1029 
•AMDT. NO. 4805 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the PHS Act. 
SEC. 214. Funds which are available for Individual 
Learning Accounts for employees of the Centers for Dis-
ease Control and Prevention (‘‘CDC’’) and the Agency for 
Toxic Substances and Disease Registry (‘‘ATSDR’’) may 
be transferred to ‘‘Disease Control, Research, and Train-
ing’’, to be available only for Individual Learning Ac-
counts: Provided, That such funds may be used for any 
individual full-time equivalent employee while such em-
ployee is employed either by CDC or ATSDR. 
SEC. 215. Not to exceed $35,000,000 of funds appro-
priated by this Act to the institutes and centers of the 
National Institutes of Health may be used for alteration, 
repair, or improvement of facilities, as necessary for the 
proper and efficient conduct of the activities authorized 
herein, at not to exceed $2,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 216. Of the amounts made available for the Na-
tional Institutes of Health, 1 percent of the amount made 
available 
for 
National 
Research 
Service 
Awards 
(‘‘NRSA’’) shall be made available to the Administrator 
of the Health Resources and Services Administration to 
make NRSA awards for research in primary medical care 
to individuals affiliated with entities who have received 
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1030 
•AMDT. NO. 4805 
grants or contracts under section 747 of the Public Health 
Service Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the 
Agency for Healthcare Research and Quality to make 
NRSA awards for health service research. 
SEC. 217. Henceforth, no funds appropriated for a 
fiscal year in this or any other or any subsequent Act shall 
be subject to the allocation requirements of section 
1707A(e) of the Public Health Service Act. 
SEC. 218. (a) IN GENERAL.—The Health Education 
Assistance Loan (‘‘HEAL’’) program under title VII, part 
A, subpart I of the Public Health Service Act, and the 
authority to administer such program, including servicing, 
collecting, and enforcing any loans that were made under 
such program that remain outstanding, shall be perma-
nently transferred from the Secretary of Health and 
Human Services to the Secretary of Education. 
(b) TRANSFER OF FUNCTIONS, ASSETS, AND LIABIL-
ITIES.—The functions, assets, and liabilities of the Sec-
retary of Health and Human Services relating to such pro-
gram shall be transferred to the Secretary of Education. 
(c) USE OF AUTHORITIES UNDER HIGHER EDU-
CATION ACT OF 1965.—In servicing, collecting, and en-
forcing the loans described in subsection (a), the Secretary 
of Education shall have available any and all authorities 
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1031 
•AMDT. NO. 4805 
available to such Secretary in servicing, collecting, or en-
forcing a loan made, insured, or guaranteed under part 
B of title IV of the Higher Education Act of 1965. 
SEC. 219. Henceforth, no funds appropriated in an 
appropriations Act for fiscal year 2011, or in any previous 
or subsequent appropriations Act, shall be available for 
transfer under section 274 of the Public Health Service 
Act. 
(TRANSFER OF FUNDS) 
SEC. 220. In addition to any other transfer authority 
provided by this Act, the Director of the National Insti-
tutes of Health may transfer funds under the authority 
granted in section 402A(d) of the Public Health Service 
Act, if the Committees on Appropriations of the House 
of Representatives and the Senate are notified not less 
than 15 days in advance of any such transfer. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2011’’. 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’), section 307 of 
this Act and section 418A of the Higher Education Act 
of 1965, $16,387,212,000, of which $5,453,056,000 shall 
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1032 
•AMDT. NO. 4805 
become available on July 1, 2011, and shall remain avail-
able through September 30, 2012, and of which 
$10,841,176,000 shall become available on October 1, 
2011, and shall remain available through September 30, 
2012, for academic year 2011–2012: Provided, That 
$6,597,946,000 shall be for basic grants under section 
1124 of the ESEA: Provided further, That up to 
$4,000,000 of these funds shall be available to the Sec-
retary of Education on October 1, 2010, to obtain annu-
ally updated local educational-agency-level census poverty 
data from the Bureau of the Census: Provided further, 
That $1,365,031,000 shall be for concentration grants 
under section 1124A of the ESEA: Provided further, That 
$3,409,712,000 shall be for targeted grants under section 
1125 
of 
the 
ESEA: 
Provided 
further, 
That 
$3,409,712,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided fur-
ther, That $300,000,000 shall be available to carry out 
section 307 of this Act: Provided further, That $8,167,000 
shall be to carry out sections 1501 and 1503 of the ESEA: 
Provided further, That $545,633,000 shall be available for 
school improvement grants under section 1003(g) of the 
