723 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
PAYMENTS TO STATES FOR CHILD SUPPORT 
ENFORCEMENT AND FAMILY SUPPORT PROGRAMS 
For making payments to States or other non-Federal 
entities under titles I, IV–D, X, XI, XIV, and XVI of the 
Social Security Act and the Act of July 5, 1960, 
$2,305,035,000, to remain available until expended; and 
for such purposes for the first quarter of fiscal year 2013, 
$1,100,000,000, to remain available until expended. 
For making payments to each State for carrying out 
the program of Aid to Families with Dependent Children 
under title IV–A of the Social Security Act before the ef-
fective date of the program of Temporary Assistance for 
Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under 
such title IV–A in fiscal year 1997 under this appropria-
tion and under such title IV–A as amended by the Per-
sonal Responsibility and Work Opportunity Reconciliation 
Act of 1996 shall not exceed the limitations under section 
116(b) of such Act. 
For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under 
titles I, IV–D, X, XI, XIV, and XVI of the Social Security 
Act and the Act of July 5, 1960, for the last 3 months 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00723
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
724 
of the current fiscal year for unanticipated costs, incurred 
for the current fiscal year, such sums as may be necessary. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under subsections (b) and (d) 
of section 2602 of the Low Income Home Energy Assist-
ance Act of 1981, $3,478,246,000: Provided, That all but 
$497,000,000 of such funds shall be allocated as though 
the total appropriation for such payments for fiscal year 
2012 was less than $1,975,000,000: Provided further, 
That notwithstanding section 2609A(a), of the amounts 
appropriated under section 2602(b), not more than 
$3,000,000 of such amounts may be reserved by the Sec-
retary for technical assistance, training, and monitoring 
of program activities for compliance with internal controls, 
policies and procedures. 
REFUGEE AND ENTRANT ASSISTANCE 
For necessary expenses for refugee and entrant as-
sistance activities authorized by section 414 of the Immi-
gration and Nationality Act and section 501 of the Ref-
ugee Education Assistance Act of 1980, for carrying out 
section 462 of the Homeland Security Act of 2002, section 
235 of the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008, and the Trafficking 
Victims Protection Act of 2000, for costs associated with 
the care and placement of unaccompanied alien children, 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00724
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
725 
and for carrying out the Torture Victims Relief Act of 
1998, $769,789,000, of which up to $9,794,000 shall be 
available to carry out the Trafficking Victims Protection 
Act of 2000: Provided, That funds appropriated under this 
heading pursuant to section 414(a) of the Immigration 
and Nationality Act, section 462 of the Homeland Secu-
rity Act of 2002, section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 
2008, and the Trafficking Victims Protection Act of 2000 
for fiscal year 2012 shall be available for the costs of as-
sistance provided and other activities to remain available 
through September 30, 2014. 
PAYMENTS TO STATES FOR THE CHILD CARE AND 
DEVELOPMENT BLOCK GRANT 
For carrying out the Child Care and Development 
Block Grant Act of 1990, $2,282,627,000 shall be used 
to supplement, not supplant State general revenue funds 
for child care assistance for low-income families: Provided, 
That $19,433,000 shall be available for child care resource 
and referral and school-aged child care activities, of which 
$1,000,000 shall be available to the Secretary for a com-
petitive grant for the operation of a national toll free hot-
line and Web site to develop and disseminate child care 
consumer education information for parents and help par-
ents access child care in their local community: Provided 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00725
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
726 
further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $291,248,000 
shall be reserved by the States for activities authorized 
under section 658G, of which $106,813,000 shall be for 
activities that improve the quality of infant and toddler 
care: Provided further, That $9,890,000 shall be for use 
by the Secretary for child care research, demonstration, 
and evaluation activities. 
SOCIAL SERVICES BLOCK GRANT 
For making grants to States pursuant to section 
2002 of the Social Security Act, $1,700,000,000: Pro-
vided, That notwithstanding subparagraph (B) of section 
404(d)(2) of such Act, the applicable percent specified 
under such subparagraph for a State to carry out State 
programs pursuant to title XX of such Act shall be 10 
percent. 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
For carrying out, except as otherwise provided, the 
Runaway and Homeless Youth Act, the Developmental 
Disabilities Assistance and Bill of Rights Act, the Head 
Start Act, the Child Abuse Prevention and Treatment Act, 
sections 303 and 313 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 
1974, title II of the Child Abuse Prevention and Treat-
ment and Adoption Reform Act of 1978 (adoption oppor-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00726
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
727 
tunities), the Abandoned Infants Assistance Act of 1988, 
section 291 of the Help America Vote Act of 2002, part 
B–1 of title IV and sections 413, 1110, and 1115 of the 
Social Security Act; for making payments under the Com-
munity Services Block Grant Act (‘‘CSBG Act’’), sections 
439(i), 473B, and 477(i) of the Social Security Act, and 
the Assets for Independence Act; and for necessary admin-
istrative expenses to carry out such Acts and titles I, IV, 
V, X, XI, XIV, XVI, and XX of the Social Security Act, 
the Act of July 5, 1960, the Low Income Home Energy 
Assistance Act of 1981, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education 
Assistance Act of 1980, $9,926,709,000, of which 
$39,421,000, to remain available through September 30, 
2013, shall be for grants to States for adoption incentive 
payments, as authorized by section 473A of the Social Se-
curity Act and may be made for adoptions completed be-
fore September 30, 2012: Provided, That $7,983,633,000 
shall be for making payments under the Head Start Act: 
Provided further, That for purposes of allocating funds de-
scribed by the immediately preceding proviso, the term 
‘‘base grant’’ as used in subsection (a)(7)(A) of section 
640 of such Act with respect to funding provided to a 
Head Start agency (including each Early Head Start 
agency) for fiscal year 2011 shall be calculated as de-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00727
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
728 
scribed in such subsection and to which amount shall be 
added 50 percent of the amount of funds appropriated 
under the heading ‘‘Department of Health and Human 
Services, Administration for Children and Families, Chil-
dren and Family Services Programs’’ in Public Law 111– 
5 and provided to such agency for carrying out expansion 
of Head Start programs, as that phrase is used in sub-
section (a)(4)(D) of such section 640, and provided to 
such agency as the ongoing funding level for operations 
in the 12-month period beginning in fiscal year 2010: Pro-
vided further, That $713,630,000 shall be for making pay-
ments under the CSBG Act: Provided further, That 
$35,340,000 shall be for sections 680 and 678E(b)(2) of 
the CSBG Act, of which not less than $30,000,000 shall 
be for section 680(a)(2) and not less than $4,990,000 
shall be for section 680(a)(3)(B) of such Act: Provided 
further, That in addition to amounts provided herein, 
$5,762,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the provi-
sions of section 1110 of the Social Security Act: Provided 
further, That to the extent Community Services Block 
Grant funds are distributed as grant funds by a State to 
an eligible entity as provided under the CSBG Act, and 
have not been expended by such entity, they shall remain 
with such entity for carryover into the next fiscal year for 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00728
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
729 
expenditure by such entity consistent with program pur-
poses: Provided further, That the Secretary shall establish 
procedures regarding the disposition of intangible assets 
and program income that permit such assets acquired 
with, and program income derived from, grant funds au-
thorized under section 680 of the CSBG Act to become 
the sole property of such grantees after a period of not 
more than 12 years after the end of the grant period for 
any activity consistent with section 680(a)(2)(A) of the 
CSBG Act: Provided further, That intangible assets in the 
form of loans, equity investments and other debt instru-
ments, and program income may be used by grantees for 
any eligible purpose consistent with section 680(a)(2)(A) 
of the CSBG Act: Provided further, That these procedures 
shall apply to such grant funds made available after No-
vember 29, 1999: Provided further, That funds appro-
priated for section 680(a)(2) of the CSBG Act shall be 
available for financing construction and rehabilitation and 
loans or investments in private business enterprises owned 
by community development corporations: Provided further, 
That $5,245,000 shall be for activities authorized by sec-
tion 291 of the Help America Vote Act of 2002: Provided 
further, That $1,996,000 shall be for a human services 
case management system for federally declared disasters, 
to include a comprehensive national case management con-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00729
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
730 
tract and Federal costs of administering the system: Pro-
vided further, That up to $2,000,000 shall be for improv-
ing the Public Assistance Reporting Information System, 
including grants to States to support data collection for 
a study of the system’s effectiveness. 
PROMOTING SAFE AND STABLE FAMILIES 
For carrying out section 436 of the Social Security 
Act, $345,000,000 and section 437 of such Act, 
$63,184,000. 
