[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3686 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 504
111th CONGRESS
  2d Session
                                S. 3686

                          [Report No. 111-243]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2011, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2010

    Mr. Harkin, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2011, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2011, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Second Chance Act of 2007, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
WIA; $3,877,478,000, plus reimbursements, shall be available. Of the 
amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, dislocated worker employment and 
        training activities, and for workforce innovation activities, 
        $3,133,031,000 as follows:
                    (A) $896,884,000 for adult employment and training 
                activities, of which not more than $35,000,000, shall 
                be available for workforce innovation activities to 
                carry out projects authorized under section 171(b) of 
                the WIA that demonstrate innovative strategies or 
                replicate effective evidence-based strategies that 
                align and strengthen the workforce investment system in 
                order to improve program delivery and education and 
                employment outcomes for program beneficiaries, and of 
                which $184,884,000 shall be available for the period 
                July 1, 2011, through June 30, 2012, and of which 
                $712,000,000 shall be available for the period October 
                1, 2011 through June 30, 2012;
                    (B) $995,000,000 for youth activities, which shall 
                be available for the period April 1, 2011 through June 
                30, 2012; and of which not more than $95,000,000 shall 
                be for workforce innovation activities to carry out 
                projects authorized under section 171(b) of the WIA 
                that demonstrate innovative strategies or replicate 
                effective evidence-based strategies that align and 
                strengthen the workforce investment system in order to 
                improve program delivery and education and employment 
                outcomes for youth: Provided, That for purposes of 
                section 127(b) of the WIA, funds available for youth 
                activities shall be used and allotted as if the total 
                amount available for youth activities in the fiscal 
                year does not exceed $1,000,000,000: Provided further, 
                That notwithstanding section 128(a)(1) of the WIA the 
                amount available to the Governor for statewide 
                activities shall not exceed 10 percent of the amount 
                allotted to the State from the appropriation under this 
                subparagraph: Provided further, That of the funds 
                reserved in this subparagraph for workforce innovation 
                activities not less than 30 percent shall be for 
                projects providing summer employment activities for 
                youth; and
                    (C) $1,241,147,000 for dislocated worker employment 
                and training activities, of which not more than 
                $55,000,000 shall be for workforce innovation 
                activities to carry out projects authorized under 
                section 171(b) of the WIA that demonstrate innovative 
                strategies or replicate effective evidence-based 
                strategies that align and strengthen the workforce 
                investment system in order to improve program delivery 
                and education and employment outcomes for program 
                beneficiaries, and of which $381,147,000 shall be 
                available for the period July 1, 2011 through June 30, 
                2012, and of which $860,000,000 shall be available for 
                the period October 1, 2011 through June 30, 2012:
        Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of funds 
        allocated to a local area from appropriations under 
        subparagraphs (A) and (C) may be transferred by a local board 
        if approved by the Governor: Provided further, That a local 
        board may award a contract to an institution of higher 
        education or other eligible training provider if the local 
        board determines that it would facilitate the training of 
        multiple individuals in high-demand occupations, if such 
        contract does not limit customer choice: Provided further, That 
        projects carried out with funds available for workforce 
        innovation activities shall not be subject to the requirements 
        of section 171(b)(2)(B) of the WIA and shall be administered by 
        the Secretary of Labor in cooperation with the Secretary of 
        Education and, as appropriate, other heads of departments and 
        agencies: Provided further, That of the funds available for 
        workforce innovation activities, not more than 5 percent shall 
        be for technical assistance and evaluations related to the 
        projects carried out with these funds;
            (2) for federally administered programs, $482,538,000 as 
        follows:
                    (A) $229,160,000 for the dislocated workers 
                assistance national reserve, of which $29,160,000 shall 
                be available for the period July 1, 2011 through June 
                30, 2012, and of which $200,000,000 shall be available 
                for the period October 1, 2011 through June 30, 2012: 
                Provided, That funds provided to carry out section 
                132(a)(2)(A) of the WIA may be used to provide 
                assistance to a State for State-wide or local use in 
                order to address cases where there have been worker 
                dislocations across multiple sectors or across multiple 
                local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers: Provided further, That 
                funds provided to carry out section 171(d) of the WIA 
                may be used for demonstration projects that provide 
                assistance to new entrants in the workforce and 
                incumbent workers: Provided further, That none of the 
                funds shall be obligated to carry out section 173(e) of 
                the WIA;
                    (B) $55,000,000 for Native American programs, which 
                shall be available for the period July 1, 2011 through 
                June 30, 2012;
                    (C) $87,378,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $80,868,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $6,000,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $510,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2011 through June 30, 2012: 
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;
                    (D) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, 
                which shall be available for the period July 1, 2011 
                through June 30, 2012; and
                    (E) $110,000,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2011 through June 30, 
                2012;
            (3) for national activities, $261,909,000 as follows:
                    (A) $73,559,000 for Pilots, Demonstrations, and 
                Research, which shall be available for the period April 
                1, 2011 through June 30, 2012, of which $40,000,000 
                shall be for Transitional Jobs activities, and shall 
                not be subject to the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that up to 
                10 percent of the amount available for Transitional 
                Jobs activities may be used for evaluation of such 
                projects or transferred to the Department of Health and 
                Human Services and/or the Department of Justice for 
                support of Transitional Jobs activities; and of which 
                $27,003,000 shall be used for the projects, and in the 
                amounts, specified under the heading ``Training and 
                Employment Services'' in the committee report of the 
                Senate accompanying this Act: Provided, That funding 
                provided to carry out such projects shall not be 
                subject to the requirements of sections 171(b)(2)(B) 
                and 171(c)(4)(D) of the WIA, the joint funding 
                requirements of sections 171(b)(2)(A) and 171(c)(4)(A) 
                of the WIA, or any time limit requirements of sections 
                171(b)(2)(C) and 171(c)(4)(B) of the WIA;
                    (B) $65,000,000 for activities that prepare workers 
                for careers in energy efficiency and renewable energy 
                as described in section 171(e)(1)(B) of the WIA, under 
                the authority of section 171 of the WIA, which shall be 
                available for the period July 1, 2011 through June 30, 
                2012, and which shall not be subject to the 
                requirements of section 171(b)(2)(B) or 171(c)(4)(D);
                    (C) $98,000,000 for ex-offender activities, under 
                the authority of section 171 of the WIA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2011 through June 30, 
                2012, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA;
                    (D) $11,600,000 for Evaluation, which shall be 
                available for the period July 1, 2011 through June 30, 
                2012; and
                    (E) $13,750,000 for the Workforce Data Quality 
                Initiative, under the authority of section 171(c)(2) of 
                the WIA, which shall be available for the period July 
                1, 2011 through June 30, 2012, and which shall not be 
                subject to the requirements of section 171(c)(4)(D).

                          office of job corps

                     (including transfer of funds)

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,712,205,000, plus reimbursements, as follows:
            (1) $1,577,095,000 for Job Corps Operations, of which 
        $986,095,000 shall be available for obligation for the period 
        July 1, 2011 through June 30, 2012 and of which $591,000,000 
        shall be available for obligation for the period October 1, 
        2011 through June 30, 2012;
            (2) $105,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, of which $5,000,000 shall be 
        available for the period July 1, 2011 through June 30, 2014 and 
        $100,000,000 shall be available for the period October 1, 2011 
        through June 30, 2014: Provided, That the Secretary of Labor 
        may transfer up to 15 percent of such funds to meet the 
        operational needs of such centers: Provided further, That any 
        funds transferred pursuant to the preceding proviso shall not 
        be available for obligation after June 30, 2012; and
            (3) $30,110,000 for necessary expenses of the Office of Job 
        Corps shall be available for obligation for the period October 
        1, 2010 through September 30, 2011:
Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (``OAA''), 
$600,425,000, which shall be available for the period July 1, 2011 
through June 30, 2012: Provided, That funds made available under this 
heading may, in accordance with section 517(c) of the OAA, be 
recaptured and reobligated.

              federal unemployment benefits and allowances

    For payments during fiscal year 2011 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, including benefit payments, allowances, training, and related 
State administration provided pursuant to paragraphs (1) and (2) of 
section 1891(b) of the Trade and Globalization Adjustment Assistance 
Act of 2009, $1,938,200,000, together with such amounts as may be 
necessary to be charged to the subsequent appropriation for payments 
for any period subsequent to September 15, 2011.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $91,403,000, together with 
not to exceed $4,348,924,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $3,570,079,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including $65,000,000 to conduct in-person re-employment and 
        eligibility assessments and unemployment insurance improper 
        payment reviews), the administration of unemployment insurance 
        for Federal employees and for ex-service members as authorized 
        under 5 U.S.C. 8501-8523, and the administration of trade 
        readjustment allowances, re-employment trade adjustment 
        assistance, and alternative trade adjustment assistance under 
        the Trade Act of 1974 and under section 1891(b) of the Trade 
        and Globalization Adjustment Assistance Act of 2009, and shall 
        be available for obligation by the States through December 31, 
        2011, except that funds used for automation acquisitions shall 
        be available for obligation by the States through September 30, 
        2013, and funds used for unemployment insurance workloads 
        experienced by the States through September 30, 2011, shall be 
        available for Federal obligation through December 31, 2011: 
        Provided, That funds awarded to States under the 
        misclassification initiative or to conduct re-employment and 
        eligibility assessment and improper payment reviews shall be 
        available for obligation by the States through September 30, 
        2013;
            (2) $11,310,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $680,893,000 from the Trust Fund, together with 
        $22,683,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2011 through June 30, 2012;
            (4) $20,994,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $65,648,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $50,519,000 shall be available for the 
        Federal administration of such activities, and $15,129,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $68,720,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the Workforce Investment Act of 1998 and shall be 
        available for Federal obligation for the period July 1, 2011 
        through June 30, 2012:
Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2011 is projected by the 
Department of Labor to exceed 6,051,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act: Provided further, That the Secretary of Labor 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 453(j)(8) of such 
Act: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which 
are used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants, or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the Office of Management 
and Budget Circular A-87: Provided further, That the Secretary, at the 
request of a State participating in a consortium with other States, may 
reallot funds allotted to such State under title III of the Social 
Security Act to other States participating in the consortium in order 
to carry out activities that benefit the administration of the 
unemployment compensation law of the State making the request.

                         state paid leave fund

    For grants to assist in the start-up of paid leave programs in the 
States, $10,000,000, shall be available for obligation for the period 
of July 1, 2011 through June 30, 2013: Provided, That the Secretary of 
Labor may reserve not more than 1 percent for administration related to 
such grants.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the 
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of 
the Internal Revenue Code of 1986; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal Unemployment Benefits and Allowances'' account, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2012.

                         program administration

    For expenses of administering employment and training programs, 
$104,904,000, together with not to exceed $57,138,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $161,995,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104, as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2011, for the Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2011 shall be 
available for obligations for administrative expenses in excess of 
$466,301,000: Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2011, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2012 for obligation 
for administrative expenses for every 20,000 additional terminated 
participants: Provided further, That an additional $50,000 shall be 
made available through September 30, 2012, for obligation for 
investment management fees for every $25,000,000 in assets received by 
the Corporation as a result of new plan terminations or asset growth, 
after approval by the Office of Management and Budget and notification 
of the Committees on Appropriations of the House of Representatives and 
the Senate: Provided further, That obligations in excess of the amounts 
provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses after approval by the Office of 
Management and Budget and notification of the Committees on 
Appropriations of the House of Representatives and the Senate.

