Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2011

Bill: 111-s-3686
Sponsor: Sen. Harkin, Tom [D-IA]
Introduced: 2010-08-02 in the Senate
Policy area: Economics and Public Finance
Subjects: Administrative remedies
Adoption and foster care
Adult education and literacy
Aging
Alternative treatments
Appropriations
Cancer
Cardiovascular and respiratory health
Centers for Disease Control and Prevention (CDC)
Child care and development
Child health
Coal
Committee for Purchase from People Who Are Blind or Severely Disabled
Corporation for National and Community Service
Corporation for Public Broadcasting
Dental care
Department of Education
Department of Health and Human Services
Department of Labor
Digestive and metabolic diseases
Disability and paralysis
District of Columbia
Drug, alcohol, tobacco use
Education of the disadvantaged
Education programs funding
Elementary and secondary education
Employee benefits and pensions
Employment and training programs
Energy assistance for the poor and aged
Environmental health
Executive agency funding and structure
Federal Mediation and Conciliation Service
Federal Mine Safety and Health Review Commission
Fraud offenses and financial crimes
Genetics
Government corporations and government-sponsored enterprises
Government liability
Government trust funds
Health information and medical records
Health programs administration and funding
Health promotion and preventive care
Hearing, speech, and vision care
Higher education
Humanities programs funding
Indian social and development programs
Infectious and parasitic diseases
Libraries and archives
Medicaid
Medical research
Medicare
Medicare Payment Advisory Commission
Mental health
Mining
Minority education
Minority health
Musculoskeletal and skin diseases
Museums, exhibitions, cultural centers
National Council on Disability
National Institutes of Health (NIH)
National Labor Relations Board (NLRB)
National Mediation Board
National and community service
Neurological disorders
Nursing
Occupational Safety and Health Review Commission
Pension Benefit Guaranty Corporation
Poverty and welfare assistance
Preschool education
Railroad Retirement Board
Research administration and funding
Separation, divorce, custody, support
Social Security Administration
Social security and elderly assistance
Special education
Student aid and college costs
Unemployment
Veterans' education, employment, rehabilitation
Wages and earnings
Worker safety and health

Summary:
action_date: 2010-08-02
text: 
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2011 - Department of Labor Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Labor (DOL).
 
Department of Health and Human Services Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Health and Human Services (HHS).
 
Department of Education Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department Education.
 
Makes appropriations for FY2011 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and operating expenses, administrative expenses and salaries, and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Council on Disability; (9) the National Health Care Workforce Commission; (10) the National Labor Relations Board (NLRB); (11) the National Mediation Board; (12) the Occupational Safety and Health Review Commission; (13) the Railroad Retirement Board for the dual benefits payments account, federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; and (14) the Social Security Administration (SSA) for payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General.
 
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

action_date: 2010-08-02
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2011 - Makes appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for FY2011. 
 

Title I: Department of Labor
 - Department of Labor Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Labor for: (1) the Employment and Training Administration, including training and employment services; (2) the Office of the Job Corps; (3) community service employment for older Americans; (4) federal unemployment benefits and allowances; (5) state unemployment insurance and employment service operations; (6) the State Paid Leave Fund; (7) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (8) employment and training program administration; (9) the Employee Benefits Security Administration; (10) the Pension Benefit Guaranty Corporation; (11) the Wage and Hour Division; (12) the Office of Labor Management Standards; (13) the Office of Federal Contract Compliance Programs; (14) the Office of Workers' Compensation Programs; (15) certain special benefits, including ones for disabled coal miners; (16) the Black Lung Disability Trust Fund; (17) the Occupational Safety and Health Administration; (18) the Mine Safety and Health Administration; (19) the Bureau of Labor Statistics; (20) the Office of Disability Employment Policy; (21) departmental management; (22) veterans employment and training; and (23) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. 
 
(Sec. 101) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
 
(Sec. 102) Prohibits funds under this Act from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
 
(Sec. 103) Prohibits the availability of funds to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) for any purpose except the training of foreign workers in the occupations and industries for which they were hired under the H-1B visa program, and necessary related activities.
 