PAYMENTS FOR FOSTER CARE AND PERMANENCY 
For making payments to States or other non-Federal 
entities under title IV–E of the Social Security Act, 
$5,153,000,000. 
For making payments to States or other non-Federal 
entities under title IV–E of the Social Security Act, for 
the first quarter of fiscal year 2013, $2,100,000,000. 
For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under 
section 474 of title IV–E of the Social Security Act, for 
the last 3 months of the current fiscal year for unantici-
pated costs, incurred for the current fiscal year, such sums 
as may be necessary. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00730
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
731 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965 (‘‘OAA’’), section 
398 and title XXIX of the PHS Act, section 119 of the 
Medicare Improvements for Patients and Providers Act of 
2008, $1,473,703,000: Provided, That amounts appro-
priated under this heading may be used for grants to 
States under section 361 of the OAA only for disease pre-
vention and health promotion programs and activities 
which have been demonstrated through rigorous evalua-
tion to be evidence-based and effective: Provided further, 
That none of the funds provided shall be used to carry 
out sections 1701 and 1703 of the PHS Act (with respect 
to chronic disease self-management activity grants), ex-
cept that such funds may be used for necessary expenses 
associated with administering any such grants awarded 
prior to the date of the enactment of this Act: Provided 
further, That the total amount available for fiscal year 
2012 under this and any other Act to carry out activities 
related to Aging and Disability Resource Centers under 
subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the 
OAA shall not exceed the amount obligated for such pur-
poses for fiscal year 2010 from funds available under Pub-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00731
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
732 
lic Law 111–117: Provided further, That notwithstanding 
any other provision of this Act, funds made available 
under this heading to carry out section 311 of the OAA 
may be transferred to the Secretary of Agriculture in ac-
cordance with such section. 
OFFICE OF THE SECRETARY 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for 
general departmental management, including hire of six 
passenger motor vehicles, and for carrying out titles III, 
XVII, and XXI of the PHS Act, the United States-Mexico 
Border Health Commission Act, and research studies 
under section 1110 of the Social Security Act, 
$475,221,000, together with $69,211,000 from the 
amounts available under section 241 of the PHS Act to 
carry out national health or human services research and 
evaluation activities: Provided, That of this amount, 
$53,783,000 shall be for minority AIDS prevention and 
treatment activities: Provided further, That of the funds 
made available under this heading, $104,790,000 shall be 
for making competitive contracts and grants to public and 
private entities to fund medically accurate and age appro-
priate programs that reduce teen pregnancy and for the 
Federal costs associated with administering and evalu-
ating such contracts and grants, of which not less than 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00732
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
733 
$75,000,000 shall be for replicating programs that have 
been proven effective through rigorous evaluation to re-
duce teenage pregnancy, behavioral risk factors underlying 
teenage pregnancy, or other associated risk factors, of 
which not less than $25,000,000 shall be available for re-
search and demonstration grants to develop, replicate, re-
fine, and test additional models and innovative strategies 
for preventing teenage pregnancy, and of which any re-
maining amounts shall be available for training and tech-
nical assistance, evaluation, outreach, and additional pro-
gram support activities: Provided further, That of the 
amounts provided under this heading from amounts avail-
able under section 241 of the PHS Act, $8,455,000 shall 
be available to carry out evaluations (including longitu-
dinal evaluations) of teenage pregnancy prevention ap-
proaches: Provided further, That of the funds made avail-
able under this heading, $5,000,000 shall be for making 
competitive grants to provide abstinence education (as de-
fined by section 510(b)(2)(A)–(H) of the Social Security 
Act) to adolescents, and for Federal costs of administering 
the grant: Provided further, That grants made under the 
authority of section 510(b)(2)(A)–(H) of the Social Secu-
rity Act shall be made only to public and private entities 
that agree that, with respect to an adolescent to whom 
the entities provide abstinence education under such 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00733
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
734 
grant, the entities will not provide to that adolescent any 
other education regarding sexual conduct, except that, in 
the case of an entity expressly required by law to provide 
health information or services the adolescent shall not be 
precluded from seeking health information or services 
from the entity in a different setting than the setting in 
which abstinence education was provided: Provided fur-
ther, That funds provided in this Act for embryo adoption 
activities may be used to provide to individuals adopting 
embryos, through grants and other mechanisms, medical 
and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be 
provided consistent with 42 CFR 59.5(a)(4). 
OFFICE OF MEDICARE HEARINGS AND APPEALS 
For expenses necessary for administrative law judges 
responsible for hearing cases under title XVIII of the So-
cial Security Act (and related provisions of title XI of such 
Act), $72,147,000, to be transferred in appropriate part 
from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund. 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
For expenses necessary for the Office of the National 
Coordinator for Health Information Technology, including 
grants, contracts, and cooperative agreements for the de-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00734
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
735 
velopment and advancement of interoperable health infor-
mation technology, $16,446,000: Provided, That in addi-
tion to amounts provided herein, $44,811,000 shall be 
available from amounts available under section 241 of the 
PHS Act. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector 
General, including the hire of passenger motor vehicles for 
investigations, in carrying out the provisions of the Inspec-
tor General Act of 1978, $50,178,000: Provided, That of 
such amount, necessary sums shall be available for pro-
viding protective services to the Secretary and inves-
tigating non-payment of child support cases for which non- 
payment is a Federal offense under 18 U.S.C. 228: Pro-
vided further, That at least 40 percent of the funds pro-
vided in this Act for the Office of Inspector General shall 
be used only for investigations, audits, and evaluations 
pertaining to the discretionary programs funded in this 
Act. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, $41,016,000. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00735
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
736 
RETIREMENT PAY AND MEDICAL BENEFITS FOR 
COMMISSIONED OFFICERS 
For retirement pay and medical benefits of Public 
Health Service Commissioned Officers as authorized by 
law, for payments under the Retired Serviceman’s Family 
Protection Plan and Survivor Benefit Plan, and for med-
ical care of dependents and retired personnel under the 
Dependents’ Medical Care Act, such amounts as may be 
required during the current fiscal year. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to support activities related 
to countering potential biological, nuclear, radiological, 
chemical, and cybersecurity threats to civilian populations, 
and for other public health emergencies, $569,452,000; of 
which $10,000,000 shall remain available until September 
30, 2014 to support emergency operations. 
From funds transferred to this account pursuant to 
the fourth paragraph under this heading in Public Law 
111–117, up to $415,000,000 shall be available for ex-
penses necessary to support advanced research and devel-
opment pursuant to section 319L of the PHS Act, and 
other administrative expenses of the Biomedical Advanced 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00736
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
737 
Research and Development Authority to support addi-
tional advanced research and development. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be 
available for not to exceed $50,000 for official reception 
and representation expenses when specifically approved by 
the Secretary. 
SEC. 202. The Secretary shall make available through 
assignment not more than 60 employees of the Public 
Health Service to assist in child survival activities and to 
work in AIDS programs through and with funds provided 
by the Agency for International Development, the United 
Nations International Children’s Emergency Fund or the 
World Health Organization. 
SEC. 203. None of the funds appropriated in this title 
shall be used to pay the salary of an individual, through 
a grant or other extramural mechanism, at a rate in excess 
of Executive Level II. 
SEC. 204. None of the funds appropriated in this Act 
may be expended pursuant to section 241 of the PHS Act, 
except for funds specifically provided for in this Act, or 
for other taps and assessments made by any office located 
in HHS, prior to the preparation and submission of a re-
port by the Secretary to the Committees on Appropria-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00737
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
738 
tions of the House of Representatives and the Senate de-
tailing the planned uses of such funds. 
SEC. 205. Notwithstanding section 241(a) of the 
PHS Act, such portion as the Secretary shall determine, 
but not more than 2.5 percent, of any amounts appro-
priated for programs authorized under such Act shall be 
made available for the evaluation (directly, or by grants 
or contracts) of the implementation and effectiveness of 
such programs. 
(TRANSFER OF FUNDS) 
SEC. 206. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the current fiscal year for HHS in this Act 
may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent 
by any such transfer: Provided, That the transfer author-
ity granted by this section shall not be used to create any 
new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate are notified at least 15 days 
in advance of any transfer. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00738
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
739 
(TRANSFER OF FUNDS) 
SEC. 207. The Director of the NIH, jointly with the 
Director of the Office of AIDS Research, may transfer up 
to 3 percent among institutes and centers from the total 
amounts identified by these two Directors as funding for 
research pertaining to the human immunodeficiency virus: 
Provided, That the Committees on Appropriations of the 
House of Representatives and the Senate are notified at 
least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 208. Of the amounts made available in this Act 
for NIH, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Di-
rector of NIH and the Director of the Office of AIDS Re-
search, shall be made available to the ‘‘Office of AIDS 
Research’’ account. The Director of the Office of AIDS 
Research shall transfer from such account amounts nec-
essary to carry out section 2353(d)(3) of the PHS Act. 
