I 

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. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

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

8 TITLE I—DEPARTMENT OF LABOR 

9 EMPLOYMENT AND TRAINING ADMINISTRATION

10 TRAINING AND EMPLOYMENT SERVICES

11 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

12 For necessary expenses of the Workforce Investment 

13 Act of 1998 (referred to in this Act as the ‘‘WIA’’), the 

14 Second Chance Act of 2007, and the Women in Appren15 ticeship and Non-Traditional Occupations Act of 1992, in16 cluding the purchase and hire of passenger motor vehicles, 

17 the construction, alteration, and repair of buildings and 

18 other facilities, and the purchase of real property for train19 ing centers as authorized by the WIA, $962,205,000, plus 

20 reimbursements, shall be available. Of the amounts pro21 vided: 

22 (1) for grants to States for adult employment 

23 and training activities, youth activities, and dis24 located worker employment and training activities, 

25 $723,020,000 as follows: 


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1 (A) $207,520,000 for adult employment 

2 and training activities which shall be available 

3 for the period July 1, 2012 through December 

4 31, 2012; 

5 (B) $413,784,000 for youth activities, 

6 which shall be available for the period April 1, 

7 2012 through December 31, 2012; 

8 (C) $101,716,000 for dislocated worker 

9 employment and training activities which shall 

10 be available for the period July 1, 2012 through 

11 December 31, 2012; and 

12 (D) No funds shall be available for the 

13 Workforce Innovation Fund as established by 

14 section 1801(a)(3) of division B of Public Law 

15 112-10; 

16 Provided, That notwithstanding the transfer limita17 tion under section 133(b)(4) of the WIA, up to 30 

18 percent of such funds may be transferred by a local 

19 board if approved by the Governor: Provided further, 

20 That a local board may award a contract to an insti21 tution of higher education or other eligible training 

22 provider if the local board determines that it would 

23 facilitate the training of multiple individuals in high24 demand occupations, if such contract does not limit 

25 customer choice: Provided further, That notwithVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 standing section 128(a)(1) of the WIA, the amount 

2 available to the Governor for statewide workforce in3 vestment activities shall not exceed 10 percent of the 

4 amount allotted to the State from each of the appro5 priations under the preceding subparagraphs: Pro6 vided further, That of the unobligated balances made 

7 available for the Workforce Innovation Fund by sec8 tion 1801(a)(3) of division B of Public Law 112-10, 

9 $125,000,000 is rescinded; 

10 (2) for federally administered programs, 

11 $175,969,000 as follows: 

12 (A) $64,580,000 for the dislocated workers 

13 assistance national reserve which shall be avail14 able for the period July 1, 2012 through De15 cember 31, 2012: Provided, That funds de16 scribed in section 132(a)(2)(A) of the WIA may 

17 be used to provide assistance to a State for 

18 state-wide or local use in order to address cases 

19 where there have been worker dislocations 

20 across multiple sectors or across multiple local 

21 areas and such workers remain dislocated; co22 ordinate the State workforce development plan 

23 with emerging economic development needs; and 

24 train such eligible dislocated workers: Provided 

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1 tion 171(d) of the WIA may be used for dem2 onstration projects that provide assistance to 

3 new entrants in the workforce and incumbent 

4 workers; Provided further, That none of the 

5 funds shall be obligated to carry out section 

6 173(e) of the WIA; 

7 (B) $27,079,000 for Native American pro8 grams, which shall be available for the period 

9 July 1, 2012 through December 31, 2012; 

10 (C) $43,310,000 for migrant and seasonal 

11 farmworker programs under section 167 of the 

12 WIA, including $38,110,000 for formula grants 

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

14 employment and training services), $2,700,000 

15 for migrant and seasonal housing (of which not 

16 less than 70 percent shall be for permanent 

17 housing), and $2,500,000 for other discre18 tionary purposes, which shall be available for 

19 the period July 1, 2012 through December 31, 

20 2012: Provided, That notwithstanding any 

21 other provision of law or related regulation, the 

22 Secretary of Labor shall take no action limiting 

23 the number or proportion of eligible partici24 pants receiving related assistance services or 


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1 discouraging grantees from providing such serv2 ices; 

3 (D) $1,000,000 for carrying out the 

4 Women in Apprenticeship and Nontraditional 

5 Occupations Act, which shall be available for 

6 the period July 1, 2012 through September 30, 

7 2013; and 

8 (E) $40,000,000 for YouthBuild activities 

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

10 shall be available for the period April 1, 2012 

11 through December 31, 2012; 

12 (3) for national activities, $63,216,000, as fol13 lows: 

14 (A) $6,616,000 for Pilots, Demonstrations, 

15 and Research, which shall be available for the 

16 period April 1, 2012 through September 31, 

17 2013: Provided, That funds made available by 

18 Public Law 112-10 for program year 2011 that 

19 were designated for grants to address the em20 ployment and training needs of young parents 

21 may be used for other pilots, demonstration, 

22 and research activities; 

23 (B) $45,000,000 for ex-offender activities, 

24 under the authority of section 171 of the WIA 

25 and section 212 of the Second Chance Act of 


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1 2007, which shall be available for the period 

2 April 1, 2012 through December 31, 2012, and 

3 which shall not be subject to the requirements 

4 of section 171(b)(2)(B) or 171(c)(4)(D) of the 

5 WIA: Provided, That not less than $10,000,000 

6 shall be for competitive grants to national and 

7 regional intermediaries for activities that pre8 pare young ex-offenders and school dropouts for 

9 employment, with a priority for projects serving 

10 high-crime, high-poverty areas; 

11 (C) $11,600,000 for Evaluation, which 

12 shall be available for the period July 1, 2012 

13 through September 30, 2013; 

14 (D) No funds shall be available for the 

15 Green Jobs Innovation Fund; and 

16 (E) No funds shall be available for the 

17 Workforce Data Quality Initiative. 

18 OFFICE OF JOB CORPS

19 To carry out subtitle C of title I of the WIA, includ20 ing Federal administrative expenses, the purchase and 

21 hire of passenger motor vehicles, the construction, alter22 ation, and repairs of buildings and other facilities, and the 

23 purchase of real property for training centers as author24 ized by the WIA, $2,223,930,000, plus reimbursements, 

25 as follows: 


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1 (1) $2,089,000,000 for Job Corps Operations, 

2 which shall be available for obligation for the period 

3 July 1, 2012 through September 30, 2013; 

4 (2) $103,500,000 for construction, rehabilita5 tion and acquisition of Job Corps Centers, which 

6 shall be available for the period July 1, 2012 

7 through September 30, 2015: Provided, That the 

8 Secretary of Labor may transfer up to 15 percent of 

9 such funds to meet the operational needs of such 

10 centers: Provided further, That any funds trans11 ferred pursuant to the preceding proviso shall not be 

12 available for obligation after September 30, 2013; 

13 and 

14 (3) $31,430,000 for necessary expenses of the 

15 Office of Job Corps, which shall be available for obli16 gation for the period October 1, 2011 through Sep17 tember 30, 2012; 

18 Provided, That no funds from any other appropriation 

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

20 centers: Provided further, That no funds shall be available 

21 to initiate a competition for any new Job Corps center 

22 not previously approved through a competitive selection 

23 process by the Secretary of Labor. 


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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

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

4 1965, $450,000,000, which shall be available for the pe5 riod July 1, 2012 through September 30, 2013. 

6 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

7 For payments during fiscal year 2012 of trade ad8 justment benefit payments and allowances under part I 

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

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

11 employment and case management services, allowances for 

12 job search and relocation, and related State administrative 

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

14 title II of the Trade Act of 1974, including benefit pay15 ments, allowances, training, and related State administra16 tion provided pursuant to paragraphs (1) and (2) of sec17 tion 1891(b) of the Trade and Globalization Adjustment 

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

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

20 subsequent appropriation for payments for any period sub21 sequent to September 15, 2012. 

22 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

23 SERVICE OPERATIONS

24 For authorized administrative expenses, 

25 $43,139,000, together with not to exceed $3,629,167,000, 


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1 which may be expended from the Employment Security 

2 Administration Account in the Unemployment Trust Fund 

3 (‘‘the Trust Fund’’), of which: 

4 (1) $3,190,899,000 from the Trust Fund is for 

5 grants to States for the administration of State un6 employment insurance laws as authorized under title 

7 III of the Social Security Act (including 

8 $10,000,000 to conduct in-person reemployment and 

9 eligibility assessments and unemployment insurance 

10 improper payment reviews), the administration of 

11 unemployment insurance for Federal employees and 

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

13 8501-8523, and the administration of trade read14 justment allowances, reemployment trade adjustment 

15 assistance, and alternative trade adjustment assist16 ance under the Trade Act of 1974 and under section 

17 1891(b) of the Trade and Globalization Adjustment 

18 Assistance Act of 2009, and shall be available for 

19 obligation by the States through December 31, 

20 2012, except that funds used for automation acquisi21 tions or incentive grants for improved operations 

22 shall be available for obligation by the States 

23 through September 30, 2014, and funds used for 

24 unemployment insurance workloads experienced by 

25 the States through September 30, 2012 shall be 


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1 available for Federal obligation through December 

2 31, 2012; 

3 (2) $11,310,000 from the Trust Fund is for na4 tional activities necessary to support the administra5 tion of the Federal-State unemployment insurance 

6 system; 

7 (3) $340,447,000 from the Trust Fund, to8 gether with $11,342,000 from the general fund of 

9 the Treasury, is for grants to States in accordance 

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

11 be available for Federal obligation for the period 

12 July 1, 2012 through December 31, 2012; 

13 (4) $20,994,000 from the Trust Fund is for na14 tional activities of the Employment Service, includ15 ing administration of the work opportunity tax cred16 it under section 51 of the Internal Revenue Code of 

17 1986, and the provision of technical assistance and 

18 staff training under the Wagner-Peyser Act, includ19 ing not to exceed $1,228,000 that may be used for 

20 amortization payments to States which had inde21 pendent retirement plans in their State employment 

22 service agencies prior to 1980; 

23 (5) $65,517,000 from the Trust Fund is for the 

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1 ality Act and related laws, of which $50,418,000 

2 shall be available for the Federal administration of 

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

4 for grants to States for the administration of such 

5 activities; and 

6 (6) $31,797,000 from the general fund of the 

7 Treasury is to provide workforce information, na8 tional electronic tools, and one-stop system building 

9 under the Wagner-Peyser Act and section 

10 171(e)(2)(C) of the WIA and shall be available for 

11 Federal obligation for the period July 1, 2012 

12 through December 31, 2012: 

13 Provided, That to the extent that the Average Weekly In14 sured Unemployment (‘‘AWIU’’) for fiscal year 2012 is 

15 projected by the Secretary of Labor to exceed 4,832,000, 

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

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

18 AWIU level (including a pro rata amount for any incre19 ment less than 100,000) to carry out title III of the Social 

20 Security Act: Provided further, That funds appropriated 

21 in this Act that are allotted to a State to carry out activi22 ties under title III of the Social Security Act may be used 

23 by such State to assist other States in carrying out activi24 ties under such title III if the other States include areas 

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1 dent under the Robert T. Stafford Disaster Relief and 

2 Emergency Act: Provided further, That the Secretary of 

3 Labor may use funds appropriated for grants to States 

4 under title III of the Social Security Act to make pay5 ments on behalf of States for the use of the National Di6 rectory of New Hires under section 453(j)(8) of such Act: 

7 Provided further, That funds appropriated in this Act 

8 which are used to establish a national one-stop career cen9 ter system, or which are used to support the national ac10 tivities of the Federal-State unemployment insurance or 

11 immigration programs, may be obligated in contracts, 

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

13 further, That funds appropriated under this Act for activi14 ties authorized under title III of the Social Security Act 

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

16 integrated Unemployment Insurance and Employment 

17 Service automation efforts, notwithstanding cost allocation 

18 principles prescribed under the Office of Management and 

19 Budget Circular A-87: Provided further, That the Sec20 retary of Labor, at the request of a State participating 

21 in a consortium with other States, may reallot funds allot22 ted to such State under title III of the Social Security 

23 Act to other States participating in the consortium in 

24 order to carry out activities that benefit the administration 


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1 of the unemployment compensation law of the State mak2 ing the request. 

3 In addition, $60,000,000 from the Employment Se4 curity Administration Account of the Unemployment 

5 Trust Fund shall be available to conduct in-person reem6 ployment and eligibility assessments and unemployment 

7 insurance improper payment reviews. 

8 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

9 OTHER FUNDS

10 For repayable advances to the Unemployment Trust 

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

12 Social Security Act, and to the Black Lung Disability 

13 Trust Fund as authorized by section 9501(c)(1) of the In14 ternal Revenue Code of 1986; and for nonrepayable ad15 vances to the Unemployment Trust Fund as authorized 

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

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

18 necessary, which shall be available for obligation through 

19 September 30, 2013. 

20 PROGRAM ADMINISTRATION

21 For expenses of administering employment and train22 ing programs, $91,320,000, together with not to exceed 

23 $50,040,000, which may be expended from the Employ24 ment Security Administration Account in the Unemploy25 ment Trust Fund. 


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1 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Employee Benefits 

4 Security Administration, $159,363,000. 

5 PENSION BENEFIT GUARANTY CORPORATION

6 PENSION BENEFIT GUARANTY CORPORATION FUND

7 The Pension Benefit Guaranty Corporation (‘‘Cor8 poration’’) is authorized to make such expenditures, in9 cluding financial assistance authorized by subtitle E of 

10 title IV of the Employee Retirement Income Security Act 

11 of 1974, within limits of funds and borrowing authority 

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

13 to make such contracts and commitments without regard 

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

15 as may be necessary in carrying out the program, includ16 ing associated administrative expenses, through Sep17 tember 30, 2012, for the Corporation: Provided, That 

18 none of the funds available to the Corporation for fiscal 

19 year 2012 shall be available for obligations for administra20 tive expenses in excess of $476,901,000: Provided further, 

21 That to the extent that the number of new plan partici22 pants in plans terminated by the Corporation exceeds 

23 100,000 in fiscal year 2012, an amount not to exceed an 

24 additional $9,200,000 shall be available through Sep25 tember 30, 2013, for obligation for administrative exVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 penses for every 20,000 additional terminated partici2 pants: Provided further, That an additional $50,000 shall 

3 be made available through September 30, 2013 for obliga4 tion for investment management fees for every 

5 $25,000,000 in assets received by the Corporation as a 

6 result of new plan terminations or asset growth, after ap7 proval by the Office of Management and Budget and noti8 fication of the Committees on Appropriations of the House 

9 of Representatives and the Senate: Provided further, That 

10 obligations in excess of the amounts provided in this para11 graph may be incurred for unforeseen and extraordinary 

12 pre-termination expenses or extraordinary multiemployer 

13 program related expenses after approval by the Office of 

14 Management and Budget and notification of the Commit15 tees on Appropriations of the House of Representatives 

16 and the Senate. 

17 WAGE AND HOUR DIVISION

18 SALARIES AND EXPENSES

19 For necessary expenses for the Wage and Hour Divi20 sion, including reimbursement to State, Federal, and local 

21 agencies and their employees for inspection services ren22 dered, $214,805,000. 


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1 OFFICE OF LABOR-MANAGEMENT STANDARDS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Labor-Man4 agement Standards, $41,367,000. 

5 OFFICE OF FEDERAL CONTRACT COMPLIANCE

6 PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Federal Con9 tract Compliance Programs, $105,386,000. 

10 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

11 SALARIES AND EXPENSES

12 For necessary expenses for the Office of Workers’ 

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

14 $2,124,000, which may be expended from the Special 

15 Fund in accordance with sections 39(c), 44(d), and 44(j) 

16 of the Longshore and Harbor Workers’ Compensation Act. 

17 SPECIAL BENEFITS

18 (INCLUDING TRANSFER OF FUNDS)

19 For the payment of compensation, benefits, and ex20 penses (except administrative expenses) accruing during 

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

22 81; continuation of benefits as provided for under the 

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

24 Agency Appropriation Act, 1947; the Employees’ Com25 pensation Commission Appropriation Act, 1944; sections 


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1 4(c) and 5(f) of the War Claims Act of 1948; and 50 per2 cent of the additional compensation and benefits required 

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

4 Compensation Act, $350,000,000, together with such 

5 amounts as may be necessary to be charged to the subse6 quent year appropriation for the payment of compensation 

7 and other benefits for any period subsequent to August 

8 15 of the current year: Provided, That amounts appro9 priated may be used under 5 U.S.C. 8104, by the Sec10 retary of Labor to reimburse an employer, who is not the 

11 employer at the time of injury, for portions of the salary 

12 of a re-employed, disabled beneficiary: Provided further, 

13 That balances of reimbursements unobligated on Sep14 tember 30, 2011 shall remain available until expended for 

15 the payment of compensation, benefits, and expenses: Pro16 vided further, That in addition there shall be transferred 

17 to this appropriation from the Postal Service and from 

18 any other corporation or instrumentality required under 

19 5 U.S.C. 8147(c) to pay an amount for its fair share of 

20 the cost of administration, such sums as the Secretary de21 termines to be the cost of administration for employees 

22 of such fair share entities through September 30, 2012: 

23 Provided further, That of those funds transferred to this 

24 account from the fair share entities to pay the cost of ad25 ministration of the Federal Employees’ Compensation Act, 


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1 $59,488,000 shall be made available to the Secretary as 

2 follows: 

3 (1) For enhancement and maintenance of auto4 mated data processing systems and telecommuni5 cations systems, $17,253,000; 

6 (2) For automated workload processing oper7 ations, including document imaging, centralized mail 

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

9 (3) For periodic roll management and medical 

10 review, $15,466,000; and 

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

12 Treasury as miscellaneous receipts: 

13 Provided further, That the Secretary may require that any 

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

15 under 5 U.S.C. 81, or the Longshore and Harbor Work16 ers’ Compensation Act, provide as part of such notice and 

17 claim such identifying information (including Social Secu18 rity account number) as such regulations may prescribe. 

19 SPECIAL BENEFITS FOR DISABLED COAL MINERS

20 For carrying out title IV of the Federal Mine Safety 

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

22 275, $141,227,000, to remain available until expended. 

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

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


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

2 as may be necessary. 

3 For making benefit payments under title IV for the 

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

5 available until expended. 

6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

7 OCCUPATIONAL ILLNESS COMPENSATION FUND

8 For necessary expenses to administer the Energy 

9 Employees Occupational Illness Compensation Program 

10 Act, $52,147,000, to remain available until expended: Pro11 vided, That the Secretary of Labor may require that any 

12 person filing a claim for benefits under the Act provide 

13 as part of such claim such identifying information (includ14 ing Social Security account number) as may be prescribed. 

15 BLACK LUNG DISABILITY TRUST FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 Such sums as may be necessary from the Black Lung 

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

19 expended, for payment of all benefits authorized by section 

20 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code 

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

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

23 In addition, the following amounts may be expended from 

24 the Fund for fiscal year 2012 for expenses of operation 

25 and administration of the Black Lung Benefits program, 


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

2 $32,906,000 for transfer to the Office of Workers’ Com3 pensation Programs, ‘‘Salaries and Expenses’’; not to ex4 ceed $25,217,000 for transfer to Departmental Manage5 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 

6 for transfer to Departmental Management, ‘‘Office of In7 spector General’’; and not to exceed $356,000 for pay8 ments into miscellaneous receipts for the expenses of the 

9 Department of the Treasury. 

10 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Occupational Safety 

13 and Health Administration, $565,712,000, including not 

14 to exceed $104,184,000, which shall be the maximum 

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

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

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

18 State occupational safety and health programs required to 

19 be incurred under plans approved by the Secretary of 

20 Labor under section 18 of the Act; and, in addition, not21 withstanding 31 U.S.C. 3302, the Occupational Safety 

22 and Health Administration may retain up to $200,000 per 

23 fiscal year of training institute course tuition fees, other24 wise authorized by law to be collected, and may utilize 

25 such sums for occupational safety and health training and 


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1 education: Provided, That notwithstanding 31 U.S.C. 