                         Wage and Hour Division

                         salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $244,240,000.

                  Office of Labor Management Standards

                         salaries and expenses

    For necessary expenses for the Office of Labor Management 
Standards, $45,181,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

    For necessary expenses for the Office of Federal Contract 
Compliance Programs, $112,433,000.

                Office of Workers' Compensation Programs

                         salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $124,165,000, together with $2,181,000 which may be expended 
from the Special Fund in accordance with sections 39(c), 44(d), and 
44(j) of the Longshore and Harbor Workers' Compensation Act.

    administrative expenses, energy employees occupational illness 
                           compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $53,778,000, to remain 
available until expended: Provided, That the Secretary of Labor may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948; and 50 percent of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $183,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an 
employer, who is not the employer at the time of injury, for portions 
of the salary of a re-employed, disabled beneficiary: Provided further, 
That balances of reimbursements unobligated on September 30, 2010, 
shall remain available until expended for the payment of compensation, 
benefits, and expenses: Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 
8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2011: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $58,364,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $17,318,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $25,973,000;
            (3) For periodic roll management and medical review, 
        $15,073,000; and
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the 
Longshore and Harbor Workers' Compensation Act, provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $158,220,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2012, $41,000,000, to remain available until expended.

                    black lung disability trust fund

                     (including transfer of funds)

    In fiscal year 2011, such sums as may be necessary from the Black 
Lung Disability Trust Fund (``Fund''), to remain available until 
expended, for payment of all benefits authorized by section 9501(d)(1), 
(2), (6), and (7) of the Internal Revenue Code of 1986; and repayment 
of, and payment of interest on advances, as authorized by section 
9501(c)(2) of that Act. In addition, the following amounts may be 
expended from the Fund for fiscal year 2010 for expenses of operation 
and administration of the Black Lung Benefits program, as authorized by 
section 9501(d)(5): not to exceed $33,075,000 for transfer to the 
Office of Workers' Compensation Programs, ``Salaries and Expenses''; 
not to exceed $25,394,000 for transfer to Departmental Management, 
``Salaries and Expenses''; not to exceed $327,000 for transfer to 
Departmental Management, ``Office of Inspector General''; and not to 
exceed $356,000 for payments into miscellaneous receipts for the 
expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $574,096,000, including not to exceed $105,893,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary of Labor under section 18 of the Act; 
and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $200,000 per fiscal 
year of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational safety 
and health training and education: Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2011, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace: 
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $11,000,000 shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $377,000,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities, and $1,500,000 to 
continue the project with the United Mine Workers of America, for 
classroom and simulated rescue training for mine rescue teams; in 
addition, not to exceed $750,000 may be collected by the National Mine 
Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training activities, 
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and 
Health Administration may retain up to $1,000,000 from fees collected 
for the approval and certification of equipment, materials, and 
explosives for use in mines, and may utilize such sums for such 
activities; the Secretary of Labor is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration 
is authorized to promote health and safety education and training in 
the mining community through cooperative programs with States, 
industry, and safety associations; the Secretary is authorized to 
recognize the Joseph A. Holmes Safety Association as a principal safety 
association and, notwithstanding any other provision of law, may 
provide funds and, with or without reimbursement, personnel, including 
service of Mine Safety and Health Administration officials as officers 
in local chapters or in the national organization; and any funds 
available to the Department of Labor may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $567,413,000, 
together with not to exceed $67,438,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $44,138,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three sedans, $432,297,000, together with not to exceed 
$327,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund: Provided, That 
the Secretary of Labor may transfer up to $7,200,000 of the funds 
available under this heading for legal services to the ``Mine Safety 
and Health Administration'' for activities related to the Department of 
Labor's caseload before the Federal Mine Safety and Health Review 
Commission, which may include case management of civil penalties, 
assignment of Pattern of Violations (``POV'') status, and enhanced 
enforcement under the POV process: Provided further, That $66,500,000 
for the Bureau of International Labor Affairs shall be available for 
obligation through December 31, 2011: Provided further, That funds 
available to the Bureau of International Labor Affairs may be used to 
administer or operate international labor activities, bilateral and 
multilateral technical assistance, and microfinance programs, by or 
through contracts, grants, subgrants and other arrangements: Provided 
further, That $40,000,000 shall be for the United States' contribution 
to the International Labour Organization's International Program on the 
Elimination of Child Labor: Provided further, That up to $26,500,000 
shall be used to implement model programs that address worker rights 
issues through technical assistance or other programs in countries with 
which the United States has free trade agreements or trade preference 
programs: Provided further, That funds available for the acquisition of 
Departmental information technology, architecture, infrastructure, 
equipment, software and related needs, may be allocated to agencies of 
the Department by the Department's Chief Information Officer: Provided 
further, That $36,300,000 shall be used for program evaluation, of 
which $26,300,000 shall be available for obligation through September 
30, 2012: Provided further, That funds available for program evaluation 
may be transferred to any other appropriate account in the Department 
for such purpose.

                    veterans employment and training

    Not to exceed $211,523,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2011, of which $2,449,000 is for the 
National Veterans' Employment and Training Services Institute.
    In addition, to carry out Department of Labor programs under 
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act 
of 2001 and the Veterans Workforce Investment Programs under section 
168 of the Workforce Investment Act, $50,971,000, of which $9,641,000 
shall be available for obligation for the period July 1, 2011 through 
June 30, 2012.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$79,090,000, together with not to exceed $5,992,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

                          (transfer of funds)

    Sec. 101.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 102.  In accordance with Executive Order No. 13126, none of 
the funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 103.  None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training.
    Sec. 104.  None of the funds available in this Act or available to 
the Secretary of Labor from other sources for grants authorized under 
section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 shall be obligated for a grant awarded on a 
noncompetitive basis.
    Sec. 105. (a) None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved including Employment and Training Administration 
programs.
    (b) Notwithstanding subsection (a), none of the funds appropriated 
in this Act for the Job Corps shall be used to pay the salary of an 
individual, either as direct costs or any proration as an indirect 
cost, at a rate in excess of Executive Level I.
    Sec. 106.  The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of the Workforce Investment Act 
of 1998, or to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in subtitle B 
of title I of that Act (including applying the standards specified in 
section 116(a)(3)(B) of that Act, but notwithstanding the time limits 
specified in section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary to withdraw approval for 
such redesignation from a State that received the approval not later 
than October 12, 2005, or to revise action taken or modify the 
redesignation procedure being used by the Secretary in order to 
complete such redesignation for a State that initiated the process of 
such redesignation by submitting any request for such redesignation not 
later than October 26, 2005.

                     (including transfer of funds)

    Sec. 107.  Funds available to the Employment and Training 
Administration, either directly or through a set-aside, for technical 
assistance services to grantees may be transferred to ``Program 
Administration'' when it is determined that those services will be more 
efficiently performed by Federal staff.

                     (including transfer of funds)

    Sec. 108.  For an additional amount for the ``Departmental 
Management, Working Capital Fund'' account, $4,536,900, to increase the 
Department's acquisition workforce capacity and capabilities: Provided, 
That such funds may be transferred by the Secretary of Labor to any 
other account in the Department to carry out the purposes provided 
herein: Provided further, That such transfer authority is in addition 
to any other transfer authority provided in this Act: Provided further, 
That such funds shall be available only to supplement and not to 
supplant existing acquisition workforce activities: Provided further, 
That such funds shall be available for training, recruitment, 
retention, and hiring additional members of the acquisition workforce 
as defined by the Office of Federal Procurement Policy Act, as amended: 
Provided further, That such funds shall be available for information 
technology in support of acquisition workforce effectiveness or for 
management solutions to improve acquisition management: Provided 
further, That the Committees on Appropriations of the Senate and the 
House of Representatives shall be notified not later than 15 days prior 
to any such transfer.

                         (rescission of funds)

    Sec. 109.  The language under the ``Working Capital Fund'' heading 
in Public Law 85-67, as amended, is further amended by deleting the 
following: ``: Provided further, That within the Working Capital Fund, 
there is established an Investment in Reinvention Fund (IRF), which 
shall be available to invest in projects of the Department designed to 
produce measurable improvements in agency efficiency and significant 
taxpayer savings. Notwithstanding any other provision of law, the 
Secretary of Labor may retain up to $3,900,000 of the unobligated 
balances in the Department's annual Salaries and Expenses accounts as 
of September 30, 1995, and transfer those amounts to the IRF to provide 
the initial capital for the IRF, to remain available until expended, to 
make loans to agencies of the Department for projects designed to 
enhance productivity and generate cost savings. Such loans shall be 
repaid to the IRF no later than September 30 of the fiscal year 
following the fiscal year in which the project is completed. Such 
repayments shall be deposited in the IRF, to be available without 
further appropriation action'': Provided, That $3,900,000 in 
unobligated balances for the IRF is rescinded: Provided further, That 
no amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
     This title may be cited as the ``Department of Labor 
Appropriations Act, 2011''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 
XX, XXVI, and XXVIII of the Public Health Service Act (``PHS Act''), 
section 427(a) of the Federal Coal Mine Health and Safety Act, title V 
and sections 711, 1128E, 1820, and 1886 of the Social Security Act, the 
Health Care Quality Improvement Act of 1986, the Native Hawaiian Health 
Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712 
of the American Jobs Creation Act of 2004, the Stem Cell Therapeutic 
and Research Act of 2005, the Medicare Prescription Drug Improvement 
and Modernization Act of 2003, and the Patient Protection and 
Affordable Care Act of 2010, $7,490,663,000, of which $41,200,000 from 
general revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under such section: Provided, That 
of the funds made available under this heading for Medicare rural 
hospital flexibility grants, $1,000,000 shall be to carry out section 
1820(g)(6) of the Social Security Act, with funds provided for such 
grants available for the purchase and implementation of telehealth 
services, including pilots and demonstrations on the use of electronic 
health records to coordinate rural veterans care between rural 
providers and the Department of Veterans Affairs through the use of the 
VISTA-Electronic Health Record: Provided further, That of the funds 
made available under this heading, $129,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided further, That in addition to fees authorized 
by section 427(b) of the Health Care Quality Improvement Act of 1986, 
fees shall be collected for the full disclosure of information under 
the Act sufficient to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until expended to 
carry out that Act: Provided further, That fees collected for the full 
disclosure of information under the ``Health Care Fraud and Abuse Data 
Collection Program'', authorized by section 1128E(d)(2) of the Social 
Security Act, shall be sufficient to recover the full costs of 
operating the program, and shall remain available until expended to 
carry out that Act: Provided further, That no more than $40,000 shall 
be available until expended for carrying out the provisions of section 
224(o) of the PHS Act including associated administrative expenses and 
relevant evaluations: Provided further, That no more than $100,000,000 
shall be available until expended for carrying out the provisions of 
Public Law 104-73 and for expenses incurred by the Department of Health 
and Human Services (``HHS'') pertaining to administrative claims made 
under such law: Provided further, That of the funds made available 
under this heading, $327,356,000 shall be for the program under title X 
of the PHS Act to provide for voluntary family planning projects: 
Provided further, That amounts provided to said projects under such 
title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall not be 
expended for any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public office: 
Provided further, That of the funds available under this heading, 
$1,982,865,000 shall remain available to the Secretary of HHS through 
September 30, 2013, for parts A and B of title XXVI of the PHS Act: 
Provided further, That $885,000,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the PHS Act: Provided 
further, That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the PHS Act to 
carry out parts A, B, C, and D of title XXVI of the PHS Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That notwithstanding sections 502(a)(1) and 502(b)(1) of the 
Social Security Act, not to exceed $93,999,263 shall be available for 
carrying out special projects of regional and national significance 
pursuant to section 501(a)(2) of such Act and $11,810,915 shall be 
available for projects described in paragraphs (A) through (F) of 
section 501(a)(3) of such Act: Provided further, That of the funds 
provided, $34,927,000 shall be provided for the Delta Health Initiative 
as authorized in section 219 of division G of Public Law 110-161 and 
associated administrative expenses: Provided further, That, 
notwithstanding section 747(c)(2) of the PHS Act, not less than 15 
percent of funds provided for section 747 of such Act shall be for 
physician assistant programs: Provided further, That notwithstanding 
section 756(e) of the PHS Act, $8,672,000 shall be available for grants 
authorized in section 756 of such Act: Provided further, That funds 
provided under section 846 and subpart 3 of part D of title III of the 
PHS Act may be used to make prior-year adjustments to awards made under 
these sections: Provided further, That of the amount appropriated in 
this paragraph, $156,329,000 shall be used for the projects financing 
the construction and renovation (including equipment) of healthcare and 
other facilities and for other health-related activities, and in the 
amounts, specified under the heading ``Health Resources and Services'' 
in the committee report of the Senate accompanying this Act, and of 
which up to 1 percent of the amount for each project may be used for 
related agency administrative expenses: Provided further, That 
notwithstanding section 338J(k) of the PHS Act, $10,075,000 shall be 
available for State Offices of Rural Health: Provided further, That of 
the funds provided, $15,000,000 shall be available for the Small Rural 
Hospital Improvement Grant Program: Provided further, That 
notwithstanding section 399BB(g) of the PHS Act, funds made available 
under this heading for section 399BB of the PHS Act are for carrying 
out the program as authorized under section 399BB(a)-(f) of such Act 
unless otherwise authorized subsequent to enactment of this Act.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the Public Health Service Act, to remain available 
until expended: Provided, That for necessary administrative expenses, 
not to exceed $6,502,000 shall be available from the Trust Fund to the 
Secretary of Health and Human Services.

