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:
<enum>I</enum><header display-inline="no-display-inline">Department of Labor</header>
<appropriations-intermediate commented="no" id="H5581A9C140014CF982F2DC839BC00325"><header display-inline="yes-display-inline">Employment and training
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE96E19DA9B06488D86162AB8C5059331"><header display-inline="yes-display-inline">Training and employment
services</header>
</appropriations-small><appropriations-small commented="no" id="HDC77B0BCDF604952B36A4DAA58B7166E"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">For necessary expenses of the Workforce
Investment Act of 1998 (<quote>WIA</quote>), 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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC474F0463D6D4855979D2CB69885F070"><enum>(1)</enum><text display-inline="yes-display-inline">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:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HE0FB951C90C34B308AF31B9A9565DB4E"><enum>(A)</enum><text display-inline="yes-display-inline">$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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HDF7DD95838D7460899F317D81F2FBE4F"><enum>(B)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HD43B6B08768E4C76B74E40E9A80654EB"><enum>(C)</enum><text display-inline="yes-display-inline">$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:</text>
</subparagraph><continuation-text commented="no" continuation-text-level="paragraph"><proviso><italic>Provided,</italic></proviso>
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:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
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;</continuation-text></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H86725FEC13464091A82203C464ABFBBA"><enum>(2)</enum><text display-inline="yes-display-inline">for federally administered programs,
$482,538,000 as follows:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H038472C6DA704C5C8B42CD049D5C023F"><enum>(A)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That none of the funds shall be obligated to carry out section 173(e) of the
WIA;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HAD47C8BA56CA437FABCFCBA1B6F78AEB"><enum>(B)</enum><text display-inline="yes-display-inline">$55,000,000
for Native American programs, which shall be available for the period July 1,
2011 through June 30, 2012;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HF157F9DFE2294057AFF7BA368B007AB9"><enum>(C)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H4425A8EE20F243B0BC25588B138D33CE"><enum>(D)</enum><text display-inline="yes-display-inline">$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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H2B68A359C5C84C7485D507FDB3CD0666"><enum>(E)</enum><text display-inline="yes-display-inline">$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;</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="HEA6041BDDE0A48CFB4D402E0ED2B2112"><enum>(3)</enum><text display-inline="yes-display-inline">for national activities,
$261,909,000 as follows:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HEBE7D18EF1CC451C9F1F1C1CA9D62CC8"><enum>(A)</enum><text display-inline="yes-display-inline">$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 <quote>Training and
Employment Services</quote> in the committee report of the Senate accompanying
this Act:
<proviso><italic>Provided</italic></proviso>, 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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HF2EF3AD6D3F94EEBADA8D476D555A6F6"><enum>(B)</enum><text display-inline="yes-display-inline">$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);</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H4C6BB9F6F4EC44C6A8FAFF4EC6E2706B"><enum>(C)</enum><text display-inline="yes-display-inline">$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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H457BB3E54A1640BBB780DB7A71D1FB29"><enum>(D)</enum><text display-inline="yes-display-inline">$11,600,000
for Evaluation, which shall be available for the period July 1, 2011 through
June 30, 2012; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HD71B67AA6FC7405F875C90F05B224B70"><enum>(E)</enum><text display-inline="yes-display-inline">$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).</text>
</subparagraph></paragraph></appropriations-small><appropriations-small commented="no" id="H1F485B5B019F450FA9FF9A53675BD185"><header display-inline="yes-display-inline">Office of job
corps</header>
</appropriations-small><appropriations-small commented="no" id="idBCC88770CDEE448EBB9A8B18C29F6EE8"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H81627ED2857C494CA3E538397A376668"><enum>(1)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H653B9F71681C496B9090CF9C0364A96B"><enum>(2)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic>,</proviso> That the Secretary of
Labor may transfer up to 15 percent of such funds to meet the operational needs
of such centers:
<proviso><italic>Provided further</italic>,</proviso>
That any funds transferred pursuant to the preceding proviso shall not be
available for obligation after June 30, 2012; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H46F3ECDEF33B4B90A2FAB1CF56E9910F"><enum>(3)</enum><text display-inline="yes-display-inline">$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:</text>
</paragraph><subsection id="LEXA-RepairidBEFE4BE01EB647BD88C0661BCC39D5BF"><enum></enum><continuation-text commented="no" continuation-text-level="subsection"><proviso><italic>Provided,</italic></proviso>
That no funds from any other appropriation shall be used to provide meal
services at or for Job Corps centers.</continuation-text></subsection></appropriations-small><appropriations-small commented="no" id="H05FF47CAB6FB4563AF999D99C541D0D4"><header display-inline="yes-display-inline">Community service employment for older
americans</header><text display-inline="no-display-inline">To carry out title V
of the Older Americans Act of 1965 (<quote>OAA</quote>),
$600,425,000, which shall be available for the
period July 1, 2011 through June 30, 2012:
<proviso><italic>Provided</italic></proviso>, That funds made available
under this heading may, in accordance with section 517(c) of the OAA, be
recaptured and reobligated.</text>
</appropriations-small><appropriations-small commented="no" id="HB050445236784BD3AEB74E53282D9719"><header display-inline="yes-display-inline">Federal unemployment benefits and
allowances</header><text display-inline="no-display-inline">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
<act-name parsable-cite="TA74">Trade Act of 1974</act-name>, 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
<act-name parsable-cite="TA74">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</act-name>,
$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.</text>
</appropriations-small><appropriations-small commented="no" id="H74372A6CCFF44F2BB75BCB5C25B4BC13"><header display-inline="yes-display-inline">State unemployment insurance and employment
service operations</header><text display-inline="no-display-inline">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 (<quote>the Trust Fund</quote>), of
which:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H1DBD7C5F43BE49F49203C197641291E4"><enum>(1)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic>,</proviso> 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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H676EF5B8219F42079C0D56ECB6C5E209"><enum>(2)</enum><text display-inline="yes-display-inline">$11,310,000
from the Trust Fund is for national activities necessary to support the
administration of the Federal-State unemployment insurance system;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H1614D67C563B471288FFA02835F44185"><enum>(3)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HD0478A6C5525406B9FB7645A7E93A960"><enum>(4)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H30154BEDCD404A3EBC0E5CF7C9726410"><enum>(5)</enum><text display-inline="yes-display-inline">$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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H6AF0227978F04CCABD32D1B0D59BE54C"><enum>(6)</enum><text display-inline="yes-display-inline">$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:</text>
</paragraph><subsection id="LEXA-Repairid3DDFDDF840494C1392AB9B7F1F115D72"><enum></enum><continuation-text commented="no" continuation-text-level="subsection"><proviso><italic>Provided</italic></proviso>,
That to the extent that the Average Weekly Insured Unemployment
(<quote>AWIU</quote>) 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 <act-name parsable-cite="SSA">Social Security Act</act-name>:
<proviso><italic>Provided further</italic></proviso>,
That funds appropriated in this Act that are allotted to a State to carry out
activities under title III of the <act-name parsable-cite="SSA">Social Security
Act</act-name> 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:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Labor may use funds appropriated for grants to States
under title III of the <act-name parsable-cite="SSA">Social Security
Act</act-name> 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:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That funds appropriated under this Act for activities authorized under title
III of the <act-name parsable-cite="SSA">Social Security Act</act-name> 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:
<proviso><italic>Provided further,</italic></proviso>
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 <act-name parsable-cite="SSA">Social Security Act</act-name> 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.</continuation-text></subsection></appropriations-small><appropriations-small commented="no" id="id32C0BC14D035490DABC32855F490697B"><header display-inline="yes-display-inline">State paid leave fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That the Secretary of
Labor may reserve not more than 1 percent for administration related to such
grants.</text>
</appropriations-small><appropriations-small commented="no" id="H153EA7C1B20A4D3F8FF4D5D4256B1230"><header display-inline="yes-display-inline">Advances to the unemployment trust fund and
other funds</header><text display-inline="no-display-inline">For repayable
advances to the Unemployment Trust Fund as authorized by sections 905(d) and
1203 of the <act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<quote>Federal Unemployment Benefits and Allowances</quote> account, such sums
as may be necessary, which shall be available for obligation through September
30, 2012.</text>
</appropriations-small><appropriations-small commented="no" id="H7A11CF29185147C2936B75C79FA81422"><header display-inline="yes-display-inline">Program administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HEC2F84D9A9054200ABEF52A23BB1323B"><header display-inline="yes-display-inline">Employee benefits security
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H0AF252337F2F4988A1C4347829111DF5"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses for the Employee
Benefits Security Administration,
$161,995,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H15FDCCC4ED294D61B0CDFF3670F7FC72"><header display-inline="yes-display-inline">Pension Benefit Guaranty
Corporation</header>
</appropriations-intermediate><appropriations-small commented="no" id="HCF6427DA55D54938B899049C5FA218AE"><header display-inline="yes-display-inline">Pension benefit guaranty corporation
fund</header><text display-inline="no-display-inline">The Pension Benefit
Guaranty Corporation (<quote>Corporation</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HF394960EA43F4CDF86277A566034C1FF"><header display-inline="yes-display-inline">Wage and hour
division</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA41A9B231FBF450994A5DA517F85579D"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H1D1B9E665D5E4EE98B0BA8703FDAB8C7"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id367DE347AC5D4149976A0674B94DC4F6"><header display-inline="yes-display-inline">Office of labor management
standards</header>
</appropriations-intermediate><appropriations-small commented="no" id="id97CC1A09FFBA4CA2A35B02F1A1011D3A"><header display-inline="yes-display-inline">SALARIES AND EXPENSES</header><text display-inline="no-display-inline">For necessary expenses for the Office of
Labor Management Standards,
$45,181,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id7960AD98E0134031B2F730518D7F03BB"><header display-inline="yes-display-inline">Office of federal contract compliance
programs</header>
</appropriations-intermediate><appropriations-small commented="no" id="id6FDECD219D67493283E7610BB687A1F0"><header display-inline="yes-display-inline">SALARIES AND EXPENSES</header><text display-inline="no-display-inline">For necessary expenses for the Office of