2 3302, the Secretary is authorized, during the fiscal year 

3 ending September 30, 2012, to collect and retain fees for 

4 services provided to Nationally Recognized Testing Lab5 oratories, and may utilize such sums, in accordance with 

6 the provisions of the Act of April 13, 1934 (29 U.S.C. 

7 9a), to administer national and international laboratory 

8 recognition programs that ensure the safety of equipment 

9 and products used by workers in the workplace: Provided 

10 further, That none of the funds appropriated under this 

11 paragraph shall be obligated or expended to prescribe, 

12 issue, administer, or enforce any standard, rule, regula13 tion, or order under the Act which is applicable to any 

14 person who is engaged in a farming operation which does 

15 not maintain a temporary labor camp and employs 10 or 

16 fewer employees: Provided further, That no funds appro17 priated under this paragraph shall be obligated or ex18 pended to administer or enforce any standard, rule, regu19 lation, or order under the Act with respect to any employer 

20 of 10 or fewer employees who is included within a category 

21 having a Days Away, Restricted, or Transferred (DART) 

22 occupational injury and illness rate, at the most precise 

23 industrial classification code for which such data are pub24 lished, less than the national average rate as such rates 

25 are most recently published by the Secretary, acting 


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1 through the Bureau of Labor Statistics, in accordance 

2 with section 24 of the Act, except— 

3 (1) to provide, as authorized by the Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies; 

6 (2) to conduct an inspection or investigation in 

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and 

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for 

11 any willful violations found; 

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

13 with respect to imminent dangers; 

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

15 with respect to health hazards; 

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

17 with respect to a report of an employment accident 

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees, 

20 and to take any action pursuant to such investiga21 tion authorized by the Act; and 

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

23 with respect to complaints of discrimination against 

24 employees for exercising rights under the Act: 


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1 Provided further, That the foregoing proviso shall not 

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

3 which does not maintain a temporary labor camp and em4 ploys 10 or fewer employees; Provided further, That no 

5 funds shall be available for Susan Harwood training 

6 grants. 

7 MINE SAFETY AND HEALTH ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Mine Safety and 

10 Health Administration, $379,854,000, including purchase 

11 and bestowal of certificates and trophies in connection 

12 with mine rescue and first-aid work, and the hire of pas13 senger motor vehicles, including up to $2,000,000 for 

14 mine rescue and recovery activities; in addition, not to ex15 ceed $750,000 may be collected by the National Mine 

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

17 the sale of training materials, otherwise authorized by law 

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

19 education and training activities, notwithstanding 31 

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

21 Administration may retain up to $1,499,000 from fees col22 lected for the approval and certification of equipment, ma23 terials, and explosives for use in mines, and may utilize 

24 such sums for such activities; and, in addition, the Sec25 retary of Labor may transfer from amounts provided 


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1 under this heading up to $15,000,000 to ‘‘Departmental 

2 Management’’ for activities related to the Office of the So3 licitor’s caseload before the Federal Mine Safety and 

4 Health Review Commission; the Secretary of Labor is au5 thorized to accept lands, buildings, equipment, and other 

6 contributions from public and private sources and to pros7 ecute projects in cooperation with other agencies, Federal, 

8 State, or private; the Mine Safety and Health Administra9 tion is authorized to promote health and safety education 

10 and training in the mining community through cooperative 

11 programs with States, industry, and safety associations; 

12 the Secretary is authorized to recognize the Joseph A. 

13 Holmes Safety Association as a principal safety associa14 tion and, notwithstanding any other provision of law, may 

15 provide funds and, with or without reimbursement, per16 sonnel, including service of Mine Safety and Health Ad17 ministration officials as officers in local chapters or in the 

18 national organization; and any funds available to the De19 partment of Labor may be used, with the approval of the 

20 Secretary, to provide for the costs of mine rescue and sur21 vival operations in the event of a major disaster. 

22 BUREAU OF LABOR STATISTICS

23 SALARIES AND EXPENSES

24 For necessary expenses for the Bureau of Labor Sta25 tistics, including advances or reimbursements to State, 


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1 Federal, and local agencies and their employees for serv2 ices rendered, $552,921,000, together with not to exceed 

3 $67,303,000, which may be expended from the Employ4 ment Security Administration Account in the Unemploy5 ment Trust Fund, of which $1,500,000 may be used to 

6 fund the mass layoff statistics program under section 15 

7 of the Wagner-Peyser Act. 

8 OFFICE OF DISABILITY EMPLOYMENT POLICY

9 SALARIES AND EXPENSES

10 For necessary expenses for the Office of Disability 

11 Employment Policy to provide leadership, develop policy 

12 and initiatives, and award grants furthering the objective 

13 of eliminating barriers to the training and employment of 

14 people with disabilities, $39,031,000. 

15 DEPARTMENTAL MANAGEMENT

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for Departmental Manage19 ment, including the hire of three passenger motor vehicles, 

20 $268,407,000, together with not to exceed $326,000, 

21 which may be expended from the Employment Security 

22 Administration Account in the Unemployment Trust 

23 Fund: Provided, That $26,332,000 is for the Bureau of 

24 International Labor Affairs and shall be available for obli25 gation through December 31, 2012: Provided further, 


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1 That funds available to the Bureau of International Labor 

2 Affairs may be used to administer or operate international 

3 labor activities, bilateral and multilateral technical assist4 ance, and microfinance programs, by or through contracts, 

5 grants, subgrants, or other arrangements: Provided fur6 ther, That $8,500,000 shall be used for program evalua7 tion: Provided further, That funds available for program 

8 evaluation may be transferred to any other appropriate ac9 count in the Department of Labor for such purpose: Pro10 vided further, That not more than $87,213,000 of the 

11 funds made available for Legal Services may be obligated 

12 until the Secretary of Labor provides to the Committees 

13 on Appropriations of the House of Representatives and the 

14 Senate a copy of the operating plan issued by the Solicitor 

15 of Labor on September 22, 2010, as well as a copy of 

16 the plan as it exists on the date of enactment of this Act: 

17 Provided further, That from amounts provided herein, the 

18 Women’s Bureau is authorized to award grants to serve 

19 and promote the interests of women in the workforce. 

20 VETERANS EMPLOYMENT AND TRAINING

21 Not to exceed $212,065,000 may be derived from the 

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

24 U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Pub25 lic Law 103–353, and which shall be available for obligaVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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

2 $2,449,000 is for the National Veterans’ Employment and 

3 Training Services Institute. In addition, to carry out De4 partment of Labor programs under section 5(a)(1) of the 

5 Homeless Veterans Comprehensive Assistance Act of 2001 

6 and the Veterans Workforce Investment Programs under 

7 section 168 of the WIA, $58,971,000, of which 

8 $19,641,000 shall be available for obligation for the period 

9 July 1, 2012, through September 30, 2013. 

10 IT MODERNIZATION

11 For necessary expenses for Department of Labor cen12 tralized infrastructure technology investment activities re13 lated to support systems and modernization, $25,000,000. 

14 OFFICE OF INSPECTOR GENERAL

15 For salaries and expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978, $78,453,000 together with not to 

18 exceed $5,992,000, which may be expended from the Em19 ployment Security Administration Account in the Unem20 ployment Trust Fund. 

21 GENERAL PROVISIONS

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

23 for the Job Corps shall be used to pay the salary and bo24 nuses of an individual, either as direct costs or any proraVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 tion as an indirect cost, at a rate in excess of Executive 

2 Level III. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 102. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and 

6 Emergency Deficit Control Act of 1985) which are appro7 priated for the current fiscal year for the Department of 

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

9 project, or activity, but no such program, project, or activ10 ity shall be increased by more than 3 percent by any such 

11 transfer: Provided, That the transfer authority granted by 

12 this section shall be available only to meet emergency 

13 needs and shall not be used to create any new program 

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

15 provided in this Act: Provided further, That the Commit16 tees on Appropriations of the House of Representatives 

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

18 of any transfer and approve such transfer. 

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

20 13126, none of the funds appropriated or otherwise made 

21 available pursuant to this Act shall be obligated or ex22 pended for the procurement of goods mined, produced, 

23 manufactured, or harvested or services rendered, in whole 

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


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1 and host countries already identified by the United States 

2 Department of Labor prior to enactment of this Act. 

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

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

5 the American Competitiveness and Workforce Improve6 ment Act of 1998 may be used for any purpose other than 

7 training in the occupations and industries for which em8 ployers are using H-1B visas to hire foreign workers, and 

9 the related activities necessary to support such training. 

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

11 Act or available to the Secretary of Labor from other 

12 sources for Career Pathways Innovation Fund grants and 

13 grants authorized under section 414(c) of the American 

14 Competitiveness and Workforce Improvement Act of 1998 

15 shall be obligated for a grant awarded on a noncompetitive 

16 basis. 

17 SEC. 106. None of the funds made available by this 

18 Act under the heading ‘‘Employment and Training Ad19 ministration’’ shall be used by a recipient or subrecipient 

20 of such funds to pay the salary and bonuses of an indi21 vidual, either as direct costs or indirect costs, at a rate 

22 in excess of Executive Level III. This limitation shall not 

23 apply to vendors providing goods and services as defined 

24 in Office of Management and Budget Circular A-133. 

25 Where States are recipients of such funds, States may esVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 tablish a lower limit for salaries and bonuses of those re2 ceiving salaries and bonuses from subrecipients of such 

3 funds, taking into account factors including the relative 

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

5 comparable State or local government employees, and the 

6 size of the organizations that administer Federal pro7 grams involved, including Employment and Training Ad8 ministration programs. Notwithstanding this section, the 

9 limitation on salaries for the Job Corps shall continue to 

10 be governed by section 101. 

11 SEC. 107. Notwithstanding section 102, the Sec12 retary of Labor may transfer funds made available to the 

13 Employment and Training Administration by this Act or 

14 by Public Law 112-10, either directly or through a set15 aside, for technical assistance services to grantees to ‘‘Pro16 gram Administration’’ when it is determined that those 

17 services will be more efficiently performed by Federal 

18 staff. 

19 SEC. 108. Notwithstanding section 128(a)(1) of the 

20 WIA, for funds provided for State allotments under such 

21 Act in Public Law 112-10, the amount available to the 

22 Governor for statewide workforce investment activities 

23 shall not exceed 5 percent. 

24 SEC. 109. None of the funds made available by this 

25 Act may be used to promulgate or implement a final rule 


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1 amending part 2510 of title 29, Code of Federal Regula2 tions, (relating to the definition of the term ‘‘fiduciary’’ 

3 under section 3(21)(A) of the Employee Retirement In4 come Security Act of 1974), including the proposed rule5 making published by the Employee Benefits Security Ad6 ministration of the Department of Labor on October 22, 

7 2010 (75 Fed. Reg. 65263). 

8 SEC. 110. Section 3142(b) of title 40, United States 

9 Code, is amended— 

10 (1) by inserting ‘‘(acting through the Bureau of 

11 Labor Statistics of the Department of Labor)’’ after 

12 ‘‘Secretary of Labor’’; and 

13 (2) by inserting before the period at the end, ‘‘, 

14 using surveys carried out by the Bureau of Labor 

15 Statistics that use proper random statistical sam16 pling techniques’’. 

17 SEC. 111. None of the funds made available by this 

18 title may be used to implement, administer, or enforce the 

19 final regulations on ‘‘Federal Acquisition Regulation; FAR 

20 Case 2009-005, Use of Project Labor Agreements for 

21 Federal Construction Projects’’ published by the Depart22 ment of Defense, General Services Administration, and 

23 National Aeronautics and Space Administration on April 

24 13, 2010 (75 Fed. Reg. 19168). 


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1 SEC. 112. None of the funds made available by this 

2 Act may be used to administer, implement, or promote the 

3 Department of Labor program known as ‘‘Bridge to Jus4 tice’’ or any similar attorney referral program that refers 

5 individuals with complaints relating to employment viola6 tions to private attorneys. 

7 SEC. 113. None of the funds made available by this 

8 Act may be used to continue the development of or to pro9 mulgate the Right to Know Under the Fair Labor Stand10 ards Act regulation (Regulatory Identification Number 

11 1235-AA04) being developed by the Wage and Hour Divi12 sion of the Department of Labor. 

13 SEC. 114. None of the funds made available by this 

14 Act may be used to promulgate or implement a final rule 

15 amending parts 405 and 406 of title 29, Code of Federal 

16 Regulations (relating to employer and labor relations con17 sultant reporting under the Labor-Management Reporting 

18 and Disclosure Act), including the proposed rulemaking 

19 published by the Office of Labor-Management Standards 

20 of the Department of Labor on June 21, 2011 (76 Fed. 

21 Reg. 26178 et seq.). 

22 SEC. 115. None of the funds made available by this 

23 Act may be used to pay the salaries and expenses of per24 sonnel of the Department of Labor to require an H-2A 


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1 employer to reimburse the cost of an H-2A worker’s trans2 portation and subsistence from— 

3 (1) the place from which the H–2A worker was 

4 approved to enter the United States to the location 

5 at which the work for the employer is performed; or 

6 (2) if the H–2A worker traveled from a place 

7 in the United States at which the H–2A worker was 

8 last employed, from such place of last employment 

9 to the location at which the work for the employer 

10 is performed, prior to the pay period following the 

11 week during which such worker completes 50 per12 cent of the period of employment of the job for 

13 which the worker was hired. 

14 SEC. 116. None of the funds made available by this 

15 Act may be used to pay the salaries and expenses of per16 sonnel of the Department of Labor to require an H-2A 

17 employer to hire any qualified U.S. worker who applies 

18 for work until such time as one-half the H-2A contract 

19 period has ended. 

20 SEC. 117. None of the funds made available by this 

21 Act may be used to pay the salaries and expenses of per22 sonnel of the Department of Labor to require an H-2A 

23 employer to pay an H-2A worker a wage that is not the 

24 prevailing hourly wage in the occupation for which the em25 ployer has petitioned for workers. 


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1 SEC. 118. None of the funds made available by this 

2 Act may be used to— 

3 (1) continue the development of or to promul4 gate, administer, enforce, or otherwise implement 

5 the Wage Methodology for the Temporary Non-agri6 cultural Employment H-2B Program regulation 

7 (Regulatory Identification Number 1205-AB61) 

8 published by the Employment and Training Admin9 istration of the Department of Labor on January 

10 19, 2011 (76 Fed. Reg. 3452 et seq.); or 

11 (2) continue the development of or to promul12 gate, administer, enforce, amend, issue a final rule, 

13 or otherwise implement the Labor Certification 

14 Process and Enforcement for Temporary Employ15 ment in Occupations Other Than Agriculture or 

16 Registered Nursing in the United States (H-2B 

17 Workers) regulation (Regulatory Identification Num18 ber 1205-AB58) published by the Employment and 

19 Training Administration and the Wage and Hour 

20 Division of the Department of Labor on March 18, 

21 2011 (76 Fed. Reg. 15130 et seq.). 

22 SEC. 119. None of the funds made available by this 

23 Act may be used to continue the development of or to pro24 mulgate, administer, enforce, or otherwise implement the 

25 Occupational Injury and Illness Recording and Reporting 


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1 Requirements—Musculoskeletal Disorders (MSD) Column 

2 regulation (Regulatory Identification Number 1218- 

3 AC45) being developed by the Occupational Safety and 

4 Health Administration of the Department of Labor. 

5 SEC. 120. None of the funds made available by this 

6 Act may be used to continue the development of or to pro7 mulgate, administer, enforce, or otherwise implement the 

8 Injury and Illness Prevention Program regulation (Regu9 latory Identification Number 1218-AC48) being developed 

10 by the Occupational Safety and Health Administration of 

11 the Department of Labor. 

12 SEC. 121. None of the funds made available by this 

13 Act may be used to enforce the cancellation of compliance 

14 directive STD 03-00-001 (Plain Language Revision of 

15 OSHA Instruction STD 3-1, Interim Fall Protection Com16 pliance Guidance for Residential Construction) as it re17 lates to residential reroofing and roof-repair activities. 

18 SEC. 122. None of the funds made available by this 

19 Act may be used to continue the development of or to pro20 mulgate, administer, enforce, or otherwise implement the 

21 Lowering Miners’ Exposure to Coal Mine Dust, Including 

22 Continuous Personal Dust Monitors regulation (Regu23 latory Identification Number 1219-AB64) being developed 

24 by the Mine Safety and Health Administration of the De25 partment of Labor. 


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1 SEC. 123. None of the funds made available by this 

2 Act for the Department of Labor may be used to initiate, 

3 administer, promulgate, or enforce any ‘‘significant regu4 latory action’’ as defined by Executive Order 12866 unless 

5 the Committees on Appropriations of the House of Rep6 resentatives and Senate have been notified at least 30 days 

7 prior to the issuance of such action. 

8 SEC. 124. None of the funds made available by this 

9 Act for the Department of Labor may be used to develop 

10 new courses, modules, learning materials, or projects in 

11 carrying out education or career job training grant pro12 grams unless the Secretary of Labor certifies, after a com13 prehensive market-based analysis, that such courses, mod14 ules, learning materials, or projects are not otherwise 

15 available for purchase or licensing in the marketplace or 

16 under development for students who require them to par17 ticipate in such education or career job training grant pro18 grams. 

19 SEC. 125. None of the funds made available by this 

20 Act for the Department of Labor may be used to pay the 

21 salaries and expenses of personnel of the Office of Recov22 ery for Auto Communities and Workers of the Department 

23 of Labor. 


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1 SEC. 126. None of the funds made available by this 

2 Act may be used by the Secretary of Labor to administer 

3 or enforce 29 CFR 779.372(c)(4). 

4 SEC. 127. None of the funds made available by this 

5 Act may be used for the purpose of compensating employ6 ees for official time, as such term is defined in subsections 

7 (a), (c), and (d) of section 7131 of title 5, United States 

8 Code, except in the case in which an employee uses official 

9 time for the purpose of: 

10 (a) the negotiation of a collective bargaining 

11 agreement, including attendance at an impasse pro12 ceeding, that has commenced before the date of en13 actment of this Act; 

14 (b) any proceeding before the Federal Labor 

15 Relations Authority that has commenced before the 

16 date of enactment of this Act; or 

17 (c) any other matter with respect to which an 

18 agreement has been made prior to the date of enact19 ment of this Act that official time may be used or 

20 granted. 

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

22 Appropriations Act, 2012’’. 


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1 TITLE II—DEPARTMENT OF HEALTH AND 

2 HUMAN SERVICES 

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 PRIMARY HEALTH CARE

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

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

7 with respect to primary health care, $2,594,230,000, of 

8 which $129,000 shall be available until expended for facili9 ties renovations at the Gillis W. Long Hansen’s Disease 

10 Center: Provided, That funds provided under this heading 

11 shall be used to continue the same number of health center 

12 service delivery sites supported in the previous fiscal year: 

13 Provided further, That no more than $40,000 shall be 

14 available until expended for carrying out the provisions of 

15 section 224(o) of the PHS Act, including associated ad16 ministrative expenses and relevant evaluations: Provided 

17 further, That no more than $95,073,000 shall be available 

18 until expended for carrying out the provisions of Public 

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

20 of Health and Human Services pertaining to administra21 tive claims made under such law. 