                  covered countermeasure process fund

    For carrying out section 319F-4 of the Public Health Service Act, 
$2,500,000, to remain available until expended: Provided, That amounts 
appropriated to this account shall also be available for related 
administrative expenses and costs under the Smallpox Emergency Personal 
Protection Act of 2003.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103, 
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health 
Act of 1977, section 13 of the Mine Improvement and New Emergency 
Response Act of 2006, sections 20, 21, and 22 of the Occupational 
Safety and Health Act of 1970, titles II and IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education Assistance Act of 
1980, sections 4001, 4004, and 4201 of the Patient Protection and 
Affordable Care Act of 2010, section 103(a)(4)(H) of the Afghanistan 
Freedom Support Act of 2002, and for expenses necessary to support 
activities related to countering potential biological, nuclear, 
radiological, and chemical threats to civilian populations; including 
purchase and insurance of official motor vehicles in foreign countries; 
and purchase, hire, maintenance, and operation of aircraft, 
$6,527,235,000, of which $12,000,000 shall remain available until 
expended for acquisition of real property, equipment, construction and 
renovation of facilities, including necessary repairs and improvements 
to laboratories leased or operated by the Centers for Disease Control 
and Prevention; of which $523,533,000 shall remain available until 
expended for the Strategic National Stockpile under section 319F-2 of 
the PHS Act; of which $25,000,000 shall remain available through 
September 30, 2012 for chronic disease grants; of which $4,700,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``Disease Control, Research, and Training'' in the committee 
report of the Senate accompanying this Act; of which $118,092,000 for 
international HIV/AIDS shall remain available through September 30, 
2012; and of which $150,137,000 shall be available until expended to 
provide screening and treatment for first response emergency services 
personnel, residents, students, and others related to the September 11, 
2001 terrorist attacks on the World Trade Center: Provided, That in 
addition, such sums as may be derived from authorized user fees, which 
shall be credited to this account: Provided further, That with respect 
to the previous proviso, authorized user fees from the Vessel 
Sanitation Program shall be available through September 30, 2012: 
Provided further, That in addition to amounts provided herein, the 
following amounts shall be available from amounts available under 
section 241 of the PHS Act: (1) $12,864,000 to carry out the National 
Immunization Surveys; (2) $8,683,000 to carry out the National Center 
for Health Statistics surveys; (3) $16,881,000 for Public Health 
Informatics; (4) $47,036,000 for Health Marketing; (5) $31,170,000 to 
carry out Public Health Research; and (6) $21,724,000 to carry out 
research activities within the National Occupational Research Agenda: 
Provided further, That none of the funds made available for injury 
prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That of the funds made available under this 
heading, up to $1,000 per eligible employee of the Centers for Disease 
Control and Prevention shall be made available until expended for 
Individual Learning Accounts: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are to be 
notified promptly of any such redirection: Provided further, That not 
to exceed $20,787,000 may be available for making grants under section 
1509 of the PHS Act to not less than 21 States, tribes, or tribal 
organizations: Provided further, That notwithstanding any other 
provision of law, the Centers for Disease Control and Prevention may 
award a single contract or related contracts for development and 
construction of the next building or facility designated in the 
Buildings and Facilities Master Plan that collectively include the full 
scope of the project: Provided further, That the solicitation and 
contract shall contain the clause ``availability of funds'' found at 48 
CFR 52.232-18: Provided further, That of the funds appropriated, 
$10,000 shall be for official reception and representation expenses 
when specifically approved by the Director of the Centers for Disease 
Control and Prevention: Provided further, That employees of the Centers 
for Disease Control and Prevention or the Public Health Service, both 
civilian and Commissioned Officers, detailed to States, municipalities, 
or other organizations under authority of section 214 of the PHS Act, 
or in overseas assignments, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within any 
personnel ceiling applicable to the Agency, Service, or the Department 
of Health and Human Services during the period of detail or assignment: 
Provided further, That notwithstanding section 399AA(e) of the PHS Act, 
funds made available under this heading for section 399AA of the PHS 
Act are for carrying out the program as authorized under section 
399AA(a)-(d) of such Act unless otherwise authorized subsequent to 
enactment of this Act: Provided further, That, notwithstanding section 
2821(b) of the PHS Act, no funds made available under this heading 
shall be made available for section 2821 of the PHS Act: Provided 
further, That, notwithstanding section 516 of this Act, no activity 
funded under this heading or funded through transfers to ``Disease 
Control, Research, and Training'' that has a funding amount 
specifically identified in the committee report of the Senate 
accompanying this Act may be eliminated, increased by more than 3 
percent or reduced by more than 1 percent through any administrative 
action.
    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, 
to remain available until expended, of which $4,500,000 shall be for 
use by or in support of the Advisory Board on Radiation and Worker 
Health (``the Board'') to carry out its statutory responsibilities, 
including obtaining audits, technical assistance, and other support 
from the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports: 
Provided, That this amount shall be available consistent with the 
provision regarding administrative expenses in section 151(b) of 
division B, title I of Public Law 106-554.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $5,256,409,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
National Cancer Institute-Frederick Federally Funded Research and 
Development Center in Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $3,182,524,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $422,845,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,854,674,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,678,696,000.

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,969,301,000: Provided, That $300,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $2,121,783,000.

  eunice kennedy shriver national institute of child health and human 
                              development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,366,750,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$723,220,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to environmental health sciences, 
$706,227,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,140,547,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $554,846,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$428,331,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $149,963,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $473,904,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,092,369,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,537,942,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $533,127,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $325,415,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,306,695,000.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$131,796,000.

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $218,705,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the Public Health Service Act), $72,914,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act (``PHS Act'') with respect to health information 
communications, $364,254,000, of which $4,000,000 shall be available 
until expended for improvement of information systems: Provided, That 
in fiscal year 2011, the National Library of Medicine may enter into 
personal services contracts for the provision of services in facilities 
owned, operated, or constructed under the jurisdiction of the National 
Institutes of Health: Provided further, That in addition to amounts 
provided herein, $8,200,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the purposes of the 
National Information Center on Health Services Research and Health Care 
Technology established under section 478A of the PHS Act and related 
health services.

                         office of the director

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health (``NIH''), $1,268,580,000, of 
which up to $25,000,000 shall be used to carry out section 213 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund: Provided further, That all funds credited to such Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That up to $194,400,000 
shall be available for continuation of the National Children's Study: 
Provided further, That $561,629,000 shall be available for the Common 
Fund established under section 402A(c)(1) of the Public Health Service 
Act (``PHS Act''): Provided further, That of the funds provided $10,000 
shall be for official reception and representation expenses when 
specifically approved by the Director of the NIH: Provided further, 
That the Office of AIDS Research within the Office of the Director of 
the NIH may spend up to $8,000,000 to make grants for construction or 
renovation of facilities as provided for in section 2354(a)(5)(B) of 
the PHS Act: Provided further, That $50,000,000 shall be available to 
implement section 402c of the PHS Act, relating to the Cures 
Acceleration Network.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $125,420,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles III, V, and XIX of the Public Health 
Service Act (``PHS Act'') with respect to substance abuse and mental 
health services and the Protection and Advocacy for Individuals with 
Mental Illness Act, $3,536,184,000, of which $3,400,000 shall be used 
for the projects, and in the amounts, specified under the heading 
``Substance Abuse and Mental Health Services'' in the committee report 
of the Senate accompanying this Act: Provided, That notwithstanding 
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying 
out section 520A are available for carrying out section 1971 of the PHS 
Act: Provided further, That in addition to amounts provided herein, the 
following amounts shall be available under section 241 of the PHS Act: 
(1) $79,200,000 to carry out subpart II of part B of title XIX of the 
PHS Act to fund section 1935(b) technical assistance, national data, 
data collection and evaluation activities, and further that the total 
available under this Act for section 1935(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart II of part B 
of title XIX; (2) $21,039,000 to carry out subpart I of part B of title 
XIX of the PHS Act to fund section 1920(b) technical assistance, 
national data, data collection and evaluation activities, and further 
that the total available under this Act for section 1920(b) activities 
shall not exceed 5 percent of the amounts appropriated for subpart I of 
part B of title XIX; (3) $23,399,000 to carry out national surveys on 
drug abuse and mental health; and (4) $8,596,000 to collect and analyze 
data and evaluate substance abuse treatment programs: Provided further, 
That section 520E(b)(2) of the PHS Act shall not apply to funds 
appropriated under this Act for fiscal year 2011.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service Act 
(``PHS Act''), part A of title XI of the Social Security Act, and 
section 1013 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003, amounts received from Freedom of Information 
Act fees, reimbursable and interagency agreements, and the sale of data 
shall be credited to this appropriation and shall remain available 
until expended: Provided, That the amount made available pursuant to 
section 947(c) of the PHS Act shall not exceed $397,053,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $173,143,799,000, to remain available until 
expended.
    For making, after May 31, 2011, payments to States or in the case 
of section 1928 on behalf of States under title XIX of the Social 
Security Act for the last quarter of fiscal year 2011 for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2012, $86,445,289,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                   payments to healthcare trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$229,664,000,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under section 1860D-16 of the Social Security Act, not 
anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act (``PHS Act''), the Clinical Laboratory 
Improvement Amendments of 1988, the Patient Protection and Affordable 
Care Act of 2010, and the Health Care and Education Reconciliation Act 
of 2010, not to exceed $3,574,527,000, to be transferred from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the PHS Act and section 1857(e)(2) of the Social 
Security Act, funds retained by the Secretary of Health and Human 
Services pursuant to section 302 of the Tax Relief and Health Care Act 
of 2006; and such sums as may be collected from authorized user fees 
and the sale of data, which shall be credited to this account and 
remain available until expended: Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the PHS Act shall be credited to and available for 
carrying out the purposes of this appropriation: Provided further, That 
$37,687,000, to remain available through September 30, 2012, shall be 
for contract costs for the Healthcare Integrated General Ledger 
Accounting System: Provided further, That $9,120,000, to remain 
available through September 30, 2012, shall be for the Centers for 
Medicare and Medicaid Services (``CMS'') Medicare contracting reform 
activities: Provided further, That $110,000,000, to remain available 
through September 30, 2012, shall be for the Centers for Medicare and 
Medicaid Service's Health Care Data Improvement Initiative: Provided 
further, That the Secretary is directed to collect fees in fiscal year 
2011 from Medicare Advantage organizations pursuant to section 
1857(e)(2) of the Social Security Act and from eligible organizations 
with risk-sharing contracts under section 1876 of that Act pursuant to 
section 1876(k)(4)(D) of that Act: Provided further, That $1,300,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``Program Management'' in the committee report of the Senate 
accompanying this Act.