(Sec. 104) Requires certain ACWIA grants for demonstration programs and projects to provide technical skills training for workers to be awarded competitively.
 
(Sec. 105) Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
 
 Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level I.
 
(Sec. 106) Prohibits the Secretary of Labor from taking any action, with certain exceptions, to amend a specified definition for functions and activities or to modify a certain procedure for redesignation of local areas under the Workforce Investment Act of 1998 until legislation reauthorizing the Act has been enacted.
 
(Sec. 107) Allows transfer to Program Administration of funds available to the Employment and Training Administration for technical assistance services to grantees, if those services will be more efficiently performed by federal staff.
 
(Sec. 108) Makes additional appropriations for the Departmental Management, Working Capital Fund, subject to discretionary transfer to any other Department of Labor account, to increase the Department's acquisition workforce capacity and capabilities.
 
(Sec. 109) Establishes within the Working Capital Fund an Investment in Reinvention Fund (IRF), which shall be available to invest in projects designed to produce measurable improvements in agency efficiency and significant taxpayer savings.
 

Title II: Department of Health and Human Services
 - Department of Health and Human Services Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention (CDC); (3) the National Institutes of Health (NIH); (4) the Substance Abuse and Mental Health Services Administration; (5) the Agency for Healthcare Research and Quality; (6) the Centers for Medicare and Medicaid Services; (7) the Administration for Children and Families; (8) the Administration on Aging; and (9) the Office of the Secretary.
 
(Sec. 206) Allows not more than 1% of discretionary funds for the current fiscal year for HHS in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
 
(Sec. 209) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.
 
(Sec. 210) Prohibits any provider of voluntary planning services under the Public Health Service Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
 
(Sec. 211) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
 
(Sec. 212) Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2011.
 
(Sec. 218) Exempts any funds appropriated in this or any other any subsequent Act from the requirement of the Public Health Service Act that the Secretary designate an appropriate allocation to carry out certain activities through the Minority Health Offices of specified agencies.
 
(Sec. 219) Prohibits the availability of funds appropriated for FY2011, or in any previous or subsequent appropriations Act, for transfer from the Public Health and Social Services Emergency Fund to carry out the United States Public Health Sciences Track under the Public Health Service Act.
 
(Sec. 220) Makes additional appropriations for the General Departmental Management account to increase the HHS acquisition workforce capacity and capabilities.
 
(Sec. 221) Requires the transfer of appropriations for the Prevention and Public Health Fund to specified accounts, including amounts specified for public health and prevention outreach, coordination, strategic planning, and media activities.
 
Requires funds transferred for the Epidemiology and Laboratory Capacity Grant Program to be available without reference to the authorization of appropriations for that Program.
 

Title III: Department of Education 
- Department of Education Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (11) career, technical, and adult education; (12) certain student financial assistance programs (including rescissions of funds), as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; and (18) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General.
 
Sets the maximum individual Pell Grant amount at $4,860 during award year 2011-2012.
 
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
 
(Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
 
(Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, except, for a student requiring special education, to the school offering that special education, in order to comply with title VI of the Civil Rights Act of 1964. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, the clustering of schools, or any combination of grade restructuring, pairing, or clustering. Exempts the establishment of magnet schools from such prohibition.
 
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
 
(Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer.
 
(Sec. 305) Authorizes the Outlying Areas to consolidate funds received under this Act under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.
 
(Sec. 306) Makes additional appropriations to increase the Department's acquisition workforce capacity and capabilities.
 
(Sec. 307) Transfers the Health Education Assistance Loan (HEAL) program from the Secretary of HHS to the Secretary of Education.
 
(Sec. 308) Directs the Secretary of Education to establish an Early Learning Challenge Fund to award competitive grants to states that propose to: (1) provide an integrated system of high-quality early learning programs and services; and (2) develop, implement, or advance a statewide quality rating and improvement system for early learning programs. Authorizes appropriations for FY2011.
 