22 HEALTH WORKFORCE

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

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

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


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1 Improvement Act of 1986, $601,841,000: Provided, That 

2 the proportional funding amounts in paragraphs (1) 

3 through (4) of section 756(e) of the PHS Act shall not 

4 apply to funds made available under this heading: Pro5 vided further, That no funds shall be available for section 

6 340G–1 of the PHS Act: Provided further, That in addi7 tion to fees authorized by section 427(b) of the Health 

8 Care Quality Improvement Act of 1986, fees shall be col9 lected for the full disclosure of information under such Act 

10 sufficient to recover the full costs of operating the Na11 tional Practitioner Data Bank, and shall remain available 

12 until expended to carry out such Act: Provided further, 

13 That fees collected for the full disclosure of information 

14 under the ‘‘Health Care Fraud and Abuse Data Collection 

15 Program’’, authorized by section 1128E(d)(2) of the So16 cial Security Act, shall be sufficient to recover the full 

17 costs of operating the program, and shall remain available 

18 until expended to carry out that Act: Provided further, 

19 That dentistry faculty loan repayments shall be made 

20 using the same terms and conditions as the Nursing Fac21 ulty Loan Repayment program authorized under section 

22 738 of the PHS Act unless otherwise authorized: Provided 

23 further, That funds provided under section 846 and sub24 part 3 of part D of title III of the PHS Act may be used 

25 to make prior year adjustments to awards made under 


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1 these provisions: Provided further, That in addition to 

2 amounts provided herein, $2,815,000 shall be available 

3 from amounts available under section 241 of the PHS Act 

4 to carry out titles VII and VIII and section 340G of the 

5 PHS Act. 

6 MATERNAL AND CHILD HEALTH

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

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

9 V of the Social Security Act, and section 712 of the Amer10 ican Jobs Creation Act of 2004, $850,408,000: Provided, 

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

12 the Social Security Act, not more than $90,216,000 shall 

13 be available for carrying out special projects of regional 

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

15 such Act and $10,379,000 shall be available for projects 

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

17 501(a)(3) of such Act. 

18 RYAN WHITE HIV/AIDS PROGRAM

19 For carrying out title XXVI of the PHS Act with 

20 respect to the Ryan White HIV/AIDS program, 

21 $2,311,665,000, of which $1,980,670,000 shall remain 

22 available to the Secretary of Health and Human Services 

23 through September 30, 2014, for parts A and B of title 

24 XXVI of the PHS Act, of which not less than 

25 $885,000,000 shall be for State AIDS Drug Assistance 


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1 Programs under the authority of section 2616 or 311(c) 

2 of such Act: Provided, That in addition to amounts pro3 vided herein, $25,000,000 shall be available from amounts 

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

5 parts A, B, C, and D of title XXVI of the PHS Act to 

6 fund Special Projects of National Significance under sec7 tion 2691. 

8 HEALTH CARE SYSTEMS

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

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

11 Therapeutic and Research Act of 2005, $63,896,000. 

12 RURAL HEALTH

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

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

15 Coal Mine Health and Safety Act, and sections 711 and 

16 1820 of the Social Security Act, $139,853,000, of which 

17 $41,118,000 from general revenues, notwithstanding sec18 tion 1820(j) of the Social Security Act, shall be available 

19 for carrying out the Medicare rural hospital flexibility 

20 grants program: Provided, That of the funds made avail21 able under this heading for Medicare rural hospital flexi22 bility grants, $15,000,000 shall be available for the Small 

23 Rural Hospital Improvement Grant Program for quality 

24 improvement and adoption of health information tech25 nology and $1,000,000 shall be to carry out section 


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1 1820(g)(6) of the Social Security Act, with funds provided 

2 for such grants available for the purchase and implemen3 tation of telehealth services, including pilots and dem4 onstrations on the use of electronic health records to co5 ordinate rural veterans care between rural providers and 

6 the Department of Veterans Affairs through the use of 

7 the VISTA-Electronic Health Record: Provided further, 

8 That notwithstanding section 338J(k) of the PHS Act, 

9 $10,055,000 shall be available for State Offices of Rural 

10 Health. 

11 PROGRAM MANAGEMENT

12 For program support in the Health Resources and 

13 Services Administration, $147,052,000: Provided, That 

14 funds made available under this heading may be used to 

15 supplement program support funding provided under the 

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

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

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

19 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

20 ACCOUNT

21 Such sums as may be necessary to carry out the pur22 pose of the program, as authorized by title VII of the PHS 

23 Act. For administrative expenses to carry out the guaran24 teed loan program, including section 709 of the PHS Act, 

25 $2,841,000. 


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1 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

2 For payments from the Vaccine Injury Compensation 

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

4 be necessary for claims associated with vaccine-related in5 jury or death with respect to vaccines administered after 

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

7 of the PHS Act, to remain available until expended: Pro8 vided, That for necessary administrative expenses, not to 

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

10 to the Secretary of Health and Human Services. 

11 CENTERS FOR DISEASE CONTROL AND PREVENTION

12 IMMUNIZATION AND RESPIRATORY DISEASES

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

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

15 Immigration and Nationality Act, and section 501 of the 

16 Refugee Education Assistance Act, with respect to immu17 nization and respiratory diseases, $686,765,000: Provided, 

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

19 shall be available from amounts available under section 

20 241 of the PHS Act to carry out the National Immuniza21 tion Surveys. 

22 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

23 DISEASES, AND TUBERCULOSIS PREVENTION

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

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


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1 hepatitis, sexually transmitted diseases, and tuberculosis 

2 prevention, $1,043,291,000. 

3 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

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

5 section 2821 of the PHS Act, titles II and IV of the Immi6 gration and Nationality Act, and section 501 of the Ref7 ugee Education Assistance Act, with respect to emerging 

8 and zoonotic infectious diseases, $242,070,000. 

9 CHRONIC DISEASE PREVENTION AND HEALTH

10 PROMOTION

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

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

13 prevention and health promotion, $701,680,000: Provided, 

14 That funds appropriated under this account may be avail15 able for making grants under section 1509 of the PHS 

16 Act for up to 21 States, tribes, or tribal organizations. 

17 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

18 DISABILITIES AND HEALTH

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

20 the PHS Act with respect to birth defects, developmental 

21 disabilities, disabilities and health, $121,809,000. 

22 ENVIRONMENTAL HEALTH

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

24 PHS Act with respect to environmental health, 

25 $115,106,000. 


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1 INJURY PREVENTION AND CONTROL

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

3 PHS Act with respect to injury prevention and control, 

4 $141,388,000. 

5 OCCUPATIONAL SAFETY AND HEALTH

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

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

8 501, and 514 of the Federal Mine Safety and Health Act, 

9 section 13 of the Mine Improvement and New Emergency 

10 Response Act, and sections 20, 21, and 22 of the Occupa11 tional Safety and Health Act, with respect to occupational 

12 safety and health, $162,000,000: Provided, that in addi13 tion to amounts provided herein, $87,663,000 shall be 

14 available from amounts available under section 241 of the 

15 PHS Act. 

16 EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

17 PROGRAM

18 For necessary expenses to administer the Energy 

19 Employees Occupational Illness Compensation Program 

20 Act, $55,358,000 to remain available until expended: Pro21 vided, That this amount shall be available consistent with 

22 the provision regarding administrative expenses in section 

23 151(b) of division B, title I of Public Law 106–554. 


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1 GLOBAL HEALTH

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

3 PHS Act with respect to global health, $324,246,000, of 

4 which $118,023,000 for international HIV/AIDS shall re5 main available through September 30, 2013: Provided, 

6 That funds may be used for purchase and insurance of 

7 official motor vehicles in foreign countries. 

8 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

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

10 PHS Act with respect to public health preparedness and 

11 response, and for expenses necessary to support activities 

12 related to countering potential biological, nuclear, radio13 logical, and chemical threats to civilian populations, and 

14 related to the purchase, hire, maintenance, and operation 

15 of aircraft for use and support of the activities of the Cen16 ters for Disease Control and Prevention, $1,340,104,000, 

17 of which $522,486,000 shall remain available until ex18 pended for the Strategic National Stockpile under section 

19 319F–2 of the PHS Act. 

20 BUILDINGS AND FACILITIES

21 For acquisition of real property, equipment, construc22 tion and renovation of facilities, $30,000,000, which shall 

23 remain available until September 30, 2016. 


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1 HEALTH STATISTICS

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

3 with respect to health statistics, $136,683,000 shall be 

4 available from amounts available under section 241 of the 

5 PHS Act. 

6 CROSS-CUTTING ACTIVITIES AND PROGRAM SUPPORT

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

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

9 activities and program support that supplement activities 

10 funded under the headings ‘‘Immunization and Res11 piratory Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually 

12 Transmitted Diseases, and Tuberculosis Prevention’’, 

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

14 Disease Prevention and Health Promotion’’, ‘‘Birth De15 fects, Developmental Disabilities, Disabilities and 

16 Health’’, ‘‘Environmental Health’’, ‘‘Injury Prevention 

17 and Control’’, ‘‘Occupational Safety and Health’’, ‘‘Em18 ployees Occupational Illness Compensation Program Act’’, 

19 ‘‘Global Health’’, ‘‘Public Health Preparedness and Re20 sponse’’, ‘‘Buildings and Facilities’’, and ‘‘Health Statis21 tics’’, $688,940,000, of which $100,000,000 shall be for 

22 the Preventive Health and Health Services Block Grant 

23 Program: Provided, That paragraphs (1) through (3) of 

24 subsection (b) of section 2821 of the PHS Act shall not 

25 apply to funds appropriated under this heading and in all 


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1 other accounts of the Centers for Disease Control and Pre2 vention: Provided further, That in addition to amounts 

3 provided herein, $109,086,000 shall be available from 

4 amounts available under section 241 of the PHS Act to 

5 carry out Public Health Scientific Services: Provided fur6 ther, That employees of the Centers for Disease Control 

7 and Prevention or the Public Health Service, both civilian 

8 and commissioned officers, detailed to States, municipali9 ties, or other organizations under authority of section 214 

10 of the PHS Act, or in overseas assignments, shall be treat11 ed as non-Federal employees for reporting purposes only 

12 and shall not be included within any personnel ceiling ap13 plicable to the Agency, Service, or the Department of 

14 Health and Human Services during the period of detail 

15 or assignment: Provided further, That the Centers for Dis16 ease Control and Prevention may use up to $10,000 from 

17 amounts appropriated to the Centers for Disease Control 

18 and Prevention in this Act for official reception and rep19 resentation expenses when specifically approved by the Di20 rector of the Centers for Disease Control and Prevention: 

21 Provided further, That funds made available under ‘‘Im22 munization and Respiratory Diseases’’, ‘‘HIV/AIDS, Viral 

23 Hepatitis, Sexually Transmitted Diseases, and Tuber24 culosis Prevention’’, ‘‘Emerging and Zoonotic Infectious 

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1 motion’’, ‘‘Birth Defects, Developmental Disabilities, Dis2 abilities and Health’’, ‘‘Environmental Health’’, and ‘‘In3 jury Prevention and Control’’ may be used for inter4 national public health activities only after an operating 

5 plan for these activities has been submitted to the Com6 mittees on Appropriations of the House of Representatives 

7 and the Senate, and such Committees issue an approval, 

8 or absent a response, a period of 45 days has elapsed: 

9 Provided further, That such sums as may be derived from 

10 authorized user fees, which shall be credited to the appro11 priation charged with the cost thereof: Provided further, 

12 That with respect to the previous proviso, authorized user 

13 fees from the Vessel Sanitation Program shall be available 

14 through September 30, 2013. 

15 NATIONAL INSTITUTES OF HEALTH

16 NATIONAL CANCER INSTITUTE

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

18 Act with respect to cancer, $5,196,136,000, of which up 

19 to $8,000,000 may be used for facilities repairs and im20 provements at the National Cancer Institute-Frederick 

21 Federally Funded Research and Development Center in 

22 Frederick, Maryland. 


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1 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

3 Act with respect to cardiovascular, lung, and blood dis4 eases, and blood and blood products, $3,147,992,000. 

5 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

6 RESEARCH

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

8 Act with respect to dental disease, $420,369,000. 

9 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

10 KIDNEY DISEASES

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

12 Act with respect to diabetes and digestive and kidney dis13 eases, $1,837,957,000. 

14 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

15 AND STROKE

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

17 Act with respect to neurological disorders and stroke, 

18 $1,664,253,000. 

19 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

20 DISEASES

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

22 Act with respect to allergy and infectious diseases, 

23 $4,915,970,000. 


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1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

3 Act with respect to general medical sciences, 

4 $2,102,300,000. 

5 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

6 CHILD HEALTH AND HUMAN DEVELOPMENT

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

8 Act with respect to child health and human development, 

9 $1,352,189,000. 

10 NATIONAL EYE INSTITUTE

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

12 Act with respect to eye diseases and visual disorders, 

13 $719,059,000. 

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

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

17 Act with respect to environmental health sciences, 

18 $700,537,000, of which none of the funds may be used 

19 for travel by the Office of the Director. 

20 NATIONAL INSTITUTE ON AGING

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

22 Act with respect to aging, $1,129,987,000. 


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1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

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

4 Act with respect to arthritis and musculoskeletal and skin 

5 diseases, $547,891,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

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

9 Act with respect to deafness and other communication dis10 orders, $426,043,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

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

13 Act with respect to nursing research, $148,114,000. 

14 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

15 ALCOHOLISM

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

17 Act with respect to alcohol abuse and alcoholism, 

18 $469,197,000. 

19 NATIONAL INSTITUTE ON DRUG ABUSE

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

21 Act with respect to drug abuse, $1,080,018,000. 

22 NATIONAL INSTITUTE OF MENTAL HEALTH

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

24 Act with respect to mental health, $1,517,006,000. 


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1 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

3 Act with respect to human genome research, 

4 $524,807,000. 

5 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

6 BIOENGINEERING

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

8 Act with respect to biomedical imaging and bioengineering 

9 research, $322,106,000. 

10 NATIONAL CENTER FOR RESEARCH RESOURCES

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

12 Act with respect to research resources and general re13 search support grants, $1,397,900,000: Provided, That 

14 not less than $330,598,000 is provided for the Institu15 tional Development Awards program. 

16 NATIONAL CENTER FOR COMPLEMENTARY AND

17 ALTERNATIVE MEDICINE

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

19 Act with respect to complementary and alternative medi20 cine, $131,002,000. 

21 NATIONAL INSTITUTE ON MINORITY HEALTH AND

22 HEALTH DISPARITIES

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

24 Act with respect to minority health and health disparities 

25 research, $214,608,000. 


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1 JOHN E. FOGARTY INTERNATIONAL CENTER

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

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

4 title IV of the PHS Act), $71,328,000. 

5 NATIONAL LIBRARY OF MEDICINE

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

7 Act with respect to health information communications, 

8 $387,153,000: Provided, That in fiscal year 2012, the Na9 tional Library of Medicine may enter into personal serv10 ices contracts for the provision of services in facilities 

11 owned, operated, or constructed under the jurisdiction of 

12 the National Institutes of Health: Provided further, That 

13 in addition to amounts provided herein, $8,200,000 shall 

14 be available from amounts available under section 241 of 

15 the PHS Act to carry out the purposes of the National 

16 Information Center on Health Services Research and 

17 Health Care Technology established under section 478A 

18 of the PHS Act and related health services. 

19 OFFICE OF THE DIRECTOR

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out the responsibilities of the Office of 

22 the Director, National Institutes of Health (‘‘NIH’’), 

23 $1,198,412,000, of which up to $25,000,000 shall be used 

24 to carry out section 213 of this Act: Provided, That fund25 ing shall be available for the purchase of not to exceed 


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1 29 passenger motor vehicles for replacement only: Pro2 vided further, That the NIH shall collect third-party pay3 ments for the cost of clinical services that are incurred 

4 in NIH research facilities and that such payments shall 

5 be credited to the NIH Management Fund: Provided fur6 ther, That all funds credited to the NIH Management 

7 Fund shall remain available for one fiscal year after the 

8 fiscal year in which they are deposited: Provided further, 

9 That $193,880,000 shall be available for continuation of 

10 the National Children’s Study: Provided further, That 

11 $556,890,000 shall be available for the Common Fund es12 tablished under section 402A(c)(1) of the PHS Act: Pro13 vided further, That none of the funds provided for the 

14 Common Fund may be used to fund any Common Fund15 supported initiatives for a period of more than 10 fiscal 

16 years: Provided further, That up to $10,000,000 shall be 

17 available for the Director’s Discretionary Fund, of which 

18 up to $2,000,000 may be used to establish the Cures Ac19 celeration Board within the Office of the Director’s Divi20 sion of Program Coordination, Planning, and Strategic 

21 Initiatives to develop a plan with prioritized recommenda22 tions related to the Cures Acceleration Network for con23 sideration in future appropriations: Provided further, That 

24 up to $10,000 shall be for official reception and represen25 tation expenses when specifically approved by the Director 


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

2 Research within the Office of the Director of the NIH may 

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

4 or renovation of facilities as provided for in section 

5 2354(a)(5)(B) of the PHS Act: Provided further, That the 

6 Director of the NIH shall ensure that at least 9,150 new 

7 and competing research project grants are awarded in fis8 cal year 2012 from all Institute, Center, and Office of the 

9 Director accounts within the ‘‘Department of Health and 

10 Human Services, National Institutes of Health’’: Provided 

11 further, That the Director of the NIH shall, with respect 

12 to the aggregate amount of funds appropriated to the NIH 

13 by this Act, maintain an allocation of 90 percent to extra14 mural activities and 10 percent for intramural activities: 

15 Provided further, That the Director of the NIH shall en16 sure that, of all funds made available to Institute, Center, 

17 and Office of the Director accounts within ‘‘Department 

18 of Health and Human Services, National Institutes of 

19 Health’’, at least $487,767,000 is provided to the Clinical 

20 & Translational Sciences Awards program: Provided fur21 ther, That the Director of the NIH may request to direct 

22 up to 1 percent of the total amount made available in this 

23 Act to all National Institutes of Health appropriations to 

24 activities the Director may so designate: Provided further, 

25 That no such appropriations shall be decreased by more 


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1 than 1 percent by any such transfer and that the Commit2 tees on Appropriations of the House of Representatives 

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

4 of any transfer and approve such transfer. 

5 BUILDINGS AND FACILITIES

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

7 acquisition of equipment for facilities of or used by the 

8 National Institutes of Health, including the acquisition of 

9 real property, $125,581,000, to remain available until 

10 September 30, 2016. 

11 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

12 ADMINISTRATION

13 MENTAL HEALTH

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

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

16 Advocacy for Individuals with Mental Illness Act, 

17 $765,438,000: Provided, That notwithstanding section 

18 520A(f)(2) of the PHS Act, no funds appropriated for car19 rying out section 520A shall be available for carrying out 

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

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

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

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

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

25 collection and evaluation activities, and further that the 


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

2 shall not exceed 5 percent of the amounts appropriated 

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

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

5 funds appropriated under this Act for fiscal year 2012. 

6 SUBSTANCE ABUSE

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

8 Act with respect to substance abuse, $2,199,360,000 : 

9 Provided, That in addition to amounts provided herein, 

10 the following amounts shall be available under section 241 

11 of the PHS Act: (1) $79,200,000 to carry out subpart 

12 II of part B of title XIX of the PHS Act to fund section 

13 1935(b) technical assistance, national data, data collection 

14 and evaluation activities under section 1935(b) of such 

15 Act, and further that the total available under this Act 

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

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

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

19 treatment programs: Provided further, That no funds shall 

20 be available for the National All Schedules Prescription 

21 Reporting system. 

22 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

23 For program support in the Substance Abuse and 

24 Mental Health Services Administration, $122,116,000: 

25 Provided, That in addition to amounts provided herein, 


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1 $29,346,000 shall be available under section 241 of the 

2 PHS Act to supplement funds available to carry out na3 tional surveys on drug abuse and mental health, to collect 

4 and analyze program data, and to conduct public aware5 ness and technical assistance activities: Provided further, 

6 That funds made available under this heading may be 

7 used to supplement program support funding provided 

8 under the headings ‘‘Substance Abuse’’, ‘‘Mental Health’’, 

9 and ‘‘Cross-Cutting Activities’’. 

10 CROSS-CUTTING ACTIVITIES

11 For cross-cutting activities that supplement activities 

12 funded under the headings ‘‘Substance Abuse’’ and ‘‘Men13 tal Health’’ in carrying out title V of the PHS Act, 

14 $10,000,000. 

15 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

16 HEALTHCARE RESEARCH AND QUALITY

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

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

19 1013 of the Medicare Prescription Drug, Improvement, 

20 and Modernization Act of 2003, amounts received from 

21 Freedom of Information Act fees, reimbursable and inter22 agency agreements, and the sale of data shall be credited 

23 to this appropriation and shall remain available until Sep24 tember 30, 2013: Provided, That the amount made availVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 able pursuant to section 937(c) of the PHS Act shall not 

2 exceed $324,294,000. 