SEC. 209. None of the funds appropriated in this Act 
may be made available to any entity under title X of the 
PHS Act unless the applicant for the award certifies to 
the Secretary that it encourages family participation in 
the decision of minors to seek family planning services and 
that it provides counseling to minors on how to resist at-
tempts to coerce minors into engaging in sexual activities. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00739
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
740 
SEC. 210. Notwithstanding any other provision of 
law, no provider of services under title X of the PHS Act 
shall be exempt from any State law requiring notification 
or the reporting of child abuse, child molestation, sexual 
abuse, rape, or incest. 
SEC. 211. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be 
used to carry out the Medicare Advantage program if the 
Secretary denies participation in such program to an oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) because the entity informs the Secretary that 
it will not provide, pay for, provide coverage of, or provide 
referrals for abortions: Provided, That the Secretary shall 
make appropriate prospective adjustments to the capita-
tion payment to such an entity (based on an actuarially 
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care program’s coverage for such services and a Medicare 
Advantage organization described in this section shall be 
responsible for informing enrollees where to obtain infor-
mation about all Medicare covered services. 
SEC. 212. In order for HHS to carry out inter-
national health activities, including HIV/AIDS and other 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00740
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
741 
infectious disease, chronic and environmental disease, and 
other health activities abroad during fiscal year 2012: 
(1) The Secretary may exercise authority equiv-
alent to that available to the Secretary of State in 
section 2(c) of the State Department Basic Authori-
ties Act of 1956. The Secretary shall consult with 
the Secretary of State and relevant Chief of Mission 
to ensure that the authority provided in this section 
is exercised in a manner consistent with section 207 
of the Foreign Service Act of 1980 and other appli-
cable statutes administered by the Department of 
State. 
(2) The Secretary is authorized to provide such 
funds by advance or reimbursement to the Secretary 
of State as may be necessary to pay the costs of ac-
quisition, lease, alteration, renovation, and manage-
ment of facilities outside of the United States for 
the use of HHS. The Department of State shall co-
operate fully with the Secretary to ensure that HHS 
has secure, safe, functional facilities that comply 
with applicable regulation governing location, set-
back, and other facilities requirements and serve the 
purposes established by this Act. The Secretary is 
authorized, in consultation with the Secretary of 
State, through grant or cooperative agreement, to 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00741
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
742 
make available to public or nonprofit private institu-
tions or agencies in participating foreign countries, 
funds to acquire, lease, alter, or renovate facilities in 
those countries as necessary to conduct programs of 
assistance for international health activities, includ-
ing activities relating to HIV/AIDS and other infec-
tious diseases, chronic and environmental diseases, 
and other health activities abroad. 
(3) The Secretary is authorized to provide to 
personnel appointed or assigned by the Secretary to 
serve abroad, allowances and benefits similar to 
those provided under chapter 9 of title I of the For-
eign Service Act of 1980, and 22 U.S.C. 4081 
through 4086 and subject to such regulations pre-
scribed by the Secretary. The Secretary is further 
authorized to provide locality-based comparability 
payments (stated as a percentage) up to the amount 
of the locality-based comparability payment (stated 
as a percentage) that would be payable to such per-
sonnel under section 5304 of title 5, United States 
Code if such personnel’s official duty station were in 
the District of Columbia. Leaves of absence for per-
sonnel under this subsection shall be on the same 
basis as that provided under subchapter I of chapter 
63 of title 5, United States Code, or section 903 of 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00742
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
743 
the Foreign Service Act of 1980, to individuals serv-
ing in the Foreign Service. 
SEC. 213. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of NIH (‘‘Director’’) 
may use funds available under section 402(b)(7) or 
402(b)(12) of the PHS Act to enter into transactions 
(other than contracts, cooperative agreements, or grants) 
to carry out research identified pursuant to such section 
402(b)(7) (pertaining to the Common Fund) or research 
and activities described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director may utilize such peer 
review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appro-
priate to obtain assessments of scientific and technical 
merit. Such procedures shall apply to such transactions 
in lieu of the peer review and advisory council review pro-
cedures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the PHS Act. 
SEC. 214. Funds which are available for Individual 
Learning Accounts for employees of CDC and the Agency 
for Toxic Substances and Disease Registry (‘‘ATSDR’’) 
may be transferred to appropriate accounts of CDC, to 
be available only for Individual Learning Accounts: Pro-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00743
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
744 
vided, That such funds may be used for any individual 
full-time equivalent employee while such employee is em-
ployed either by CDC or ATSDR. 
SEC. 215. Notwithstanding any other provisions of 
law, discretionary funds made available in this Act may 
be used to continue operating the Council on Graduate 
Medical Education established by section 301 of Public 
Law 102–408. 
SEC. 216. Not to exceed $45,000,000 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 $3,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for NIH, 
1 percent of the amount made available for National Re-
search Service Awards (‘‘NRSA’’) shall be made available 
to the Administrator of the Health Resources and Services 
Administration to make NRSA awards for research in pri-
mary medical care to individuals affiliated with entities 
who have received grants or contracts under section 747 
of the PHS Act, and 1 percent of the amount made avail-
able for NRSA shall be made available to the Director of 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00744
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
745 
the Agency for Healthcare Research and Quality to make 
NRSA awards for health service research. 
SEC. 218. None of the funds made available in this 
title may be used, in whole or in part, to advocate or pro-
mote gun control. 
SEC. 219. None of the funds appropriated or other-
wise made available in this Act may be expended to ad-
vance the creation of a Federally Funded Research and 
Development Center at the Centers for Medicare and Med-
icaid Services, prior to a Federal Register notice being 
issued that outlines: how this proposal would meet the spe-
cific requirements identified in FAR 35.017–2; agency 
procedures that ensure small business competitiveness is 
maintained; and the outline of a transparent award and 
governance process to be employed. 
SEC. 220. (a) The Secretary shall establish a publicly 
accessible website to provide information regarding the 
uses of funds made available under section 4002 of Public 
Law 111–148. 
(b) With respect to funds provided for fiscal year 
2012, the Secretary shall include on the website estab-
lished under subsection (a) at a minimum the following 
information: 
(1) In the case of each transfer of funds under 
section 4002(c), a statement indicating the program 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00745
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
746 
or activity receiving funds, the operating division or 
office that will administer the funds, and the 
planned uses of the funds, to be posted not later 
than the day after the transfer is made. 
(2) Identification (along with a link to the full 
text) of each funding opportunity announcement, re-
quest for proposals, or other announcement or solici-
tation of proposals for grants, cooperative agree-
ments, or contracts intended to be awarded using 
such funds, to be posted not later than the day after 
the announcement or solicitation is issued. 
(3) Identification of each grant, cooperative 
agreement, or contract with a value of $25,000 or 
more awarded using such funds, including the pur-
pose of the award and the identity of the recipient, 
to be posted not later than 5 days after the award 
is made. 
(4) A report detailing the uses of all funds 
transferred under section 4002(c) during the fiscal 
year, to be posted not later than 90 days after the 
end of the fiscal year. 
(5) Semi-annual reports from each entity 
awarded a grant, cooperative agreement, or contract 
from such funds with a value of $25,000 or more, 
summarizing the activities undertaken and identi-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00746
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
747 
fying any sub-grants or sub-contracts awarded (in-
cluding the purpose of the award and the identity of 
the recipient), to be posted not later than 30 days 
after the end of each 6-month period. 
SEC. 221. (a) ESTABLISHMENT OF NATIONAL CEN-
TER FOR ADVANCING TRANSLATIONAL SCIENCES; ELIMI-
NATION
OF NATIONAL CENTER
FOR RESEARCH RE-
SOURCES.— 
(1) IN GENERAL.—Subpart 1 of part E of title 
IV of the Public Health Service Act (42 U.S.C. 287 
et seq.) is amended— 
(A) in the subpart heading, by striking 
‘‘National Center for Research Resources’’ and 
inserting ‘‘National Center for Advancing 
Translational Sciences’’; 
(B) by striking sections 480 and 481; and 
(C) by amending section 479 to read as 
follows: 
‘‘SEC. 
479. 
NATIONAL 
CENTER 
FOR 
ADVANCING 
TRANSLATIONAL SCIENCES. 
‘‘(a) PURPOSE.—The purpose of the National Center 
for Advancing Translational Sciences (in this subpart re-
ferred to as the ‘Center’) is to advance translational 
sciences, including by— 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00747
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
748 
‘‘(1) coordinating and developing resources that 
leverage basic research in support of translational 
science; and 
‘‘(2) developing partnerships and working coop-
eratively to foster synergy in ways that do not create 
duplication, redundancy, and competition with indus-
try activities. 