ESEA, which shall be allocated by the Secretary through 
the formula described in section 1003(g)(2) and shall be 
used consistent with the requirements of section 1003(g), 
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1033 
•AMDT. NO. 4805 
except that State and local educational agencies may use 
such funds, and funds appropriated for section 1003(g) 
under the American Recovery and Reinvestment Act of 
2009 (‘‘ARRA’’), to serve any school eligible to receive as-
sistance under part A of title I that has not made ade-
quate yearly progress for at least 2 years or is in the 
State’s lowest quintile of performance based on proficiency 
rates and, in the case of secondary schools, notwith-
standing the eligibility requirements under section 
1003(g) of the ESEA, high schools with a graduation rate 
below 60 percent and their low-performing feeder middle 
schools irrespective of the eligibility of such middle and 
high schools to receive assistance under part A of title I 
of the ESEA: Provided further, That the grants provided 
in accordance with the previous proviso shall not be sub-
ject to the requirement published by the Secretary in the 
Federal Register on October 28, 2010 (75 Fed. Reg. 
66368) that a local educational agency that has 9 or more 
tier I and tier II schools not implement the transformation 
model in more than 50 percent of those schools: Provided 
further, That each State educational agency shall ensure 
that the greater of 40 percent of its allocation under sec-
tion 1003(g) of the ESEA, or the amount that bears the 
same relationship to the State’s allocation under such sec-
tion as the sum of the number of students attending high 
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1034 
•AMDT. NO. 4805 
schools with a graduation rate of less than 60 percent and 
the number of students attending their low-performing 
feeder middle schools bears to the total number of stu-
dents attending schools in the State classified as tier I 
under the final requirements set forth in 75 Federal Reg-
ister 66365 (October 28, 2010), as in effect on the date 
of enactment of this Act, is spent on improvement activi-
ties in such middle schools and high schools, unless the 
State educational agency determines that all such middle 
schools and high schools can be served with a lesser 
amount: Provided further, That notwithstanding section 
1003(g)(5)(A), each State educational agency may estab-
lish a maximum subgrant size of not more than 
$2,000,000 for each participating school applicable to 
such funds: Provided further, That $225,000,000 shall be 
available under section 1502 of the ESEA for a com-
prehensive literacy development and education program to 
advance literacy skills, including pre-literacy skills, read-
ing, and writing, for students from birth through grade 
12, including limited-English-proficient students and stu-
dents with disabilities, of which one-half of 1 percent shall 
be reserved for the Secretary of the Interior for such a 
program at schools funded by the Bureau of Indian Edu-
cation, one-half of 1 percent shall be reserved for grants 
to the outlying areas for such a program, up to 
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1035 
•AMDT. NO. 4805 
$21,000,000 may be used to continue the initiative on ad-
olescent literacy, $10,000,000 shall be reserved for for-
mula grants to States based on each State’s relative share 
of funds under part A of title I of the ESEA for fiscal 
year 2010 except that no State shall receive less than 
$150,000, to establish or support a State Literacy Team 
with expertise in literacy development and education for 
children from birth through grade 12 to assist the State 
in developing a comprehensive literacy plan, up to 5 per-
cent may be reserved for national activities, and the re-
mainder shall be used to award competitive grants to State 
educational agencies for such a program, of which a State 
educational agency may reserve up to 5 percent for State 
leadership activities, including technical assistance and 
training, data collection, reporting, and administration, 
and shall subgrant not less than 95 percent to local edu-
cational agencies or, in the case of early literacy, to local 
educational agencies or other nonprofit providers of early 
childhood education that partner with a public or private 
nonprofit organization or agency with a demonstrated 
record of effectiveness in improving the early literacy de-
velopment of children from birth through kindergarten 
entry and in providing professional development in early 
literacy, giving priority to such agencies or other entities 
serving greater numbers or percentages of disadvantaged 
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1036 
•AMDT. NO. 4805 
children: Provided further, That the State educational 
agency shall ensure that at least 15 percent of the sub-
granted funds are used to serve children from birth 
through age 5, 40 percent are used to serve students in 
kindergarten through grade 5, and 40 percent are used 