3 CENTERS FOR MEDICARE AND MEDICAID SERVICES

4 GRANTS TO STATES FOR MEDICAID

5 Except as otherwise provided, for carrying out titles 

6 XI and XIX of the Social Security Act, $184,623,203,000, 

7 to remain available until expended. 

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

9 or in the case of section 1928 on behalf of States under 

10 title XIX of the Social Security Act (or in the case of sec11 tion 1928 of such title, on behalf of states) for the last 

12 quarter of fiscal year 2012 for unanticipated costs in13 curred for the current fiscal year, such sums as may be 

14 necessary. 

15 For making payments to States or in the case of sec16 tion 1928 on behalf of States under title XIX of the Social 

17 Security Act (or in the case of section 1928 of such title, 

18 on behalf of states) of Section for the first quarter of fiscal 

19 year 2013, $90,614,082,000, to remain available until ex20 pended. 

21 Payment under such title XIX may be made for any 

22 quarter with respect to a State plan or plan amendment 

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

24 such quarter and approved in that or any subsequent 

25 quarter. 


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1 PAYMENTS TO HEALTH CARE TRUST FUNDS

2 For payment to the Federal Hospital Insurance 

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

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

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

7 1965, section 278(d)(3) of Public Law 97–248, and for 

8 administrative expenses incurred pursuant to section 

9 201(g) of the Social Security Act, $231,012,000,000. 

10 In addition, for making matching payments under 

11 section 1844 and benefit payments under section 1860D– 

12 16 of the Social Security Act that were not anticipated 

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

14 PROGRAM MANAGEMENT

15 Except as otherwise provided, for carrying out titles 

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

17 XIII and XXVII of the PHS Act, and the Clinical Labora18 tory Improvement Amendments of 1988, not to exceed 

19 $3,173,005,000, to be transferred from the Federal Hos20 pital Insurance Trust Fund and the Federal Supple21 mentary Medical Insurance Trust Fund, as authorized by 

22 section 201(g) of the Social Security Act; together with 

23 all funds collected in accordance with section 353 of the 

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

25 Act, funds retained by the Secretary of Health and 


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1 Human Services pursuant to section 302 of the Tax Relief 

2 and Health Care Act of 2006; and such sums as may be 

3 collected from authorized user fees and the sale of data, 

4 which shall be credited to this account and remain avail5 able until September 30, 2013: Provided, That no funds 

6 shall be provided to the Research, Demonstration, and 

7 Evaluation program: Provided further, That the level for 

8 Medical Operations shall be $2,103,266,000: Provided fur9 ther, That the level for the Federal Administration Pro10 gram shall be $675,263,000: Provided further, That all 

11 funds derived in accordance with section 9701 of Title 31, 

12 United States Code from organizations established under 

13 title XIII of the PHS Act shall be credited to and available 

14 for carrying out the purposes of this appropriation: Pro15 vided further, That $34,000,000, to remain available 

16 through September 30, 2013, shall be for contract costs 

17 for the Healthcare Integrated General Ledger Accounting 

18 System: Provided further, That none of the funds provided 

19 shall be used to support the Center for Consumer Infor20 mation and Insurance Oversight or activities developed, 

21 administered, or implemented by this Center: Provided 

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

23 fiscal year 2012 from Medicare Advantage organizations 

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

25 and from eligible organizations with risk-sharing contracts 


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1 under section 1876 of that Act pursuant to section 

2 1876(k)(4)(D) of that Act: Provided further, That 

3 $44,000,000 shall be available for the State high-risk 

4 health insurance pool program as authorized by the State 

5 High Risk Pool Funding Extension Act of 2006. 

6 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

7 In addition to amounts otherwise available for pro8 gram integrity and program management, $581,000,000, 

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

10 transferred from the Federal Hospital Insurance Trust 

11 Fund and the Federal Supplementary Medical Insurance 

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

13 Security Act, of which $332,301,000 shall be for the Medi14 care Integrity Program at the Centers for Medicare and 

15 Medicaid Services, including administrative costs, to con16 duct oversight activities for Medicare Advantage under 

17 Part C and the Medicare Prescription Drug Program 

18 under Part D of the Social Security Act and for activities 

19 described in section 1893(b) of such Act; of which 

20 $97,556,000 shall be for the Department of Health and 

21 Human Services Office of Inspector General to carry out 

22 fraud and abuse activities authorized by section 

23 1817(k)(3) of such Act; of which $58,058,000 shall be for 

24 the Medicaid and Children’s Health Insurance Program 

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


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1 $93,085,000 shall be for the Department of Justice to 

2 carry out fraud and abuse activities authorized by section 

3 1817(k)(3) of such Act: Provided, That the report re4 quired by section 1817(k)(5) of the Social Security Act 

5 for fiscal year 2012 shall include measures of the oper6 ational efficiency and impact on fraud, waste, and abuse 

7 in the Medicare, Medicaid, and CHIP programs from the 

8 funds provided by this appropriation: Provided further, 

9 That the Secretary of Health and Human Services shall 

10 support the full cost of the Senior Medicare Patrol pro11 gram to combat health care fraud and abuse from the 

12 funds provided to this account. 

13 ADMINISTRATION FOR CHILDREN AND FAMILIES

14 PAYMENTS TO STATES FOR CHILD SUPPORT

15 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

16 For making payments to States or other non-Federal 

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

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

19 $2,305,035,000, to remain available until expended; and 

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

21 $1,100,000,000, to remain available until expended. 

22 For making payments to each State for carrying out 

23 the program of Aid to Families with Dependent Children 

24 under title IV–A of the Social Security Act before the ef25 fective date of the program of Temporary Assistance for 


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

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

3 available to a State with respect to expenditures under 

4 such title IV–A in fiscal year 1997 under this appropria5 tion and under such title IV–A as amended by the Per6 sonal Responsibility and Work Opportunity Reconciliation 

7 Act of 1996 shall not exceed the limitations under section 

8 116(b) of such Act. 

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

10 payments to States or other non-Federal entities under 

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

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

13 of the current fiscal year for unanticipated costs, incurred 

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

15 LOW INCOME HOME ENERGY ASSISTANCE

16 For making payments under subsections (b) and (d) 

17 of section 2602 of the Low Income Home Energy Assist18 ance Act of 1981, $3,391,973,000: Provided, That not19 withstanding section 2609A(a), of the amounts appro20 priated under section 2602(b), not more than $2,000,000 

21 of such amounts may be reserved by the Secretary of 

22 Health and Human Services for monitoring program ac23 tivities for compliance with internal controls, policies, and 

24 procedures. 


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1 REFUGEE AND ENTRANT ASSISTANCE

2 For necessary expenses for refugee and entrant as3 sistance activities authorized by section 414 of the Immi4 gration and Nationality Act and section 501 of the Ref5 ugee Education Assistance Act of 1980, for carrying out 

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

7 235 of the William Wilberforce Trafficking Victims Pro8 tection Reauthorization Act of 2008, and the Trafficking 

9 Victims Protection Act of 2000, for costs associated with 

10 the care and placement of unaccompanied alien children, 

11 and for carrying out the Torture Victims Relief Act of 

12 1998, $729,466,000, of which up to $9,794,000 shall be 

13 available to carry out the Trafficking Victims Protection 

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

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

16 and Nationality Act, section 462 of the Homeland Secu17 rity Act of 2002, section 235 of the William Wilberforce 

18 Trafficking Victims Protection Reauthorization Act of 

19 2008, and the Trafficking Victims Protection Act of 2000 

20 for fiscal year 2012 shall be available for the costs of as21 sistance provided and other activities to remain available 

22 through September 30, 2014. 


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1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For carrying out the Child Care and Development 

4 Block Grant Act of 1990, $2,222,628,000 shall be used 

5 to supplement, not supplant, State general revenue funds 

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

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

8 and referral and school-aged child care activities. Provided 

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

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

11 shall be reserved by the States for activities authorized 

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

13 activities that improve the quality of infant and toddler 

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

15 by the Secretary of Health and Human Services for child 

16 care research, demonstration, and evaluation activities. 

17 SOCIAL SERVICES BLOCK GRANT

18 For making grants to States pursuant to section 

19 2002 of the Social Security Act, $1,700,000,000: Pro20 vided, That notwithstanding subparagraph (B) of section 

21 404(d)(2) of such Act, the applicable percent specified 

22 under such subparagraph for a State to carry out State 

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

24 percent. 


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1 CHILDREN AND FAMILIES SERVICES PROGRAMS

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out, except as otherwise provided, the 

4 Runaway and Homeless Youth Act, the Developmental 

5 Disabilities Assistance and Bill of Rights Act of 2000, the 

6 Head Start Act, the Child Abuse Prevention and Treat7 ment Act, sections 303 and 313 of the Family Violence 

8 Prevention and Services Act, the Native American Pro9 grams Act of 1974, title II of the Child Abuse Prevention 

10 and Treatment and Adoption Reform Act of 1978 (adop11 tion opportunities), the Abandoned Infants Assistance Act 

12 of 1988, part B–1 of title IV and sections 413, 1110, and 

13 1115 of the Social Security Act; for making payments 

14 under the Community Services Block Grant Act (‘‘CSBG 

15 Act’’), sections 439(i), 473B, and 477(i) of the Social Se16 curity Act, and the Assets for Independence Act; and for 

17 necessary administrative expenses to carry out such Acts 

18 and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social 

19 Security Act, the Act of July 5, 1960, the Low Income 

20 Home Energy Assistance Act of 1981, title IV of the Im21 migration and Nationality Act, and section 501 of the Ref22 ugee Education Assistance Act of 1980, $9,989,073,000, 

23 of which $39,421,000, to remain available through Sep24 tember 30, 2013, shall be for grants to States for adoption 

25 incentive payments, as authorized by section 473A of the 


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1 Social Security Act and may be made for adoptions com2 pleted before September 30, 2012: Provided, That 

3 $8,099,783,000 shall be for making payments under the 

4 Head Start Act: Provided further, That for purposes of 

5 allocating funds described by the immediately preceding 

6 proviso, the term ‘‘base grant’’ as used in subsection 

7 (a)(7)(A) of section 640 of such Act with respect to fund8 ing provided to a Head Start agency (including each Early 

9 Head Start agency) for fiscal year 2011 shall be calculated 

10 as described in such subsection and to such amount shall 

11 be added 50 percent of the amount of funds appropriated 

12 under the heading ‘‘Department of Health and Human 

13 Services, Administration for Children and Families, Chil14 dren and Families Services Programs’’ in Public Law 

15 111–5 and provided to such agency for carrying out ex16 pansion of Head Start programs, as that phrase is used 

17 in subsection (a)(4)(D) of such section 640, and provided 

18 to such agency as the ongoing funding level for operations 

19 in the 12-month period beginning in fiscal year 2011: Pro20 vided further, That of the amounts available for payments 

21 under the Head Start Act under this heading, notwith22 standing subsections (a)(2)(C)(i) and (a)(3)(A)(ii)(II) of 

23 such section 640, not to exceed $20,000,000 shall be avail24 able for carrying out expansion of the Head Start pro25 grams described in subsection (a)(3)(A)(ii)(II)(bb) of such 


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1 section 640: Provided further, That $703,630,000 shall be 

2 for making payments under the CSBG Act, of which 

3 $25,340,000 shall be for sections 680 and 678E(b)(2), of 

4 which not less than $20,000,000 shall be for section 

5 680(a)(2), and of which $4,990,000 shall be for section 

6 680(a)(3)(B) of such Act: Provided further, That in addi7 tion to amounts provided herein, $5,762,000 shall be 

8 available from amounts available under section 241 of the 

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

10 the Social Security Act: Provided further, That to the ex11 tent Community Services Block Grant funds are distrib12 uted as grant funds by a State to an eligible entity, as 

13 provided under the CSBG Act, and have not been ex14 pended by such entity, they shall remain with such entity 

15 for carryover into the next fiscal year for expenditure by 

16 such entity consistent with program purposes: Provided 

17 further, That the Secretary of Health and Human Services 

18 shall establish procedures regarding the disposition of in19 tangible assets and program income that permit such as20 sets acquired with, and program income derived from, 

21 grant funds authorized under section 680 of the CSBG 

22 Act to become the sole property of such grantees after a 

23 period of not more than 12 years after the end of the 

24 grant period for any activity consistent with section 

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1 tangible assets in the form of loans, equity investments 

2 and other debt instruments, and program income may be 

3 used by grantees for any eligible purpose consistent with 

4 section 680(a)(2)(A) of the CSBG Act: Provided further, 

5 That these procedures shall apply to grant funds provided 

6 under the CSBG Act made available after November 29, 

7 1999: Provided further, That funds appropriated for sec8 tion 680(a)(2) of the CSBG Act shall be available for fi9 nancing construction and rehabilitation and loans or in10 vestments in private business enterprises owned by com11 munity development corporations: Provided further, That 

12 $1,996,000 shall be for a human services case manage13 ment system for federally declared disasters, to include a 

14 comprehensive national case management contract and 

15 Federal costs of administering the system: Provided fur16 ther, That up to $2,000,000 shall be for improving the 

17 Public Assistance Reporting Information System, includ18 ing grants to States to support data collection for a study 

19 of the system’s effectiveness. 

20 PROMOTING SAFE AND STABLE FAMILIES

21 For carrying out section 436 of the Social Security 

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

23 $63,184,000 . 


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1 PAYMENTS FOR FOSTER CARE AND PERMANENCY

2 For making payments to States or other non-Federal 

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

4 $5,153,000,000. 

5 For making payments to States or other non-Federal 

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

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

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

9 payments to States or other non-Federal entities under 

10 section 474 of the Social Security Act, for the last 3 

11 months of the current fiscal year for unanticipated costs, 

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

13 necessary. 

14 ADMINISTRATION ON AGING

15 AGING SERVICES PROGRAMS

16 For carrying out, to the extent not otherwise pro17 vided, the Older Americans Act of 1965, section 398 and 

18 title XXIX of the PHS Act, and section 119 of the Medi19 care Improvements for Patients and Providers Act of 

20 2008, $1,471,324,000, of which up to $5,500,000 shall 

21 be available for activities regarding medication manage22 ment, screening, and education to prevent incorrect medi23 cation and adverse drug reactions: Provided, That 

24 $819,353,000 shall be for grants to States for nutrition 

25 program activities: Provided further, That $410,434,000 


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1 shall be for grants to States for home and community 

2 based services, preventive health, and protection of older 

3 Americans activities: Provided further, That $160,288,000 

4 shall be for grants to States for caregivers program activi5 ties: Provided further, That none of the funds provided 

6 shall be used to carry out sections 1701 and 1703 of the 

7 PHS Act (with respect to chronic disease self-management 

8 activity grants), except that such funds may be used for 

9 necessary expenses associated with administering any such 

10 grants awarded prior to the date of the enactment of this 

11 Act: Provided further, That none of the funds provided 

12 may be used to support Program Innovation activities. 

13 OFFICE OF THE SECRETARY

14 GENERAL DEPARTMENTAL MANAGEMENT

15 For necessary expenses, not otherwise provided, for 

16 general departmental management, including hire of six 

17 passenger motor vehicles, and for carrying out titles III, 

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

19 Border Health Commission Act, and research studies 

20 under section 1110 of the Social Security Act, 

21 $343,280,000, and $55,394,000 from the amounts avail22 able under section 241 of the PHS Act to carry out na23 tional health or human services research and evaluation 

24 activities: Provided, That of the amounts available under 

25 section 241 of the PHS Act, $53,891,000 shall be for miVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 nority AIDS prevention and treatment activities: Provided 

2 further, That of the funds made available under this head3 ing, $40,000,000 shall be for making competitive con4 tracts and grants to public and private entities to fund 

5 age appropriate programs that reduce teen pregnancy and 

6 for the Federal costs associated with administering and 

7 evaluating such contracts and grants, of which 

8 $20,000,000 shall be for making competitive grants to 

9 provide abstinence education (as defined by section 

10 510(b)(2)(A)-(H) of the Social Security Act) to adoles11 cents, and for Federal costs of administering the grant: 

12 Provided further, That grants made under the authority 

13 of section 510(b)(2)(A)-(H) of the Social Security Act 

14 shall be made only to public and private entities that agree 

15 that, with respect to an adolescent to whom the entities 

16 provide abstinence education under such grant, the enti17 ties will not provide to that adolescent any other education 

18 regarding sexual conduct, except that, in the case of an 

19 entity expressly required by law to provide health informa20 tion or services the adolescent shall not be precluded from 

21 seeking health information or services from the entity in 

22 a different setting than the setting in which abstinence 

23 education was provided: Provided further, That funds pro24 vided in this Act for embryo adoption activities may be 

25 used to provide to individuals adopting embryos, through 


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1 grants and other mechanisms, medical and administrative 

2 services deemed necessary for such adoptions: Provided 

3 further, That such services shall be provided consistent 

4 with 42 CFR 59.5(a)(4). 

5 OFFICE OF MEDICARE HEARINGS AND APPEALS

6 For expenses necessary for administrative law judges 

7 responsible for hearing cases under title XVIII of the So8 cial Security Act (and related provisions of title XI of such 

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

10 from the Federal Hospital Insurance Trust Fund and the 

11 Federal Supplementary Medical Insurance Trust Fund. 

12 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

13 INFORMATION TECHNOLOGY

14 For expenses necessary for the Office of the National 

15 Coordinator for Health Information Technology, including 

16 grants, contracts, and cooperative agreements for the de17 velopment and advancement of interoperable health infor18 mation technology, $28,051,000, which shall be available 

19 from amounts available under section 241 of the Public 

20 Health Service Act. 

21 OFFICE OF INSPECTOR GENERAL

22 For expenses necessary for the Office of Inspector 

23 General, including the hire of passenger motor vehicles for 

24 investigations, in carrying out the provisions of the Inspec25 tor General Act of 1978, $50,178,000: Provided, That of 


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1 such amount, necessary sums shall be available for pro2 viding protective services to the Secretary of Health and 

3 Human Services and investigating non-payment of child 

4 support cases for which non-payment is a Federal offense 

5 under 18 U.S.C. 228: Provided further, That at least 40 

6 percent of the funds provided in this Act for the Office 

7 of Inspector General shall be used only for investigations, 

8 audits, and evaluations pertaining to the discretionary 

9 programs funded in this Act. 

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil 

12 Rights, $37,709,000, together with not to exceed 

13 $3,307,000 to be transferred and expended as authorized 

14 by section 201(g)(1) of the Social Security Act from the 

15 Federal Hospital Insurance Trust Fund and the Federal 

16 Supplementary Medical Insurance Trust Fund. 

17 RETIREMENT PAY AND MEDICAL BENEFITS FOR

18 COMMISSIONED OFFICERS

19 For retirement pay and medical benefits of Public 

20 Health Service Commissioned Officers as authorized by 

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

22 Protection Plan and Survivor Benefit Plan, and for med23 ical care of dependents and retired personnel under the 

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

25 required during the current fiscal year. 


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1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

2 FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to support activities related 

5 to countering potential biological, nuclear, radiological, 

6 chemical, and cybersecurity threats to civilian populations, 

7 and for other public health emergencies and to pay the 

8 costs described in section 319F–2(c)(7)(B) of the PHS 

9 Act, $543,114,000, of which $29,647,000 shall be to sup10 port preparedness and emergency operations. 

11 From funds transferred to this account pursuant to 

12 the fourth paragraph under this heading in Public Law 

13 111–117, up to $415,000,000 shall be available for ex14 penses necessary to support advanced research and devel15 opment pursuant to section 319L of the PHS Act, and 

16 other administrative expenses of the Biomedical Advanced 

17 Research and Development Authority to support addi18 tional advanced research and development. 

19 GENERAL PROVISIONS

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

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

22 and representation expenses when specifically approved by 

23 the Secretary of Health and Human Services. 

24 SEC. 202. The Secretary of Health and Human Serv25 ices shall make available through assignment not more 


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1 than 60 employees of the Public Health Service to assist 

2 in child survival activities and to work in AIDS programs 

3 through and with funds provided by the Agency for Inter4 national Development, the United Nations International 

5 Children’s Emergency Fund, or the World Health Organi6 zation. 

7 SEC. 203. None of the funds appropriated in this title 

8 shall be used to pay the salary of an individual, through 

9 a grant or other extramural mechanism, at a rate in excess 

10 of Executive Level III. 