‘‘(b) CLINICAL TRIAL ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Center may develop 
and provide infrastructure and resources for all 
phases of clinical trials research. Except as provided 
in paragraph (2), the Center may support clinical 
trials only through the end of phase IIA. 
‘‘(2) EXCEPTION.—The Center may support 
clinical trial activities through the end of phase IIB 
for a treatment for a rare disease or condition (as 
defined in section 526 of the Federal Food, Drug, 
and Cosmetic Act) so long as— 
‘‘(A) the Center gives public notice for a 
period of at least 120 days of the Center’s in-
tention to support the clinical trial activities in 
phase IIB; 
‘‘(B) no public or private organization pro-
vides credible written intent to the Center that 
the organization has timely plans to further the 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00748
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
749 
clinical trial activities or conduct clinical trials 
of a similar nature beyond phase IIA; and 
‘‘(C) the Center ensures that support of 
the clinical trial activities in phase IIB will not 
increase the Federal Government’s liability be-
yond the award value of the Center’s support. 
‘‘(c) ANNUAL REPORT.—The Center shall publish an 
annual report that, with respect to all research supported 
by the Center, includes a complete list of— 
‘‘(1) the molecules being studied; 
‘‘(2) clinical trial activities being conducted; 
‘‘(3) the methods and tools in development; 
‘‘(4) ongoing partnerships, including— 
‘‘(A) the rationale for each partnership; 
‘‘(B) the status of each partnership; 
‘‘(C) the funding provided by the Center to 
other entities pursuant to each partnership, and 
‘‘(D) the activities which have been trans-
ferred to industry pursuant to each partnership; 
and 
‘‘(5) known research activity of other entities 
that is or will expand upon research activity of the 
Center.’’. 
(2) LIST OF INSTITUTES AND CENTERS.—Sec-
tion 401(b)(21) of the Public Health Service Act (42 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00749
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
752 
serting ‘‘and the Council of 
Councils established under sec-
tion 402(l) (in this section re-
ferred to as the ‘Council’)’’; and 
(bb) in subparagraphs (B), 
(C), and (D), by striking ‘‘Advi-
sory’’ each place it appears; and 
(vii) in subsection (g), by striking 
‘‘after consultation with the Advisory 
Council’’ and inserting ‘‘after consultation 
with the Council’’. 
(2) CONSTRUCTION
OF
REGIONAL
CENTERS 
FOR RESEARCH ON PRIMATES.—Section 481B of the 
Public Health Service Act (42 U.S.C. 287a–3)— 
(A) is redesignated as section 404J and is 
moved to follow section 404I, as redesignated 
by paragraph (1); and 
(B) in subsection (a), is amended— 
(i) by striking ‘‘by the National Cen-
ter for Research Resources’’ and inserting 
‘‘by the Director of NIH, acting through 
the Office of the Director of NIH,’’; and 
(ii) by striking ‘‘481A’’ and inserting 
‘‘404I’’. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00752
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
753 
(3) SANCTUARY SYSTEM FOR SURPLUS CHIM-
PANZEES.—Section 481C of the Public Health Serv-
ice Act (42 U.S.C. 287a–3a)— 
(A) is redesignated as section 404K and is 
moved to follow section 404J, as redesignated 
by paragraph (2); and 
(B) in subsection (d)(4)(A)(ii), is amended 
by striking ‘‘that is carried out by the National 
Center for Research Resources’’ and inserting 
‘‘that is carried out by the Director of NIH, 
acting through the Office of the Director of 
NIH,’’. 
(4) SHARED
INSTRUMENTATION
GRANT
PRO-
GRAM.—Section 305 of the Public Health Improve-
ment Act (42 U.S.C. 287 note)— 
(A) is redesignated as section 404L of the 
Public Health Service Act and is moved to fol-
low section 404K of that Act, as redesignated 
by paragraph (3); and 
(B) is amended— 
(i) by striking subsection (a) and re-
designating subsections (b) and (c) as sub-
sections (a) and (b), respectively; 
(ii) in subsection (a), as so redesig-
nated, by striking ‘‘under the program de-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00753
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
754 
scribed in subsection (a)’’ and inserting 
‘‘under the Shared Instrumentation Grant 
Program’’; 
(iii) by striking ‘‘Director of the Na-
tional Center for Research Resources’’ 
each place it appears and inserting ‘‘Direc-
tor of NIH, acting through the Office of 
the Director of NIH,’’; and 
(iv) in subsection (b), as so redesig-
nated— 
(I) by striking ‘‘in subsection 
(a)’’ and inserting ‘‘in subsection (a), 
the’’; and 
(II) by striking ‘‘of the Public 
Health 
Service 
Act 
(42 
U.S.C. 
289a)’’. 
(5) 
INSTITUTIONAL
DEVELOPMENT
AWARD 
PROGRAM.—Title IV of the Public Health Service 
Act (42 U.S.C. 281 et seq.) is amended— 
(A) in section 461, by striking the section 
heading and designation and all that follows 
through ‘‘The general purpose’’ and inserting 
the following: 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00754
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
755 
‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL 
SCIENCES. 
‘‘(a) GENERAL PURPOSE.—The general purpose’’; 
(B) by moving subsection (g) of section 
402 to the end of section 461, as amended, and 
redesignating that subsection as subsection (b); 
and 
(C) in section 461(b), as so redesignated— 
(i) by striking ‘‘(b)(1)(A) In the case 
of’’ and inserting the following: 
‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD PRO-
GRAM.— 
‘‘(1)(A) In the case of’’; 
(ii) by moving two ems to the right— 
(I) subparagraphs (B) and (C) of 
paragraph (1); 
(II) clauses (i), (ii), and (iii) of 
such subparagraph (C); and 
(III) paragraph (2); and 
(iii) in paragraph (1)(A), by striking 
‘‘acting through the Director of the Na-
tional Center for Research Resources’’ and 
inserting ‘‘acting through the Director of 
the National Institute of General Medical 
Sciences’’. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00755
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
756 
(c) ASSIGNMENT OF CERTAIN OFFICES AND FUNC-
TIONS
TO
NATIONAL
CENTER
FOR
ADVANCING 
TRANSLATIONAL SCIENCES.— 
(1) CURES ACCELERATION NETWORK.—Section 
402C of the Public Health Service Act (42 U.S.C. 
282d)— 
(A) is redesignated as section 480 and is 
moved to follow section 479; 
(B) in subsection (b), is amended in the 
matter that precedes paragraph (1) by striking 
‘‘within the Office of the Director of NIH’’ and 
inserting ‘‘within the Center’’; 
(C) by striking ‘‘Director of NIH’’ each 
place it appears and inserting ‘‘Director of the 
Center’’; and 
(D) in the headings of subsections (d)(4) 
and (d)(4)(B), by striking ‘‘DIRECTOR OF NIH’’ 
each place it appears and inserting ‘‘DIRECTOR 
OF THE CENTER’’. 
(2) OFFICE OF RARE DISEASES.—Title IV of 
the Public Health Service Act (42 U.S.C. 281 et 
seq.) is amended— 
(A) in section 404F— 
(i) by redesignating such section as 
section 481 and moving such section to fol-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00756
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
757 
low section 480, as redesignated by para-
graph (1); 
(ii) in subsection (a)— 
(I) by striking ‘‘within the Office 
of the Director of NIH’’ and inserting 
‘‘within the Center’’; and 
(II) by striking ‘‘Director of 
NIH’’ and inserting ‘‘Director of the 
Center’’; and 
(iii) in subsection (b)(1)(C), by strik-
ing ‘‘404G’’ and inserting ‘‘481A’’; and 
(B) in section 401(c)(2)(A), by striking 
‘‘the Office of Rare Diseases,’’. 
(3) RARE DISEASE REGIONAL CENTERS OF EX-
CELLENCE.—Section 404G of the Public Health 
Service Act (42 U.S.C. 283i) is redesignated as sec-
tion 481A and is moved to follow section 481, as re-
designated by paragraph (2). 
(4) GENERAL CLINICAL RESEARCH CENTERS.— 
Section 481D of the Public Health Service Act (42 
U.S.C. 287a–4)— 
(A) is redesignated as section 481B; and 
(B) in subsection (a), is amended by strik-
ing ‘‘Director of the National Center for Re-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00757
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
758 
search Resources’’ and inserting ‘‘Director of 
the Center’’. 