Federal Contract Compliance Programs,
$112,433,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id8A9FDBC3EC7B4C8BBECF2136A660A65D"><header display-inline="yes-display-inline">Office of workers' compensation
programs</header>
</appropriations-intermediate><appropriations-small commented="no" id="idA6A545E7837C4E98B349E9978828EA05"><header display-inline="yes-display-inline">SALARIES AND EXPENSES</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H0F9286C8DF2545B9B6516E6F94F1FEA2"><header display-inline="yes-display-inline">Administrative expenses, energy employees
occupational illness compensation fund</header><text display-inline="no-display-inline">For necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program Act,
$53,778,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HD1436489A09B462FB2C1034EAABF7271"><header display-inline="yes-display-inline">Special
benefits</header>
</appropriations-small><appropriations-small commented="no" id="H3DB280CA1E8342E1B58C9095AB0AEBAF"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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 <quote>Civilian War Benefits</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
balances of reimbursements unobligated on September 30, 2010, shall remain
available until expended for the payment of compensation, benefits, and
expenses:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC0CF70CDF9144041840B170A3520BC71"><enum>(1)</enum><text display-inline="yes-display-inline">For enhancement and maintenance of
automated data processing systems and telecommunications systems,
$17,318,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H3B8668D12EF946F3BA885D82AFD4265E"><enum>(2)</enum><text display-inline="yes-display-inline">For automated workload processing
operations, including document imaging, centralized mail intake, and medical
bill processing, $25,973,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H78FD0F40B643468DAD4B9B2C4E0B9167"><enum>(3)</enum><text display-inline="yes-display-inline">For periodic roll management and medical
review, $15,073,000; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCD1A39D118F8481FA3BECE4620EAA9EF"><enum>(4)</enum><text display-inline="yes-display-inline">The remaining funds shall be paid into the
Treasury as miscellaneous receipts:</text>
</paragraph><subsection id="LEXA-Repairid41808F577DE641AC8F50097DC408AE1A"><enum></enum><continuation-text commented="no" continuation-text-level="subsection"><proviso><italic>Provided further</italic></proviso>, 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.</continuation-text></subsection></appropriations-small><appropriations-small commented="no" id="H34EF78F355BB4901AEA7031FB2DE6582"><header display-inline="yes-display-inline">Special benefits for disabled coal
miners</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For making benefit
payments under title IV for the first quarter of fiscal year 2012,
$41,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="HBC7D834F9A4F4BB6A2846AF2FFB5A246"><header display-inline="yes-display-inline">Black lung disability trust
fund</header>
</appropriations-small><appropriations-small commented="no" id="HCC95BBF48FA3446AA2ED2752E74011E0"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">In fiscal year 2011, such sums as may be
necessary from the Black Lung Disability Trust Fund (<quote>Fund</quote>), 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, <quote>Salaries and Expenses</quote>; not to
exceed $25,394,000 for transfer to Departmental
Management, <quote>Salaries and Expenses</quote>; not to exceed
$327,000 for transfer to Departmental
Management, <quote>Office of Inspector General</quote>; and not to exceed
$356,000 for payments into miscellaneous
receipts for the expenses of the Department of the
Treasury.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H059E58F4E6EB4B5DA6B97EDB09936FB1"><header display-inline="yes-display-inline">Occupational safety and health
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H9E24BB46AA994AF58D8EBCEB672D6A2A"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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 (<quote>Act</quote>), 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H4067EEED98E046E4B36FA87FA8AB33DB"><enum>(1)</enum><text display-inline="yes-display-inline">to provide, as authorized by the Act,
consultation, technical assistance, educational and training services, and to
conduct surveys and studies;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H367F506FB5544F07AFE7476B1FFE2436"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H02A0C9D463F240A6852EE278293964D8"><enum>(3)</enum><text display-inline="yes-display-inline">to take any action authorized by the Act
with respect to imminent dangers;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H5AC537E98ACD441B8662AFF4D68F2630"><enum>(4)</enum><text display-inline="yes-display-inline">to take any action authorized by the Act
with respect to health hazards;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF32D9B86F56B4537B7D77E36BAFFDD2D"><enum>(5)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H79D7FAD1D4F1487ABCF31AF2A57462D5"><enum>(6)</enum><text display-inline="yes-display-inline">to take any action authorized by the Act
with respect to complaints of discrimination against employees for exercising
rights under the Act:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid56B2B814AE604EBCBD19EC8616125FFA"><continuation-text commented="no" continuation-text-level="section"><proviso><italic>Provided
further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That $11,000,000 shall be available for Susan
Harwood training grants.</continuation-text></section><appropriations-intermediate commented="no" id="H6EF9F2A3A4CC422495F50A5D1A3FF26F"><header display-inline="yes-display-inline">Mine safety and health
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H88092FAA60B44B13A0247F180EA80041"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H21E78C0018E14101B93268F743F51B3A"><header display-inline="yes-display-inline">Bureau of labor
statistics</header>
</appropriations-intermediate><appropriations-small commented="no" id="H7EC390AFECA84FEA81241B6A325B90FE"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HC1C4561A7B8844B1AB25002F5B373976"><header display-inline="yes-display-inline">Office of disability employment
policy</header>
</appropriations-intermediate><appropriations-small commented="no" id="H64506A59F61D4AAC947730FC6FFCBAA7"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE5E0BB9D7E2249C7A2EFBBF16778706C"><header display-inline="yes-display-inline">Departmental
management</header>
</appropriations-intermediate><appropriations-small commented="no" id="H25CEBDF1AE6D4D4C8019798EFBCE937C"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H5287EC7DCA47401AA9CAD2F95FC73A05"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Labor may transfer up to $7,200,000 of the funds
available under this heading for legal services to the <quote>Mine Safety and
Health Administration</quote> 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 (<quote>POV</quote>) status, and enhanced enforcement under the POV
process:
<proviso><italic>Provided further</italic>,</proviso> That
$66,500,000 for the Bureau of International
Labor Affairs shall be available for obligation through December 31, 2011:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That
$36,300,000 shall be used for program
evaluation, of which $26,300,000 shall be
available for obligation through September 30, 2012:
<proviso><italic>Provided further</italic></proviso>, That
funds available for program evaluation may be transferred to any other
appropriate account in the Department for such
purpose.</text>
</appropriations-small><appropriations-small commented="no" id="H0FC90327A6AC4752B66175882AD423ED"><header display-inline="yes-display-inline">Veterans employment and
training</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HCA602352BCAE42DDB92D6D049EDBB788"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HB49AC20AF1B8496CAB8DD087082F83A7"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HA341F6A146D34DE295E6E54047F8DD67"><header display-inline="yes-display-inline">General
provisions</header>
</appropriations-intermediate><appropriations-small commented="no" id="H43969BF5E7924364AF131D7CA6AB9AC5"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H77E6363D48E54D92BCA55207D0252F00" section-type="subsequent-section"><enum>101.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That the Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.</text>
</section><section commented="no" display-inline="no-display-inline" id="H8AE6F72209A6411F86D684174EF8EC1D" section-type="subsequent-section"><enum>102.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H0E76F76336054F93B01B8DECF05DBA1F" section-type="subsequent-section"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H8E524CEDFE2640F7963C63803EC944C5" section-type="subsequent-section"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H01700B534345487BBC6A256719A7AEA0" section-type="subsequent-section"><enum>105.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3EE08C3E576948FBA5726357CD8F8829"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
under the heading <quote>Employment and Training Administration</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id65277EFFC9664482AA102749FF11C36B"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HDB40110B7D8447EAAF149E75637DDD01" section-type="subsequent-section"><enum>106.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="HA7515F1C5200475C881BF5A37E2B82F9"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id5AE9F84601F843B8A7C392B07CCD68F7" section-type="subsequent-section"><enum>107.</enum><text display-inline="yes-display-inline">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 <quote>Program
Administration</quote> when it is determined that those services will be more
efficiently performed by Federal staff.</text>
<appropriations-small commented="no" id="id66F0B8998B694633A291EFC2B82FE134"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id6D44FB58631B4870B39ED99EF9791453" section-type="subsequent-section"><enum>108.</enum><text display-inline="yes-display-inline">For an additional amount for the
<quote>Departmental Management, Working Capital Fund</quote> account,
$4,536,900, to increase the Department's
acquisition workforce capacity and capabilities:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
That such transfer authority is in addition to any other transfer authority
provided in this Act:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available for information technology in support of
acquisition workforce effectiveness or for management solutions to improve
acquisition management:
<proviso><italic>Provided further</italic>,</proviso>
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.</text>
<appropriations-small commented="no" id="id3C6CCE508A1A40749DDAFEA1CE5F92BC"><header display-inline="yes-display-inline">(rescission of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id80130C8446104D469EFEE44FB6D6D93C" section-type="subsequent-section"><enum>109.</enum><text display-inline="yes-display-inline">The language under the <quote>Working
Capital Fund</quote> heading in Public Law 85–67, as amended, is further
amended by deleting the following: <quote>:
<proviso><italic>Provided further</italic>,</proviso>
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</quote>:
<proviso><italic>Provided</italic>,</proviso> That
$3,900,000 in unobligated balances for the IRF
is rescinded:
<proviso><italic>Provided further</italic>,</proviso>
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.</text>
<subsection commented="no" display-inline="no-display-inline" id="H6A81BA148520438E98EC7F0C4380139F"><enum></enum><text display-inline="yes-display-inline">This title may be cited as the
<quote><short-title>Department of Labor Appropriations
Act, 2011</short-title></quote>.</text>
</subsection></section><enum>II</enum>
<appropriations-major commented="no" id="idD58C41A999C1401E8884021DC1D7B46D"><header display-inline="yes-display-inline">Department of Health and Human
Services</header>
</appropriations-major><appropriations-intermediate commented="no" id="HFA76E03C6CD940CD941590BB0BECFD23"><header display-inline="yes-display-inline">Health resources and services
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H1133280007824918BC3F5E11DE43BECB"><header display-inline="yes-display-inline">Health resources and services</header><text display-inline="no-display-inline">For carrying out titles II, III, IV, VII,
VIII, X, XI, XII, XIX, XX, XXVI, and XXVIII of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), section 427(a) of the Federal Coal Mine Health and Safety Act,
title V and sections 711, 1128E, 1820, and 1886 of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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 <act-name parsable-cite="SSA">Social