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

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

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

14 for other taps and assessments made by any office located 

15 in the Department of Health and Human Services, prior 

16 to the preparation and submission of a report by the Sec17 retary of Health and Human Services to the Committees 

18 on Appropriations of the House of Representatives and the 

19 Senate detailing the planned uses of such funds. 

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

21 PHS Act, such portion as the Secretary of Health and 

22 Human Services shall determine, but not more than 2.4 

23 percent, of any amounts appropriated for programs au24 thorized under such Act shall be made available for the 


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1 evaluation (directly, or by grants or contracts) of the im2 plementation and effectiveness of such programs. 

3 (TRANSFER OF FUNDS)

4 SEC. 206. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and 

6 Emergency Deficit Control Act of 1985) which are appro7 priated for the current fiscal year for the Department of 

8 Health and Human Services in this Act may be trans9 ferred between appropriations, but no such appropriation 

10 shall be increased by more than 3 percent by any such 

11 transfer: Provided, That the transfer authority granted by 

12 this section shall be available only to meet emergency 

13 needs and shall not be used to create any new program 

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

15 provided in this Act: Provided further, That the Commit16 tees on Appropriations of the House of Representatives 

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

18 of any transfer and approve such transfer. 

19 (TRANSFER OF FUNDS)

20 SEC. 207. The Director of the National Institutes of 

21 Health, jointly with the Director of the Office of AIDS 

22 Research, may transfer up to 3 percent among institutes 

23 and centers from the total amounts identified by these two 

24 Directors as funding for research pertaining to the human 

25 immunodeficiency virus: Provided, That the Committees 


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1 on Appropriations of the House of Representatives and the 

2 Senate are notified at least 15 days in advance of any 

3 transfer and approve such transfer. 

4 (TRANSFER OF FUNDS)

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

6 for the National Institutes of Health, the amount for re7 search related to the human immunodeficiency virus, as 

8 jointly determined by the Director of the National Insti9 tutes of Health and the Director of the Office of AIDS 

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

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

12 Research shall transfer from such account amounts nec13 essary to carry out section 2353(d)(3) of the PHS Act. 

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

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

16 PHS Act unless the applicant for the award certifies to 

17 the Secretary of Health and Human Services that it en18 courages family participation in the decision of minors to 

19 seek family planning services and that it provides coun20 seling to minors on how to resist attempts to coerce mi21 nors into engaging in sexual activities. 

22 SEC. 210. Notwithstanding any other provision of 

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

24 shall be exempt from any State law requiring notification 


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

2 abuse, rape, or incest. 

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

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

5 used to carry out the Medicare Advantage program if the 

6 Secretary of Health and Human Services denies participa7 tion in such program to an otherwise eligible entity (in8 cluding a Provider Sponsored Organization) because the 

9 entity informs the Secretary that it will not provide, pay 

10 for, provide coverage of, or provide referrals for abortions: 

11 Provided, That the Secretary shall make appropriate pro12 spective adjustments to the capitation payment to such an 

13 entity (based on an actuarially sound estimate of the ex14 pected costs of providing the service to such entity’s enroll15 ees): Provided further, That nothing in this section shall 

16 be construed to change the Medicare program’s coverage 

17 for such services and a Medicare Advantage organization 

18 described in this section shall be responsible for informing 

19 enrollees where to obtain information about all Medicare 

20 covered services. 

21 SEC. 212. In order for the Department of Health and 

22 Human Services to carry out international health activi23 ties, including HIV/AIDS, other infectious diseases, and 

24 chronic and environmental diseases, and other health ac25 tivities abroad during fiscal year 2012: 


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1 (1) The Secretary of Health and Human Serv2 ices may exercise authority equivalent to that avail3 able to the Secretary of State in section 2(c) of the 

4 State Department Basic Authorities Act of 1956. 

5 The Secretary of Health and Human Services shall 

6 consult with the Secretary of State and relevant 

7 Chief of Mission to ensure that the authority pro8 vided in this section is exercised in a manner con9 sistent with section 207 of the Foreign Service Act 

10 of 1980 and other applicable statutes administered 

11 by the Department of State. 

12 (2) The Secretary of Health and Human Serv13 ices is authorized to provide such funds by advance 

14 or reimbursement to the Secretary of State as may 

15 be necessary to pay the costs of acquisition, lease, 

16 alteration, renovation, and management of facilities 

17 outside of the United States for the use of the De18 partment of Health and Human Services. The De19 partment of State shall cooperate fully with the Sec20 retary of Health and Human Services to ensure that 

21 the Department of Health and Human Services has 

22 secure, safe, functional facilities that comply with 

23 applicable regulations governing location, setback, 

24 and other facilities requirements and serve the pur25 poses established by this Act. The Secretary of 


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1 Health and Human Services is authorized, in con2 sultation with the Secretary of State, through grant 

3 or cooperative agreement, to make available to pub4 lic or nonprofit private institutions or agencies in 

5 participating foreign countries, funds to acquire, 

6 lease, alter, or renovate facilities in those countries 

7 as necessary to conduct programs of assistance for 

8 international health activities, including activities re9 lating to HIV/AIDS, other infectious diseases, and 

10 chronic and environmental diseases, and other health 

11 activities abroad. 

12 (3) The Secretary of Health and Human Serv13 ices is authorized to provide to personnel appointed 

14 or assigned by the Secretary to serve abroad, allow15 ances and benefits similar to those provided under 

16 chapter 9 of title I of the Foreign Service Act of 

17 1980, and subject to such regulations prescribed by 

18 the Secretary. The Secretary is further authorized to 

19 provide locality-based comparability payments (stat20 ed as a percentage) up to the amount of the locality21 based comparability payment (stated as a percent22 age) that would be payable to such personnel under 

23 section 5304 of title 5, United States Code, if such 

24 personnel’s official duty station were in the District 

25 of Columbia. Leaves of absence for personnel under 


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1 this subsection shall be on the same basis as that 

2 provided under subchapter I of chapter 63 of title 5, 

3 United States Code, or section 903 of the Foreign 

4 Service Act of 1980, to individuals serving in the 

5 Foreign Service. 

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

7 other provision of law, the Director of the National Insti8 tutes of Health (‘‘Director’’) may use funds available 

9 under section 402(b)(7) or 402(b)(12) of the PHS Act to 

10 enter into transactions (other than contracts, cooperative 

11 agreements, or grants) to carry out research identified 

12 pursuant to such section 402(b)(7) (pertaining to the 

13 Common Fund) or research and activities described in 

14 such section 402(b)(12). 

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

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

17 review procedures (including consultation with appropriate 

18 scientific experts) as the Director determines to be appro19 priate to obtain assessments of scientific and technical 

20 merit. Such procedures shall apply to such transactions 

21 in lieu of the peer review and advisory council review pro22 cedures that would otherwise be required under sections 

23 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

24 and 494 of the PHS Act. 


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1 SEC. 214. Notwithstanding any other provision of 

2 law, discretionary funds made available under this Act 

3 may be used to operate the Council on Graduate Medical 

4 Education established by section 301 of Public Law 102– 

5 408. 

6 SEC. 215. Not to exceed $45,000,000 of funds appro7 priated by this Act to the institutes and centers of the 

8 National Institutes of Health may be used for alteration, 

9 repair, or improvement of facilities, as necessary for the 

10 proper and efficient conduct of the activities authorized 

11 herein, at not to exceed $3,500,000 per project. 

12 SEC. 216. None of the funds appropriated by this Act 

13 may be made available for sections 4001, 4004, and 4201 

14 of Public Law 111–148. 

15 (TRANSFER OF FUNDS)

16 SEC. 217. Of the amounts made available for the Na17 tional Institutes of Health, 1 percent of the amount made 

18 available for National Research Service Awards 

19 (‘‘NRSA’’) shall be made available to the Administrator 

20 of the Health Resources and Services Administration to 

21 make NRSA awards for research in primary medical care 

22 to individuals affiliated with entities who have received 

23 grants or contracts under section 747 of the PHS Act, 

24 and 1 percent of the amount made available for NRSA 

25 shall be made available to the Director of the Agency for 


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1 Healthcare Research and Quality to make NRSA awards 

2 for health service research. 

3 SEC. 218. Notwithstanding any other provision of 

4 law, none of the discretionary funds appropriated by this 

5 Act may be used to support any patient-centered outcomes 

6 research. 

7 SEC. 219. None of the funds made available in this 

8 title may be used, in whole or in part, to advocate or pro9 mote gun control. 

10 SEC. 220. Notwithstanding any other provision of 

11 law, not more than one percent of all title 42 employees 

12 may receive a salary that exceeds Executive Level III. 

13 SEC. 221. None of the funds appropriated or other14 wise made available in this Act may be expended to further 

15 creation of a Federally Funded Research and Develop16 ment Center (‘‘FFRDC’’) at the Centers for Medicare and 

17 Medicaid Services or create an FFRDC within the Depart18 ment of Health and Human Services, prior to submission 

19 of a specific request by the Secretary of Health and 

20 Human Services to the Committees on Appropriations of 

21 the House of Representatives and the Senate detailing the 

22 planned uses of the proposed FFRDC and the Committees 

23 provide written approval. 

24 SEC. 222. None of the funds appropriated in this Act 

25 may be used to carry-out title X of the PHS Act. 


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1 SEC. 223. None of the funds appropriated in this Act 

2 may be used for the Healthy Foods Financing Initiative. 

3 SEC. 224. None of the funds made available in this 

4 Act may be used to promulgate, implement, or enforce any 

5 expansion of liability or fines under the Emergency Med6 ical Treatment and Labor Act (Sections 1866(a)(1)(I), 

7 1866(a)(1)(N), and 1867 of the Social Security Act). 

8 This title may be cited as the ‘‘Department of Health 

9 and Human Services Appropriations Act, 2012’’. 

10 TITLE III—DEPARTMENT OF EDUCATION 

11 EDUCATION FOR THE DISADVANTAGED

12 For carrying out title I of the Elementary and Sec13 ondary Education Act of 1965 (referred to in this Act as 

14 the ‘‘ESEA’’) and section 418A of the Higher Education 

15 Act of 1965, $15,949,319,000, of which $2,624,555,000 

16 shall become available on July 1, 2012, and shall remain 

17 available through September 30, 2013, and of which 

18 $13,279,177,000 shall become available on October 1, 

19 2012, and shall remain available through September 30, 

20 2013, for academic year 2012–2013: Provided, That 

21 $6,584,750,000 shall be for basic grants under section 

22 1124 of the ESEA: Provided further, That up to 

23 $4,000,000 of these funds shall be available to the Sec24 retary of Education on October 1, 2011, to obtain annu25 ally updated local educational-agency-level census poverty 


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1 data from the Bureau of the Census: Provided further, 

2 That $1,362,301,000 shall be for concentration grants 

3 under section 1124A of the ESEA: Provided further, That 

4 $3,758,183,000 shall be for targeted grants under section 

5 1125 of the ESEA: Provided further, That 

6 $3,758,183,000 shall be for education finance incentive 

7 grants under section 1125A of the ESEA: Provided fur8 ther, That $5,000,000 shall be to carry out sections 1501 

9 and 1503 of the ESEA: Provided further, That the ESEA 

10 title I, part A funds awarded to local educational agencies 

11 under the American Recovery and Reinvestment Act of 

12 2009 for fiscal year 2009 shall not be considered for the 

13 purpose of calculating hold-harmless amounts under sec14 tions 1122(c) and 1125A(g)(3) in making allocations 

15 under title I, part A for fiscal year 2012 and succeeding 

16 years. 

17 IMPACT AID

18 For carrying out programs of financial assistance to 

19 federally affected schools authorized by title VIII of the 

20 Elementary and Secondary Education Act of 1965, 

21 $1,308,631,000, of which $1,170,724,000 shall be for 

22 basic support payments under section 8003(b), 

23 $48,505,000 shall be for payments for children with dis24 abilities under section 8003(d), $17,474,000 shall be for 

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1 able through September 30, 2012, $67,074,000 shall be 

2 for Federal property payments under section 8002, and 

3 $4,854,000, to remain available until expended, shall be 

4 for facilities maintenance under section 8008: Provided, 

5 That for purposes of computing the amount of a payment 

6 for an eligible local educational agency under section 

7 8003(a) for school year 2011–2012, children enrolled in 

8 a school of such agency that would otherwise be eligible 

9 for payment under section 8003(a)(1)(B) of such Act, but 

10 due to the deployment of both parents or legal guardians, 

11 or a parent or legal guardian having sole custody of such 

12 children, or due to the death of a military parent or legal 

13 guardian while on active duty (so long as such children 

14 reside on Federal property as described in section 

15 8003(a)(1)(B)), are no longer eligible under such section, 

16 shall be considered as eligible students under such section, 

17 provided such students remain in average daily attendance 

18 at a school in the same local educational agency they at19 tended prior to their change in eligibility status. 

20 SCHOOL IMPROVEMENT PROGRAMS

21 For carrying out school improvement activities au22 thorized by part A of title II, part B of title IV, parts 

23 A and B of title VI, and parts B and C of title VII of 

24 the ESEA; the McKinney-Vento Homeless Assistance Act; 

25 section 203 of the Educational Technical Assistance Act 


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1 of 2002; the Compact of Free Association Amendments 

2 Act of 2003; and the Civil Rights Act of 1964, 

3 $4,332,102,000, of which $2,571,034,000 shall become 

4 available on July 1, 2012, and remain available through 

5 September 30, 2013, and of which $1,681,441,000 shall 

6 become available on October 1, 2012, and shall remain 

7 available through September 30, 2013, for academic year 

8 2012–2013: Provided, That $379,951,000 shall be for 

9 State assessments authorized under section 6111 of the 

10 ESEA and $10,000,000 shall be for enhanced assessment 

11 instruments authorized under section 6112 of the ESEA: 

12 Provided further, That the Secretary shall implement part 

13 C of title VII of the ESEA without regard to the require14 ments of section 7304(d)(2): Provided further, That 

15 $8,000,000 shall be available to carry out section 203 of 

16 the Educational Technical Assistance Act of 2002: Pro17 vided further, That $17,652,000 shall be available to carry 

18 out the Supplemental Education Grants program for the 

19 Federated States of Micronesia and the Republic of the 

20 Marshall Islands: Provided further, That up to 5 percent 

21 of these amounts may be reserved by the Federated States 

22 of Micronesia and the Republic of the Marshall Islands 

23 to administer the Supplemental Education Grants pro24 grams and to obtain technical assistance, oversight and 

25 consultancy services in the administration of these grants 


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1 and to reimburse the Departments of Labor, Health and 

2 Human Services, and Education for such services. 

3 INDIAN EDUCATION

4 For expenses necessary to carry out, to the extent 

5 not otherwise provided, title VII, part A of the ESEA, 

6 $132,027,000. 

7 INNOVATION AND IMPROVEMENT

8 For carrying out activities authorized by part C of 

9 title II, and parts B, C, and D of title V of the ESEA, 

10 $821,411,000: Provided, That $399,200,000 shall be 

11 available to carry out part D of title V of the ESEA: Pro12 vided further, That $399,200,000 of the funds for subpart 

13 1 of part D of title V of the ESEA shall be for competitive 

14 grants to local educational agencies, including charter 

15 schools that are local educational agencies, or States, or 

16 partnerships of: (1) a local educational agency, a State, 

17 or both; and (2) at least one nonprofit organization to de18 velop and implement performance-based compensation 

19 systems for teachers, principals, and other personnel in 

20 high-need schools: Provided further, That such perform21 ance-based compensation systems must consider gains in 

22 student academic achievement as well as classroom evalua23 tions conducted multiple times during each school year 

24 among other factors and provide educators with incentives 

25 to take on additional responsibilities and leadership roles: 


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1 Provided further, That up to 5 percent of such funds for 

2 competitive grants shall be available for technical assist3 ance, training, peer review of applications, program out4 reach, and evaluation activities and that 95 percent shall 

5 become available on July 1, 2012, and remain available 

6 through September 30, 2013, for competitive grants: Pro7 vided further, That of the funds available for part B of 

8 title V of the ESEA the Secretary may use up to 

9 $125,000,000 to carry out activities under section 

10 5205(b), under subpart 2, and to make multiple awards 

11 for grants and subgrants to not-for-profit charter manage12 ment organizations and other not-for-profit entities for the 

13 replication and expansion of successful charter school 

14 models and may reserve up to $10,000,000 to carry out 

15 the activities described in section 5205(a), including by 

16 providing technical assistance and grants to authorized 

17 public chartering agencies to increase the number of high18 performing charter schools and to improve the quality of 

19 such schools: Provided further, That each application sub20 mitted pursuant to section 5203(a) shall describe a plan 

21 to monitor and hold accountable authorized public char22 tering agencies through such activities as providing tech23 nical assistance or establishing a professional development 

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1 lic chartering agencies to improve the capacity of such 

2 agencies in the State to authorize, monitor, and hold ac3 countable charter schools: Provided further, That each ap4 plication submitted pursuant to section 5203(a) shall con5 tain assurances that State law, regulations, or other poli6 cies require that: (1) each authorized charter school in the 

7 State operate under a legally binding charter or perform8 ance contract between itself and the school’s authorized 

9 public chartering agency that describes the obligations and 

10 responsibilities of the school and the public chartering 

11 agency; conduct annual, timely, and independent audits of 

12 the school’s financial statements that are filed with the 

13 school’s authorized public chartering agency; and dem14 onstrate improved student academic achievement; and (2) 

15 authorized public chartering agencies use increases in stu16 dent academic achievement for all groups of students de17 scribed in section 1111(b)(2)(C)(v) of the ESEA as the 

18 most important factor when determining to renew or re19 voke a school’s charter. 

20 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

21 For carrying out activities authorized by part A of 

22 title IV of the ESEA, $65,000,000. 

23 ENGLISH LANGUAGE ACQUISITION

24 For carrying out part A of title III of the ESEA, 

25 $733,531,000, which shall become available on July 1, 


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1 2012, and shall remain available through September 30, 

2 2013, except that 6.5 percent of such amount shall be 

3 available on October 1, 2011, and shall remain available 

4 through September 30, 2013, to carry out activities under 

5 section 3111(c)(1)(C): Provided, That the Secretary of 

6 Education shall use estimates of the American Community 

7 Survey child counts for the most recent 3-year period 

8 available to calculate allocations under such part. 

9 SPECIAL EDUCATION

10 For carrying out the Individuals with Disabilities 

11 Education Act (referred to in this Act as the ‘‘IDEA’’), 

12 $13,757,844,000, of which $4,924,727,000 shall become 

13 available on July 1, 2012, and shall remain available 

14 through September 30, 2013, and of which 

15 $8,592,383,000 shall become available on October 1, 

16 2012, and shall remain available through September 30, 

17 2013, for academic year 2012-2013: Provided, That the 

18 amount for section 611(b)(2) of the IDEA shall be equal 

19 to the lesser of the amount available for that activity dur20 ing fiscal year 2011, increased by the amount of inflation 

21 as specified in section 619(d)(2)(B) of the IDEA, or the 

22 percentage change in the funds appropriated under section 

23 611(i) of the IDEA, but not less than the amount for that 

24 activity during fiscal year 2011. 


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1 REHABILITATION SERVICES AND DISABILITY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, the Rehabilitation Act of 1973, the Assistive Tech4 nology Act of 1998, and the Helen Keller National Center 

5 Act, $3,522,686,000: Provided, That not less than 25 per6 cent of the State grants awarded under section 4 of the 

7 Assistive Technology Act of 1998 shall be for alternative 

8 financing programs that meet the requirements under sec9 tions 301(b), 303(b)(3), and 304(a), as such sections were 

10 in effect on the day before the date of enactment of the 

11 Assistive Technology Act of 2004. 

12 SPECIAL INSTITUTIONS FOR PERSONS WITH

13 DISABILITIES

14 AMERICAN PRINTING HOUSE FOR THE BLIND

15 For carrying out the Act of March 3, 1879, 

16 $24,551,000. 