(d) CONFORMING AMENDMENTS.—Title IV of the 
Public Health Service Act (42 U.S.C. 281 et seq.) is 
amended— 
(1) 
in 
section 
402(b)(24) 
(42 
U.S.C. 
282(b)(24)), by striking ‘‘402C’’ and inserting 
‘‘480’’; 
(2) in section 404C(e)(3)(A) (42 U.S.C. 
283e(e)(3)(A)), by striking ‘‘and the Director of the 
Center for Research Resources’’; 
(3) 
in 
section 
464z–3(i)(1) 
(42 
U.S.C. 
285t(i)(1))— 
(A) by striking ‘‘Director of National Insti-
tute for Research Resources’’ and inserting 
‘‘Director of NIH’’; 
(B) by striking ‘‘481(c)(3)’’ and inserting 
‘‘404I(c)(2)’’; and 
(C) by inserting ‘‘under such section’’ after 
‘‘Institutions of Emerging Excellence’’; 
(4) 
in 
section 
499(c)(1)(E) 
(42 
U.S.C. 
290b(c)(1)(E)), by striking ‘‘section 402C’’ and in-
serting ‘‘section 480’’. 
SEC. 222. The discretionary appropriation for CDC 
is hereby reduced by $20,000,000: Provided, That the re-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00758
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
759 
duction should be taken from contracting and administra-
tive costs in each of the CDC accounts. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2012’’. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00759
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
760 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (referred to in this Act as 
‘‘ESEA’’) and section 418A of the Higher Education Act 
of 1965 (referred to in this Act as ‘‘HEA’’), 
$15,750,983,000, of which $4,817,117,000 shall become 
available on July 1, 2012, and shall remain available 
through 
September 
30, 
2013, 
and 
of 
which 
$10,841,177,000 shall become available on October 1, 
2012, and shall remain available through September 30, 
2013, for academic year 2012–2013: Provided, That 
$6,584,750,000 shall be for basic grants under section 
1124 of the ESEA: Provided further, That up to 
$3,992,000 of these funds shall be available to the Sec-
retary of Education (referred to in this title as ‘‘Sec-
retary’’) on October 1, 2011, to obtain annually updated 
local educational agency-level census poverty data from 
the Bureau of the Census: Provided further, That 
$1,362,301,000 shall be for concentration grants under 
section 1124A of the ESEA: Provided further, That 
$3,288,183,000 shall be for targeted grants under section 
1125 
of 
the 
ESEA: 
Provided 
further, 
That 
$3,288,183,000 shall be for education finance incentive 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00760
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
761 
grants under section 1125A of the ESEA: Provided fur-
ther, That $3,200,000 shall be to carry out sections 1501 
and 1503 of the ESEA: Provided further, That 
$534,562,000 shall be available for school improvement 
grants under section 1003(g) of the ESEA, which shall 
be allocated by the Secretary through the formula de-
scribed in section 1003(g)(2) and shall be used consistent 
with the requirements of section 1003(g), except that 
State and local educational agencies may use such funds 
to serve any school eligible to receive assistance under part 
A of title I that has not made adequate yearly progress 
for at least 2 years or is in the State’s lowest quintile of 
performance based on proficiency rates and, in the case 
of secondary schools, priority shall be given to those 
schools with graduation rates below 60 percent: Provided 
further, That notwithstanding section 1003(g)(5)(A), each 
State educational agency may establish a maximum 
subgrant size of not more than $2,000,000 for each par-
ticipating school applicable to such funds: Provided fur-
ther, That the Secretary may reserve up to 5 percent of 
the funds available for section 1003(g) of the ESEA to 
carry out activities to build State and local educational 
agency capacity to implement effectively the school im-
provement grants program: Provided further, That 
$160,000,000 shall be available under section 1502 of the 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00761
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
762 
ESEA for a comprehensive literacy development and edu-
cation program to advance literacy skills, including pre- 
literacy skills, reading, and writing, for students from 
birth through grade 12, including limited-English-pro-
ficient students and students with disabilities, of which 
one-half of 1 percent shall be reserved for the Secretary 
of the Interior for such a program at schools funded by 
the Bureau of Indian Education, one-half of 1 percent 
shall be reserved for grants to the outlying areas for such 
a program, up to 5 percent may be reserved for national 
activities, and the remainder shall be used to award com-
petitive 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, report-
ing, and administration, and shall subgrant not less than 
95 percent to local educational agencies or, in the case 
of early literacy, to local educational agencies or other 
nonprofit providers of early childhood education that part-
ner with a public or private nonprofit organization or 
agency with a demonstrated record of effectiveness in im-
proving the early literacy development of children from 
birth through kindergarten entry and in providing profes-
sional development in early literacy, giving priority to such 
agencies or other entities serving greater numbers or per-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00762
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
763 
centages of disadvantaged children: Provided further, That 
the State educational agency shall ensure that at least 15 
percent of the subgranted funds are used to serve children 
from birth through age 5, 40 percent are used to serve 
students in kindergarten through grade 5, and 40 percent 
are used to serve students in middle and high school in-
cluding an equitable distribution of funds between middle 
and high schools: Provided further, That eligible entities 
receiving subgrants from State educational agencies shall 
use such funds for services and activities that have the 
characteristics of effective literacy instruction through 
professional development, screening and assessment, tar-
geted interventions for students reading below grade level 
and other research-based methods of improving classroom 
instruction and practice. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
ESEA, $1,293,631,000, of which $1,155,724,000 shall be 
for basic support payments under section 8003(b), 
$48,505,000 shall be for payments for children with dis-
abilities under section 8003(d), $17,474,000 shall be for 
construction under section 8007(b) and shall remain avail-
able through September 30, 2013, $67,074,000 shall be 
for Federal property payments under section 8002, and 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00763
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
764 
$4,854,000, to remain available until expended, shall be 
for facilities maintenance under section 8008: Provided, 
That for purposes of computing the amount of a payment 
for an eligible local educational agency under section 
8003(a) for school year 2011–2012, children enrolled in 
a school of such agency that would otherwise be eligible 
for payment under section 8003(a)(1)(B) of such Act, but 
due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children 
reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they at-
tended prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by parts A and B of title II, part B of title IV, 
parts A and B of title VI, and parts B and C of title VII 
of the ESEA; the McKinney-Vento Homeless Assistance 
Act; section 203 of the Educational Technical Assistance 
Act of 2002; the Compact of Free Association Amend-
ments Act of 2003; and the Civil Rights Act of 1964, 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00764
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
765 
$4,550,018,000, of which $2,725,246,000 shall become 
available on July 1, 2012, and remain available through 
September 30, 2013, and of which $1,681,441,000 shall 
become available on October 1, 2012, and shall remain 
available through September 30, 2013, for academic year 
2012–2013: Provided, That funds made available to carry 
out part B of title VII of the ESEA may be used for con-
struction, renovation, and modernization of any elemen-
tary school, secondary school, or structure related to an 
elementary school or secondary school, run by the Depart-
ment of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided 
further, That funds made available to carry out part C 
of title VII of the ESEA shall be awarded on a competitive 
basis, and also may be used for construction: Provided fur-
ther, That $51,210,000 shall be available to carry out sec-
tion 203 of the Educational Technical Assistance Act of 
2002: Provided further, That $17,652,000 shall be avail-
able to carry out the Supplemental Education Grants pro-
gram for the Federated States of Micronesia and the Re-
public of the Marshall Islands: Provided further, That up 
to 5 percent of these amounts may be reserved by the Fed-
erated States of Micronesia and the Republic of the Mar-
shall Islands to administer the Supplemental Education 
Grants programs and to obtain technical assistance, over-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00765
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
766 
sight and consultancy services in the administration of 
these grants and to reimburse the United States Depart-
ments of Labor, Health and Human Services, and Edu-
cation for such services: Provided further, That up to 1.5 
percent of the funds for subpart 1 of part A of title II 
of the ESEA shall be reserved by the Secretary for com-
petitive awards for teacher or principal training or profes-
sional enhancement activities to national not-for-profit or-
ganizations. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent 
not otherwise provided, title VII, part A of the ESEA, 
$131,027,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by part G of 
title I, subpart 5 of part A and parts C and D of title 
II, parts B, C, and D of title V of the ESEA, and sections 
14006 and 14007 of division A of the American Recovery 
and 
Reinvestment 
Act 
of 
2009, 
as 
amended, 
$1,530,429,000: Provided, That the Secretary may use up 
to $550,000,000, which shall remain available for obliga-
tion through December 31, 2012, for section 14006 of di-
vision A of Public Law 111–5, as amended, to make 
awards (including on the basis of previously submitted ap-
plications) to States or to local educational agencies, or 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00766
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
767 
both, in accordance with the applicable requirements of 