               Healthcare Fraud and Abuse Control Account

    In addition to amounts otherwise available for program integrity 
and program management, $561,000,000, to remain available through 
September 30, 2012, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act, 
of which $376,167,000 shall be for the Centers for Medicare and 
Medicaid Services Program Integrity Activities, including 
administrative costs, to conduct oversight activities for Medicare 
Advantage and the Medicare Prescription Drug Program authorized in 
title XVIII of the Social Security Act and for activities listed in 
section 1893 of such Act and for Medicaid and Children's Health 
Insurance Program (``CHIP'') program integrity activities; of which 
$94,830,000 shall be for the Department of Health and Human Services 
Office of Inspector General to carry out fraud and abuse activities 
authorized by section 1817(k)(3) of such Act; and of which $90,003,000 
shall be for the Department of Justice to carry out fraud and abuse 
activities authorized by section 1817(k)(3) of such Act: Provided, That 
the report required by section 1817(k)(5) of the Social Security Act 
for fiscal year 2011 shall include measures of the operational 
efficiency and impact on fraud, waste, and abuse in the Medicare, 
Medicaid, and CHIP programs for the funds provided by this 
appropriation.

                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, $2,482,814,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2012, $1,200,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.

                   low income home energy assistance

    For making payments under subsections (b), (d), and (e) of section 
2602 of the Low Income Home Energy Assistance Act of 1981, 
$3,300,000,000, of which $2,709,672,000 shall be for payments under 
subsections (b) and (d) of such section; and of which $590,328,000 
shall be for payments under subsection (e) of such section, to be made 
notwithstanding the designation requirements of such subsection: 
Provided, That all but $504,596,000 of the amount provided in this Act 
for subsections (b) and (d) shall be allocated as though the total 
appropriation for such payments for fiscal year 2011 was less than 
$1,975,000,000: Provided further, That notwithstanding section 
2605(b)(2)(B)(ii) of such Act, a State may use any amount of an 
allotment from prior appropriations Acts that is available to that 
State for providing assistance in fiscal year 2011, and any allotment 
from funds appropriated in this Act or any other appropriations Act for 
fiscal year 2011, to provide assistance to households whose income does 
not exceed 75 percent of the State median income.

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and the Trafficking Victims Protection Act 
of 2000, for costs associated with the care and placement of 
unaccompanied alien children, and for carrying out the Torture Victims 
Relief Act of 1998, $834,602,000, of which up to $10,814,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000: 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000 for fiscal year 2011 
shall be available for the costs of assistance provided and other 
activities, to remain available through September 30, 2013: Provided 
further, That amounts available herein for refugee school impact grants 
under title IV of the Immigration and Nationality Act shall also be 
available for grants by the Secretary of Health and Human Services to 
States for the purpose of assisting school districts serving 
significant numbers of children who entered the United States from 
Haiti during the period January 12, 2010 through May 31, 2010 and who 
are United States citizens or Haitian nationals, to meet the 
educational and related needs of such children.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $3,127,081,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income 
families: Provided, That $26,805,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll-free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $398,994,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $146,328,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $9,910,000 shall be for 
use by the Secretary of Health and Human Services for child care 
research, demonstration, and evaluation activities.

                      social services block grant

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

                children and families services programs

                     (including transfer of funds)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978 (adoption opportunities), the Abandoned Infants Assistance Act of 
1988, sections 261 and 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 Community Services Block Grant Act 
(``CSBG Act''), sections 439(i), 473B, and 477(i) of the Social 
Security Act, and the Assets for Independence Act; and for necessary 
administrative expenses to carry out such Acts and titles I, IV, V, X, 
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 
1960, the Low Income Home Energy Assistance Act of 1981, title IV of 
the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, and section 505 of the Family Support 
Act of 1988, $10,359,727,000, of which $42,000,000, to remain available 
through September 30, 2012, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2011: Provided, That $8,223,958,000 shall be for making payments 
under the Head Start Act: Provided further, That for purposes of 
allocating funds described by the immediately preceding proviso, the 
following provisions shall apply: (1) the term ``base grant'' as used 
in section 640(a)(7)(A) of such Act with respect to funding provided to 
a Head Start agency (including each Early Head Start agency) for fiscal 
year 2010 shall be deemed to include funds appropriated in the American 
Recovery and Reinvestment Act of 2009 and provided to such agency for 
carrying out expansion of Head Start programs, as that phrase is used 
in subsection (a)(4)(D) of such section 640(a), and provided to such 
agency as the ongoing funding level for operations in the 12-month 
budget period beginning in fiscal year 2010; (2) the amount reserved 
under subsection (a)(1)(C) of such section shall be less than the 
amount that would be reserved under such subparagraph absent this 
proviso by a sum of $5,131,935; and (3) the text of paragraph (4)(B)(i) 
of such section shall be applied by substituting the following 
language: ``Under the circumstances described in clause (ii), from the 
balance, the Secretary shall reserve remaining amounts, to be allotted 
to each Head Start agency (including each Early Head Start agency) in 
an amount that bears the same ratio to such remaining amounts as the 
funds appropriated in the American Recovery and Reinvestment Act of 
2009 and provided to such agency for carrying out quality improvement 
of Head Start programs, as that phrase is used in paragraph (5) of this 
section (which funds shall be referred to in this proviso as such 
agency's `ARRA quality improvement funds') bear to the total of all 
such agencies' ARRA quality improvement funds, to carry out such 
quality improvement activities.'': Provided further, That $765,000,000 
shall be for making payments under the CSBG Act, of which $55,000,000 
shall be for section 680(a)(2) of the CSBG Act: Provided further, That 
not less than $10,000,000 shall be for section 680(a)(3)(B) of the CSBG 
Act: Provided further, That in addition to amounts provided herein, 
$5,762,000 shall be available from amounts available under section 241 
of the Public Health Service Act to carry out the provisions of section 
1110 of the Social Security Act: Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the CSBG Act, and have 
not been expended by such entity, they shall remain with such entity 
for carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations: Provided further, That $17,410,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$12,154,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $5,256,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $2,000,000 shall be for a human 
services case management system for federally declared disasters, to 
include a comprehensive national case management contract and Federal 
costs of administering the system: Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness: Provided further, 
That of the funds appropriated under this heading, $1,500,000 shall be 
transferred to the National Commission on Children and Disasters to 
carry out title VI of division G of Public Law 110-161: Provided 
further, That $8,188,000 shall be used for the projects, and in the 
amounts, specified under the heading ``Children and Families Services 
Programs'' in the committee report of the Senate accompanying this Act.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,311,000.

                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, $5,366,000,000.
    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 2012, $1,850,000,000.
    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 unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), section 398 and title XXIX of the 
Public Health Service Act (``PHS Act''), and section 119 of the 
Medicare Improvements for Patients and Providers Act of 2008 and for 
necessary administrative expenses to carry out title XVII of the PHS 
Act, $1,659,383,000: Provided, That $1,650,000 shall be used for the 
projects, and in the amounts, specified under the heading ``Aging 
Services Programs'' in the committee report of the Senate accompanying 
this Act: Provided further, That amounts under this heading shall be 
available for grants to States under section 361 of the OAA only for 
disease prevention and health promotion programs and activities which 
have been demonstrated to the satisfaction of the Secretary of Health 
and Human Services to be evidence-based and effective: Provided 
further, That amounts otherwise available under this heading to carry 
out activities relating to Aging and Disability Resource Centers, under 
subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the OAA, shall 
be reduced by any amounts made available for fiscal year 2011 for such 
purposes under section 2405 of the Patient Protection and Affordable 
Care Act.

                        Office of the Secretary

                    general departmental management

                     (including transfer of funds)

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, IV, XVII, XX, and XXI of the Public Health Service Act 
(``PHS Act''), the United States-Mexico Border Health Commission Act, 
and research studies under section 1110 of the Social Security Act, 
$514,697,000 and $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, 
$53,891,000 shall be for minority AIDS prevention and treatment 
activities; and $1,000,000 shall be transferred, not later than 30 days 
after enactment of this Act, to the National Institute of Mental Health 
to administer the Interagency Autism Coordinating Committee: Provided 
further, That none of the funds made available under this heading shall 
be available for carrying out activities specified under section 
2003(b)(2) or (3) of title XX of the PHS Act: Provided further, That of 
the funds made available under this heading, $110,000,000 shall be for 
making competitive contracts and grants to public and private entities 
to fund medically accurate and age appropriate programs that reduce 
teen pregnancy and for the Federal costs associated with administering 
and evaluating such contracts and grants, of which not less than 
$75,000,000 shall be for replicating programs that have been proven 
effective through rigorous evaluation to reduce 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 research and demonstration grants to develop, replicate, 
refine, and test additional models and innovative strategies for 
preventing teenage pregnancy, and of which any remaining amounts shall 
be available for training and technical assistance, evaluation, 
outreach, and additional program support activities: Provided further, 
That of the amounts provided under this heading from amounts available 
under section 241 of the PHS Act, $8,455,000 shall be available to 
carry out evaluations (including longitudinal evaluations) of teenage 
pregnancy prevention approaches: Provided further, That funds provided 
in this Act for embryo adoption activities may be used to provide, to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4): Provided further, That $1,150,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``General Departmental Management'' in the committee report of 
the Senate accompanying this Act: Provided further, That $10,000,000 of 
the funds made available under this heading shall be available for 
health and wellness pilot initiatives for Federal employees, of which 
up to $5,000,000 may be transferred to other agencies, with the 
approval of the Director of the Office of Management and Budget, to 
assist those agencies in the implementation of such initiatives.

                office of medicare hearings and appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $77,798,000, to be 
transferred in appropriate part from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $59,323,000: Provided, 
That in addition to amounts provided herein, $19,011,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$54,754,000: Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary of Health 
and Human Services and investigating nonpayment of child support cases 
for which nonpayment is a Federal offense under 18 U.S.C. 228.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$44,382,000.