Security Act</act-name>, shall be available for carrying out the Medicare rural
hospital flexibility grants program under such section:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
fees collected for the full disclosure of information under the <quote>Health
Care Fraud and Abuse Data Collection Program</quote>, authorized by section
1128E(d)(2) of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, shall be sufficient to recover the full costs of operating the
program, and shall remain available until expended to carry out that Act:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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
(<quote>HHS</quote>) pertaining to administrative claims made under such law:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
$885,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the PHS Act:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso> That
notwithstanding section 756(e) of the PHS Act,
$8,672,000 shall be available for grants
authorized in section 756 of such Act:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Health Resources and
Services</quote> 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:
<proviso><italic>Provided further,</italic></proviso> That
notwithstanding section 338J(k) of the PHS Act,
$10,075,000 shall be available for State Offices
of Rural Health:
<proviso><italic>Provided further,</italic></proviso> That
of the funds provided, $15,000,000 shall be
available for the Small Rural Hospital Improvement Grant Program:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H7C90BB026BBA4DC885A4055B7D8A5127"><header display-inline="yes-display-inline">Vaccine injury compensation program trust
fund</header><text display-inline="no-display-inline">For payments from the
Vaccine Injury Compensation Program Trust Fund (<quote>Trust Fund</quote>),
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 <act-name parsable-cite="PHSA">Public Health Service Act</act-name>, to remain available
until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="idCEFD8BA54F0E468E832B3376D7A7B925"><header display-inline="yes-display-inline">COVERED COUNTERMEASURE PROCESS
FUND</header><text display-inline="no-display-inline">For carrying out section
319F–4 of the Public Health Service Act,
$2,500,000, to remain available until expended:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H158D70315D7B4FE4A19F6D4B9A46A5F3"><header display-inline="yes-display-inline">Centers for disease control and
prevention</header>
</appropriations-intermediate><appropriations-small commented="no" id="H57FEFC6AB1F24103B7333BBBCD64773B"><header display-inline="yes-display-inline">Disease control, research, and
training</header><text display-inline="no-display-inline">To carry out titles
II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), 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
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>,
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 <quote>Disease
Control, Research, and Training</quote> 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:
<proviso><italic>Provided,</italic></proviso> That in addition, such
sums as may be derived from authorized user fees, which shall be credited to
this account:
<proviso><italic>Provided further</italic></proviso>, That
with respect to the previous proviso, authorized user fees from the Vessel
Sanitation Program shall be available through September 30, 2012:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Committees on Appropriations of the House of Representatives and the Senate
are to be notified promptly of any such redirection:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the solicitation and contract shall contain the clause <quote>availability of
funds</quote> found at 48 CFR 52.232–18:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
That, notwithstanding section 516 of this Act, no activity funded under this
heading or funded through transfers to <quote>Disease Control, Research, and
Training</quote> 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.</text><text display-inline="no-display-inline">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 (<quote>the
Board</quote>) 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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H351BA7F1F9C3445894B273698376F351"><header display-inline="yes-display-inline">National institutes of
health</header>
</appropriations-intermediate><appropriations-small commented="no" id="H5B8791E8F035406B87617CC075A64C40"><header display-inline="yes-display-inline">National cancer institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HFB404C724BA442F79A7B106CB9DA6DB7"><header display-inline="yes-display-inline">National heart, lung, and blood
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to cardiovascular, lung, and blood
diseases, and blood and blood products,
$3,182,524,000.</text>
</appropriations-small><appropriations-small commented="no" id="HCC0D2DA0730C49A980C121989E51B8EB"><header display-inline="yes-display-inline">National institute of dental and
craniofacial research</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
dental disease,
$422,845,000.</text>
</appropriations-small><appropriations-small commented="no" id="HFB7E2152D87C441B9261B3266D8ACC33"><header display-inline="yes-display-inline">National institute of diabetes and
digestive and kidney diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to diabetes and digestive and kidney disease,
$1,854,674,000.</text>
</appropriations-small><appropriations-small commented="no" id="H805C4E484BCD493493D8EBCA2F8B6DD9"><header display-inline="yes-display-inline">National institute of neurological
disorders and stroke</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
neurological disorders and stroke,
$1,678,696,000.</text>
</appropriations-small><appropriations-small commented="no" id="H063BE9F05F904A1098B4C86EFBB74F0F"><header display-inline="yes-display-inline">National institute of allergy and
infectious diseases</header>
</appropriations-small><appropriations-small commented="no" id="H3AB372FF7CFC4B72B52B18754D68F40C"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to allergy and infectious diseases,
$4,969,301,000:
<proviso><italic>Provided</italic></proviso>, That
$300,000,000 may be made available to
International Assistance Programs <quote>Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis</quote>, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="H0C3F80113F7F4312B09AE142658114D0"><header display-inline="yes-display-inline">National institute of general medical
sciences</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to general medical sciences,
$2,121,783,000.</text>
</appropriations-small><appropriations-small commented="no" id="H2408E95DEDE44636BDE6FADED6AA8406"><header display-inline="yes-display-inline">Eunice kennedy shriver national institute
of child health and human development</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to child health and human development,
$1,366,750,000.</text>
</appropriations-small><appropriations-small commented="no" id="HED7B8DD2AB82470EB3B94A61E3FFFE35"><header display-inline="yes-display-inline">National eye institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to eye diseases and visual disorders,
$723,220,000.</text>
</appropriations-small><appropriations-small commented="no" id="H547D023193314E1893293A7AED12C271"><header display-inline="yes-display-inline">National institute of environmental health
sciences</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to environmental health sciences,
$706,227,000.</text>
</appropriations-small><appropriations-small commented="no" id="H5121C38AE41E4117AE79F4CBCE5EA36D"><header display-inline="yes-display-inline">National institute on aging</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to aging,
$1,140,547,000.</text>
</appropriations-small><appropriations-small commented="no" id="H7727A029BEAE4C09AD9C4F104C5C4B01"><header display-inline="yes-display-inline">National institute of arthritis and
musculoskeletal and skin diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to arthritis and musculoskeletal and skin diseases,
$554,846,000.</text>
</appropriations-small><appropriations-small commented="no" id="HDDD9354EBA07425D848094D2A7954CC6"><header display-inline="yes-display-inline">National institute on deafness and other
communication disorders</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
deafness and other communication disorders,
$428,331,000.</text>
</appropriations-small><appropriations-small commented="no" id="H0CB9CE913AEC4F8BB3840284B703EE21"><header display-inline="yes-display-inline">National institute of nursing
research</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to nursing research,
$149,963,000.</text>
</appropriations-small><appropriations-small commented="no" id="H890C92B0CDFB4539A0564E03C4B1BBC5"><header display-inline="yes-display-inline">National institute on alcohol abuse and
alcoholism</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to alcohol abuse and alcoholism,
$473,904,000.</text>
</appropriations-small><appropriations-small commented="no" id="HEEA112FB7FEC418E857FD4FA2B4F43DB"><header display-inline="yes-display-inline">National institute on drug
abuse</header><text display-inline="no-display-inline">For carrying out section
301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> with respect to drug abuse,
$1,092,369,000.</text>
</appropriations-small><appropriations-small commented="no" id="H3EA70F22544E4BADBDE9C3D31FA520E5"><header display-inline="yes-display-inline">National institute of mental
health</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to mental health,
$1,537,942,000.</text>
</appropriations-small><appropriations-small commented="no" id="H912297E51B3F4586A3A422EA08E76682"><header display-inline="yes-display-inline">National human genome research
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to human genome research,
$533,127,000.</text>
</appropriations-small><appropriations-small commented="no" id="H1ABF4116958A45DF907DA637C841C90A"><header display-inline="yes-display-inline">National institute of biomedical imaging
and bioengineering</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
biomedical imaging and bioengineering research,
$325,415,000.</text>
</appropriations-small><appropriations-small commented="no" id="H0C11AC93B96848B89ACEACC6C00365ED"><header display-inline="yes-display-inline">National center for research
resources</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> with respect to research resources and general research
support grants,
$1,306,695,000.</text>
</appropriations-small><appropriations-small commented="no" id="H0EB0CDF72E1748B18E7A548F3C374F5F"><header display-inline="yes-display-inline">National center for complementary and
alternative medicine</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
complementary and alternative medicine,
$131,796,000.</text>
</appropriations-small><appropriations-small commented="no" id="H50BA8DC5216A4D2A89FDCC85DFB66792"><header display-inline="yes-display-inline">National institute on minority health and
health disparities</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> with respect to
minority health and health disparities research,
$218,705,000.</text>
</appropriations-small><appropriations-small commented="no" id="H5AE26A6A738C48A6A32FDAE41D65587A"><header display-inline="yes-display-inline">John e. fogarty international
center</header><text display-inline="no-display-inline">For carrying out the
activities of the John E. Fogarty International Center (described in subpart 2
of part E of title IV of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name>),
$72,914,000.</text>
</appropriations-small><appropriations-small commented="no" id="HD5C8EB4A01AF44119C7F52A19272336B"><header display-inline="yes-display-inline">National library of medicine</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name>
(<quote>PHS Act</quote>) with respect to health information communications,
$364,254,000, of which
$4,000,000 shall be available until expended for
improvement of information systems:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H41CB3A96170547578E39EDB7BDA95E70"><header display-inline="yes-display-inline">Office of the director</header><text display-inline="no-display-inline">For carrying out the responsibilities of the
Office of the Director, National Institutes of Health (<quote>NIH</quote>),
$1,268,580,000, of which up to
$25,000,000 shall be used to carry out section
213 of this Act:
<proviso><italic>Provided</italic></proviso>, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles for
replacement only:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
all funds credited to such Fund shall remain available for one fiscal year
after the fiscal year in which they are deposited:
<proviso><italic>Provided further</italic></proviso>, That
up to $194,400,000 shall be available for