(Sec. 309) Amends the Department of Education Organization Act to rename: (1) the Office of Vocational and Adult Education the Office of Career, Technical, and Adult Education; and (2) the Assistant Secretary for Vocational and Adult Education the Assistant Secretary for Career, Technical, and Adult Education.
 

Title IV: Related Agencies 
- Makes appropriations for FY2011 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission (MEDPAC); (8) the National Council on Disability; (9) the National Health Care Workforce Commission; (10) the National Labor Relations Board (NLRB); (11) the National Mediation Board; (12) the Occupational Safety and Health Review Commission; (13) the Railroad Retirement Board; and (14) the Social Security Administration.
 
(Sec. 401) Requires the Corporation for National and Community Service to make any significant changes to program requirements, service delivery, or policy only through public notice and comment rulemaking.
 
Prohibits, for FY2011 and during any grant selection process, an officer or employee of the Corporation from knowingly disclosing any covered grant selection information regarding such selection, directly or indirectly, to any person other than an authorized officer or employee of the Corporation.
 
(Sec. 402) Requires that donations made to the Corporation be used to supplement and not supplant current programs and operations.
 
(Sec. 403) Limits to U.S. Armed Forces veterans eligible for veterans education benefits any National Service Trust educational award under the National and Community Service Act of 1990 to pay expenses for an educational institution or training establishment approved for veterans education benefits.
 

Title V: General Provisions
 - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
 
(Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
 
(Sec. 505) Bars use of funds to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
 
(Sec. 507) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion; or (2) health benefits coverage that includes coverage of abortion.
 
(Sec. 508) Declares that this prohibition does not apply: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
 
Declares that nothing in Sec. 507 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds).
 
Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual healthcare entity to discrimination on the basis that the healthcare entity does not provide, pay for, provide coverage of, or refer for abortions.
 
(Sec. 509) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act.
 
(Sec. 510) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications.
 
Makes such limitation inapplicable when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
 
(Sec. 511) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a healthcare provider), until legislation is enacted specifically approving the standard.
 
(Sec. 512) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) it has not submitted the required report for the most recent applicable year.
 
(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
 
(Sec. 514) Prohibits the availability of funds under the Library Services and Technology Act, as amended by the Children's Internet Protection Act, to certain libraries unless they have made specified required certifications.
 
(Sec. 515) Prohibits the availability of certain funds under the Elementary and Secondary Education Act of 1965, as amended by the Children's Internet Protection Act and the No Child Left Behind Act, to certain elementary or secondary schools unless the responsible local educational agency (LEA) has made specified required certifications.
 
(Sec. 517) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved; or (2) disseminate scientific information that is deliberately false or misleading.
 
(Sec. 518) Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, grants, and cooperative agreements exceeding $500,000 in value and awarded by the respective Department on a noncompetitive basis during each quarter of FY2011.
 
(Sec. 519) Prohibits the use of funds under this Act for first-class travel by the employees of agencies funded by this Act in contravention of federal regulations concerning airline coach-class Seating Upgrade Programs.
 
(Sec. 520) Prohibits the use of funds under this Act to enter into a contract greater than $5 million, or to award a grant in excess of that amount, unless the prospective contractor or grantee certifies to the awarding agency that, to the best of its knowledge and belief, it: (1) has filed all federal tax returns required during the three years preceding the certification; (2) has not been convicted of a criminal offense under the Internal Revenue Code; and (3) has not, more than 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, except in certain circumstances.
 
(Sec. 521) Makes additional appropriations to the Social Security Administration to increase its acquisition workforce capacity and capabilities.


Legislative actions:
action_date: 2010-08-02
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 504.
action_date: 2010-08-02
text: Committee on Appropriations. Original measure reported to Senate by Senator Harkin. With written report No. 111-243.
action_date: 2010-08-02
text: Committee on Appropriations. Original measure reported to Senate by Senator Harkin. With written report No. 111-243.
action_date: 2010-08-02
text: Introduced in Senate