 2012 [for 
the Maternal, Infant, and Early Childhood Home Visitation] under 
section 2951 of Public Law 111-148, $350,000,000 is rescinded.
    Sec. 534.  Of the funds made available for fiscal year 2012 [for 
the Pregnancy Assistance Fund] under section 10214 of Public Law 111-
148, $25,000,000 is rescinded.

                      abortion non-discrimination

    Sec. 535. Section 245 of the Public Health Service Act (42 3 U.S.C. 
238n) is amended--
            (1) in the section heading, by striking ``and licensing of 
        physicians and inserting''and inserting``, licensing, and 
        practice of physicians and other health care entities'';
            (2) in subsection (a), by amending paragraph (1) to read as 
        follows:
            ``(1) the entity refuses--
                    ``(A) to undergo training in the perform- ance of 
                induced abortions;
                    ``(B) to require or provide such training;
                    ``(C) to perform, participate in, provide coverage 
                of, or pay for induced abortions;
                    ``(D) to provide referrals for such training or 
                such abortions;''.
            (3) in subsection (b), by striking an ``accreditation 
        standards that requires'' and inserting ``an accreditation 
        standard that requires'';
            (4) in subsection (c), by amending paragraphs (1) and (2) 
        to read as follows:
            ``(1) The term `financial assistance', with respect to a 
        government program, means governmental payments to cover the 
        cost of health care services or benefits, or other Federal 
        payments, grants, or loans to promote or otherwise facilitate 
        health-related activities
            ``(2) The term `health care entity' includes an individual 
        physician or other health professional, a postgraduate 
        physician training program, a participant in a program of 
        training in the health professions, a hospital, a provider 
        sponsored organization, a health maintenance organization, an 
        accountable care organization, a health insurance plan, or any 
        other kind of health care facility, organization, or plan.''.
            (5) in subsection (c), by adding a new graph (4) as 
        follows:
            ``(4) The term `State or local government that receives 
        Federal financial assistance' includes any agency or other 
        governmental unit of a State or local government if such 
        government receives Federal financial assistance.''.
            (6) by redesignating subsection (c) as subsection (e); and
            (7) by inserting after subsection (b) the following:
    ``(c) Remedies.--
            ``(1) In general.--The courts of the United States shall 
        have jurisdiction to prevent and redress actual or threatened 
        violations of this section by issuing any form of legal or 
        equitable relief, including--
                    ``(A) injunctions prohibiting conduct that violates 
                this section; and
                    ``(B) orders preventing the disbursement of all or 
                a portion of Federal financial assistance to a State or 
                local government, or to a specific offending agency or 
                program of a State or local government, until such time 
                as the conduct prohibited by this section has ceased.
            ``(2) Commencement of action.--.An action under this 
        section may be instituted by--
                    ``(A) any health care entity that has standing to 
                complain of an actual or threatened vio lation of this 
                section; or
                    ``(B) the Attorney General of the United States.
            ``(3) Relation to administrative remedies.--A party may 
        commence or continue an action and obtain relief under this 
        subsection without regard to whether a complaint under 
        subsection (d) has been filed or is pending.
    ``(d) Administration.--The Secretary shall designate the Director 
of the Office for Civil Rights of the Department of Health and Human 
Services--
            ``(1) to receive complaints alleging a violation of this 
        section; and
            ``(2) to pursue the investigation of such com plaints, in 
        coordination with the Attorney General.''.
    Sec. 536.  The Departments of Labor, Health and Human Services and 
Education and the Social Security Administration shall provide the 
Committees on Appropriations of the House of Representatives and Senate 
a quarterly report on the status of balances of appropriations: 
Provided, That for balances that are unobligated and uncommitted, 
committed, and obligated but unexpended, the quarterly reports shall 
separately identify the amounts attributable to each source year of 
appropriation from which balances were derived: Provided further, That 
initital reports shall be submitted to the Committees on Appropriations 
within 30 days of the end of the first quarter of fiscal year 2012: 
Provided further, That subsequent reports shall be submitted within 30 
days of the end of each quarter thereafter.
    Sec. 537.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
     This title may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2012''.
                                 <all>
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