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies, $610,023,000; of which $38,059,000 shall be to 
support preparedness and emergency operations, of which $15,000,000, to 
support expenses due to response efforts, shall remain available until 
expended; and of which $10,000,000, to remain available through 
September 30, 2012, shall be to support the delivery of medical 
countermeasures: Provided, That of the amount made available herein for 
the delivery of medical countermeasures, up to $8,000,000 may be 
transferred to the U.S. Postal Service to support delivery of medical 
countermeasures.
    From funds transferred to this account pursuant to the fourth 
paragraph under this heading in Public Law 111-117, up to $476,194,000 
shall be available for expenses necessary to support advanced research 
and development pursuant to section 319L of the Public Health Service 
Act and other administrative expenses of Biomedical Advanced Research 
and Development Authority.
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $65,578,000.
    For expenses necessary for fit-out and other costs related to a 
competitive lease procurement to renovate or replace the existing 
headquarters building for Public Health Service agencies and other 
components of the Department of Health and Human Services, $35,000,000, 
to remain available until expended, and, in addition, for fit-out and 
other costs related to the consolidation of office space for the Office 
of the Assistant Secretary for Preparedness and Response, $10,000,000, 
to remain available until expended.

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary of Health and 
Human Services.
    Sec. 202.  The Secretary of Health and Human Services shall make 
available through assignment not more than 60 employees of the Public 
Health Service to assist in child survival activities and to work in 
AIDS programs through and with funds provided by the Agency for 
International Development, the United Nations International Children's 
Emergency Fund or the World Health Organization.
    Sec. 203.  None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration 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 I.
    Sec. 204.  None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the preparation and submission of a 
report by the Secretary of Health and Human Services to the Committees 
on Appropriations of the House of Representatives and the Senate 
detailing the planned uses of such funds.
    Sec. 205.  Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary of Health and Human Services 
shall determine, but not more than 2.5 percent, of any amounts 
appropriated for programs authorized under such Act shall be made 
available for the evaluation (directly, or by grants or contracts) of 
the implementation and effectiveness of such programs.

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 208.  Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS Research 
Office'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary of Health 
and Human Services that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to coerce 
minors into engaging in sexual activities.
    Sec. 210.  Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 211.  None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary of Health and Human 
Services denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because the entity 
informs the Secretary that it will not provide, pay for, provide 
coverage of, or provide referrals for abortions: Provided, That the 
Secretary shall make appropriate prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): Provided further, That nothing in this section 
shall be construed to change the Medicare program's coverage for such 
services and a Medicare Advantage organization described in this 
section shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
    Sec. 212.  In order for the Department of Health and Human Services 
to carry out international health activities, including HIV/AIDS and 
other infectious disease, chronic and environmental disease, and other 
health activities abroad during fiscal year 2011:
            (1) The Secretary of Health and Human Services may exercise 
        authority equivalent to that available to the Secretary of 
        State in section 2(c) of the State Department Basic Authorities 
        Act of 1956. The Secretary of Health and Human Services shall 
        consult with the Secretary of State and relevant Chief of 
        Mission to ensure that the authority provided in this section 
        is exercised in a manner consistent with section 207 of the 
        Foreign Service Act of 1980 and other applicable statutes 
        administered by the Department of State.
            (2) The Secretary of Health and Human Services is 
        authorized to provide such funds by advance or reimbursement to 
        the Secretary of State as may be necessary to pay the costs of 
        acquisition, lease, alteration, renovation, and management of 
        facilities outside of the United States for the use of the 
        Department of Health and Human Services. The Department of 
        State shall cooperate fully with the Secretary of Health and 
        Human Services to ensure that the Department of Health and 
        Human Services has secure, safe, functional facilities that 
        comply with applicable regulation governing location, setback, 
        and other facilities requirements and serve the purposes 
        established by this Act. The Secretary of Health and Human 
        Services is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make 
        available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
            (3) The Secretary of Health and Human Services is 
        authorized to provide to personnel appointed or assigned by the 
        Secretary to serve abroad, allowances and benefits similar to 
        those provided under chapter 9 of title I of the Foreign 
        Service Act of 1980, and 22 U.S.C. 4081 through 4086 and 
        subject to such regulations prescribed by the Secretary. The 
        Secretary is further authorized to provide locality-based 
        comparability payments (stated as a percentage) up to the 
        amount of the locality-based comparability payment (stated as a 
        percentage) that would be payable to such personnel under 
        section 5304 of title 5, United States Code if such personnel's 
        official duty station were in the District of Columbia. Leaves 
        of absence for personnel under this subsection shall be on the 
        same basis as that provided under subchapter I of chapter 63 of 
        title 5, United States Code, or section 903 of the Foreign 
        Service Act of 1980, to individuals serving in the Foreign 
        Service.
    Sec. 213. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (``Director'') 
may use funds available under section 402(b)(7) or 402(b)(12) of the 
Public Health Service Act (``PHS Act'') to enter into transactions 
(other than contracts, cooperative agreements, or grants) to carry out 
research identified pursuant to such section 402(b)(7) (pertaining to 
the Common Fund) or research and activities described in such section 
402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 214.  Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (``CDC'') and the Agency for Toxic Substances and Disease 
Registry (``ATSDR'') may be transferred to ``Disease Control, Research, 
and Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 215.  Notwithstanding any other provisions of law, 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 $35,000,000 of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $2,500,000 per project.

                          (transfer of funds)

    Sec. 217.  Of the amounts made available for the National 
Institutes of Health, 1 percent of the amount made available for 
National Research Service Awards (``NRSA'') shall be made available to 
the Administrator of the Health Resources and Services Administration 
to make NRSA awards for research in primary medical care to individuals 
affiliated with entities who have received grants or contracts under 
section 747 of the Public Health Service Act, and 1 percent of the 
amount made available for NRSA shall be made available to the Director 
of the Agency for Healthcare Research and Quality to make NRSA awards 
for health service research.
    Sec. 218.  Henceforth, no funds appropriated for a fiscal year in 
this or any other any subsequent Act shall be subject to the allocation 
requirements of section 1707A(e) of the Public Health Service Act.
    Sec. 219.  Henceforth, no funds appropriated in an appropriations 
Act for fiscal year 2011, or in any previous or subsequent 
appropriations Act, shall be available for transfer under section 274 
of the Public Health Service Act.

                     (including transfer of funds)

    Sec. 220.  For an additional amount for the ``General Departmental 
Management'' account, $7,000,000, to increase the Department's 
acquisition workforce capacity and capabilities: Provided, That such 
funds may be transferred by the Secretary to any other account in the 
Department to carry out the purposes provided herein: Provided further, 
That such transfer authority is in addition to any other transfer 
authority provided in this Act: Provided further, That such funds shall 
be available only to supplement and not to supplant existing 
acquisition workforce activities: Provided further, That such funds 
shall be available for training, recruitment, retention, and hiring 
additional members of the acquisition workforce as defined by the 
Office of Federal Procurement Policy Act, as amended: Provided further, 
That such funds shall be available for information technology in 
support of acquisition workforce effectiveness or for management 
solutions to improve acquisition management.
    Sec. 221. (a) Within 45 days of enactment of this Act, the 
Secretary shall transfer funds appropriated under section 4002 of the 
Patient Protection and Affordable Care Act of 2010 to the accounts 
specified, in the amounts specified, and for the activities specified 
under the heading ``Prevention and Public Health Fund'' in the 
committee report of the Senate accompanying this Act.
    (b) Notwithstanding section 4002(c) of the Patient Protection and 
Affordable Care Act of 2010, the Secretary may further transfer only 
amounts specified for ``Public health and prevention outreach, 
coordination and strategic planning, including media activities''.
    (c) Funds transferred for activities authorized under section 2821 
of the Public Health Service Act shall be made available without 
reference to section 2821(b) of such Act.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2011''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA''), section 308 of this Act and section 418A of the 
Higher Education Act of 1965, $16,726,579,000, of which $5,717,423,000 
shall become available on July 1, 2011, and shall remain available 
through September 30, 2012, and of which $10,841,176,000 shall become 
available on October 1, 2011, and shall remain available through 
September 30, 2012, for academic year 2011-2012: Provided, That 
$6,597,946,000 shall be for basic grants under section 1124 of the 
ESEA: Provided further, That up to $4,000,000 of these funds shall be 
available to the Secretary of Education on October 1, 2010, to obtain 
annually updated local educational-agency-level census poverty data 
from the Bureau of the Census: Provided further, That $1,365,031,000 
shall be for concentration grants under section 1124A of the ESEA: 
Provided further, That $3,489,712,000 shall be for targeted grants 
under section 1125 of the ESEA: Provided further, That $3,489,712,000 
shall be for education finance incentive grants under section 1125A of 
the ESEA: Provided further, That $300,000,000 shall be available to 
carry out section 308 of this Act: Provided further, That $8,167,000 
shall be to carry out sections 1501 and 1503 of the ESEA: Provided 
further, That $625,000,000 shall be available for school improvement 
grants under section 1003(g) of the ESEA, which shall be allocated by 
the Secretary through the formula described in section 1003(g)(2) and 
shall be used consistent with the requirements of section 1003(g), 
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: Provided further, That each State educational agency shall 
ensure that 40 percent of its allocation under such formula is spent on 
improvement activities in middle and high schools, unless the State 
educational agency determines that all title I, part A-eligible middle 
and high schools that have not made adequate yearly progress for at 
least 2 years or are in the State's lowest quintile of performance 
based on proficiency rates can be served with a lesser amount: 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 participating school applicable to such funds: 
Provided further, That $250,000,000 shall be available under section 
1502 of the ESEA for a comprehensive literacy development and education 
program to advance literacy skills, including pre-literacy skills, 
reading, and writing, for students from birth through grade 12, 
including limited-English-proficient 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 $21,000,000 may 
be used to continue the initiative on adolescent literacy, $10,000,000 
shall be reserved for formula grants to States based on each State's 
relative share of funds under part A of title I of the ESEA for fiscal 
year 2010, except that no State shall receive less than $150,000, to 
support a State Literacy Team with expertise in literacy development 
and education for children from birth through grade 12 to assist the 
State in developing a comprehensive literacy plan, up to 5 percent may 
be reserved for national activities, and the remainder shall be used to 
award competitive grants to State educational agencies for such a 
program, of which a State educational agency may reserve up to 5 
percent for State leadership activities, including technical assistance 
and training, data collection, reporting, and administration, and shall 
subgrant not less than 95 percent to local educational agencies or, in 
the case of early literacy, to local educational agencies or other 
nonprofit providers of early childhood education that partner with a 
public or private nonprofit organization or agency with a demonstrated 
record of effectiveness in improving the early literacy development of 
children from birth through kindergarten entry and in providing 
professional development in early literacy, giving priority to such 
agencies or other entities serving greater numbers or percentages of 
disadvantaged 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 including an 
equitable distribution of funds between middle and high schools: 
Provided further, That eligible entities receiving subgrants from State 
educational agencies shall use such funds for services and activities 
that have the characteristics of effective literacy instruction through 
professional development, screening and assessment, targeted 
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 Elementary and 
Secondary Education Act of 1965, $1,296,183,000, of which 
$1,153,000,000 shall be for basic support payments under section 
8003(b), $50,602,000 shall be for payments for children with 
disabilities under section 8003(d), $18,509,000 shall be for 
construction under section 8007(b) and shall remain available through 
September 30, 2012, $69,208,000 shall be for Federal property payments 
under section 8002, and $4,864,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 8003(a) for school year 2010-2011, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 8003(a)(1)(B) of such Act, but due 
to the deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to the 
death of a military parent or legal guardian while on active duty (so 
long as such children reside on Federal property as described in 
section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the 
same local educational agency they attended prior to their change in 
eligibility status: Provided further, That for the purpose of 
determining eligibility for housing claimed under section 8003(a)(4) of 
such Act, the Secretary of the applicable Federal agency shall for 
fiscal years 2007, 2008, 2009, and 2010 deem eligible all unoccupied 
housing identified to be demolished as certified by the designated 
representative of the Secretary of the applicable Federal agency, 
notwithstanding the availability of funds designated for the project 
being demolished for a period not to exceed 3 years: Provided further, 
That the Secretary of Education shall deem each local educational 
agency that received a fiscal year 2009 basic support payment for 
heavily impacted local educational agencies under section 8003(b)(2) of 
such Act as eligible to receive fiscal year 2010 and 2011 basic support 
payments for heavily impacted local educational agencies under such 
section and make a payment to such local educational agency under such 
section for fiscal years 2010 and 2011.