to serve students in middle and high school including an 
equitable distribution of funds between middle and high 
schools: Provided further, That eligible entities receiving 
subgrants from State educational agencies shall use such 
funds for services and activities that have the characteris-
tics of effective literacy instruction through professional 
development, screening and assessment, targeted interven-
tions for students reading below grade level and other re-
search-based methods of improving classroom instruction 
and practice. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
Elementary and Secondary Education Act of 1965, 
$1,298,581,000, of which $1,153,000,000 shall be for 
basic 
support 
payments 
under 
section 
8003(b), 
$50,000,000 shall be for payments for children with dis-
abilities under section 8003(d), $18,509,000 shall be for 
construction under section 8007(b) and shall remain avail-
able through September 30, 2012, $72,208,000 shall be 
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1037 
•AMDT. NO. 4805 
for Federal property payments under section 8002, and 
$4,864,000, to remain available until expended, shall be 
for facilities maintenance under section 8008: Provided, 
That for purposes of computing the amount of a payment 
for an eligible local educational agency under section 
8003(a) for school year 2010–2011, children enrolled in 
a school of such agency that would otherwise be eligible 
for payment under section 8003(a)(1)(B) of such Act, but 
due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children 
reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they at-
tended prior to their change in eligibility status: Provided 
further, That for the purpose of determining eligibility for 
housing claimed under section 8003(a)(4) of such Act, the 
Secretary of the applicable Federal agency shall for fiscal 
years 2007, 2008, 2009, and 2010 deem eligible all unoc-
cupied housing identified to be demolished as certified by 
the designated representative of the Secretary of the appli-
cable Federal agency, notwithstanding the availability of 
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1038 
•AMDT. NO. 4805 
funds designated for the project being demolished for a 
period not to exceed 3 years: Provided further, That the 
Secretary of Education shall deem each local educational 
agency that received a fiscal year 2009 basic support pay-
ment for heavily impacted local educational agencies under 
section 8003(b)(2) of such Act as eligible to receive fiscal 
year 2010 and 2011 basic support payments for heavily 
impacted local educational agencies under such section 
and make a payment to such local educational agency 
under such section for fiscal years 2010 and 2011. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by parts A, B, and D of title II, part B of title 
IV, subpart 9 of part D of title V, parts A and B of title 
VI, and parts B and C of title VII of the Elementary and 
Secondary Education Act of 1965 (‘‘ESEA’’); the McKin-
ney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Com-
pact of Free Association Amendments Act of 2003; part 
Z of title VIII of the Higher Education Act (‘‘HEA’’); and 
the Civil Rights Act of 1964, $5,289,062,000, of which 
$5,000,000 shall become available on October 1, 2010 and 
remain 
available 
through 
September 
30, 
2011, 
$3,450,817,000 shall become available on July 1, 2011, 
and remain available through September 30, 2012, and 
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1039 
•AMDT. NO. 4805 
of which $1,681,441,000 shall become available on Octo-
ber 1, 2011, and shall remain available through September 
30, 2012, for academic year 2011–2012: Provided, That 
funds made available to carry out part B of title VII of 
the ESEA may be used for construction, renovation, and 
modernization of any elementary school, secondary school, 
or structure related to an elementary school or secondary 
school, run by the Department of Education of the State 
of Hawaii, that serves a predominantly Native Hawaiian 
student body: Provided further, That from the funds re-
ferred to in the preceding proviso, not less than 
$1,500,000 shall be for a grant to the Department of Edu-
cation of the State of Hawaii for the activities described 
in such proviso and $1,500,000 shall be for a grant to 
the University of Hawaii School of Law for a Center of 
Excellence in Native Hawaiian law: Provided further, That 
from the funds referred to in the second preceding proviso, 
$500,000 shall be for part Z of title VIII of the HEA: 
Provided further, That funds made available to carry out 
part C of title VII of the ESEA may be used for construc-
tion: Provided further, That up to 100 percent of the funds 
available to a State educational agency under part D of 
title II of the ESEA may be used for subgrants described 
in section 2412(a)(2)(B) of such Act: Provided further, 
That funds made available under this heading for section 
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