17 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

18 For the National Technical Institute for the Deaf 

19 under titles I and II of the Education of the Deaf Act 

20 of 1986, $65,546,000, of which $240,000 shall be for con21 struction and shall remain available until expended: Pro22 vided, That from the total amount available, the Institute 

23 may at its discretion use funds for the endowment pro24 gram as authorized under section 207 of such Act. 


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1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

3 the Model Secondary School for the Deaf, and the partial 

4 support of Gallaudet University under titles I and II of 

5 the Education of the Deaf Act of 1986, $122,754,000, of 

6 which $4,754,000 shall be for construction and shall re7 main available until expended: Provided, That from the 

8 total amount available, the University may at its discre9 tion use funds for the endowment program as authorized 

10 under section 207 of such Act. 

11 CAREER, TECHNICAL, AND ADULT EDUCATION

12 For carrying out, to the extent not otherwise pro13 vided, the Carl D. Perkins Career and Technical Edu14 cation Act of 2006, the Adult Education and Family Lit15 eracy Act (referred to in this Act as the ‘‘AEFLA’’), 

16 $1,738,946,000, of which $947,946,000 shall become 

17 available on July 1, 2012, and shall remain available 

18 through September 30, 2013, and of which $791,000,000 

19 shall become available on October 1, 2012, and shall re20 main available through September 30, 2013: Provided, 

21 That of the amount provided for Adult Education State 

22 Grants, $75,000,000 shall be made available for inte23 grated English literacy and civics education services to im24 migrants and other limited-English proficient populations: 

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1 grated English literacy and civics education, notwith2 standing section 211 of the AEFLA, 65 percent shall be 

3 allocated to States based on a State’s absolute need as 

4 determined by calculating each State’s share of a 10-year 

5 average of the United States Citizenship and Immigration 

6 Services data for immigrants admitted for legal permanent 

7 residence for the 10 most recent years, and 35 percent 

8 allocated to States that experienced growth as measured 

9 by the average of the 3 most recent years for which United 

10 States Citizenship and Immigration Services data for im11 migrants admitted for legal permanent residence are avail12 able, except that no State shall be allocated an amount 

13 less than $60,000: Provided further, That of the amounts 

14 made available for AEFLA, $11,323,000 shall be for na15 tional leadership activities under section 243. 

16 STUDENT FINANCIAL ASSISTANCE

17 For carrying out subparts 1 and 3 of part A, and 

18 part C of title IV of the Higher Education Act of 1965, 

19 $22,367,521,000, which shall remain available through 

20 September 30, 2013. 

21 The maximum Pell Grant for which a student shall 

22 be eligible during award year 2012–2013 shall be $4,860: 

23 Provided, That if the Secretary determines, prior to publi24 cation of the payment schedule for such award year, that 

25 the amount appropriated or otherwise made available by 


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1 this Act or any other Act for Pell Grant awards in such 

2 award year, and any funds available from the fiscal year 

3 2011 appropriation for Pell Grant awards, are insufficient 

4 to satisfy fully all such awards for which students are eli5 gible, as calculated under section 401(b) of the Higher 

6 Education Act of 1965, the amount paid for each such 

7 award shall be reduced by either a fixed or variable per8 centage, or by a fixed dollar amount, as determined in ac9 cordance with a schedule of reductions established by the 

10 Secretary for this purpose. 

11 STUDENT AID ADMINISTRATION

12 For Federal administrative expenses to carry out part 

13 D of title I, and subparts 1, 3, 4, 9 and 10 of part A, 

14 and parts B, C, D, and E of title IV of the Higher Edu15 cation Act of 1965, $992,012,000: Provided, That not less 

16 than $370,314,000 shall be used to carry out loan serv17 icing activities. 

18 HIGHER EDUCATION

19 For carrying out, to the extent not otherwise pro20 vided, titles II, III, IV, V, VI, and VII of the Higher Edu21 cation Act of 1965 (referred to in this Act as the ‘‘HEA’’) 

22 and section 117 of the Carl D. Perkins Career and Tech23 nical Education Act of 2006, $1,628,052,000: Provided, 

24 That $600,000 shall be for data collection and evaluation 

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1 tivities needed to comply with the Government Perform2 ance and Results Act of 1993. 

3 HOWARD UNIVERSITY

4 For partial support of Howard University, 

5 $234,507,000, of which not less than $3,593,000 shall be 

6 for a matching endowment grant pursuant to the Howard 

7 University Endowment Act and shall remain available 

8 until expended. 

9 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

10 PROGRAM

11 For Federal administrative expenses to carry out ac12 tivities related to existing facility loans pursuant to section 

13 121 of the HEA, $460,000. 

14 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

15 CAPITAL FINANCING PROGRAM ACCOUNT

16 For the cost of guaranteed loans, $20,188,000, as au17 thorized pursuant to part D of title III of the HEA: Pro18 vided, That such costs, including the cost of modifying 

19 such loans, shall be as defined in section 502 of the Con20 gressional Budget Act of 1974: Provided further, That 

21 these funds are available to subsidize total loan principal, 

22 any part of which is to be guaranteed, not to exceed 

23 $279,393,000. 

24 In addition, for administrative expenses to carry out 

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1 nancing Program entered into pursuant to part D of title 

2 III of the HEA, $353,000. 

3 INSTITUTE OF EDUCATION SCIENCES

4 For carrying out activities authorized by the Edu5 cation Sciences Reform Act of 2002, the National Assess6 ment of Educational Progress Authorization Act, section 

7 208 of the Educational Technical Assistance Act of 2002, 

8 and section 664 of the Individuals with Disabilities Edu9 cation Act, $620,903,000, of which $551,253,000 shall be 

10 available through September 30, 2013: Provided, That up 

11 to $10,000,000 of the funds available to carry out section 

12 208 of the Educational Technical Assistance Act may be 

13 used for State data coordinators and for awards to public 

14 or private organizations or agencies to improve data co15 ordination, quality, and use. 

16 DEPARTMENTAL MANAGEMENT

17 PROGRAM ADMINISTRATION

18 For carrying out, to the extent not otherwise pro19 vided, the Department of Education Organization Act, in20 cluding rental of conference rooms in the District of Co21 lumbia and hire of three passenger motor vehicles, 

22 $449,815,000, of which $2,711,000 to remain available 

23 until expended, shall be for relocation of, and renovation 

24 of buildings occupied by, Department staff. 


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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil 

3 Rights, as authorized by section 203 of the Department 

4 of Education Organization Act, $102,818,000. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses necessary for the Office of the Inspector 

7 General, as authorized by section 212 of the Department 

8 of Education Organization Act, $59,933,000. 

9 GENERAL PROVISIONS

10 SEC. 301. No funds appropriated in this Act may be 

11 used for the transportation of students or teachers (or for 

12 the purchase of equipment for such transportation) in 

13 order to overcome racial imbalance in any school or school 

14 system, or for the transportation of students or teachers 

15 (or for the purchase of equipment for such transportation) 

16 in order to carry out a plan of racial desegregation of any 

17 school or school system. 

18 SEC. 302. None of the funds contained in this Act 

19 shall be used to require, directly or indirectly, the trans20 portation of any student to a school other than the school 

21 which is nearest the student’s home, except for a student 

22 requiring special education, to the school offering such 

23 special education, in order to comply with title VI of the 

24 Civil Rights Act of 1964. For the purpose of this section 

25 an indirect requirement of transportation of students inVerDate Mar 15 2010 22:20 Sep 29, 2011 Jkt 099200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070

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1 cludes the transportation of students to carry out a plan 

2 involving the reorganization of the grade structure of 

3 schools, the pairing of schools, or the clustering of schools, 

4 or any combination of grade restructuring, pairing, or 

5 clustering. The prohibition described in this section does 

6 not include the establishment of magnet schools. 

7 SEC. 303. No funds appropriated in this Act may be 

8 used to prevent the implementation of programs of vol9 untary prayer and meditation in the public schools. 

10 (TRANSFER OF FUNDS)

11 SEC. 304. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and 

13 Emergency Deficit Control Act of 1985) which are appro14 priated for the Department of Education in this Act may 

15 be transferred between appropriations, but no such appro16 priation shall be increased by more than 3 percent by any 

17 such transfer: Provided, That the transfer authority 

18 granted by this section shall be available only to meet 

19 emergency needs and shall not be used to create any new 

20 program or to fund any project or activity for which no 

21 funds are provided in this Act: Provided further, That the 

22 Committees on Appropriations of the House of Represent23 atives and the Senate are notified at least 15 days in ad24 vance of any transfer and approve such transfer. 


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1 SEC. 305. The Outlying Areas may consolidate funds 

2 received under this Act, pursuant to 48 U.S.C. 1469a, 

3 under part A of title V of the Elementary and Secondary 

4 Education Act. 

5 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

6 of Free Association Amendments Act of 2003 (48 U.S.C. 

7 1921d(f)(1)(B)(ix)) shall be applied by substituting 

8 ‘‘2012’’ for ‘‘2009.’’ 

9 SEC. 307. None of the funds made available by this 

10 Act may be used to— 

11 (1) implement, administer, or enforce the final 

12 regulations on ‘‘Program Integrity: Gainful Employ13 ment-New Programs’’ published by the Department 

14 of Education in the Federal Register on October 29, 

15 2010 (75 Fed. Reg. 66665 et seq.); 

16 (2) implement, administer, or enforce the final 

17 regulations on ‘‘Program Integrity: Gainful Employ18 ment’’ published by the Department of Education on 

19 June 13, 2011 (76 Fed. Reg. 34386 et seq.); 

20 (3) implement, administer, or enforce section 

21 668.6 of title 34, Code of Federal Regulations (re22 lating to gainful employment), as amended by the 

23 final regulations published by the Department of 

24 Education in the Federal Register on October 29, 

25 2010 (75 Fed. Reg. 66832 et seq.); or 


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1 (4) promulgate or enforce any new regulation 

2 or rule with respect to the definition or application 

3 of the term ‘‘gainful employment’’ under the Higher 

4 Education Act of 1965 on or after the date of enact5 ment of this Act. 

6 SEC. 308. None of the funds made available by this 

7 Act may be used to— 

8 (1) implement, administer, or enforce section 

9 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or 

10 668.43(b) of title 34, Code of Federal Regulations 

11 (relating to State authorization), as added or 

12 amended by the final regulations published by the 

13 Department of Education in the Federal Register on 

14 October 29, 2010 (75 Fed. Reg. 66832 et seq.); or 

15 (2) implement, administer, or enforce the defi16 nition of the term ‘‘credit hour’’ in section 600.2 of 

17 title 34, Code of Federal Regulations, as added by 

18 the final regulations published by the Department of 

19 Education in the Federal Register on October 29, 

20 2010 (75 Fed. Reg. 66946), or subsection (k)(2)(ii) 

21 of section 668.8 of such title, as amended by such 

22 final regulations (75 Fed. Reg. 66949 et seq.). 

23 SEC. 309. (a) FEDERAL PELL GRANT ELIGI24 BILITY.— 


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1 (1) NO LESS THAN HALF-TIME.—Section 

2 401(b)(2)(B) of the Higher Education Act of 1965 

3 (20 U.S.C. 1070a(b)(2)(B)) is amended by striking 

4 ‘‘basis (including a student who attends an institu5 tion of higher education on less than a half-time 

6 basis)’’ and inserting ‘‘basis, but at least a half-time 

7 basis,’’. 

8 (2) MINIMUM LEVEL.—Section 401(b)(4) of 

9 such Act (20 U.S.C. 1070a(b)(4)) is amended by 

10 striking ‘‘, except that’’ and all that follows and in11 serting a period. 

12 (3) DURATION OF AWARD PERIOD.—Section 

13 401(c)(5) of the Higher Education Act of 1965 (20 

14 U.S.C. 1070a(c)(5)) is amended— 

15 (A) by striking ‘‘18’’ each place it appears 

16 and inserting ‘‘12’’; and 

17 (B) by striking the last sentence. 

18 (b) INCOME PROTECTION ALLOWANCE.— 

19 (1) DEPENDENT STUDENTS.—Subparagraph 

20 (D) of section 475(g)(2) of the Higher Education 

21 Act of 1965 (20 U.S.C. 1087oo(g)(2)(D) is amended 

22 to read as follows: 

23 ‘‘(D) an income protection allowance of 

24 $3,290 (or a successor amount prescribed by 

25 the Secretary under section 478);’’. 


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1 (2) INDEPENDENT STUDENTS WITHOUT DE2 PENDENTS OTHER THAN A SPOUSE.—Clause (iv) of 

3 section 476(b)(1)(A) of such Act (20 U.S.C. 

4 1087pp(b)(1)(A)(iv)) is amended to read as follows: 

5 ‘‘(iv) an income protection allowance 

6 of the following amount (or a successor 

7 amount prescribed by the Secretary under 

8 section 478)— 

9 ‘‘(I) $6,620 for single students; 

10 ‘‘(II) $6,620 for married stu11 dents where both are enrolled pursu12 ant to subsection (a)(2); and 

13 ‘‘(III) $10,620 for married stu14 dents where one is enrolled pursuant 

15 to subsection (a)(2);’’. 

16 (3) INDEPENDENT STUDENTS WITH DEPEND17 ENTS OTHER THAN A SPOUSE.—Paragraph (4) of 

18 section 477(b) of such Act (20 U.S.C. 1087qq(b)) is 

19 amended to read as follows: 

20 ‘‘(4) INCOME PROTECTION ALLOWANCE.—The 

21 income protection allowance is determined by the fol22 lowing table (or a successor table prescribed by the 

23 Secretary under section 478): 


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‘‘Income Protection Allowance 

Family Size Number in College 

(including student) 1 2 3 4 5 

For each 

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 ’’. 

1 (4) UPDATED TABLES.—Section 478(b) of the 

2 Higher Education Act of 1965 is amended to read 

3 as follows: 

4 ‘‘(b) INCOME PROTECTION ALLOWANCE..— 

5 ‘‘(1) REVISED TABLES.—For each academic 

6 year after academic year 2012-2013, the Secretary 

7 shall develop a revised table or list, as appropriate, 

8 of income protection allowances under sections 

9 475(g)(2)(D), 476(b)(1)(A)(iv), and 477(b)(4) by in10 creasing each of the dollar amounts contained in 

11 each such table or list by a percentage equal to the 

12 estimated percentage increase in the Consumer Price 

13 Index (as determined by the Secretary) between De14 cember 2011 and the December next preceding the 

15 beginning of such academic year, and rounding the 

16 result to the nearest $10. 

17 ‘‘(2) TABLE FOR PARENTS.—For each academic 

18 year after academic year 2008-2009, the Secretary 

19 shall develop the revised table of income protection 

20 allowances under section 475(c)(4) by increasing 


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1 each of the dollar amounts contained in the table by 

2 a percentage equal to the estimated percentage in3 crease in the Consumer Price Index (as determined 

4 by the Secretary) between December 1992 and the 

5 December next preceding the beginning of such aca6 demic year, and rounding the result to the nearest 

7 $10’’. 

8 (c) ZERO EXPECTED FAMILY CONTRIBUTION.—Sec9 tion 479(c) of the Higher Education Act of 1965 (20 

10 U.S.C. 1087ss(c)) is amended— 

11 (1) in paragraph (1)(B), by striking ‘‘$30,000’’ 

12 and inserting ‘‘$15,000’’; and 

13 (2) in paragraph (2)(B), by striking ‘‘$30,000’’ 

14 and inserting ‘‘$15,000’’. 

15 (d) DEFINITION OF UNTAXED INCOME.—Section 

16 480(b) of the Higher Education Act of 1965 (20 U.S.C. 

17 1087vv) is amended to read as follows: 

18 ‘‘(b) UNTAXED INCOME AND BENEFITS.—The term 

19 ‘untaxed income and benefits’ means— 

20 ‘‘(1) child support received; 

21 ‘‘(2) workman’s compensation; 

22 ‘‘(3) veteran’s benefits such as death pension, 

23 dependency, and indemnity compensation, but ex24 cluding veterans’ education benefits as defined in 

25 subsection (c); 


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1 ‘‘(4) interest on tax-free bonds; 

2 ‘‘(5) housing, food, and other allowances (ex3 cluding rent subsidies for low-income housing) for 

4 military, clergy, and others (including cash payments 

5 and cash value of benefits), except that the value of 

6 on-base military housing or the value of basic allow7 ance for housing determined under section 403(b) of 

8 title 37, United States Code, received by the par9 ents, in the case of a dependent student, or the stu10 dent or student’s spouse, in the case of an inde11 pendent student, shall be excluded; 

12 ‘‘(6) cash support or any money paid on the 

13 student‘s behalf, except, for dependent students, 

14 funds provided by the student’s parents; 

15 ‘‘(7) untaxed portion of pensions; 

16 ‘‘(8) payments to individual retirement accounts 

17 and Keogh accounts excluded from income for Fed18 eral income tax purposes; 

19 ‘‘(9) the amount of additional child tax credit 

20 claimed for Federal income tax purposes; 

21 ‘‘(10) welfare benefits, including assistance 

22 under a State program funded under part A of title 

23 IV of the Social Security Act and aid to dependent 

24 children; 


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1 ‘‘(11) the amount of earned income credit 

2 claimed for Federal income tax purposes; 

3 ‘‘(12) the amount of credit for Federal tax on 

4 special fuels claimed for Federal income tax pur5 poses; 

6 ‘‘(13) the amount of foreign income excluded 

7 for purposes of Federal income taxes; 

8 ‘‘(14) untaxed social security benefits; and 

9 ‘‘(15) any other untaxed income and benefits, 

10 such as Black Lung Benefits, Refugee Assistance, or 

11 railroad retirement benefits, or benefits received 

12 through participation in employment and training 

13 activities under title I of the Workforce Investment 

14 Act of 1998 (29 U.S.C. 2801 et seq.).’’. 

15 (e) STUDENTS WHO ARE NOT HIGH SCHOOL GRAD16 UATES.— 

17 (1) AMENDMENT.—Section 484(d) of the High18 er Education Act of 1965 (20 U.S.C. 1091(d)) is 

19 amended— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘meet one of the following stand22 ards:’’; 

23 (B) by striking paragraphs (1), (2), and 

24 (4); and 


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1 (C) in paragraph (3), by striking ‘‘(3) The 

2 student has’’ and inserting ‘‘have’’. 

3 (2) CONFORMING CHANGE.—Section 101(a)(1) 

4 of such Act (20 U.S.C. 1001(a)(1)) is amended by 

5 striking ‘‘section 484(d)(3)’’ and inserting ‘‘section 

6 484(d)’’. 

7 (f) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on July 1, 2012. 

9 (g) INAPPLICABILITY OF NEGOTIATED RULE10 MAKING.—Sections 482(c) and 492 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not 

12 apply to the amendments made by this section, or to any 

13 regulations promulgated under those amendments. 

14 This title may be cited as the ‘‘Department of Edu15 cation Appropriations Act, 2012’’. 

16 TITLE IV—RELATED AGENCIES 

17 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

18 BLIND OR SEVERELY DISABLED

19 SALARIES AND EXPENSES

20 For expenses necessary for the Committee for Pur21 chase From People Who Are Blind or Severely Disabled 

22 established by Public Law 92–28, $5,396,000. 


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1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 OPERATING EXPENSES

3 For necessary expenses for the Corporation for Na4 tional and Community Service (‘‘the Corporation’’) to 

5 carry out title II of the Domestic Volunteer Service Act 

6 of 1973, $207,833,000. 

7 SALARIES AND EXPENSES

8 For close out activities of the Corporation for Na9 tional and Community Service, as provided under section 

10 501(a)(5) of the National and Community Service Act of 

11 1990 and under section 504(a) of the Domestic Volunteer 

12 Service Act of 1973, $65,868,000. 

13 OFFICE OF INSPECTOR GENERAL

14 For close out activities of the Office of Inspector Gen15 eral, as established by the Inspector General Act of 1978, 

16 $5,763,000. 