continuation of the National Children’s Study:
<proviso><italic>Provided further</italic></proviso>, That
$561,629,000 shall be available for the Common
Fund established under section 402A(c)(1) of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>):
<proviso><italic>Provided further</italic></proviso>, That
of the funds provided $10,000 shall be for
official reception and representation expenses when specifically approved by
the Director of the NIH:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That
$50,000,000 shall be available to implement
section 402c of the PHS Act, relating to the Cures Acceleration
Network.</text>
</appropriations-small><appropriations-small commented="no" id="H0326FBA5C5904D0DBF9DE9FAD224A9BF"><header display-inline="yes-display-inline">Buildings and facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H33B2E0D23B4540899E459ADB8F2E613D"><header display-inline="yes-display-inline">Substance abuse and mental health services
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="HDD8DEBD6E78C42F194D73F6670B2B0DA"><header display-inline="yes-display-inline">Substance abuse and mental health
services</header><text display-inline="no-display-inline">For carrying out
titles III, V, and XIX of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> (<quote>PHS Act</quote>) 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 <quote>Substance Abuse and Mental
Health Services</quote> in the committee report of the Senate accompanying this
Act:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated under
this Act for fiscal year 2011.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H22537611500B4B00AC275F8328EDBDB4"><header display-inline="yes-display-inline">Agency for healthcare research and
quality</header>
</appropriations-intermediate><appropriations-small commented="no" id="H7EDC327817D04AF0950637F0FD2D13F8"><header display-inline="yes-display-inline">Healthcare research and
quality</header><text display-inline="no-display-inline">For carrying out
titles III and IX of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> (<quote>PHS Act</quote>), part A of title XI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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:
<proviso><italic>Provided</italic></proviso>, That the amount made
available pursuant to section 947(c) of the PHS Act shall not exceed
$397,053,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H271B8BC653CF44239F760805B92B9849"><header display-inline="yes-display-inline">Centers for medicare and medicaid
services</header>
</appropriations-intermediate><appropriations-small commented="no" id="H11F30F9CC1044CFC8AF16ECA74CA0C5C"><header display-inline="yes-display-inline">Grants to states for medicaid</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, titles XI and XIX of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $173,143,799,000, to
remain available until expended.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name> for the last
quarter of fiscal year 2011 for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.</text><text display-inline="no-display-inline">For making payments to States or in the case
of section 1928 on behalf of States under title XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name> for the first
quarter of fiscal year 2012, $86,445,289,000, to
remain available until expended.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H4E59ABBDC2DB4DE9940E325F5B852712"><header display-inline="yes-display-inline">Payments to healthcare trust
funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$229,664,000,000.</text><text display-inline="no-display-inline">In addition, for making matching payments
under section 1844, and benefit payments under section 1860D–16 of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, not anticipated
in budget estimates, such sums as may be
necessary.</text>
</appropriations-small><appropriations-small commented="no" id="H089538DAA53042B4AF6198DE252E5FE6"><header display-inline="yes-display-inline">Program management</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, titles XI, XVIII, XIX, and XXI of the <act-name parsable-cite="SSA">Social Security Act</act-name>, titles XIII and XXVII of
the <act-name parsable-cite="PHSA">Public Health Service Act</act-name>
(<quote>PHS Act</quote>), 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
<act-name parsable-cite="SSA">Social Security Act</act-name>; together with all
funds collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That
$37,687,000, to remain available through
September 30, 2012, shall be for contract costs for the Healthcare Integrated
General Ledger Accounting System:
<proviso><italic>Provided further,</italic></proviso> That
$9,120,000, to remain available through
September 30, 2012, shall be for the Centers for Medicare and Medicaid Services
(<quote>CMS</quote>) Medicare contracting reform activities:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That
the Secretary is directed to collect fees in fiscal year 2011 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the
<act-name parsable-cite="SSA">Social Security Act</act-name> and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act:
<proviso><italic>Provided further,</italic></proviso> That
$1,300,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Program Management</quote>
in the committee report of the Senate accompanying this
Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HC1BB12A2EC154BA7838E7FC6F3A8E5D6"><header display-inline="yes-display-inline">Healthcare fraud and abuse control
account</header><text display-inline="no-display-inline">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 (<quote>CHIP</quote>)
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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H6C45BAE9D5C84BA8BEC261DF9E1486C1"><header display-inline="yes-display-inline">Administration for children and
families</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC0D0787C42974125A03F727EB73CA1EA"><header display-inline="yes-display-inline">Payments to states for child support
enforcement and family support programs</header><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text><text display-inline="no-display-inline">For making
payments to each State for carrying out the program of Aid to Families with
Dependent Children under title IV–A of the <act-name parsable-cite="SSA">Social
Security Act</act-name> before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as may be
necessary:
<proviso><italic>Provided</italic></proviso>, 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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social
Security Act</act-name> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H0A2D56970F0C49B1910E52A606BDB607"><header display-inline="yes-display-inline">Low income home energy
assistance</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HE9B1DC2906BC4E339216E8DF51AB880F"><header display-inline="yes-display-inline">Refugee and entrant
assistance</header><text display-inline="no-display-inline">For necessary
expenses for refugee and entrant assistance activities authorized by section
414 of the <act-name parsable-cite="INA">Immigration and Nationality
Act</act-name> 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:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
under this heading pursuant to section 414(a) of the
<act-name parsable-cite="INA">Immigration and Nationality Act,</act-name>
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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H338C1B2C00884D5C974DF385510D897B"><header display-inline="yes-display-inline">Payments to states for the child care and
development block grant</header><text display-inline="no-display-inline">For
carrying out the <act-name parsable-cite="CCDBGA90">Child Care and Development
Block Grant Act of 1990</act-name>,
$3,127,081,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-income
families:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>, That
$9,910,000 shall be for use by the Secretary of
Health and Human Services for child care research, demonstration, and
evaluation activities.</text>
</appropriations-small><appropriations-small commented="no" id="H283E0D87F4894020A1224B2386A1C915"><header display-inline="yes-display-inline">Social services block grant</header><text display-inline="no-display-inline">For making grants to States pursuant to
section 2002 of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, $1,700,000,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H110A3FF71F5C413CAF4F7A402C99C11A"><header display-inline="yes-display-inline">Children and families services
programs</header>
</appropriations-small><appropriations-small commented="no" id="H8F38AD56381243E7A0CBA08832274344"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, the <act-name parsable-cite="RHYA">Runaway and Homeless Youth
Act</act-name>, the <act-name parsable-cite="DDA">Developmental Disabilities
Assistance and Bill of Rights Act</act-name>, the <act-name parsable-cite="HSA">Head Start Act</act-name>, the
<act-name parsable-cite="CAPTA">Child Abuse Prevention and Treatment
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>; for making payments under the Community Services Block Grant
Act (<quote>CSBG Act</quote>), sections 439(i), 473B, and 477(i) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<act-name parsable-cite="SSA">Social Security Act</act-name>, the Act of July
5, 1960, the Low Income Home Energy Assistance Act of 1981, title IV of the
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>,
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
<act-name parsable-cite="SSA">Social Security Act</act-name> and may be made
for adoptions completed before September 30, 2011:
<proviso><italic>Provided,</italic></proviso> That
$8,223,958,000 shall be for making payments
under the <act-name parsable-cite="HSA">Head Start Act</act-name>:
<proviso><italic>Provided further</italic></proviso>, That
for purposes of allocating funds described by the immediately preceding
proviso, the following provisions shall apply: (1) the term <quote>base
grant</quote> 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: <quote>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 <quote>ARRA quality improvement funds</quote>) bear to
the total of all such agencies' ARRA quality improvement funds, to carry out
such quality improvement activities.</quote>:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That
not less than $10,000,000 shall be for section
680(a)(3)(B) of the CSBG Act:
<proviso><italic>Provided further</italic></proviso>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
these procedures shall apply to such grant funds made available after November
29, 1999:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That
$8,188,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Children and Families
Services Programs</quote> in the committee report of the Senate accompanying
this Act.</text>
</appropriations-small><appropriations-small commented="no" id="H7EAFAC99E72F4A6F99204E627A39E223"><header display-inline="yes-display-inline">Promoting safe and stable
families</header><text display-inline="no-display-inline">For carrying out
section 436 of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, $345,000,000 and section 437 of
such Act,
$63,311,000.</text>
</appropriations-small><appropriations-small commented="no" id="HBC8CC7B83CE946DEB2015E738A48695A"><header display-inline="yes-display-inline">Payments for foster care and
permanency</header><text display-inline="no-display-inline">For making payments
to States or other non-Federal entities under title IV–E of the
<act-name parsable-cite="SSA">Social Security Act</act-name>,
$5,366,000,000.</text><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under title IV–E of the <act-name parsable-cite="SSA">Social Security Act</act-name>, for the first quarter of
fiscal year 2012, $1,850,000,000.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H98FE11BE4E76455DB9F768A63D216257"><header display-inline="yes-display-inline">Administration on
aging</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3A5F58F12FA944AD916AEF41452BD500"><header display-inline="yes-display-inline">Aging services programs</header><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, the <act-name parsable-cite="OAA65">Older Americans Act of
1965</act-name> (<quote>OAA</quote>), section 398 and title XXIX of the
<act-name parsable-cite="PHSA">Public Health Service Act (“PHS
Act”)</act-name>, 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:
<proviso><italic>Provided</italic></proviso>, That
$1,650,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Aging Services
Programs</quote> in the committee report of the Senate accompanying this Act:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HDCE95D1C6B0F4C42942309E339CB2C84"><header display-inline="yes-display-inline">Office of the