that section, as determined by the Secretary, and may use 
up to 5 percent of such funds for technical assistance and 
evaluation of the activities carried out under that section: 
Provided further, That up to $149,700,000 shall be avail-
able for obligation through December 31, 2012 for section 
14007 of division A of Public Law 111–5, and up to 5 
percent of such funds may be used for technical assistance 
and the evaluation of activities carried out under such sec-
tion: Provided further, That $300,000,000 of the funds for 
subpart 1 of part D of title V of the ESEA shall be for 
competitive grants to local educational agencies, including 
charter schools that are local educational agencies, or 
States, or partnerships of: (1) a local educational agency, 
a State, or both; and (2) at least one nonprofit organiza-
tion to develop and implement performance-based com-
pensation systems for teachers, principals, and other per-
sonnel in high-need schools: Provided further, That such 
performance-based compensation systems must consider 
gains in student academic achievement as well as class-
room evaluations conducted multiple times during each 
school year among other factors and provide educators 
with incentives to take on additional responsibilities and 
leadership roles: Provided further, That recipients of such 
grants shall demonstrate that such performance-based 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00767
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
768 
compensation systems are developed with the input of 
teachers and school leaders in the schools and local edu-
cational agencies to be served by the grant: Provided fur-
ther, That recipients of such grants may use such funds 
to develop or improve systems and tools (which may be 
developed and used for the entire local educational agency 
or only for schools served under the grant) that would en-
hance the quality and success of the compensation system, 
such as high-quality teacher evaluations and tools to meas-
ure growth in student achievement: Provided further, That 
applications for such grants shall include a plan to sustain 
financially the activities conducted and systems developed 
under the grant once the grant period has expired: Pro-
vided further, That up to 5 percent of such funds for com-
petitive grants shall be available for technical assistance, 
training, peer review of applications, program outreach, 
and evaluation activities: Provided further, That of the 
funds available for part B of title V of the ESEA, the 
Secretary shall use not less than $23,000,000 to carry out 
activities under section 5205(b) and under subpart 2: Pro-
vided further, That of the funds available for subpart 1 
of part B of title V of the ESEA, and notwithstanding 
section 5205(a), the Secretary may reserve up to 
$55,000,000 to make multiple awards to non-profit char-
ter management organizations and other entities that are 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00768
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
769 
not for-profit entities for the replication and expansion of 
successful charter school models and shall reserve up to 
$11,000,000 to carry out the activities described in section 
5205(a), including improving quality and oversight of 
charter schools and providing technical assistance and 
grants to authorized public chartering agencies in order 
to increase the number of high-performing charter schools: 
Provided further, That each application submitted pursu-
ant to section 5203(a) shall describe a plan to monitor 
and hold accountable authorized public chartering agen-
cies through such activities as providing technical assist-
ance or establishing a professional development program, 
which may include evaluation, planning, training, and sys-
tems development for staff of authorized public chartering 
agencies to improve the capacity of such agencies in the 
State to authorize, monitor, and hold accountable charter 
schools: Provided further, That each application submitted 
pursuant to section 5203(a) shall contain assurances that 
State law, regulations, or other policies require that: (1) 
each authorized charter school in the State operate under 
a legally binding charter or performance contract between 
itself and the school’s authorized public chartering agency 
that describes the obligations and responsibilities of the 
school and the public chartering agency; conduct annual, 
timely, and independent audits of the school’s financial 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00769
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
770 
statements that are filed with the school’s authorized pub-
lic chartering agency; and demonstrate improved student 
academic achievement; and (2) authorized public char-
tering agencies use increases in student academic achieve-
ment for all groups of students described in section 
1111(b)(2)(C)(v) of the ESEA as the most important fac-
tor when determining to renew or revoke a school’s char-
ter. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by part A of 
title IV and subparts 1, 2, and 10 of part D of title V 
of the ESEA, $256,237,000: Provided, That $65,000,000 
shall be available for subpart 2 of part A of title IV: Pro-
vided further, That $60,000,000 shall be available for 
Promise Neighborhoods and shall be available through De-
cember 31, 2012. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the ESEA, 
$733,530,000, which shall become available on July 1, 
2012, and shall remain available through September 30, 
2013, except that 6.5 percent of such amount shall be 
available on October 1, 2011, and shall remain available 
through September 30, 2013, to carry out activities under 
section 3111(c)(1)(C): Provided, That the Secretary shall 
use estimates of the American Community Survey child 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00770
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
771 
counts for the most recent 3-year period available to cal-
culate allocations under such part. 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (‘‘IDEA’’) and the Special Olympics Sport 
and Empowerment Act of 2004, $12,647,066,000, of 
which $3,115,716,000 shall become available on July 1, 
2012, and shall remain available through September 30, 
2013, and of which $9,283,383,000 shall become available 
on October 1, 2012, and shall remain available through 
September 30, 2013, for academic year 2012–2013: Pro-
vided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for 
that activity during fiscal year 2011, increased by the 
amount of inflation as specified in section 619(d)(2)(B) 
of the IDEA, or the percent change in the funds appro-
priated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2011: 
Provided further, That $2,000,000, to remain available for 
obligation through September 30, 2013, shall be for activi-
ties aimed at improving the outcomes of children receiving 
Supplemental Security Income (SSI) and their families, 
which may include competitive grants to States to improve 
the provision and coordination of services for SSI child 
recipients in order to achieve improved health status, in-
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00771
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
772 
cluding both physical and emotional health, and education 
and post-school outcomes, including completion of postsec-
ondary education and employment, and to improve serv-
ices and supports to the families or households of the SSI 
child recipient, such as education and job training for the 
parents: Provided further, That States may award sub-
grants for a portion of the funds to other public and pri-
vate, non-profit entities. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Assistive Tech-
nology Act of 1998, and the Helen Keller National Center 
Act, $3,512,019,000: Provided, That the Secretary may 
use amounts provided in this Act that remain available 
subsequent to the reallotment of funds to States pursuant 
to section 110(b) of the Rehabilitation Act for activities 
aimed at improving the outcomes of children receiving 
Supplemental Security Income (SSI) and their families, 
including competitive grants to States to improve the pro-
vision and coordination of services for SSI child recipients 
in order to achieve improved health status, education and 
post-school outcomes, including completion of postsec-
ondary education and employment, and to improve serv-
ices and supports to the family or households of the SSI 
child recipient, such as education and job training for the 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00772
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
773 
parents: Provided further, That States may award sub-
grants for a portion of the funds to other public and pri-
vate, non-profit entities: Provided further, That any funds 
made available subsequent to reallotment for activities 
aimed at improving the outcomes of children receiving SSI 
and their families shall remain available until September 
30, 2013: Provided further, That $2,000,000 shall be for 
competitive grants to support alternative financing pro-
grams that provide for the purchase of assistive technology 
devices, such as a low-interest loan fund; an interest buy- 
down program; a revolving loan fund; a loan guarantee; 
or insurance program: Provided further, That applicants 
shall provide an assurance that, and information describ-
ing the manner in which, the alternative financing pro-
gram will expand and emphasize consumer choice and con-
trol: Provided further, That State agencies and commu-
nity-based disability organizations that are directed by 
and operated for individuals with disabilities shall be eligi-
ble to compete. 
SPECIAL INSTITUTIONS FOR PERSONS WITH 
DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, 
$24,551,000. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00773
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
774 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf 
under titles I and II of the Education of the Deaf Act 
of 1986, $65,546,000: Provided, That from the total 
amount available, the Institute may at its discretion use 
funds for the endowment program as authorized under 
section 207 of such Act. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, 
the Model Secondary School for the Deaf, and the partial 
support of Gallaudet University under titles I and II of 
the Education of the Deaf Act of 1986, $125,754,000, of 
which $7,990,000 shall be for construction and shall re-
main available until expended: Provided, That from the 
total amount available, the University may at its discre-
tion use funds for the endowment program as authorized 
under section 207 of such Act. 
CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 and the Adult Education and Family 
Literacy Act (referred to in this Act as the ‘‘AEFLA’’), 
$1,738,946,000, of which $947,946,000 shall become 
available on July 1, 2012, and shall remain available 
through September 30, 2013, and of which $791,000,000 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00774
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
775 
shall become available on October 1, 2012, and shall re-
main available through September 30, 2013: Provided, 
That of the amount provided for Adult Education State 
Grants, $74,850,000 shall be made available for inte-
grated English literacy and civics education services to im-
migrants and other limited-English-proficient populations: 
Provided further, That of the amount reserved for inte-
grated English literacy and civics education, notwith-
standing section 211 of the AEFLA, 65 percent shall be 
allocated to States based on a State’s absolute need as 
determined by calculating each State’s share of a 10-year 
average of the United States Citizenship and Immigration 
Services data for immigrants admitted for legal permanent 
residence for the 10 most recent years, and 35 percent 
allocated to States that experienced growth as measured 
by the average of the 3 most recent years for which United 
States Citizenship and Immigration Services data for im-
migrants admitted for legal permanent residence are avail-
able, except that no State shall be allocated an amount 
less than $60,000: Provided further, That of the amounts 
made available for AEFLA, $11,323,000 shall be for na-
tional leadership activities under section 243. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00775
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
776 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1 and 3 of part A, and 
part C of title IV of the HEA, $24,538,521,000, which 
shall remain available through September 30, 2013. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2012–2013 shall be $4,860. 
STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part 
D of title I, and subparts 1, 3, 4, 9, and 10 of part A, 
and parts B, C, D, and E of title IV of the HEA, 
$1,045,363,000, to remain available until September 30, 
2013. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 
the Mutual Educational and Cultural Exchange Act of 
1961, and section 117 of the Carl D. Perkins Career and 
Technical Education Act of 2006, $1,873,196,000: Pro-
vided, That $608,000 shall be for data collection and eval-
uation activities for programs under the HEA, including 
such activities needed to comply with the Government Per-
formance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made 
available in this Act to carry out title VI of the HEA and 
section 102(b)(6) of the Mutual Educational and Cultural 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00776
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
777 
Exchange Act of 1961 may be used to support visits and 
study in foreign countries by individuals who are partici-
pating in advanced foreign language training and inter-
national studies in areas that are vital to United States 
national security and who plan to apply their language 
skills and knowledge of these countries in the fields of gov-
ernment, the professions, or international development: 
Provided further, That of the funds referred to in the pre-
ceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemina-
tion activities: Provided further, That notwithstanding any 
other provision of law, a recipient of a multi-year award 
under section 316 of the HEA, as that section was in ef-
fect prior to the date of enactment of the Higher Edu-
cation Opportunity Act (referred to in this Act as 
‘‘HEOA’’), that would have otherwise received a continu-
ation award for fiscal year 2012 under that section, shall 
receive under section 316, as amended by the HEOA, not 
less than the amount that such recipient would have re-
ceived under such a continuation award: Provided further, 
That the portion of the funds received under section 316 
by a recipient described in the preceding proviso that is 
equal to the amount of such continuation award shall be 
used in accordance with the terms of such continuation 
award. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00777
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
778 
HOWARD UNIVERSITY 
For 
partial 
support 
of 
Howard 
University, 
$234,507,000, of which not less than $3,600,000 shall be 
for a matching endowment grant pursuant to the Howard 
University Endowment Act and shall remain available 
until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS 
PROGRAM 
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section 
121 of the HEA, $460,000. 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY 
CAPITAL FINANCING PROGRAM ACCOUNT 
For the cost of guaranteed loans, $20,188,000, as au-
thorized pursuant to part D of title III of the HEA: Pro-
vided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974: Provided further, That 
these funds are available to subsidize total loan principal, 
any part of which is to be guaranteed, not to exceed 
$367,255,000: Provided further, That these funds may be 
used to support loans to public and private Historically 
Black Colleges and Universities without regard to the limi-
tations within section 344(a) of the HEA. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00778
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
779 
In addition, for administrative expenses to carry out 
the Historically Black College and University Capital Fi-
nancing Program entered into pursuant to part D of title 
III of the HEA, $353,000. 
INSTITUTE OF EDUCATION SCIENCES 
For carrying out activities authorized by the Edu-
cation Sciences Reform Act of 2002, the National Assess-
ment of Educational Progress Authorization Act, section 
208 of the Educational Technical Assistance Act of 2002, 
and section 664 of the Individuals with Disabilities Edu-
cation Act, $594,788,000, which shall remain available 
through September 30, 2013: Provided, That funds avail-
able to carry out section 208 of the Educational Technical 
Assistance Act may be used to link Statewide elementary 
and secondary data systems with early childhood, postsec-
ondary, and workforce data systems, or to further develop 
such systems: Provided further, That up to $11,000,000 
of the funds available to carry out section 208 of the Edu-
cational Technical Assistance Act may be used for awards 
to public or private organizations or agencies to support 
activities to improve data coordination, quality, and use 
at the local, State, and national levels. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00779
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
780 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of three passenger motor vehicles, 
$447,104,000. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, as authorized by section 203 of the Department 
of Education Organization Act, $102,818,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department 
of Education Organization Act, $59,933,000. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be 
used for the transportation of students or teachers (or for 
the purchase of equipment for such transportation) in 
order to overcome racial imbalance in any school or school 
system, or for the transportation of students or teachers 
(or for the purchase of equipment for such transportation) 
in order to carry out a plan of racial desegregation of any 
school or school system. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00780
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
781 
SEC. 302. None of the funds contained in this Act 
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school 
which is nearest the student’s home, except for a student 
requiring special education, to the school offering such 
special education, in order to comply with title VI of the 
Civil Rights Act of 1964. For the purpose of this section 
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan 
involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, 
or any combination of grade restructuring, pairing, or 
clustering. The prohibition described in this section does 
not include the establishment of magnet schools. 
SEC. 303. No funds appropriated in this Act may be 
used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 304. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the Department of Education in this Act may 
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any 
such transfer: Provided, That the transfer authority 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00781
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
782 
granted by this section shall not be used to create any 
new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate are notified at least 15 days 
in advance of any transfer. 
SEC. 305. The Outlying Areas may consolidate funds 
received under this Act, pursuant to 48 U.S.C. 1469a, 
under part A of title V of the ESEA. 
SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 
of Free Association Amendments Act of 2003 (48 U.S.C. 
1921d(f)(1)(B)(ix)) shall be applied by substituting 
‘‘2012’’ for ‘‘2009’’. 
SEC. 307. (a) Notwithstanding any other provision 
of law, the Secretary is authorized to modify the terms 
and conditions of gulf hurricane disaster loans to affected 
institutions pursuant to section 2601 of Public Law 109– 
234 using the authority provided herein, on such terms 
as the Secretary, the Secretary of the Treasury, and the 
Director of the Office of Management and Budget jointly 
determine are in the best interests of both the United 
States and the borrowers, and necessary to mitigate the 
economic effects of Hurricanes Katrina and Rita. Any 
modification under this section shall not result in any net 
cost to the Federal Government, as jointly determined by 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00782
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
783 
the Secretary, the Secretary of the Treasury, and the Di-
rector of the Office of Management and Budget, beginning 
on the date on which the Secretary modifies a loan under 
this section. 
(b) FEDERAL REGISTER NOTICE.—The Secretary, 
the Secretary of the Treasury, and the Director of the Of-
fice of Management and Budget, shall jointly publish a 
notice in the Federal Register prior to any modification 
of loans under paragraph (a) that— 
(1) establishes the terms and conditions gov-
erning the modifications authorized by paragraph 
(a); 
(2) includes an outline of the methodology and 
factors that the Secretary, the Secretary of the 
Treasury, and the Director of the Office of Manage-
ment and Budget, will jointly consider in evaluating 
the modification of the loans made under this title; 
and 
(3) describes how the use of such methodology 
and consideration of such factors used to determine 
the modifications will ensure that loan modifications 
do not result in any net cost to the Federal Govern-
ment. 
(c) FEES.—An affected institution that receives a 
modification to its disaster loan pursuant to section 2601 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00783
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
784 
of Public Law 109–234 shall pay a fee to the Secretary 
which shall be credited to the HBCU Hurricane Supple-
mental Loan Program. Such fees shall remain available 
without fiscal year limitation to pay the modification costs. 
The amount of the fee paid shall be equal to the modifica-
tion cost as jointly determined by the Secretary, the Sec-
retary of the Treasury, and the Director of the Office of 
Management and Budget, calculated in accordance with 
section 502 of the Federal Credit Reform Act of 1990, 
as amended, of such loan. 
SEC. 308. Section 14006(c)(2) of division A of the 
American Recovery and Reinvestment Act of 2009 (as 
amended by section 1832(b) of division B of Public Law 
112–10) is amended by inserting before the period, ‘‘ex-
cept that such a State may use its grant funds to make 
subgrants to public or private agencies and organizations 
for activities consistent with the purposes of the grant’’. 
SEC. 309. (a) FEDERAL
PELL
GRANT
ELIGI-
BILITY.— 
(1) MINIMUM LEVEL.—Section 401(b)(4) of the 
HEA (20 U.S.C. 1070a(b)(4)) is amended by strik-
ing ‘‘, except that’’ and all that follows and inserting 
a period. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00784
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
785 
(2) DURATION
OF
AWARD
PERIOD.—Section 
401(c)(5) of the HEA (20 U.S.C. 1070a(c)(5)) is 
amended— 
(A) by striking ‘‘18’’ each place it appears 
and inserting ‘‘12’’; and 
(B) by striking the last sentence. 