17 ADMINISTRATIVE PROVISIONS

18 SEC. 401. AmeriCorps programs receiving grants 

19 under the National Service Trust program shall meet an 

20 overall minimum share requirement of 24 percent for the 

21 first three years that they receive AmeriCorps funding, 

22 and thereafter shall meet the overall minimum share re23 quirement as provided in section 2521.60 of title 45, Code 

24 of Federal Regulations, without regard to the operating 

25 costs match requirement in section 121(e) or the member 


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1 support Federal share limitations in section 140 of the 

2 National and Community Service Act of 1990, and subject 

3 to partial waiver consistent with section 2521.70 of title 

4 45, Code of Federal Regulations. 

5 CORPORATION FOR PUBLIC BROADCASTING

6 Of the funds provided to the ‘‘Corporation for Public 

7 Broadcasting’’ in title IV of division D of Public Law 111– 

8 117 for fiscal year 2012, $6,000,000 shall support the 

9 digitization program: Provided, That none of the funds 

10 made available to the Corporation for Public Broadcasting 

11 in title IV of division D of Public Law 111–117 for fiscal 

12 year 2012 may be used to pay dues to, acquire programs 

13 from, or otherwise support National Public Radio. 

14 FEDERAL MEDIATION AND CONCILIATION SERVICE

15 SALARIES AND EXPENSES

16 For expenses necessary for the Federal Mediation 

17 and Conciliation Service (‘‘Service’’) to carry out the func18 tions vested in it by the Labor-Management Relations Act, 

19 1947, including hire of passenger motor vehicles; for ex20 penses necessary for the Labor-Management Cooperation 

21 Act of 1978; and for expenses necessary for the Service 

22 to carry out the functions vested in it by the Civil Service 

23 Reform Act, $46,250,000: Provided, That notwithstanding 

24 31 U.S.C. 3302, fees charged, up to full-cost recovery, for 

25 special training activities and other conflict resolution 


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1 services and technical assistance, including those provided 

2 to foreign governments and international organizations, 

3 and for arbitration services shall be credited to and 

4 merged with this account, and shall remain available until 

5 expended: Provided further, That fees for arbitration serv6 ices shall be available only for education, training, and 

7 professional development of the agency workforce: Pro8 vided further, That the Director of the Service is author9 ized to accept and use on behalf of the United States gifts 

10 of services and real, personal, or other property in the aid 

11 of any projects or functions within the Director’s jurisdic12 tion. 

13 FEDERAL MINE SAFETY AND HEALTH REVIEW

14 COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary for the Federal Mine Safety 

17 and Health Review Commission, $22,417,000. 

18 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

19 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

20 AND ADMINISTRATION

21 For carrying out the Museum and Library Services 

22 Act of 1996 and the National Museum of African Amer23 ican History and Culture Act, $226,362,000: Provided, 

24 That none of the funds made available in this account be 

25 used to pay indirect cost rates on a contract, grant, or 


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1 cooperative agreement (or similar arrangement) entered 

2 into by the Institute of Museum and Library Services in 

3 excess of 25 percent of the total direct cost of the contract, 

4 grant, or agreement (or similar arrangement). 

5 MEDICARE PAYMENT ADVISORY COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary to carry out section 1805 of 

8 the Social Security Act, $11,472,000, to be transferred to 

9 this appropriation from the Federal Hospital Insurance 

10 Trust Fund and the Federal Supplementary Medical In11 surance Trust Fund. 

12 MEDICAID AND CHIP PAYMENT AND ACCESS

13 COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out section 1900 of 

16 the Social Security Act, $4,500,000. 

17 NATIONAL COUNCIL ON DISABILITY

18 SALARIES AND EXPENSES

19 For expenses necessary for the National Council on 

20 Disability as authorized by title IV of the Rehabilitation 

21 Act of 1973, $3,271,000. 

22 NATIONAL LABOR RELATIONS BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the National Labor Rela25 tions Board to carry out the functions vested in it by the 


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1 Labor-Management Relations Act, 1947, and other laws, 

2 $233,700,000: Provided, That no part of this appropria3 tion shall be available to organize or assist in organizing 

4 agricultural laborers or used in connection with investiga5 tions, hearings, directives, or orders concerning bargaining 

6 units composed of agricultural laborers as referred to in 

7 section 2(3) of the Act of July 5, 1935, and as amended 

8 by the Labor-Management Relations Act, 1947, and as de9 fined in section 3(f) of the Act of June 25, 1938, and 

10 including in said definition employees engaged in the 

11 maintenance and operation of ditches, canals, reservoirs, 

12 and waterways when maintained or operated on a mutual, 

13 nonprofit basis and at least 95 percent of the water stored 

14 or supplied thereby is used for farming purposes. 

15 ADMINISTRATIVE PROVISIONS

16 SEC. 402. None of the funds made available by this 

17 Act may be used to implement, create, apply, or enforce 

18 through prosecution, adjudication, rulemaking, or the 

19 issuing of any interpretation, opinion, certification, deci20 sion, or policy, any standard for initial bargaining unit de21 terminations that conflicts with the standard articulated 

22 in the majority opinion in Wheeling Island Gaming Inc. 

23 and United Food and Commercial Workers International 

24 Union, Local 23, 355 NLRB 127 (August 27, 2010) (in25 cluding the majority opinion in footnote 2), except for unit 


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1 determinations currently governed by NLRB Rule Sec. 

2 103.30 for employers currently covered by such rules. 

3 SEC. 403. None of the funds made available by this 

4 Act may be used to implement, create, apply, or enforce 

5 through prosecution, adjudication, rulemaking, or the 

6 issuing of any interpretation, opinion, certification, deci7 sion, or policy, any standard for secret-ballot elections that 

8 conflicts with the standard articulated in the majority 

9 opinion in Dana Corp., 351 NLRB 434 (2007). 

10 SEC. 404. None of the funds provided by this Act 

11 or previous Acts making appropriations for the National 

12 Labor Relations Board may be used to issue any new ad13 ministrative directive or regulation that would provide em14 ployees any means of voting through any electronic means 

15 that enables off-site, remote, or otherwise absentee voting 

16 in an election to determine a representative for the pur17 poses of collective bargaining. 

18 SEC. 405. None of the funds made available by this 

19 Act may be used to promulgate or implement a final rule 

20 amending parts 101, 102, and 103 of title 29, Code of 

21 Federal Regulations, (relating to the filing and processing 

22 of petitions related to the representation of employees for 

23 the purposes of collective bargaining with their employer), 

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1 tional Labor Relations Board in the Federal Register on 

2 June 22, 2011 (76 Fed. Reg. 36812 et seq.). 

3 SEC. 406. None of the funds made available by this 

4 Act may be used to implement or enforce the final rule 

5 governing the notification of employee rights under the 

6 National Labor Relations Act (Regulatory Identification 

7 Number 3142-AA07) published by the National Labor Re8 lations Board in the Federal Register on August 30, 2011 

9 (76 Fed. Reg. 54006 et seq.). 

10 SEC. 407. None of the funds made available by this 

11 Act may be used for the exercise of jurisdiction by the 

12 National Labor Relations Board over any entity that 

13 meets the definition of a small business concern under 

14 part 121 of title 13, Code of Federal Regulations. 

15 NATIONAL MEDIATION BOARD

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out the provisions 

18 of the Railway Labor Act, including emergency boards ap19 pointed by the President, $13,436,000. 

20 OCCUPATIONAL SAFETY AND HEALTH REVIEW

21 COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary for the Occupational Safety 

24 and Health Review Commission, $11,689,000. 


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1 RAILROAD RETIREMENT BOARD

2 DUAL BENEFITS PAYMENTS ACCOUNT

3 For payment to the Dual Benefits Payments Ac4 count, authorized under section 15(d) of the Railroad Re5 tirement Act of 1974, $51,000,000, which shall include 

6 amounts becoming available in fiscal year 2012 pursuant 

7 to section 224(c)(1)(B) of Public Law 98–76; and in addi8 tion, an amount, not to exceed 2 percent of the amount 

9 provided herein, shall be available proportional to the 

10 amount by which the product of recipients and the average 

11 benefit received exceeds the amount available for payment 

12 of vested dual benefits: Provided, That the total amount 

13 provided herein shall be credited in 12 approximately 

14 equal amounts on the first day of each month in the fiscal 

15 year. 

16 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

17 ACCOUNTS

18 For payment to the accounts established in the 

19 Treasury for the payment of benefits under the Railroad 

20 Retirement Act for interest earned on unnegotiated 

21 checks, $150,000, to remain available through September 

22 30, 2013, which shall be the maximum amount available 

23 for payment pursuant to section 417 of Public Law 98– 

24 76. 


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1 LIMITATION ON ADMINISTRATION

2 For necessary expenses for the Railroad Retirement 

3 Board (‘‘Board’’) for administration of the Railroad Re4 tirement Act and the Railroad Unemployment Insurance 

5 Act, $110,573,000, to be derived in such amounts as de6 termined by the Board from the railroad retirement ac7 counts and from moneys credited to the railroad unem8 ployment insurance administration fund. 

9 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

10 For expenses necessary for the Office of Inspector 

11 General (‘‘Office’’) for audit, investigatory and review ac12 tivities, as authorized by the Inspector General Act of 

13 1978, not more than $8,170,000, to be derived from the 

14 railroad retirement accounts and railroad unemployment 

15 insurance account: Provided, That, except as authorized 

16 pursuant to the last proviso under this heading in title 

17 IV of division G of the Consolidated Appropriations Act 

18 (2008) (Public Law 110–161; 121 statute 2205), none of 

19 the funds made available in any other paragraph of this 

20 Act may be transferred to the Office; used to carry out 

21 any such transfer; used to provide any office space, equip22 ment, office supplies, communications facilities or services, 

23 maintenance services, or administrative services for the 

24 Office; used to pay any salary, benefit, or award for any 

25 personnel of the Office; used to pay any other operating 


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1 expense of the Office; or used to reimburse the Office for 

2 any service provided, or expense incurred, by the Office. 

3 SOCIAL SECURITY ADMINISTRATION

4 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

5 For payment to the Federal Old-Age and Survivors 

6 Insurance Trust Fund and the Federal Disability Insur7 ance Trust Fund, as provided under sections 201(m), 

8 228(g), and 1131(b)(2) of the Social Security Act, 

9 $20,404,000. 

10 SUPPLEMENTAL SECURITY INCOME PROGRAM

11 For carrying out titles XI and XVI of the Social Se12 curity Act, section 401 of Public Law 92–603, section 212 

13 of Public Law 93–66, as amended, and section 405 of 

14 Public Law 95–216, including payment to the Social Secu15 rity trust funds for administrative expenses incurred pur16 suant to section 201(g)(1) of the Social Security Act, 

17 $38,062,428,000, to remain available until expended: Pro18 vided, That any portion of the funds provided to a State 

19 in the current fiscal year and not obligated by the State 

20 during that year shall be returned to the Treasury: Pro21 vided further, That not more than $17,428,000 shall be 

22 available for research and demonstrations under sections 

23 1110 and 1114 of the Social Security Act and remain 

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1 onstration of section 1110 of the Social Security Act, up 

2 to $10,000,000 shall be available to provide incentives 

3 payments and to conduct a rigorous evaluation of a dem4 onstration project designed to improve the outcomes for 

5 SSI child recipients and their families: Provided further, 

6 That for the previous proviso the Commissioner is author7 ized to waive any of the requirements, conditions, or limi8 tations of title XVI of the Social Security Act, and is au9 thorized to waive any requirements related to the conduct 

10 of research or demonstration projects, where appropriate. 

11 For making, after June 15 of the current fiscal year, 

12 benefit payments to individuals under title XVI of the So13 cial Security Act, for unanticipated costs incurred for the 

14 current fiscal year, such sums as may be necessary. 

15 For making benefit payments under title XVI of the 

16 Social Security Act for the first quarter of fiscal year 

17 2013, $18,200,000,000, to remain available until ex18 pended. 

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses, including the hire of two pas22 senger motor vehicles, and not to exceed $20,000 for offi23 cial reception and representation expenses, not more than 

24 $10,981,494,000 may be expended, as authorized by sec25 tion 201(g)(1) of the Social Security Act, from any one 


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1 or all of the trust funds referred to in such section: Pro2 vided, That not less than $2,150,000 shall be for the So3 cial Security Advisory Board: Provided further, That up 

4 two percent of these funds may be used to support Pro5 gram Integrity activity: Provided further, That funds made 

6 available in this paragraph and remaining unobligated at 

7 the end of fiscal year 2012 may be placed, not later than 

8 the end of the fifth fiscal year after the last fiscal year 

9 for which such funds are available for the purposes for 

10 which appropriated, in an IT and Telecommunications In11 vestment Fund (‘‘ITT Fund’’) to be established within 

12 this account where such funds shall remain available until 

13 expended for investments in Social Security Administra14 tion information technology and telecommunications hard15 ware and software infrastructure, including related equip16 ment and non-payroll administrative expenses: Provided 

17 further, That unobligated balances of appropriations made 

18 to this account in prior fiscal years that remain available 

19 for the purposes specified in the preceding proviso may 

20 also be placed in the ITT Fund not later than the end 

21 of the fifth fiscal year after the last fiscal year for which 

22 such funds are available for the purposes for which such 

23 funds were appropriated: Provided further, That hereafter 

24 the Commissioner of the Social Security Administration 

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1 tions of the House of Representatives and the Senate each 

2 year, at the same time the President’s budget is submitted 

3 to Congress, regarding actual or estimated amounts placed 

4 in, and obligated and expended from, the ITT Fund dur5 ing the preceding, current, and succeeding fiscal years, in6 cluding the nature and purposes of all such obligations 

7 and expenditures, and regarding the balances remaining 

8 (or expected to remain) in the ITT Fund as of the close 

9 of each such fiscal year: Provided further, That reimburse10 ment to the trust funds under this heading for expendi11 tures for official time for employees of the Social Security 

12 Administration pursuant to section 7131 of title 5, United 

13 States Code, and for facilities or support services for labor 

14 organizations pursuant to policies, regulations, or proce15 dures referred to in section 7135(b) of such title shall be 

16 made by the Secretary of the Treasury, with interest, from 

17 amounts in the general fund of the Treasury not otherwise 

18 appropriated, as soon as possible after such expenditures 

19 are made. 

20 In addition, $163,000,000 to be derived from admin21 istration fees in excess of $5.00 per supplementary pay22 ment collected pursuant to section 1616(d) of the Social 

23 Security Act or section 212(b)(3) of Public Law 93–66, 

24 which shall remain available until expended. To the extent 

25 that the amounts collected pursuant to such sections in 


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1 fiscal year 2012 exceed $163,000,000, the amounts shall 

2 be available in fiscal year 2013 only to the extent provided 

3 in advance in appropriations Acts. 

4 In addition, up to $1,000,000 to be derived from fees 

5 collected pursuant to section 303(c) of the Social Security 

6 Protection Act, which shall remain available until ex7 pended. 

8 PROGRAM INTEGRITY

9 For necessary expenses, not more than $896,000,000 

10 may be expended, as authorized by section 201(g)(1) of 

11 the Social Security Act, from any one or all of the trust 

12 funds referred to therein: Provided, That such funds may 

13 only be used for the costs associated with conducting con14 tinuing disability reviews under titles II and XVI of the 

15 Social Security Act and for the costs associated with con16 ducting redeterminations of eligibility under title XVI of 

17 the Social Security Act: Provided further, That the Com18 missioner shall provide to the Congress (at the conclusion 

19 of the fiscal year) a report on the obligation and expendi20 ture of these funds, similar to the reports that were re21 quired by section 103(d)(2) of Public Law 104–121 for 

22 fiscal years 1996 through 2002. 


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1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, $30,000,000, together with not to 

6 exceed $77,113,000, to be transferred and expended as 

7 authorized by section 201(g)(1) of the Social Security Act 

8 from the Federal Old-Age and Survivors Insurance Trust 

9 Fund and the Federal Disability Insurance Trust Fund. 

10 In addition, an amount not to exceed 3 percent of 

11 the total provided in this appropriation may be transferred 

12 from the ‘‘Limitation on Administrative Expenses’’, Social 

13 Security Administration, to be merged with this account, 

14 to be available for the time and purposes for which this 

15 account is available: Provided, That notice of such trans16 fers shall be transmitted promptly to the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate are notified at least 15 days in advance of any 

19 transfer and approve such transfer. 

20 TITLE V—GENERAL PROVISIONS 

21 (TRANSFER OF FUNDS)

22 SEC. 501. The Secretaries of Labor, Health and 

23 Human Services, and Education are authorized to transfer 

24 unexpended balances of prior appropriations to accounts 

25 corresponding to current appropriations provided in this 


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1 Act. Such transferred balances shall be used for the same 

2 purpose, and for the same periods of time, for which they 

3 were originally appropriated. 

4 SEC. 502. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

7 SEC. 503. (a) No part of any appropriation contained 

8 in this or any other Act shall be used, other than for nor9 mal and recognized executive legislative relationships, for 

10 publicity or propaganda purposes, for the preparation, dis11 tribution, or use of any kit, pamphlet, booklet, publication, 

12 electronic communication, radio, television, or video pres13 entation designed to support or defeat the enactment of 

14 legislation before the Congress or any State or local legis15 lature or legislative body, except in presentation to the 

16 Congress or any State or local legislature itself or designed 

17 to support or defeat any proposed or pending regulation, 

18 administrative action, or order issued by the Executive 

19 Branch of any State or local government; 

20 (b) No part of any appropriation contained in this 

21 Act shall be used to pay the salary or expenses of any 

22 grant or contract recipient, or agent acting for such recipi23 ent, related to any activity designed to influence the enact24 ment of legislation, appropriations, regulation, administra25 tive action, or executive order proposed or pending before 


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1 the Congress or any State government, State legislature 

2 or local legislature or legislative body; 

3 (c) The prohibitions in paragraphs (a) and (b) shall 

4 include any activity to advocate or promote any pending 

5 or future Federal, state or local tax increase or any pend6 ing or future requirement or restriction on any legal con7 sumer product, including its sale or marketing, including 

8 but not limited to the study, advocacy and promotion of 

9 gun control; 

10 (d) None of the funds made available to the Depart11 ment of Health and Human Services under Section 4002 

12 of Public Law 111-148 shall be used in whole or in part 

13 to fund any projects or activities not subject to reporting 

14 requirements equivalent to those specified in Section 1512 

15 of Public Law 111-5. 

16 SEC. 504. The Secretaries of Labor and Education 

17 are authorized to make available not to exceed $28,000 

18 and $20,000, respectively, from funds available for sala19 ries and expenses under titles I and III, respectively, for 

20 official reception and representation expenses; the Direc21 tor of the Federal Mediation and Conciliation Service is 

22 authorized to make available for official reception and rep23 resentation expenses not to exceed $5,000 from the funds 

24 available for ‘‘Federal Mediation and Conciliation Service, 

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1 tional Mediation Board is authorized to make available for 

2 official reception and representation expenses not to ex3 ceed $5,000 from funds available for ‘‘National Mediation 

4 Board, Salaries and Expenses’’. 

5 SEC. 505. When issuing statements, press releases, 

6 requests for proposals, bid solicitations and other docu7 ments describing projects or programs funded in whole or 

8 in part with Federal money, all grantees receiving Federal 

9 funds included in this Act, including but not limited to 

10 State and local governments and recipients of Federal re11 search grants, shall clearly state— 

12 (1) the percentage of the total costs of the pro13 gram or project which will be financed with Federal 

14 money; 

15 (2) the dollar amount of Federal funds for the 

16 project or program; and 

17 (3) percentage and dollar amount of the total 

18 costs of the project or program that will be financed 

19 by non-governmental sources. 

20 SEC. 506. (a) None of the funds appropriated in this 

21 Act, none of the funds in any trust fund to which funds 

22 are appropriated in this Act, and none of the funds made 

23 available by Public Law 111-148 or title I or subtitle B 

24 of title II of Public Law 111-152 shall be expended for 

25 any abortion. 