secretary</header>
</appropriations-intermediate><appropriations-small commented="no" id="H96F3CC63266547B4B8E761A86D5D0CA0"><header display-inline="yes-display-inline">General departmental
management</header>
</appropriations-small><appropriations-small commented="no" id="H418D0A63A2844E53926B4D7124D9B0F8"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>), the United States-Mexico Border Health Commission Act, and
research studies under section 1110 of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
such services shall be provided consistent with 42 CFR 59.5(a)(4):
<proviso><italic>Provided further</italic></proviso>, That
$1,150,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>General Departmental
Management</quote> in the committee report of the Senate accompanying this Act:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H84FE0884909B452EA677ECAC974C2958"><header display-inline="yes-display-inline">Office of medicare hearings and
appeals</header><text display-inline="no-display-inline">For expenses necessary
for administrative law judges responsible for hearing cases under title XVIII
of the <act-name parsable-cite="SSA">Social Security Act</act-name> (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.</text>
</appropriations-small><appropriations-small commented="no" id="H00DFB089166B4179A490780747BC1DFE"><header display-inline="yes-display-inline">Office of the national coordinator for
health information technology</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That in addition to
amounts provided herein, $19,011,000 shall be
available from amounts available under section 241 of the
<act-name parsable-cite="PHSA">Public Health Service
Act.</act-name></text>
</appropriations-small><appropriations-small commented="no" id="HBC520DCEE10E49C280E0D87926AA7F4E"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H2DA81B6CF3B94F6CBFCEA73BACEF734B"><header display-inline="yes-display-inline">Office for civil rights</header><text display-inline="no-display-inline">For expenses necessary for the Office for
Civil Rights,
$44,382,000.</text>
</appropriations-small><appropriations-small commented="no" id="H7A906EC67461419C83E60934BC29DF17"><header display-inline="yes-display-inline">Retirement pay and medical benefits for
commissioned officers</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H7B19758330764D349D6533A4F0847F2F"><header display-inline="yes-display-inline">Public health and social services emergency
fund</header>
</appropriations-small><appropriations-small commented="no" id="H383E7BD97C6141F68E7F8025FEBD666A"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="id7EBEA600A0CA4762AB171C8D7CEB4565"><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For expenses necessary to prepare for and
respond to an influenza pandemic,
$65,578,000.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8A80A614A4B14B658121F989BBA3E8EB"><header display-inline="yes-display-inline">General
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="H2E61A753B75C41E2BA55EDB219A2A07F" section-type="subsequent-section"><enum>201.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HA0B8C9DCB3364FB2BA1AED2AAA198C66" section-type="subsequent-section"><enum>202.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H2014FC2F87954C49968390AC7B8C65E0" section-type="subsequent-section"><enum>203.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H76E7361F6F8D4D3BB27D6A297BCD344E" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be expended pursuant to section 241 of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H7D130FBABABB479DB05C9773CE580FB9" section-type="subsequent-section"><enum>205.</enum><text display-inline="yes-display-inline">Notwithstanding section 241(a) of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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.</text>
<appropriations-small commented="no" id="H635968D91D1B48ADBA3081CE5555D5D3"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H244CD4297CDB43189813AA7B62F49405" section-type="subsequent-section"><enum>206.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That the Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.</text>
<appropriations-small commented="no" id="H536477D23F8A45619A4CC3D095BC856B"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H8397ED26D16348239FED4BA8D6FCD514" section-type="subsequent-section"><enum>207.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
<appropriations-small commented="no" id="HBDD0E26BABC649AFAFC022DE065B17FD"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA24EB21B307A41F3AC8072C649ED63E6" section-type="subsequent-section"><enum>208.</enum><text display-inline="yes-display-inline">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 <quote>Office of AIDS Research Office</quote>
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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>.</text>
</section><section commented="no" display-inline="no-display-inline" id="H38B00F1718044E29A0FD762E235FD973" section-type="subsequent-section"><enum>209.</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be made available to any entity under title X of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HF34E150BFA4440C687A75C67E1BF7066" section-type="subsequent-section"><enum>210.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
no provider of services under title X of the <act-name parsable-cite="PHSA">Public Health Service Act</act-name> shall be exempt from
any State law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.</text>
</section><section commented="no" display-inline="no-display-inline" id="H11F02C525DDC443BB7EAAD5C41C2C01A" section-type="subsequent-section"><enum>211.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>,
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HC19195102A544B8EA01B9F4F1BAC634C" section-type="subsequent-section"><enum>212.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H9B4D9043B7D942FD8B2584BC76813E72"><enum>(1)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="SDBAA">State Department Basic
Authorities Act of 1956</act-name>. 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 <act-name parsable-cite="FSA80">Foreign
Service Act of 1980</act-name> and other applicable statutes administered by
the Department of State.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9195785F4C72407E82E2136BA1882514"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H845C03029E4042329F42DB75232C1DE2"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HAC3DFABD05454572B3B139763FB9A9C3" section-type="subsequent-section"><enum>213.</enum><subsection commented="no" display-inline="yes-display-inline" id="H827875F0EF0D4FBF99692FB8785E4C75"><enum>(a)</enum><header display-inline="yes-display-inline">Authority</header><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
the Director of the National Institutes of Health (<quote>Director</quote>) may
use funds available under section 402(b)(7) or 402(b)(12) of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (<quote>PHS
Act</quote>) 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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H142A1767CA034A24A054FBD2B04E965D"><enum>(b)</enum><header display-inline="yes-display-inline">Peer review</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H540920CA0906457AB579200CCAFCF266" section-type="subsequent-section"><enum>214.</enum><text display-inline="yes-display-inline">Funds which are available for Individual
Learning Accounts for employees of the Centers for Disease Control and
Prevention (<quote>CDC</quote>) and the Agency for Toxic Substances and Disease
Registry (<quote>ATSDR</quote>) may be transferred to <quote>Disease Control,
Research, and Training</quote>, to be available only for Individual Learning
Accounts:
<proviso><italic>Provided</italic></proviso>, That such funds may be
used for any individual full-time equivalent employee while such employee is
employed either by CDC or ATSDR.</text>
</section><section commented="no" display-inline="no-display-inline" id="H27F6FA38ED5540598647AE62D2F2C188" section-type="subsequent-section"><enum>215.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HB4C44358E5BB497B8678567A05A4A147" section-type="subsequent-section"><enum>216.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H019B253E1BAB414F8729F9F530B61972"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H3660FC86071142B7AE8F26C1799F888E" section-type="subsequent-section"><enum>217.</enum><text display-inline="yes-display-inline">Of the amounts made available for the
National Institutes of Health, 1 percent of the amount made available for
National Research Service Awards (<quote>NRSA</quote>) 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
<act-name parsable-cite="PHSA">Public Health Service Act</act-name>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID3f2d41df089b47f697cba1710d172c3c" section-type="subsequent-section"><enum>218.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID4426b7dcc213436daf3848b09b2641a6" section-type="subsequent-section"><enum>219.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id3E61CF716C8E44E08469C7CBAFE13009"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="ID73b974b378cc4850b3ceb5fab0e99cd6" section-type="subsequent-section"><enum>220.</enum><text display-inline="yes-display-inline">For an additional amount for the
<quote>General Departmental Management</quote> account,
$7,000,000, to increase the Department's
acquisition workforce capacity and capabilities:
<proviso><italic>Provided</italic>,</proviso> That such funds may be
transferred by the Secretary to any other account in the Department to carry
out the purposes provided herein:
<proviso><italic>Provided further</italic>,</proviso>
That such transfer authority is in addition to any other transfer authority
provided in this Act:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available for information technology in support of
acquisition workforce effectiveness or for management solutions to improve
acquisition management.</text>
</section><section commented="no" display-inline="no-display-inline" id="idC9787615A14E43B08D8684C478F1CA86" section-type="subsequent-section"><enum>221.</enum><subsection commented="no" display-inline="yes-display-inline" id="id972165DBEF3C4E85B776D9B7B7934AFF"><enum>(a)</enum><text display-inline="yes-display-inline">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
<quote>Prevention and Public Health Fund</quote> in the committee report of the
Senate accompanying this Act.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idED45A24C589A49EE8B65C215442F9E1C"><enum>(b)</enum><text display-inline="yes-display-inline">Notwithstanding section 4002(c) of the
Patient Protection and Affordable Care Act of 2010, the Secretary may further
transfer only amounts specified for <quote>Public health and prevention
outreach, coordination and strategic planning, including media
activities</quote>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id07E1AA0003C341F3B132BA2A22C1F0DD"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="H91674711ED974D0DAF1CEF2A0950BB8C"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Health and Human
Services Appropriations Act,
2011</short-title></quote>.</text>
</appropriations-small><enum>III</enum>
<appropriations-major commented="no" id="idDC9BFB9CB10D45B09F83BBE17FD37D8C"><header display-inline="yes-display-inline">Department of
Education</header>
</appropriations-major><appropriations-intermediate commented="no" id="H03706BAEC42A4B188D49212E903CCFB6"><header display-inline="yes-display-inline">Education for the
disadvantaged</header><text display-inline="no-display-inline">For carrying out
title I of the <act-name parsable-cite="ESEA">Elementary and Secondary
Education Act of 1965</act-name> (<quote>ESEA</quote>), section 308 of this Act
and section 418A of the <act-name parsable-cite="HEA65">Higher Education Act of
1965</act-name>, $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:
<proviso><italic>Provided</italic></proviso>, That
$6,597,946,000 shall be for basic grants under
section 1124 of the ESEA:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
$1,365,031,000 shall be for concentration grants
under section 1124A of the ESEA:
<proviso><italic>Provided further</italic></proviso>, That
$3,489,712,000 shall be for targeted grants
under section 1125 of the ESEA:
<proviso><italic>Provided further</italic></proviso>, That
$3,489,712,000 shall be for education finance
incentive grants under section 1125A of the ESEA:
<proviso><italic>Provided further</italic>,</proviso> That
$300,000,000 shall be available to carry out
section 308 of this Act:
<proviso><italic>Provided further</italic></proviso>, That
$8,167,000 shall be to carry out sections 1501
and 1503 of the ESEA:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HF5164B1680724FD584A7AB20F882CF23"><header display-inline="yes-display-inline">Impact aid</header><text display-inline="no-display-inline">For carrying out programs of financial