                      School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A, B, and D of title II, part B of title IV, subpart 9 of part D of 
title V, parts A and B of title VI, and parts B and C of title VII of 
the Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; part Z of title VIII of the Higher Education 
Act (``HEA''); and the Civil Rights Act of 1964, $5,388,173,000, of 
which $7,000,000 shall become available on October 1, 2010 and remain 
available through September 30, 2011, $3,518,185,000 shall become 
available on July 1, 2011, and remain available through September 30, 
2012, and of which $1,681,441,000 shall become available on October 1, 
2011, and shall remain available through September 30, 2012, for 
academic year 2011-2012: Provided, That funds made available to carry 
out part B of title VII of the ESEA may be used for construction, 
renovation, and modernization of any elementary school, secondary 
school, or structure related to an elementary school or secondary 
school, run by the Department of Education of the State of Hawaii, that 
serves a predominantly Native Hawaiian student body: Provided further, 
That from the funds referred to in the preceding proviso, not less than 
$1,500,000 shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso and 
$1,500,000 shall be for a grant to the University of Hawaii School of 
Law for a Center of Excellence in Native Hawaiian law: Provided 
further, That from the funds referred to in the second preceding 
proviso, $500,000 shall be for part Z of title VIII of the HEA: 
Provided further, That funds made available to carry out part C of 
title VII of the ESEA may be used for construction: Provided further, 
That up to 100 percent of the funds available to a State educational 
agency under part D of title II of the ESEA may be used for subgrants 
described in section 2412(a)(2)(B) of such Act: Provided further, That 
funds made available under this heading for section 2421 of the ESEA 
may be used for activities authorized under section 802 of the Higher 
Education Opportunity Act: Provided further, That State educational 
agencies may subgrant funds available under part B of title IV of the 
ESEA for expanded-learning-time programs that significantly increase 
the number of hours in a regular school schedule and comprehensively 
redesign the school schedule for all students in the school: Provided 
further, That such expanded-learning-time programs shall provide 
additional time for instruction in the core academic and other 
subjects, and for enrichment activities: Provided further, That 
$61,313,000 shall be available to carry out section 203 of the 
Educational Technical Assistance Act of 2002: Provided further, That 
$26,928,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That no funds appropriated under this heading 
may be used to carry out section 5494 under the ESEA: Provided further, 
That $17,687,000 shall be available to carry out the Supplemental 
Education Grants program for the Federated States of Micronesia and the 
Republic of the Marshall Islands: Provided further, That up to 5 
percent of these amounts may be reserved by the Federated States of 
Micronesia and the Republic of the Marshall Islands to administer the 
Supplemental Education Grants programs and to obtain technical 
assistance, oversight and consultancy services in the administration of 
these grants and to reimburse the United States Departments of Labor, 
Health and Human Services, and Education for such services: Provided 
further, That up to $11,500,000 of the funds available for the Foreign 
Language Assistance Program shall be available for 5-year grants to 
local educational agencies that would work in partnership with one or 
more institutions of higher education to establish or expand 
articulated programs of study in languages critical to United States 
national security that will enable successful students to advance from 
elementary school through college to achieve a superior level of 
proficiency in those languages: Provided further, That of the funds 
available for section 2103(a) of the ESEA, not less than $5,000,000 
shall be available to continue a national school leadership partnership 
initiative and up to $7,000,000 may be used to carry out a national 
teacher recruitment campaign, as described in the committee report of 
the Senate accompanying this Act.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $129,282,000.

                       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, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), sections 14006 and 14007 of division A of the 
American Recovery and Reinvestment Act of 2009, and by part F of title 
VIII of the Higher Education Act of 1965, $2,224,843,000, of which 
$675,000,000 shall become available on July 1, 2011 and shall remain 
available through September 30, 2012: Provided, That the Secretary of 
Education may use funds available in this Act for section 14006 of 
division A of the American Recovery and Reinvestment Act of 2009 to 
make awards to States or to local educational agencies, or both, in 
accordance with the applicable requirements of that section, as 
determined by the Secretary: Provided further, That the Secretary may 
use funds available in this Act for section 14007 of division A of the 
American Recovery and Reinvestment Act of 2009 to make awards in 
accordance with applicable requirements of that section, as determined 
by the Secretary: Provided further, That $10,649,000 shall be provided 
to the National Board for Professional Teaching Standards to carry out 
section 2151(c) of the ESEA: Provided further, That from funds for 
subpart 4, part C of title II of the ESEA, up to 3 percent shall be 
available to the Secretary for technical assistance and dissemination 
of information: Provided further, That, in carrying out section 2151(b) 
of the ESEA, the Secretary shall establish priorities for eligible 
entities that prepare school leaders to turn around low-performing 
schools, and for eligible entities that prepare school leaders to serve 
in schools in rural areas: Provided further, That $578,987,000 shall be 
available to carry out part D of title V of the ESEA: Provided further, 
That $37,797,000 shall be used for the projects, and in the amounts, 
specified in the committee report of the Senate accompanying this Act: 
Provided further, That $400,000,000 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 non-profit 
organization to develop and implement performance-based compensation 
systems for teachers, principals, and other personnel in high-need 
schools: Provided further, That such performance-based compensation 
systems must consider gains in student academic achievement as well as 
classroom evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to take on 
additional responsibilities and leadership roles: Provided further, 
That recipients of such grants shall demonstrate that such performance-
based systems are developed with the input of teachers and school 
leaders in the schools and local educational agencies to be served by 
the grant: Provided further, 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 enhance the quality and 
success of the compensation system, such as high-quality teacher 
evaluations and tools to measure 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: Provided 
further, That up to 5 percent of such funds for competitive grants 
shall be available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities: Provided 
further, That of the funds available for part B of title V of the ESEA, 
the Secretary shall use up to $23,031,000 to carry out activities under 
section 5205(b) and under subpart 2: Provided 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 charter management 
organizations and other entities that are not for-profit entities for 
the replication and expansion of successful charter school models and 
may reserve up to $10,000,000 to carry out the activities described in 
section 5205(a), including by providing technical assistance to 
authorized public chartering agencies in order to increase the number 
of high-performing charter schools: Provided further, That each 
application submitted pursuant to section 5203(a) shall describe a plan 
to monitor and hold accountable authorized public chartering agencies 
through such activities as providing technical assistance or 
establishing a professional development program, which may include 
planning, training and systems development for staff of authorized 
public chartering agencies to improve the capacity of such agencies in 
the State to authorize, monitor, and hold accountable charter schools: 
Provided further, That each application submitted pursuant to section 
5203(a) shall contain assurances that State law, regulations, or other 
policies require that: (1) each authorized charter school in the State 
operate under a legally binding charter or performance contract between 
itself and the school's authorized public chartering agency that 
describes the obligations and responsibilities of the school and the 
public chartering agency; conduct annual, timely, and independent 
audits of the school's financial statements that are filed with the 
school's authorized public chartering agency; and demonstrate improved 
student academic achievement; and (2) authorized public chartering 
agencies use increases in student academic achievement for all groups 
of students described in section 1111(b)(2)(C)(v) of the ESEA as the 
most important factor when determining to renew or revoke a school's 
charter.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, subpart 2 of part A of title IV, and subparts 1, 2, and 10 of 
part D of title V of the Elementary and Secondary Education Act of 
1965, $426,053,000: Provided, That $229,053,000 shall be available for 
subpart 2 of part A of title IV: Provided further, That $157,000,000 
shall be available to carry out part D of title V: Provided further, 
That funds available to carry out subpart 3 of part C of title II, 
shall be allocated, notwithstanding the distribution requirements of 
section 2343(b)(1) and (2) of the ESEA, as follows: $17,660,000 shall 
be used for section 2344, $13,383,000 shall be used for section 2345, 
$6,000,000 shall be available to the Secretary of Education for 
competitive grants to nonprofit organizations that have demonstrated 
effectiveness in the development, implementation, or research and 
evaluation of civic learning programs, and $2,957,000 shall be used by 
the Center for Civic Education to implement a comprehensive program to 
improve public knowledge, understanding, and support of the Congress 
and the State legislatures: Provided further, That, in administering 
the competition for grants to develop and implement civic learning 
programs described in the preceding proviso, the Secretary shall 
establish priorities for eligible entities that demonstrate innovation, 
scalability, accountability, and a focus on services to underserved 
populations.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965, $800,000,000, which shall become 
available on July 1, 2011, and shall remain available through September 
30, 2012, except that 6.5 percent of such amount shall be available on 
October 1, 2010, and shall remain available through September 30, 2012, 
to carry out activities under section 3111(c)(1)(C): Provided, That the 
Secretary of Education may use estimates of the American Community 
Survey child counts for the most recent 3-year period available to 
calculate allocations under such part.