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1 (b) None of the funds appropriated in this Act, none 

2 of the funds in any trust fund to which funds are appro3 priated in this Act, and none of the funds made available 

4 by Public Law 111-148 or title I or subtitle B of title 

5 II of Public Law 111-152 shall be expended for health 

6 benefits coverage that includes coverage of abortion. 

7 (c) The term health benefits coverage means the 

8 package of services covered by a managed care provider 

9 or organization pursuant to a contract or other arrange10 ment. 

11 SEC. 507. (a) The limitations established in the pre12 ceding section shall not apply to an abortion— 

13 (1) if the pregnancy is the result of an act of 

14 rape or incest; or 

15 (2) in the case where a woman suffers from a 

16 physical disorder, physical injury, or physical illness, 

17 including a life-endangering physical condition 

18 caused by or arising from the pregnancy itself, that 

19 would, as certified by a physician, place the woman 

20 in danger of death unless an abortion is performed. 

21 (b) Nothing in the preceding section shall be con22 strued as prohibiting the expenditure by a State, locality, 

23 entity, or private person of State, local, or private funds 

24 (other than a State’s or locality’s contribution of Medicaid 

25 matching funds). 


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1 (c) Nothing in the preceding section shall be con2 strued as restricting the ability of any managed care pro3 vider from offering abortion coverage or the ability of a 

4 State or locality to contract separately with such a pro5 vider for such coverage with State funds (other than a 

6 State’s or locality’s contribution of Medicaid matching 

7 funds). 

8 (d)(1) None of the funds made available in this Act 

9 may be made available to a Federal agency or program, 

10 or to a State or local government, if such agency, program, 

11 or government subjects any institutional or individual 

12 health care entity to discrimination on the basis that the 

13 health care entity does not provide, pay for, provide cov14 erage of, or refer for abortions. 

15 (2) In this subsection, the term health care entity in16 cludes an individual physician or other health care profes17 sional, a hospital, a provider-sponsored organization, a 

18 health maintenance organization, a health insurance plan, 

19 or any other kind of health care facility, organization, or 

20 plan. 

21 SEC. 508. (a) None of the funds made available in 

22 this Act may be used for— 

23 (1) the creation of a human embryo or embryos 

24 for research purposes; or 


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1 (2) research in which a human embryo or em2 bryos are destroyed, discarded, or knowingly sub3 jected to risk of injury or death greater than that 

4 allowed for research on fetuses in utero under 45 

5 CFR 46.204(b) and section 498(b) of the Public 

6 Health Service Act (42 U.S.C. 289g(b)). 

7 (b) For purposes of this section, the term human em8 bryo or embryos includes any organism, not protected as 

9 a human subject under 45 CFR 46 as of the date of the 

10 enactment of this Act, that is derived by fertilization, par11 thenogenesis, cloning, or any other means from one or 

12 more human gametes or human diploid cells. 

13 SEC. 509. (a) None of the funds made available in 

14 this Act may be used for any activity that promotes the 

15 legalization of any drug or other substance included in 

16 schedule I of the schedules of controlled substances estab17 lished under section 202 of the Controlled Substances Act 

18 except for normal and recognized executive-congressional 

19 communications. 

20 (b) The limitation in subsection (a) shall not apply 

21 when there is significant medical evidence of a therapeutic 

22 advantage to the use of such drug or other substance or 

23 that Federally sponsored clinical trials are being con24 ducted to determine therapeutic advantage. 


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1 SEC. 510. None of the funds made available in this 

2 Act may be used to promulgate or adopt any final stand3 ard under section 1173(b) of the Social Security Act pro4 viding for, or providing for the assignment of, a unique 

5 health identifier for an individual (except in an individ6 ual’s capacity as an employer or a health care provider), 

7 until legislation is enacted specifically approving the 

8 standard. 

9 SEC. 511. None of the funds made available in this 

10 Act may be obligated or expended to enter into or renew 

11 a contract with an entity if— 

12 (1) such entity is otherwise a contractor with 

13 the United States and is subject to the requirement 

14 in 38 U.S.C. 4212(d) regarding submission of an 

15 annual report to the Secretary of Labor concerning 

16 employment of certain veterans; and 

17 (2) such entity has not submitted a report as 

18 required by that section for the most recent year for 

19 which such requirement was applicable to such enti20 ty. 

21 SEC. 512. None of the funds made available in this 

22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except 

24 pursuant to a transfer made by, or transfer authority pro25 vided in, this Act or any other appropriation Act. 


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1 SEC. 513. None of the funds made available by this 

2 Act to carry out the Library Services and Technology Act 

3 may be made available to any library covered by para4 graph (1) of section 224(f) of such Act, as amended by 

5 the Children’s Internet Protection Act, unless such library 

6 has made the certifications required by paragraph (4) of 

7 such section. 

8 SEC. 514. None of the funds made available by this 

9 Act to carry out part D of title II of the Elementary and 

10 Secondary Education Act of 1965 may be made available 

11 to any elementary or secondary school covered by para12 graph (1) of section 2441(a) of such Act, as amended by 

13 the Children’s Internet Protection Act and the No Child 

14 Left Behind Act, unless the local educational agency with 

15 responsibility for such covered school has made the certifi16 cations required by paragraph (2) of such section. 

17 SEC. 515. (a) None of the funds provided under this 

18 Act, or provided under previous appropriations Acts to the 

19 agencies funded by this Act that remain available for obli20 gation or expenditure in fiscal year 2012, or provided from 

21 any accounts in the Treasury of the United States derived 

22 by the collection of fees available to the agencies funded 

23 by this Act, shall be available for obligation or expenditure 

24 through a reprogramming of funds that— 

25 (1) creates new programs; 


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1 (2) eliminates a program, project, or activity; 

2 (3) increases funds or personnel by any means 

3 for any project or activity for which funds have been 

4 denied or restricted; 

5 (4) relocates an office or employees; 

6 (5) reorganizes or renames offices; 

7 (6) reorganizes programs or activities; or 

8 (7) contracts out or privatizes any functions or 

9 activities presently performed by Federal employees; 

10 unless approved by the Committees on Appropriations of 

11 the House of Representatives and the Senate 15 days in 

12 advance of such reprogramming. 

13 (b) None of the funds provided under this Act, or 

14 provided under previous appropriations Acts to the agen15 cies funded by this Act that remain available for obligation 

16 or expenditure in fiscal year 2012, or provided from any 

17 accounts in the Treasury of the United States derived by 

18 the collection of fees available to the agencies funded by 

19 this Act, shall be available for obligation or expenditure 

20 through a reprogramming of funds in excess of $500,000 

21 or 10 percent, whichever is less, that— 

22 (1) augments existing programs, projects (in23 cluding construction projects), or activities; 


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1 (2) reduces by 10 percent funding for any exist2 ing program, project, or activity, or numbers of per3 sonnel by 10 percent as approved by Congress; or 

4 (3) results from any general savings from a re5 duction in personnel which would result in a change 

6 in existing programs, activities, or projects as ap7 proved by Congress; 

8 unless approved by the Committees on Appropriations of 

9 the House of Representatives and the Senate 15 days in 

10 advance of such reprogramming. 

11 SEC. 516. (a) None of the funds made available in 

12 this Act may be used to request that a candidate for ap13 pointment to a Federal scientific advisory committee dis14 close the political affiliation or voting history of the can15 didate or the position that the candidate holds with re16 spect to political issues not directly related to and nec17 essary for the work of the committee involved. 

18 (b) None of the funds made available in this Act may 

19 be used to disseminate information that is deliberately 

20 false or misleading. 

21 SEC. 517. Within 45 days of enactment of this Act, 

22 each department and related agency funded through this 

23 Act shall submit an operating plan that details at the pro24 gram, project, and activity level any funding allocations 

25 for fiscal year 2012 that are different than those specified 


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1 in this Act, the accompanying detailed table in the com2 mittee report, or the fiscal year 2012 budget request. 

3 SEC. 518. The Secretaries of Labor, Health and 

4 Human Services, and Education shall each prepare and 

5 submit to the Committees on Appropriations of the House 

6 of Representatives and the Senate a report on the number 

7 and amount of contracts, grants, and cooperative agree8 ments exceeding $100,000 in value and awarded by the 

9 Department on a non-competitive basis during each quar10 ter of fiscal year 2012, but not to include grants awarded 

11 on a formula basis or directed by law. Such report shall 

12 include the name of the contractor or grantee, the amount 

13 of funding, the governmental purpose, including a jus14 tification for issuing the award on a non-competitive basis. 

15 Such report shall be transmitted to the Committees within 

16 30 days after the end of the quarter for which the report 

17 is submitted. 

18 SEC. 519. None of the funds appropriated or other19 wise made available by this Act may be used to enter into 

20 a contract in an amount greater than $5,000,000 or to 

21 award a grant in excess of such amount unless the pro22 spective contractor or grantee certifies in writing to the 

23 agency awarding the contract or grant that, to the best 

24 of its knowledge and belief, the contractor or grantee has 

25 filed all Federal tax returns required during the three 


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1 years preceding the certification, has not been convicted 

2 of a criminal offense under the Internal Revenue Code of 

3 1986, and has not, more than 90 days prior to certifi4 cation, been notified of any unpaid Federal tax assessment 

5 for which the liability remains unsatisfied, unless the as6 sessment is the subject of an installment agreement or 

7 offer in compromise that has been approved by the Inter8 nal Revenue Service and is not in default, or the assess9 ment is the subject of a non-frivolous administrative or 

10 judicial proceeding. 

11 SEC. 520. None of the funds appropriated in this Act 

12 shall be expended or obligated by the Commissioner of So13 cial Security, for purposes of administering Social Security 

14 benefit payments under title II of the Social Security Act, 

15 to process any claim for credit for a quarter of coverage 

16 based on work performed under a social security account 

17 number that is not the claimant’s number and the per18 formance of such work under such number has formed the 

19 basis for a conviction of the claimant of a violation of sec20 tion 208(a)(6) or (7) of the Social Security Act. 

21 SEC. 521. None of the funds appropriated by this Act 

22 may be used by the Commissioner of Social Security or 

23 the Social Security Administration to pay the compensa24 tion of employees of the Social Security Administration 

25 to administer Social Security benefit payments, under any 


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1 agreement between the United States and Mexico estab2 lishing totalization arrangements between the social secu3 rity system established by title II of the Social Security 

4 Act and the social security system of Mexico, which would 

5 not otherwise be payable but for such agreement. 

6 SEC. 522. None of the funds made available in this 

7 Act may be used in contravention of title IV of the Per8 sonal Responsibility and Work Opportunity Reconciliation 

9 Act of 1996 (8 U.S.C. 1611 et seq.). 

10 SEC. 523. Notwithstanding any other provision of 

11 this Act, no funds appropriated in this Act shall be used 

12 to carry out any program of distributing sterile needles 

13 or syringes for the hypodermic injection of any illegal 

14 drug. 

15 SEC. 524. None of the funds made available by this 

16 Act may be made available for any purpose to Planned 

17 Parenthood Federation of America, Inc. or any affiliate 

18 or clinic of Planned Parenthood Federation of America, 

19 Inc. unless such entities certify that Planned Parenthood 

20 Federation of America affiliates and clinics will not per21 form, and will not provide any funds to any other entity 

22 that performs, an abortion. 

23 (1) This limitation shall not apply to an abor24 tion: 


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1 (A) if the pregnancy is the result of an act 

2 of rape or incest; or 

3 (B) in the case where a woman suffers 

4 from a physical disorder, physical injury, or 

5 physical illness that would, as certified by a 

6 physician, place the woman in danger of death 

7 unless an abortion is performed, including a 

8 life-endangering physical condition caused by or 

9 arising from the pregnancy itself. 

10 (2) The Secretary of Health and Human Serv11 ices shall seek repayment of any Federal assistance 

12 received by Planned Parenthood Federation of 

13 America, Inc., or any affiliate or clinic of Planned 

14 Parenthood Federation of America, Inc., if it vio15 lates the terms of the certification required by this 

16 section. 

17 SEC. 525. None of the funds made available in this 

18 Act may be used to implement, administer, enforce, or fur19 ther the provisions of Public Law 111-148 and title I and 

20 subtitle B of title II of Public Law 111-152 (and the 

21 amendments made by such provisions) until 90 days after 

22 the date on which all legal challenges to any of such provi23 sions are complete: Provided, That funds in this Act may 

24 be used to implement, administer, enforce, or further the 

25 final rules for regulations CMS-1524-P, CMS-1325-P, 


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1 CMS-1353-P, CMS-1577-P, CMS-1346-F, CMS-1349-F, 

2 CMS-1351-F, and CMS-1518-F insofar as each respective 

3 rule relates to calendar year 2012 or fiscal year 2012: Pro4 vided further, That if as a result of this provision cost 

5 share weights for calculating payment rates under the 

6 physician fee schedule under section 1848 of the Social 

7 Security Act and calculating productivity adjustments to 

8 payment rates for 2012 under title XVIII of such Act are 

9 not available, the Secretary of Health and Human Serv10 ices shall use such cost share weights used in the final 

11 rule for the applicable regulation specified in the preceding 

12 proviso for calendar year 2012 or fiscal year 2012 for cal13 culating such payment rates and productivity adjustments 

14 and shall implement such adjustments: Provided further, 

15 That funds in this Act may be used to implement, admin16 ister, enforce, or further the final rules for the provisions 

17 of (and amendments made by) sections 2501(c), 2501(d), 

18 and 2503 of Public Law 111-148, as amended by sections 

19 1206(a) and 1101(c) of Public Law 111-152, insofar as 

20 each respective rule relates to calendar year 2012. 

21 SEC. 526. Of the funds made available for fiscal year 

22 2012 [for Aging and Disability Resources Centers ] under 

23 section 2405 of Public Law 111-148, $10,000,000 is re24 scinded. 


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1 SEC. 527. Of the funds made available [for the Con2 sumer Operated and Oriented Plan] under section 1322 

3 of Public Law 111-148, $3,800,000,000 is rescinded. 

4 SEC. 528. Of the funds made available [for the Cen5 ter for Medicare & Medicaid Innovation] under section 

6 3021(a) of Public Law 111-148, $1,862,000,000 is re7 scinded. 

8 SEC. 529. Of the funds made available for fiscal year 

9 2012 [for the Independent Payment Advisory Board] 

10 under section 3403 of Public Law 111-148, $15,000,000 

11 is rescinded. 

12 SEC. 530. Of the funds made available for fiscal year 

13 2012 [for the Community Health Centers Fund] under 

14 sections 10503(b)(1) and 10503(b)(2) of Public Law 111- 

15 148, $1,495,000,000 is rescinded. 

16 SEC. 531. Of the funds made available for fiscal year 

17 2012 [for the Health workforce demonstration grants] 

18 under section 5507(a) of Public Law 111-148, 

19 $85,000,000 is rescinded. 

20 SEC. 532. Of the funds made available for fiscal year 

21 2012 [for the Prevention and Public Health Fund] under 

22 section 4002 of Public Law 111-148, $1,000,000,000 is 

23 rescinded. 

24 SEC. 533. Of the funds made available for fiscal year 

25 2012 [for the Maternal, Infant, and Early Childhood 


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1 Home Visitation] under section 2951 of Public Law 111- 

2 148, $350,000,000 is rescinded. 

3 SEC. 534. Of the funds made available for fiscal year 

4 2012 [for the Pregnancy Assistance Fund] under section 

5 10214 of Public Law 111-148, $25,000,000 is rescinded. 

6 ABORTION NON-DISCRIMINATION

7 SEC. 535. Section 245 of the Public Health Service 

8 Act (42 3 U.S.C. 238n) is amended— 

9 (1) in the section heading, by striking ‘‘AND

10 LICENSING OF PHYSICIANS AND INSERT11 ING’’and inserting‘‘, LICENSING, AND PRACTICE

12 OF PHYSICIANS AND OTHER HEALTH CARE EN13 TITIES’’; 

14 (2) in subsection (a), by amending paragraph 

15 (1) to read as follows: 

16 ‘‘(1) the entity refuses— 

17 ‘‘(A) to undergo training in the perform18 ance of induced abortions; 

19 ‘‘(B) to require or provide such training; 

20 ‘‘(C) to perform, participate in, provide 

21 coverage of, or pay for induced abortions; 

22 ‘‘(D) to provide referrals for such training 

23 or such abortions;’’. 

24 (3) in subsection (b), by striking an ‘‘accredita25 tion standards that requires’’ and inserting ‘‘an ac26 creditation standard that requires’’; 


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1 (4) in subsection (c), by amending paragraphs 

2 (1) and (2) to read as follows: 

3 ‘‘(1) The term ‘financial assistance’, with re4 spect to a government program, means governmental 

5 payments to cover the cost of health care services or 

6 benefits, or other Federal payments, grants, or loans 

7 to promote or otherwise facilitate health-related ac8 tivities 

9 ‘‘(2) The term ‘health care entity’ includes an 

10 individual physician or other health professional, a 

11 postgraduate physician training program, a partici12 pant in a program of training in the health profes13 sions, a hospital, a provider sponsored organization, 

14 a health maintenance organization, an accountable 

15 care organization, a health insurance plan, or any 

16 other kind of health care facility, organization, or 

17 plan.’’. 

18 (5) in subsection (c), by adding a new graph (4) 

19 as follows: 

20 ‘‘(4) The term ‘State or local government that 

21 receives Federal financial assistance’ includes any 

22 agency or other governmental unit of a State or 

23 local government if such government receives Fed24 eral financial assistance.’’. 


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1 (6) by redesignating subsection (c) as sub2 section (e); and 

3 (7) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) REMEDIES.— 

6 ‘‘(1) IN GENERAL.—The courts of the United 

7 States shall have jurisdiction to prevent and redress 

8 actual or threatened violations of this section by 

9 issuing any form of legal or equitable relief, includ10 ing— 

11 ‘‘(A) injunctions prohibiting conduct that 

12 violates this section; and 

13 ‘‘(B) orders preventing the disbursement of 

14 all or a portion of Federal financial assistance 

15 to a State or local government, or to a specific 

16 offending agency or program of a State or local 

17 government, until such time as the conduct pro18 hibited by this section has ceased. 

19 ‘‘(2) COMMENCEMENT OF ACTION.—.An action 

20 under this section may be instituted by— 

21 ‘‘(A) any health care entity that has stand22 ing to complain of an actual or threatened vio 

23 lation of this section; or 

24 ‘‘(B) the Attorney General of the United 

25 States. 


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1 ‘‘(3) RELATION TO ADMINISTRATIVE REM2 EDIES.—A party may commence or continue an ac3 tion and obtain relief under this subsection without 

4 regard to whether a complaint under subsection (d) 

5 has been filed or is pending. 

6 ‘‘(d) ADMINISTRATION.—The Secretary shall des7 ignate the Director of the Office for Civil Rights of the 

8 Department of Health and Human Services— 

9 ‘‘(1) to receive complaints alleging a violation of 

10 this section; and 

11 ‘‘(2) to pursue the investigation of such com 

12 plaints, in coordination with the Attorney General.’’. 

13 SEC. 536. The Departments of Labor, Health and 

14 Human Services and Education and the Social Security 

15 Administration shall provide the Committees on Appro16 priations of the House of Representatives and Senate a 

17 quarterly report on the status of balances of appropria18 tions: Provided, That for balances that are unobligated 

19 and uncommitted, committed, and obligated but unex20 pended, the quarterly reports shall separately identify the 

21 amounts attributable to each source year of appropriation 

22 from which balances were derived: Provided further, That 

23 initital reports shall be submitted to the Committees on 

24 Appropriations within 30 days of the end of the first quar25 ter of fiscal year 2012: Provided further, That subsequent 


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1 reports shall be submitted within 30 days of the end of 

2 each quarter thereafter. 

3 SEC. 537. The amount by which the applicable alloca4 tion of new budget authority made by the Committee on 

5 Appropriations of the House of Representatives under sec6 tion 302(b) of the Congressional Budget Act of 1974 ex7 ceeds the amount of proposed new budget authority is $0. 

8 This title may be cited as the ‘‘Departments of 

9 Labor, Health and Human Services, and Education, and 

10 Related Agencies Appropriations Act, 2012’’. 

Æ 


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