(b) ZERO EXPECTED FAMILY CONTRIBUTION.—Sec-
tion 479(c) of the HEA (20 U.S.C. 1087ss(c)) is amend-
ed— 
(1) in paragraph (1)(B), by striking ‘‘$30,000’’ 
and inserting ‘‘$23,000’’; and 
(2) in paragraph (2)(B), by striking ‘‘$30,000’’ 
and inserting ‘‘$23,000’’. 
(c) STUDENTS WHO ARE NOT HIGH SCHOOL GRAD-
UATES.— 
(1) AMENDMENT.—Section 484(d) of the HEA 
(20 U.S.C. 1091(d)) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘meet one of the following stand-
ards:’’; 
(B) by striking paragraphs (1), (2), and 
(4); and 
(C) in paragraph (3), by striking ‘‘(3) The 
student has’’ and inserting ‘‘have’’; and 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00785
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
786 
(2) TRANSITION.—The amendment made by 
paragraph (1) shall apply to students who first en-
roll in a program of study on or after July 1, 2012. 
(3) CONFORMING CHANGE.—Section 101(a)(1) 
of the HEA (20 U.S.C. 1001(a)(1) is amended by 
striking ‘‘section 484(d)(3)’’ and inserting ‘‘section 
484(d)’’. 
(d) TEMPORARY ELIMINATION OF INTEREST SUB-
SIDY DURING STUDENT LOAN GRACE PERIOD.— 
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20 
U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read as 
follows: 
‘‘(I) which accrues prior to the 
date the student ceases to carry at 
least one-half the normal full-time 
academic workload (as determined by 
the institution), or’’. 
(2) The amendment made by paragraph (1) 
shall apply to new Federal Direct Stafford Loans 
made on or after July 1, 2012 and before July 1, 
2014. 
(e) REVISED SPECIAL ALLOWANCE CALCULATION.— 
(1) REVISED
CALCULATION
RULE.—Section 
438(b)(2)(I) of the HEA (20 U.S.C. 1087– 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00786
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
787 
1(b)(2)(I)) is amended by adding at the end the fol-
lowing: 
‘‘(vii) REVISED
CALCULATION
RULE 
TO REFLECT FINANCIAL MARKET CONDI-
TIONS.— 
‘‘(I) CALCULATION
BASED
ON 
LIBOR.—For the calendar quarter be-
ginning on April 1, 2012 and each 
subsequent calendar quarter, in com-
puting the special allowance paid pur-
suant to this subsection with respect 
to loans described in subclause (II), 
clause (i)(I) of this subparagraph 
shall be applied by substituting ‘of the 
1-month London Inter Bank Offered 
Rate (LIBOR) for United States dol-
lars in effect for each of the days in 
such quarter as compiled and released 
by the British Bankers Association’ 
for ‘of the quotes of the 3-month com-
mercial paper (financial) rates in ef-
fect for each of the days in such quar-
ter as reported by the Federal Reserve 
in Publication H–15 (or its successor) 
for such 3-month period’. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00787
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
788 
‘‘(II) 
LOANS
ELIGIBLE
FOR 
LIBOR-BASED
CALCULATION.—The 
special allowance paid pursuant to 
this subsection shall be calculated as 
described in subclause (I) with respect 
to special allowance payments for the 
3-month period ending June 30, 
2012, and each succeeding 3-month 
period, on loans for which the first 
disbursement is made on or after Jan-
uary 1, 2000, and before July 1, 
2010, if, not later than April 1, 2012, 
the holder of the loan (or, if the hold-
er acts as eligible lender trustee for 
the beneficial owner of the loan, the 
beneficial owner of the loan), affirma-
tively and permanently waives all con-
tractual, statutory, or other legal 
rights to a special allowance paid pur-
suant to this subsection that is cal-
culated using the formula in effect at 
the time the loans were first dis-
bursed. 
‘‘(III) TERMS OF WAIVER.— 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00788
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
789 
‘‘(aa) 
IN
GENERAL.—A 
waiver pursuant to subclause (II) 
shall be in a form (printed or 
electronic) prescribed by the Sec-
retary, and shall be applicable 
to— 
‘‘(AA) all loans de-
scribed in such subclause 
that the lender holds solely 
in its own right under any 
lender identification number 
associated with the holder 
(pursuant to section 487B); 
‘‘(BB) all loans de-
scribed in such subclause for 
which the beneficial owner 
has the authority to make 
an election of a waiver under 
such subclause, regardless of 
the 
lender 
identification 
number associated with the 
loan or the lender that holds 
the loan as eligible lender 
trustee on behalf of such 
beneficial owner; and 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00789
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
790 
‘‘(CC) all future cal-
culations of the special al-
lowance on loans that, on 
the date of such waiver, are 
loans described in subitem 
(AA) or (BB), or that, after 
such date, become loans de-
scribed in subitem (AA) or 
(BB). 
‘‘(bb) 
EXCEPTIONS.—Any 
waiver pursuant to subclause (II) 
that is elected for loans described 
in subitem (AA) or (BB) of item 
(aa) shall not apply to any loan 
described in such subitem for 
which the lender or beneficial 
owner of the loan demonstrates 
to the satisfaction of the Sec-
retary that— 
‘‘(AA) 
in 
accordance 
with an agreement entered 
into before the date of en-
actment of this section by 
which such lender or owner 
is governed and that applies 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00790
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
791 
to such loans, such lender or 
owner is not legally per-
mitted to make an election 
of such waiver with respect 
to such loans without the 
approval of one or more 
third parties with an inter-
est in the loans, and that 
the lender or owner followed 
all available options under 
such agreement to obtain 
such approval, and was un-
able to do so; or 
‘‘(BB) such lender or 
beneficial owner presented 
the proposal of electing such 
a waiver applicable to such 
loans associated with an ob-
ligation rated by a nationally 
recognized statistical rating 
organization (as defined in 
section 3(a)(62) of the Secu-
rities 
Exchange 
Act 
of 
1934), and such rating orga-
nization provided a written 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00791
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
792 
opinion 
that 
the 
agency 
would downgrade the rating 
applicable to such obligation 
if the lender or owner elect-
ed such a waiver.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
438(b)(2)(I) of the HEA (20 U.S.C. 1087– 
1(b)(2)(I)) is further amended— 
(A) in clause (i)(II), by striking ‘‘such av-
erage bond equivalent rate’’ and inserting ‘‘the 
rate determined under subclause (I) (in accord-
ance with clause (vii))’’; and 
(B) in clause (v)(III), by striking ‘‘(iv), 
and (vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 
(f) REAPPROPRIATION OF MANDATORY SAVINGS.— 
Section 401(b)(7)(A)(iv) of the HEA (20 U.S.C. 
1070a(b)(7)(A)(iv)) is amended to read as follows: 
‘‘(iv) to carry out this section— 
‘‘(I) $13,500,000,000 for fiscal 
year 2011; 
‘‘(II) $13,795,000,000 for fiscal 
year 2012; 
‘‘(III) $7,587,000,000 for fiscal 
year 2013; 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00792
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS
793 
‘‘(IV) $588,000,000 for fiscal 
year 2014; 
‘‘(V) $0 for fiscal year 2015; 
‘‘(VI) $0 for fiscal year 2016; 
‘‘(VII) $1,574,000,000 for fiscal 
year 2017; 
‘‘(VIII) $1,382,000,000 for fiscal 
year 2018; 
‘‘(IX) $1,409,000,000 for fiscal 
year 2019; 
‘‘(X) $1,430,000,000 for fiscal 
year 2020; and 
‘‘(XI) $1,145,000,000 for fiscal 
year 2021 and each succeeding fiscal 
year.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
subsections (a), (b), and (c) shall take effect on July 1, 
2012. 
(h) INAPPLICABILITY OF NEGOTIATED RULEMAKING 
AND MASTER CALENDAR EXCEPTION.—Sections 482(c) 
and 492 of the HEA (20 U.S.C. 1089(c), 1098a) shall 
not apply to the amendments made by this section, or to 
any regulations promulgated under those amendments. 
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 2012’’. 
VerDate Mar 15 2010 
22:34 Dec 18, 2011
Jkt 019200
PO 00000
Frm 00793
Fmt 6652
Sfmt 6201
E:\BILLS\H3671.IH
H3671
mstockstill on DSK4VPTVN1PROD with BILLS