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, 
$13,035,490,000, of which $4,166,354,000 shall become available on July 
1, 2011, and shall remain available through September 30, 2012, and of 
which $8,592,383,000 shall become available on October 1, 2011, and 
shall remain available through September 30, 2012, for academic year 
2011-2012: Provided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, production, and 
circulation of accessible educational materials: Provided further, That 
$737,000 shall be for the recipient of funds provided by Public Law 
105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to 
the enactment of the Individuals with Disabilities Education 
Improvement Act of 2004) to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, 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 2010, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2010: Provided 
further, That funds made available for the Special Olympics Sport and 
Empowerment Act of 2004 may be used to support expenses associated with 
the Special Olympics National and World games.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,542,510,000: Provided, That 
$1,650,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Rehabilitation Services and Disability 
Research'' in the committee report of the Senate accompanying this Act: 
Provided further, That, of the amounts provided under this heading, 
$27,000,000 shall be available under title II of the Rehabilitation Act 
to the Secretary of Education in cooperation with the Secretary of 
Labor and, as appropriate, other heads of departments and agencies, to 
identify and validate innovative strategies or replicate effective 
evidence-based strategies, including strategies that align and 
strengthen the workforce investment system in order to improve program 
delivery and employment and education outcomes for individuals with 
disabilities.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $24,600,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $64,677,000, of which 
$1,640,000 shall be for construction and shall remain available until 
expended: Provided, That from the total amount available, the Institute 
may at its discretion use funds for the endowment program as authorized 
under section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $128,000,000, of which $10,000,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006, the Adult Education 
and Family Literacy Act (``AEFLA''), and title VIII-D of the Higher 
Education Amendments of 1998, $1,942,541,000, of which $1,151,541,000 
shall become available on July 1, 2011, and shall remain available 
through September 30, 2012, and of which $791,000,000 shall become 
available on October 1, 2011, and shall remain available through 
September 30, 2012: Provided, That of the amount provided for Adult 
Education State Grants, $75,000,000 shall be made available for 
integrated English literacy and civics education services to immigrants 
and other limited English proficient populations: Provided further, 
That of the amount reserved for integrated English literacy and civics 
education, notwithstanding section 211 of the AEFLA, 65 percent shall 
be allocated to States based on a State's absolute need as determined 
by calculating each State's share of a 10-year average of the United 
States Citizenship and Immigration Services data for immigrants 
admitted for legal permanent residence for the 10 most recent years, 
and 35 percent allocated to States that experienced growth as measured 
by the average of the 3 most recent years for which United States 
Citizenship and Immigration Services data for immigrants admitted for 
legal permanent residence are available, except that no State shall be 
allocated an amount less than $60,000: Provided further, That of the 
amounts made available for AEFLA, $41,346,000 shall be for national 
leadership activities under section 243 and, of that amount, 
$30,000,000 shall be available to the Secretary of Education in 
cooperation with the Secretary of Labor and, as appropriate, other 
heads of departments and agencies, to identify and validate innovative 
strategies or replicate effective evidence-based strategies, including 
strategies that align and strengthen the workforce investment system, 
in order to improve program delivery and education and employment 
outcomes for program beneficiaries.

                      Student Financial Assistance

                    (including rescission of funds)

    For carrying out subparts 1, 3, and 4 of part A, and part C of 
title IV of the Higher Education Act of 1965, $19,453,809,000, which 
shall remain available through September 30, 2012: Provided, That, 
notwithstanding section 406(b) of H. Con. Res. 95 (109th Congress), the 
amount of new budget authority for the Federal Pell Grant program for 
fiscal year 2011 counted against this Act shall be equal to the 
appropriation provided under this heading.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2011-2012 shall be $4,860.
    Of the funds made available under section 401A(e)(1)(D) of the 
Higher Education Act of 1965, $617,000,000 is rescinded.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 4, 9, and 10 of part A, and parts B, C, D, and E of 
title IV of the Higher Education Act of 1965, $1,048,078,000: Provided, 
That unobligated balances of funds provided under this paragraph at the 
end of fiscal year 2011 not needed for fiscal year 2011 shall remain 
available until expended to invest in Federal Student Aid information 
technology hardware and software infrastructure, including related 
equipment and non-payroll administrative expenses associated with this 
information technology infrastructure.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965 
(``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, $2,243,895,000: Provided, That $9,687,000, to remain 
available through September 30, 2012, shall be available to fund 
fellowships for academic year 2012-2013 under subpart 1 of part A of 
title VII of the HEA, under the terms and conditions of such subpart 1: 
Provided further, That $609,000 shall be for data collection and 
evaluation activities for programs under the HEA, including such 
activities needed to comply with the Government Performance and Results 
Act of 1993: 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 
Exchange Act of 1961 may be used to support visits and study in foreign 
countries by individuals who are participating in advanced foreign 
language training and international 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 government, 
the professions, or international development: Provided further, That 
of the funds referred to in the preceding proviso up to 1 percent may 
be used for program evaluation, national outreach, and information 
dissemination activities: Provided further, That, of the funds 
appropriated under this heading, not less than $2,000,000 shall be made 
available for the Department of Education to expand study abroad, 
pursuant to section 604(b) of the HEA and that the Secretary of 
Education may waive limitations of grants to awardees under 604(c)(2) 
of that Act: Provided further, That, of the funds referred to in the 
preceding proviso, notwithstanding section 635 of the HEA, the 
Secretary may use up to 10 percent of available funds for program 
administration including national outreach and evaluation: 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 effect prior to the date of enactment of the Higher Education 
Opportunity Act (``HEOA''), that would have otherwise received a 
continuation award for fiscal year 2011 under that section, shall 
receive under section 316, as amended by the HEOA, not less than the 
amount that such recipient would have received 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: Provided 
further, That $40,561,000 shall be used for the projects, and in the 
amounts, specified under the heading ``Higher Education'' in the 
committee report of the Senate accompanying this Act: Provided further, 
That $1,750,000 shall be used for the programs specified under the 
``Fund for the Improvement of Post Secondary Education'' in the 
committee report of the Senate accompanying this Act in accordance with 
the specified sections: Provided, That notwithstanding section 721(c) 
of the HEA, funds to carry out the Thurgood Marshall Legal Education 
Opportunity Program under section 721 shall be awarded competitively, 
and any recipient shall be authorized to award subcontracts and 
subgrants under section 721(f).

                           Howard University

    For partial support of Howard University, $234,977,000, 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 activities related 
to existing facility loans pursuant to section 121 of the Higher 
Education Act of 1965, $461,000.

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $20,228,000, as authorized 
pursuant to part D of title III of the Higher Education Act of 1965 
(``HEA''): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $279,393,000.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $354,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $722,756,000, to remain available through September 30, 
2012: Provided, That funds available to carry out section 208 of the 
Educational Technical Assistance Act may be used for Statewide data 
systems that include postsecondary and workforce information and 
information on children of all ages: Provided further, That up to 
$10,000,000 of the funds available to carry out section 208 of the 
Educational Technical Assistance Act may be used for State data 
coordinators and for awards to public or private organizations or 
agencies to improve data coordination, quality, and use: Provided 
further, That notwithstanding section 174(d) and (e) of the Education 
Sciences Reform Act of 2002, $72,650,000 may be used to continue the 
contracts for the Regional Educational Laboratories for one additional 
year.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $489,791,900, of which $19,275,000, to remain 
available until expended, shall be for relocation of, and renovation of 
buildings occupied by, Department staff.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $105,700,000.

                    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, $65,238,000.

                           General Provisions

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

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.
    Sec. 305.  The Outlying Areas may consolidate funds received under 
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the 
Elementary and Secondary Education Act.

                     (including transfer of funds)

    Sec. 306.  For an additional amount for the ``Program 
Administration'' account, $2,696,100, to increase the Department's 
acquisition workforce capacity and capabilities: Provided, That such 
funds may be transferred by the Secretary to any other account in the 
Department to carry out the purposes provided herein: Provided further, 
That such transfer authority is in addition to any other transfer 
authority provided in this Act: Provided further, That such funds shall 
be available only to supplement and not to supplant existing 
acquisition workforce activities: Provided further, That such funds 
shall be available for training, recruitment, retention, and hiring 
additional members of the acquisition workforce as defined by the 
Office of Federal Procurement Policy Act, as amended: Provided further, 
That such funds shall be available for information technology in 
support of acquisition workforce effectiveness or for management 
solutions to improve acquisition management: Provided further, That the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified at least 15 days in advance of any 
transfer.
    Sec. 307.  Notwithstanding any other provision of law--
            (1) In general.--The Health Education Assistance Loan 
        (HEAL) program under title VII, part A, subpart I of the Public 
        Health Service Act, and the authority to administer such 
        program, including servicing, collecting, and enforcing any 
        loans that were made under such program that remain 
        outstanding, shall be transferred from the Secretary of Health 
        and Human Services to the Secretary of Education;
            (2) Transfer of functions, assets, and liabilities.--The 
        functions, assets, and liabilities of the Secretary of Health 
        and Human Services relating to such program shall be 
        transferred to the Secretary of Education;
            (3) Interdepartmental coordination of transfer.--The 
        Secretary of Health and Human Services and the Secretary of 
        Education shall carry out the transfer of the HEAL program 
        described in paragraph (1), including the transfer of the 
        functions, assets, and liabilities specified in paragraph (2), 
        in the manner that they determine is most appropriate; and
            (4) Use of authorities under higher education act of 
        1965.--In servicing, collecting, and enforcing the loans 
        described in paragraph (1), the Secretary of Education shall 
        have available any and all authorities available to such 
        Secretary in servicing, collecting, or enforcing a loan made, 
        insured, or guaranteed under part B of title IV of the Higher 
        Education Act of 1965.
    Sec. 308. (a) In General.--The Secretary, in consultation with the 
Secretary of Health and Human Services, shall establish an Early 
Learning Challenge Fund to award competitive grants to States that 
propose to provide an integrated system of high-quality early learning 
programs and services and to develop, implement or advance a statewide 
quality rating and improvement system for early learning programs.
    (b) State Applications.--In order to be considered for a grant 
under this section, a State's application shall include a plan that 
includes the following--
            (1) A description of the quantifiable goals and benchmarks 
        that the State will establish to demonstrate that receiving a 
        grant under this section will lead to a greater number and 
        percentage of low-income and disadvantaged children in each age 
        group of infants, toddlers, and preschoolers enrolled in high-
        quality early learning programs, and an increase in the number 
        of high-quality early learning programs in low-income 
        communities.
            (2) A description of how the State will implement a 
        governance structure and an integrated system of high-quality 
        early learning programs and services that includes the 
        following components--
                    (A) State early learning standards and program 
                quality standards;
                    (B) A tiered program quality rating and improvement 
                system;
                    (C) A comprehensive plan that promotes nutrition 
                and wellness for children in early learning programs;
                    (D) A comprehensive plan for supporting 
                professional preparation and the ongoing professional 
                development of an effective, well-compensated early 
                learning workforce; and
                    (E) Strategies to ensure the active engagement of 
                parents and families in the learning and development of 
                their children including their understanding of the 
                State's quality rating and improvement system.
            (3) An assurance that the State will continue to 
        participate in section 619, of part B and part C of the 
        Individuals with Disabilities Education Act for the duration of 
        the grant.
            (4) An assurance that grant funds received will be used 
        only to supplement, and not supplant, Federal, State, and local 
        funds otherwise available to support early learning programs 
        and services.
            (5) An assurance that for each fiscal year for which a 
        State receives funds under this section the expenditures by the 
        State on early learning programs for such fiscal year shall not 
        be less than the level of expenditures for such programs for 
        fiscal year 2011.
    (c) Criteria Used in Awarding Grants.--In awarding grants to States 
under this section, the Secretary shall evaluate applications and award 
grants under such section on a competitive basis based on--
            (1) The quality of the application submitted;
            (2) Evidence of significant progress in establishing and 
        committing to maintain a high-quality system of early learning 
        for children that integrates the components described in 
        section (b)(2); and
            (3) The State's capacity to fully implement such system.
    (d) States Uses of Funds.--A State receiving a grant under this 
section shall use the grant (and may make subgrants) to develop and 
enhance the components of the high-quality early learning system 
described in subsection (b)(2) to improve the quality of early learning 
programs and services serving disadvantaged children.
    (e) Reservations of Federal Funds.--The Secretary shall reserve not 
more than 2 percent to administer this section jointly with the 
Secretary of Health and Human Services for expenses of both agencies.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated, $300,000,000 to carry out this section in fiscal year 
2011.
    Sec. 309. (a) Section 206 of the Department of Education 
Organization Act (20 U.S.C. 3416) is amended--
            (1) by striking out the heading and inserting ``Office of 
        Career, Technical, and Adult Education'';
            (2) by striking out ``Office of Vocational and Adult 
        Education'' and inserting ``Office of Career, Technical, and 
        Adult Education'';
            (3) by striking out ``Assistant Secretary for Vocational 
        and Adult Education'' and inserting ``Assistant Secretary for 
        Career, Technical, and Adult Education''; and
            (4) by striking out ``vocational and adult education'' each 
        place it appears and inserting ``career, technical, and adult 
        education''.
    (b) Section 202 of the Department of Education Organization Act (20 
U.S.C. 3412) is amended--
            (1) in subsection (b)(1)(C), by striking out ``Assistant 
        Secretary for Vocational and Adult Education'' and inserting 
        ``Assistant Secretary for Career, Technical, and Adult 
        Education''; and
            (2) in subsection (h), by striking out ``Assistant 
        Secretary for Vocational and Adult Education'' each place it 
        appears and inserting ``Assistant Secretary for Career, 
        Technical, and Adult Education''.
    (c) Section 1 of the Department of Education Organization Act (20 
U.S.C. 3401 note) is amended by striking out the entry for section 206 
and inserting ``Sec. 206. Office of Career, Technical, and Adult 
Education.''.
    (d) Section 114(b)(1) of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2324(b)(1)) is amended by striking out 
``Office of Vocational and Adult Education'' and inserting ``Office of 
Career, Technical, and Adult Education''.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2011''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,771,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (``the Corporation'') to carry out the Domestic 
Volunteer Service Act of 1973 (``1973 Act'') and the National and 
Community Service Act of 1990 (``1990 Act''), $982,400,000, and 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management 
of the grants cycle; (2) $60,000,000 shall be available for expenses 
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $11,000,000 
shall be available for expenses to carry out sections 112(e), 179A, and 
198O and subtitle J of title I of the 1990 Act, notwithstanding section 
501(a)(6) of the 1990 Act; (4) $6,000,000 shall be available for grants 
to public or private nonprofit institutions to increase the 
participation of individuals with disabilities in national service and 
for demonstration activities in furtherance of this purpose, 
notwithstanding section 129(k)(1) of the 1990 Act; (5) $18,000,000 
shall be available to provide assistance to State commissions on 
national and community service, under section 126(a) of the 1990 Act 
and notwithstanding section 501(a)(5)(B) of the 1990 Act; and (6) 
$10,000,000 shall be available for expenses authorized under section 
501(a)(4)(F) of the 1990 Act.