assistance to federally affected schools authorized by title VIII of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HFBD02FB2C0A24C15B6D3ACA8DF598D6D"><header display-inline="yes-display-inline">School improvement programs</header><text display-inline="no-display-inline">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 <act-name parsable-cite="ESEA">Elementary and Secondary
Education Act of 1965</act-name> (<quote>ESEA</quote>); 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 (<quote>HEA</quote>); and the
<act-name parsable-cite="CRA64">Civil Rights Act of 1964</act-name>,
$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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
from the funds referred to in the second preceding proviso,
$500,000 shall be for part Z of title VIII of
the HEA:
<proviso><italic>Provided further</italic></proviso>, That
funds made available to carry out part C of title VII of the ESEA may be used
for construction:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
such expanded-learning-time programs shall provide additional time for
instruction in the core academic and other subjects, and for enrichment
activities:
<proviso><italic>Provided further,</italic></proviso> That
$61,313,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002:
<proviso><italic>Provided further</italic></proviso>, That
$26,928,000 shall be available to carry out part
D of title V of the ESEA:
<proviso><italic>Provided further</italic></proviso>, That
no funds appropriated under this heading may be used to carry out section 5494
under the ESEA:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H4B32DDEB682341D88A4A00A70D1A7D9F"><header display-inline="yes-display-inline">Indian education</header><text display-inline="no-display-inline">For expenses necessary to carry out, to the
extent not otherwise provided, title VII, part A of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>,
$129,282,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H56A8BAC3815C4F8CA782563460193ADF"><header display-inline="yes-display-inline">Innovation and improvement</header><text display-inline="no-display-inline">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 <act-name parsable-cite="ESEA">Elementary and Secondary Education Act of 1965</act-name>
(<quote>ESEA</quote>), 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
$10,649,000 shall be provided to the National
Board for Professional Teaching Standards to carry out section 2151(c) of the
ESEA:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic></proviso>, That
$578,987,000 shall be available to carry out
part D of title V of the ESEA:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HF6A9E008EBEF41F48BA47EDA1607C0EA"><header display-inline="yes-display-inline">Safe schools and citizenship
education</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $426,053,000:
<proviso><italic>Provided</italic></proviso>, That
$229,053,000 shall be available for subpart 2 of
part A of title IV:
<proviso><italic>Provided further</italic></proviso>, That
$157,000,000 shall be available to carry out
part D of title V:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H9D9BEB8FAFAE4E5FAEB3EADE9A3A1171"><header display-inline="yes-display-inline">English language acquisition</header><text display-inline="no-display-inline">For carrying out part A of title III of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name>, $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):
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HFF8CEF1411544D1AA31FF299B44EA3FB"><header display-inline="yes-display-inline">Special education</header><text display-inline="no-display-inline">For carrying out the Individuals with
Disabilities Education Act (<quote>IDEA</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HF4792180DB1B4657938269170048954D"><header display-inline="yes-display-inline">Rehabilitation services and disability
research</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That
$1,650,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Rehabilitation Services and
Disability Research</quote> in the committee report of the Senate accompanying
this Act:
<proviso><italic>Provided further</italic>,</proviso>
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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H5E37CD9818364082A984C512BF3E9CEB"><header display-inline="yes-display-inline">Special institutions for persons with
disabilities</header>
</appropriations-intermediate><appropriations-small commented="no" id="H496D7C6804914DE895863D66E5663D56"><header display-inline="yes-display-inline">American printing house for the
blind</header><text display-inline="no-display-inline">For carrying out the Act
of March 3, 1879,
$24,600,000.</text>
</appropriations-small><appropriations-small commented="no" id="H3EAEB8B00D5843F581E5CC2CAEE63A62"><header display-inline="yes-display-inline">National technical institute for the
deaf</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HD1F4F6953E6A4E7AB21A7B3CCBEB79DC"><header display-inline="yes-display-inline">Gallaudet university</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H02B68D9515B34BF8A73557A621525374"><header display-inline="yes-display-inline">Career, technical, and adult
education</header><text display-inline="no-display-inline">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
(<quote>AEFLA</quote>), 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HB0B5F0A6585F4A1182AF5365242F04CA"><header display-inline="yes-display-inline">Student financial
assistance</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF2A0E0CCC523493EA08D881B841D5591"><header display-inline="yes-display-inline">(including rescission of
funds)</header><text display-inline="no-display-inline">For carrying out
subparts 1, 3, and 4 of part A, and part C of title IV of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>,
$19,453,809,000, which shall remain available
through September 30, 2012:
<proviso><italic>Provided</italic>,</proviso> 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.</text><text display-inline="no-display-inline">The maximum Pell Grant
for which a student shall be eligible during award year 2011–2012 shall be
$4,860.</text><text display-inline="no-display-inline">Of the funds made available under section
401A(e)(1)(D) of the <act-name parsable-cite="HEA65">Higher Education Act of
1965</act-name>, $617,000,000 is
rescinded.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8B52FB9322CB4EF789B96A37D568E1FE"><header display-inline="yes-display-inline">Student aid administration</header><text display-inline="no-display-inline">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 <act-name parsable-cite="HEA65">Higher Education
Act of 1965</act-name>, $1,048,078,000:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H8A2608277F624EC9A35033528399D8E3"><header display-inline="yes-display-inline">Higher education</header><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the
<act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name>
(<quote>HEA</quote>), 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
$609,000 shall be for data collection and
evaluation activities for programs under the HEA, including such activities
needed to comply with the <act-name parsable-cite="FPRA93"></act-name><act-name parsable-cite="FPRA93">Government Performance and Results Act of
1993</act-name>:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further,</italic></proviso> 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 (<quote>HEOA</quote>),
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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, That
$40,561,000 shall be used for the projects, and
in the amounts, specified under the heading <quote>Higher Education</quote> in
the committee report of the Senate accompanying this Act:
<proviso><italic>Provided further</italic></proviso>, That
$1,750,000 shall be used for the programs
specified under the <quote>Fund for the Improvement of Post Secondary
Education</quote> in the committee report of the Senate accompanying this Act
in accordance with the specified sections:
<proviso><italic>Provided</italic>,</proviso> 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).</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HB4528982B8464226BE0899E818E712A8"><header display-inline="yes-display-inline">Howard university</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HC5B7D67A1ED9431CB549324F4242DE1C"><header display-inline="yes-display-inline">College housing and academic facilities
loans program</header><text display-inline="no-display-inline">For Federal
administrative expenses to carry out activities related to existing facility
loans pursuant to section 121 of the <act-name parsable-cite="HEA65">Higher
Education Act of 1965</act-name>,
$461,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H066FE6450E764F4EB730A00BBDCCE68A"><header display-inline="yes-display-inline">Historically Black College and University
Capital Financing Program Account</header><text display-inline="no-display-inline">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 (<quote>HEA</quote>):
<proviso><italic>Provided,</italic></proviso> That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further,</italic></proviso> That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed
$279,393,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H2A6A8A024E414EE2BFAB70B7EB09CE12"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H11FB5288E78A459F8F19FF54FE3868DC"><header display-inline="yes-display-inline">Institute of education
sciences</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H957663B9B4CC4579B58EAD082422712A"><header display-inline="yes-display-inline">Departmental
management</header>
</appropriations-intermediate><appropriations-small commented="no" id="H58C11FE921324EFC93FAA5F457F2FE36"><header display-inline="yes-display-inline">Program administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HAB4A00F3BC4B4920A2EFCDF5D8CAA8FC"><header display-inline="yes-display-inline">Office for civil rights</header><text display-inline="no-display-inline">For expenses necessary for the Office for
Civil Rights, as authorized by section 203 of the Department of Education
Organization Act,
$105,700,000.</text>
</appropriations-small><appropriations-small commented="no" id="H868FC0E3B38C40218A5DD6B30DD555B3"><header display-inline="yes-display-inline">Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H1BC62E0102394807A0323C112DBFDF26"><header display-inline="yes-display-inline">General
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="H88875787FA714A898C89D1ECFDCCDE42" section-type="subsequent-section"><enum>301.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD561D784B424487F83529164501D3851" section-type="subsequent-section"><enum>302.</enum><text display-inline="yes-display-inline">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
<act-name parsable-cite="CRA64">Civil Rights Act of 1964</act-name>. 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5F8A096EA89347948A307686910D3B3B" section-type="subsequent-section"><enum>303.</enum><text display-inline="yes-display-inline">No funds appropriated in this Act may be
used to prevent the implementation of programs of voluntary prayer and
meditation in the public schools.</text>
<appropriations-small commented="no" id="HFE4CA081D8E647EB8E92CFD9A5A73967"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HDA8F248504C8474E8C5FBE77AD03BCE4" section-type="subsequent-section"><enum>304.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That the Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.</text>
</section><section commented="no" display-inline="no-display-inline" id="H02575B42DA3348F2A6C8F9A0E2EE7786" section-type="subsequent-section"><enum>305.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id0A9828B3BB5544919B7338758729BB69"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H3732B21DD2784C55A57D7325FFDE54AD" section-type="subsequent-section"><enum>306.</enum><text display-inline="yes-display-inline">For an additional amount for the
<quote>Program Administration</quote> account,
$2,696,100, to increase the Department's
acquisition workforce capacity and capabilities:
<proviso><italic>Provided</italic>,</proviso> That such funds may be
transferred by the Secretary to any other account in the Department to carry
out the purposes provided herein:
<proviso><italic>Provided further</italic>,</proviso>
That such transfer authority is in addition to any other transfer authority
provided in this Act:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available for information technology in support of
acquisition workforce effectiveness or for management solutions to improve
acquisition management:
<proviso><italic>Provided further</italic>,</proviso>
That the Committees on Appropriations of the Senate and the House of
Representatives are notified at least 15 days in advance of any