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the National and Community Service Act 
of 1990 (``1990 Act''), $271,186,000, to remain available until 
expended: Provided, That the Corporation for National and Community 
Service may transfer additional funds from the amount provided within 
``Operating Expenses'' allocated to grants under subtitle C of title I 
of the 1990 Act to the National Service Trust upon determination that 
such transfer is necessary to support the activities of national 
service participants and after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the Senate:  
Provided further, That amounts appropriated for or transferred to the 
National Service Trust may be invested under section 145(b) of the 1990 
Act without regard to the requirement to apportion funds under 31 
U.S.C. 1513(b).

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the National and Community Service Act of 1990 and under 
section 504(a) of the Domestic Volunteer Service Act of 1973, including 
payment of salaries, authorized travel, hire of passenger motor 
vehicles, the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 5 U.S.C. 
3109, and not to exceed $2,500 for official reception and 
representation expenses, $103,000,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $9,000,000.

                       administrative provisions

    Sec. 401.  The Corporation for National and Community Service 
(``the Corporation'') shall make any significant changes to program 
requirements, service delivery or policy only through public notice and 
comment rulemaking. For fiscal year 2011, during any grant selection 
process, an officer or employee of the Corporation shall not knowingly 
disclose any covered grant selection information regarding such 
selection, directly or indirectly, to any person other than an officer 
or employee of the Corporation that is authorized by the Corporation to 
receive such information.
    Sec. 402.  Donations made to the Corporation for National and 
Community Service under section 196 of the National and Community 
Service Act of 1990 (``1990 Act'') for the purposes of financing 
programs and operations under titles I and II of the 1973 Act or 
subtitle B, C, D, or E of title I of the 1990 Act shall be used to 
supplement and not supplant current programs and operations.
    Sec. 403.  In addition to the requirements in section 146(a) of the 
1990 Act, use of an educational award for the purpose described in 
section 148(a)(4) shall be limited to individuals who are veterans as 
defined under section 101 of the Act.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting 
(``Corporation''), as authorized by the Communications Act of 1934, an 
amount which shall be available within limitations specified by that 
Act, for the fiscal year 2013, $460,000,000: Provided, That none of the 
funds made available to the Corporation by this Act shall be used to 
pay for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds made available to the Corporation by this Act shall be available 
or used to aid or support any program or activity from which any person 
is excluded, or is denied benefits, or is discriminated against, on the 
basis of race, color, national origin, religion, or sex: Provided 
further, That none of the funds made available to the Corporation by 
this Act shall be used to apply any political test or qualification in 
selecting, appointing, promoting, or taking any other personnel action 
with respect to officers, agents, and employees of the Corporation: 
Provided further, That none of the funds made available to the 
Corporation by this Act shall be used to support the Television Future 
Fund or any similar purpose: Provided further, That for fiscal year 
2011, in addition to the amounts provided above, $36,000,000 shall be 
provided for costs related to digital program production, development, 
and distribution, associated with the transition of public broadcasting 
to digital broadcasting, to be awarded as determined by the Corporation 
in consultation with public radio and television licensees or 
permittees, or their designated representatives.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$48,025,000, including $750,000, to remain available through September 
30, 2012, for activities authorized by the Labor-Management Cooperation 
Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organizations, 
and for arbitration services shall be credited to and merged with this 
account, and shall remain available until expended: Provided further, 
That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $15,755,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$270,619,000, of which $4,750,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Office of Museum and 
Library Services: Grants and Administration'' in the committee report 
of the Senate accompanying this Act.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $12,700,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,337,000.

               National Health Care Workforce Commission

                         salaries and expenses

    For expenses necessary for the National Health Care Workforce 
Commission as authorized by section 5101 of the Patient Protection and 
Affordable Care Act, as amended, $3,000,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $287,100,000: Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, 
and as defined in section 3(f) of the Act of June 25, 1938, and 
including in said definition employees engaged in the maintenance and 
operation of ditches, canals, reservoirs, and waterways when maintained 
or operated on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$13,772,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $12,051,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $57,000,000, 
which shall include amounts becoming available in fiscal year 2011 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits: Provided, That the total 
amount provided herein shall be credited in 12 approximately equal 
amounts on the first day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2012, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

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

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $8,936,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$21,404,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$40,513,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2012, $13,400,000,000, to 
remain available until expended.

                 limitation on administrative expenses

                    (including rescission of funds)

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $20,000 for official reception and 
representation expenses, not more than $12,191,000,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,300,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2011 not needed for fiscal 
year 2011 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    From funds provided under the first paragraph, not less than 
$796,000,000 shall be available for the cost associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act, for the cost associated with conducting redeterminations 
of eligibility under title XVI of the Social Security Act, and to 
complete implementation of asset verification initiatives: Provided, 
That the Commissioner shall provide to the Congress (at the conclusion 
of the fiscal year) a report on the obligation and expenditure of these 
amounts, similar to the reports that were required by section 103(d)(2) 
of Public Law 104-121 for fiscal years 1996 through 2002.
    In addition, $185,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2011 
exceed $185,000,000, the amounts shall be available in fiscal year 2012 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.
    Upon enactment of this Act, $250,000,000 of the unobligated 
balances of funds that were provided under this heading in prior 
appropriation Acts (other than Public Law 111-5) shall be made part of 
and merged with funds available without fiscal year limitation for 
investment in information technology and telecommunications hardware 
and software infrastructure, and of such funds, $250,000,000 are 
rescinded.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$30,000,000, together with not to exceed $76,122,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and expenses''.
    Sec. 505.  None of the funds contained in this Act may be used 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. 506.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual healthcare entity to discrimination on the 
basis that the healthcare entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``healthcare entity'' includes an 
individual physician or other healthcare professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of healthcare facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a healthcare provider), until legislation is 
enacted specifically approving the standard.
    Sec. 512.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 513.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514.  None of the funds made available by this Act to carry 
out the Library Services and Technology Act may be made available to 
any library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 515.  None of the funds made available by this Act to carry 
out part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 516. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2011, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2011, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 518.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $500,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2011, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 519.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.124 of title 41, Code of Federal 
Regulations.
    Sec. 520.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the 3 years preceding the certification, 
has not been convicted of a criminal offense under the Internal Revenue 
Code of 1986, and has not, more than 90 days prior to certification, 
been notified of any unpaid Federal tax assessment for which the 
liability remains unsatisfied, unless the assessment is the subject of 
an installment agreement or offer in compromise that has been approved 
by the Internal Revenue Service and is not in default, or the 
assessment is the subject of a non-frivolous administrative or judicial 
proceeding.

                     (including transfer of funds)

    Sec. 521.  For an additional amount for the ``Social Security 
Administration Limitation on Administrative Expenses'' account, 
$1,863,280, to increase the Social Security Administration's 
acquisition workforce capacity and capabilities: Provided, That such 
funds may be transferred by the Commissioner to any other account in 
the Social Security Administration to carry out the purposes provided 
herein: Provided further, That such transfer authority is in addition 
to any other transfer authority provided in this Act: Provided further, 
That such funds shall be available only to supplement and not to 
supplant existing acquisition workforce activities: Provided further, 
That such funds shall be available for training, recruitment, 
retention, and hiring additional members of the acquisition workforce 
as defined by the Office of Federal Procurement Policy Act, as amended: 
Provided further, That such funds shall be available for information 
technology in support of acquisition workforce effectiveness or for 
management solutions to improve acquisition management.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2011''
                                                       Calendar No. 504

111th CONGRESS

  2d Session

                                S. 3686

                          [Report No. 111-243]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2011, and for other purposes.

_______________________________________________________________________

                             August 2, 2010

                       Reported with an amendment