transfer.</text>
</section><section commented="no" display-inline="no-display-inline" id="id938133C326934AE5A08B8B0A1C4A8D7A" section-type="subsequent-section"><enum>307.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of
law—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idAA12E1F165824863856276D988487AB4"><enum>(1)</enum><header display-inline="yes-display-inline">In general</header><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idC1E52E2C6CFD4866B91FC42017C88FF5"><enum>(2)</enum><header display-inline="yes-display-inline">Transfer of functions, assets, and
liabilities</header><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id02493E33D510403C82531009E29F8E32"><enum>(3)</enum><header display-inline="yes-display-inline">Interdepartmental coordination of
transfer</header><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE0F130410D6E473EBC24B9728399860C"><enum>(4)</enum><header display-inline="yes-display-inline">Use of authorities under higher education
Act of 1965</header><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idBB416ED4FFF24F32BC8DBFE0665A6CF4" section-type="subsequent-section"><enum>308.</enum><subsection commented="no" display-inline="yes-display-inline" id="id5788157BEE4743DFB1975391ECE4A5C3"><enum>(a)</enum><header display-inline="yes-display-inline">In General</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idB8EA580400BD4BEBB3EA2B2D39FB83AB"><enum>(b)</enum><header display-inline="yes-display-inline">State Applications</header><text display-inline="yes-display-inline">In order to be considered for a grant under
this section, a State’s application shall include a plan that includes the
following—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id8437E4FA7EBC4C829E4E8FB0EC93C336"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id8FB2385236BB400D92EDA366E44531C7"><enum>(2)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id68F613D9BDFC481CBA936383E7EC6C80"><enum>(A)</enum><text display-inline="yes-display-inline">State early learning standards and program
quality standards;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id99DBF82763AE4883A6125E6F452754BF"><enum>(B)</enum><text display-inline="yes-display-inline">A tiered program quality rating and
improvement system;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id5B309C0B56944BAF90DB9CA98241DA9B"><enum>(C)</enum><text display-inline="yes-display-inline">A comprehensive plan that promotes
nutrition and wellness for children in early learning programs;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id37E9ADA840FF43C997A6BA26E03554D8"><enum>(D)</enum><text display-inline="yes-display-inline">A comprehensive plan for supporting
professional preparation and the ongoing professional development of an
effective, well-compensated early learning workforce; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id68C13ED350D84CCE83AFE6D4BF48EA97"><enum>(E)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="id2780251564554E7CBA53D49E7BAC8443"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id34F9C16BF8BA44E8BCF40D44284E49E9"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id3B9265F24FDC49DE8D0C6C91497752A7"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idE4C98E91FC0B4C6EBAFADA936B09A99F"><enum>(c)</enum><header display-inline="yes-display-inline">Criteria Used in Awarding
Grants</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idAEDE3727A3FC43E0B20E92297A3A2600"><enum>(1)</enum><text display-inline="yes-display-inline">The quality of the application
submitted;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF388ED20509947898A6815E00A92B6DF"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idA3A1DE7EEA6C417281B489337B80E33E"><enum>(3)</enum><text display-inline="yes-display-inline">The State’s capacity to fully implement
such system.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idFB9F613078634703AB0454E1C26D7364"><enum>(d)</enum><header display-inline="yes-display-inline">States Uses of Funds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id297B9815391942B09AECC3B45A274A2B"><enum>(e)</enum><header display-inline="yes-display-inline">Reservations of Federal Funds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id772891815C1D420AA881FE149E320CD2"><enum>(f)</enum><header display-inline="yes-display-inline">Authorization of
Appropriations</header><text display-inline="yes-display-inline">There is
authorized to be appropriated, $300,000,000 to
carry out this section in fiscal year 2011.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id4946B233934C4C1DAB8182C5B5443292" section-type="subsequent-section"><enum>309.</enum><subsection commented="no" display-inline="yes-display-inline" id="id62CC3CEDB22847AD948DC71ED122E613"><enum>(a) Section 206 of the Department of
Education Organization Act (20 U.S.C. 3416) is amended—</enum>
<paragraph commented="no" display-inline="no-display-inline" id="ID41fc2cfdb1c94144afbcb1a5a9cedda5"><enum>(1)</enum><text display-inline="yes-display-inline">by striking out the heading and inserting
<quote>Office of Career, Technical, and Adult Education</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID86bff69effd14b9e93670fe850e0d495"><enum>(2)</enum><text display-inline="yes-display-inline">by striking out <quote>Office of Vocational
and Adult Education</quote> and inserting <quote>Office of Career, Technical,
and Adult Education</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="IDb4a49707415a4b978b1d1d0a01ff8d27"><enum>(3)</enum><text display-inline="yes-display-inline">by striking out <quote>Assistant Secretary
for Vocational and Adult Education</quote> and inserting <quote>Assistant
Secretary for Career, Technical, and Adult Education</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID95ecbb7e68104fcaa2f813550e2f57a8"><enum>(4)</enum><text display-inline="yes-display-inline">by striking out <quote>vocational and adult
education</quote> each place it appears and inserting <quote>career, technical,
and adult education</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="ID7933acb30fa243b3a493d74634d27b0e"><enum>(b)</enum><text display-inline="yes-display-inline">Section 202 of the Department of Education
Organization Act (20 U.S.C. 3412) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="IDbe7a46c61b0541efb38db61118231d5e"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (b)(1)(C), by striking out
<quote>Assistant Secretary for Vocational and Adult Education</quote> and
inserting <quote>Assistant Secretary for Career, Technical, and Adult
Education</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID2d448ea7fd2a4923af079b1706758576"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (h), by striking out
<quote>Assistant Secretary for Vocational and Adult Education</quote> each
place it appears and inserting <quote>Assistant Secretary for Career,
Technical, and Adult Education</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="ID627421a6819a4b6a92b30b31eeb771e7"><enum>(c)</enum><text display-inline="yes-display-inline">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 <quote>Sec. 206. Office of Career, Technical, and
Adult Education.</quote>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="IDfccc88b472b64286b903b338f37a5b37"><enum>(d)</enum><text display-inline="yes-display-inline">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 <quote>Office of Vocational and Adult Education</quote> and
inserting <quote>Office of Career, Technical, and Adult
Education</quote>.</text>
</subsection></section><appropriations-small commented="no" id="H6181FFE1EE284A729A1B15AF3F24A2B1"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Education Appropriations
Act, 2011</short-title></quote>.</text><text display-inline="yes-display-inline"></text>
</appropriations-small><enum>IV</enum>
<appropriations-major commented="no" id="id6A41142B5F714B519D9FA6F01DE16696"><header display-inline="yes-display-inline">Related
Agencies</header>
</appropriations-major><appropriations-intermediate commented="no" id="H0F1B8B09F7B2476F81735C9FA087C876"><header display-inline="yes-display-inline">Committee for purchase from people who are
blind or severely disabled</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF82E4DE202A8442A8F8661CD0FC2896D"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HED8053B44D834865871A4367E22C1060"><header display-inline="yes-display-inline">Corporation for national and community
service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H4AEACF1299A847728E2F391B26E7A643"><header display-inline="yes-display-inline">Operating
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H34D66AD1B47749C191A793A2695E9D23"><text display-inline="no-display-inline">For necessary expenses for the Corporation
for National and Community Service (<quote>the Corporation</quote>) to carry
out the Domestic Volunteer Service Act of 1973 (<quote>1973 Act</quote>) and
the National and Community Service Act of 1990 (<quote>1990 Act</quote>),
$982,400,000, and notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H1CDF988FA9D94DFF949E176C761E1013"><header display-inline="yes-display-inline">National service
trust</header>
</appropriations-small><appropriations-small commented="no" id="HB00764C3E94640D9B4A639D982FCC29C"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For necessary expenses for the National
Service Trust established under subtitle D of title I of the National and
Community Service Act of 1990 (<quote>1990 Act</quote>),
$271,186,000, to remain available until
expended:
<proviso><italic>Provided</italic></proviso>, That the Corporation for
National and Community Service may transfer additional funds from the amount
provided within <quote>Operating Expenses</quote> 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:
<proviso><italic> Provided further</italic></proviso>,
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).</text>
</appropriations-small><appropriations-small commented="no" id="H2C33D73D9DB04B9F8F25947211B23F28"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H9E73E159341947E9B8F94AFC35EBE27B"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General in carrying out the Inspector General Act of 1978,
$9,000,000.</text>
</appropriations-small><appropriations-small commented="no" id="H7480D68EBCC34DBDB7E1C297EC54AA53"><header display-inline="yes-display-inline">Administrative
provisions</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HD23261F703944A1192961020434A9FB4" section-type="subsequent-section"><enum>401.</enum><text display-inline="yes-display-inline">The Corporation for National and Community
Service (<quote>the Corporation</quote>) 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H8D7AE0836CE3402B8A959486861A7ACD" section-type="subsequent-section"><enum>402.</enum><text display-inline="yes-display-inline">Donations made to the Corporation for
National and Community Service under section 196 of the National and Community
Service Act of 1990 (<quote>1990 Act</quote>) 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idDC269273708F4923ABF1A3ED629162A8" section-type="subsequent-section"><enum>403.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate commented="no" id="H1D4360F1A98049539284029C05EFA40C"><header display-inline="yes-display-inline">Corporation for public
broadcasting</header><text display-inline="no-display-inline">For payment to
the Corporation for Public Broadcasting (<quote>Corporation</quote>), as
authorized by the <act-name parsable-cite="CA34">Communications Act of
1934</act-name>, an amount which shall be available within limitations
specified by that Act, for the fiscal year 2013,
$460,000,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H307CA8C032644C8F8FB4B9880390A705"><header display-inline="yes-display-inline">Federal mediation and conciliation
service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H99BE1FF9D6B646F892D3197137ADC29A"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Federal
Mediation and Conciliation Service (<quote>Service</quote>) 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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That
fees for arbitration services shall be available only for education, training,
and professional development of the agency workforce:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H60AC0D0781514C83BF7BE7E8AE401462"><header display-inline="yes-display-inline">Federal mine safety and health review
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA2DC94E4142F4477913AF5CA99A6EFF7"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Federal Mine
Safety and Health Review Commission,
$15,755,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H4336F3EE95C143508FB75CED58DE6427"><header display-inline="yes-display-inline">Institute of museum and library
services</header>
</appropriations-intermediate><appropriations-small commented="no" id="H00D9D6AF2FCF46919764267F6EF04AEE"><header display-inline="yes-display-inline">Office of museum and library services:
grants and administration</header><text display-inline="no-display-inline">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 <quote>Office of Museum and Library
Services: Grants and Administration</quote> in the committee report of the
Senate accompanying this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8D5645B2573945C9BE5758C0CB09D824"><header display-inline="yes-display-inline">Medicare payment advisory
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC25E94EAC34F45338FF51792672291BB"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary to carry out section
1805 of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
$12,700,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HD4F071E589704D529D626FDB1DA1D21E"><header display-inline="yes-display-inline">National council on
disability</header>
</appropriations-intermediate><appropriations-small commented="no" id="H489AE99123D8470FA43EE7B293B2F3B3"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the National
Council on Disability as authorized by title IV of the
<act-name parsable-cite="REH">Rehabilitation Act of 1973</act-name>,
$3,337,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idCAA149C8E5764CB2AA806DB8C46BF0F8"><header display-inline="yes-display-inline">National Health Care Workforce
Commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="id91C52B309168419892524B98D59C1F95"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H0C403C58905946C18FD7AF951EFB5C1F"><header display-inline="yes-display-inline">National labor relations
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HD12A769AC48A4DEF8105F6F2343628FD"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HA7ECD37BAA774DDABB02B16F1B31D211"><header display-inline="yes-display-inline">National mediation
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HFB63727E3E1A47348BAE56CDBF80D403"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the Railway Labor Act, including emergency boards appointed by
the President,
$13,772,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H61EE6513EC7D4B959B57B212CABA526A"><header display-inline="yes-display-inline">Occupational safety and health review
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA241B285BFA94B3DA5EAE82F9A207A64"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Occupational
Safety and Health Review Commission,
$12,051,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE85A222E2E6B48678C214177A231113D"><header display-inline="yes-display-inline">Railroad retirement
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HFBE154A7EBDA4B1687B736E8100392D9"><header display-inline="yes-display-inline">Dual benefits payments
account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HE25C7B30273B4A718EBAB5C7A0D8B608"><header display-inline="yes-display-inline">Federal payments to the railroad retirement
accounts</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H31E2DD25EA394F41B9665548DCB2A3E1"><header display-inline="yes-display-inline">Limitation on administration</header><text display-inline="no-display-inline">For necessary expenses for the Railroad
Retirement Board (<quote>Board</quote>) 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.</text>
</appropriations-small><appropriations-small commented="no" id="H83D336E254E14C138620AA813A57102F"><header display-inline="yes-display-inline">Limitation on the office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H7A3E451977D84B5781FE0C2B35C83CF9"><header display-inline="yes-display-inline">Social security
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA32778E8D70D4044B610148812811127"><header display-inline="yes-display-inline">Payments to social security trust
funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$21,404,000.</text>
</appropriations-small><appropriations-small commented="no" id="H36A6FDD6D6BB4A669D16AC7511C66683"><header display-inline="yes-display-inline">Supplemental security income
program</header><text display-inline="no-display-inline">For carrying out
titles XI and XVI of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, $40,513,000,000, to remain
available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text><text display-inline="no-display-inline">For making, after June 15 of the current
fiscal year, benefit payments to individuals under title XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, for unanticipated
costs incurred for the current fiscal year, such sums as may be
necessary.</text><text display-inline="no-display-inline">For making benefit
payments under title XVI of the <act-name parsable-cite="SSA">Social Security
Act</act-name> for the first quarter of fiscal year 2012,
$13,400,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="HC8911E6216C3441683CD501CE3D97608"><header display-inline="yes-display-inline">Limitation on administrative
expenses</header>
</appropriations-small><appropriations-small commented="no" id="id04924599CEDB49D385F16CEC83E3036F"><header display-inline="yes-display-inline">(including rescission of
funds)</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, from any one or all of the trust funds referred to therein:
<proviso><italic>Provided</italic></proviso>, That not less than
$2,300,000 shall be for the Social Security
Advisory Board:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H9330922B400F4E97951BCFC9536D507B"><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, for the cost associated with conducting redeterminations of
eligibility under title XVI of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, and to complete implementation of asset verification
initiatives:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H19CB8E8FE89B47C38546448FB7CA45A1"><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HA5DDC0ECC1AE4423BFA10C0FEB074FD4"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id76EF580FA4B546FF98A1F3CFE0266D15"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H6F4DF2E9A8184441BDFBEF8F485C377A"><header display-inline="yes-display-inline">Office of inspector
general</header>
</appropriations-small><appropriations-small commented="no" id="HA52F99ED3963489CA7000A23F49BCE24"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund.</text><text display-inline="no-display-inline">In addition, an
amount not to exceed 3 percent of the total provided in this appropriation may
be transferred from the <quote>Limitation on Administrative Expenses</quote>,
Social Security Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
<proviso><italic>Provided,</italic></proviso> That notice of such
transfers shall be transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate.</text>
</appropriations-small></section><enum>V</enum>
<appropriations-major commented="no" id="id58E4C2B520BB4F9DAA31E3EEEA593FDA"><header display-inline="yes-display-inline">General
Provisions</header>
</appropriations-major><section commented="no" display-inline="no-display-inline" id="H6D7B1A40F59E4C348DC4F4DF98F9D6DC" section-type="subsequent-section"><enum>501.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5D85608C891D40BB892A51CABEAF7517" section-type="subsequent-section"><enum>502.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section commented="no" display-inline="no-display-inline" id="H771B96C98499428DB92D12A83EB9DC19" section-type="subsequent-section"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6F81111544BF4A25AEDD4FCA3EE221AE"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H21ECA0FBDFC34C58BA587FC99B404500"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H72E5264E2D0542F7BB96632F4CD422F0" section-type="subsequent-section"><enum>504.</enum><text display-inline="yes-display-inline">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 <quote>Federal Mediation and Conciliation Service,
Salaries and expenses</quote>; 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 <quote>National Mediation Board, Salaries and
expenses</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="H8024B60F9B7D4695883A41FCC1BF4ADF" section-type="subsequent-section"><enum>505.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HA31BB9FEC2CB4843AC27558CD9FC9E5A" section-type="subsequent-section"><enum>506.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H97F9303ECCA740FBAB170E6B45F9AE2D"><enum>(1)</enum><text display-inline="yes-display-inline">the percentage of the total costs of the
program or project which will be financed with Federal money;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HA4841706D4A246229D29130247B1BF4E"><enum>(2)</enum><text display-inline="yes-display-inline">the dollar amount of Federal funds for the
project or program; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H072FA230ACC4436B96A31139AE919C85"><enum>(3)</enum><text display-inline="yes-display-inline">percentage and dollar amount of the total
costs of the project or program that will be financed by non-governmental
sources.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HD3755F6C9D914A98AA7EA9BA41E64F8E" section-type="subsequent-section"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA4FCDC6E67B44A1D996C0D3F7323ED38"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H9C15655709B44341A9DE2A7B4E7BB623"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HCE87678B83394D4C9D5FAAC5409F9C8B"><enum>(c)</enum><text display-inline="yes-display-inline">The term <term>health benefits
coverage</term> means the package of services covered by a managed care
provider or organization pursuant to a contract or other arrangement.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HB3BEE93FAEFF407D80E59380C2B0B7AD" section-type="subsequent-section"><enum>508.</enum><subsection commented="no" display-inline="yes-display-inline" id="H784428169F8948A69EE0D4934069D895"><enum>(a)</enum><text display-inline="yes-display-inline">The limitations established in the
preceding section shall not apply to an abortion—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE7D173D5C03A45A1A19E77E5053F470A"><enum>(1)</enum><text display-inline="yes-display-inline">if the pregnancy is the result of an act of
rape or incest; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HE10AAB8ACE9349A88BF1E910E198C866"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HE213EA9E612C4E74B2F8DCEBC9DF936A"><enum>(b)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H6C673CF969404888B07CEDEB0EAE07F6"><enum>(c)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H3A75D10CE72D44EA90E9B4C102B60DAF"><enum>(d)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H62FF8C72730847D1851C9E96C616A329"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H3DA96DCC794642E5AB49E67E6D98BF17" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">In this subsection, the term
<term>healthcare entity</term> 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.</text>
</paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="H0DC896101B934DB19C6183EACCD767CA" section-type="subsequent-section"><enum>509.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2061433F02294972978E7A394D632868"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H92067FF5CA394D2BA09CD91D90156927"><enum>(1)</enum><text display-inline="yes-display-inline">the creation of a human embryo or embryos
for research purposes; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H33268275EE814402BFAA43F33C4C6752"><enum>(2)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="PHSA">Public
Health Service Act</act-name> (42 U.S.C. 289g(b)).</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H6AD0C193ECC042DD8192E99357BDBB28"><enum>(b)</enum><text display-inline="yes-display-inline">For purposes of this section, the term
<term>human embryo or embryos</term> 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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HBFA5422CF6E2494A8BAD43242A113A8E" section-type="subsequent-section"><enum>510.</enum><subsection commented="no" display-inline="yes-display-inline" id="HCEDD9DDFD05B44059010208390AEC7A6"><enum>(a)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="CSA">Controlled Substances Act</act-name> except for normal and
recognized executive-congressional communications.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF0B3FCB0A4C5493A964B3DA982CE77D2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H8A60D6BAF7034957B7530734B9F63480" section-type="subsequent-section"><enum>511.</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H4988DFD6C461460A9E66EF940E6E35EF" section-type="subsequent-section"><enum>512.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H38C283470F8E483DB816A7532F5E21FB"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9118A3B7865E48589341C8393D6D031F"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HB536891850E44A27BDBE8A1603595E35" section-type="subsequent-section"><enum>513.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H9FA522389A874D9AA778C87DF17FAD24" section-type="subsequent-section"><enum>514.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H3833E359F5B943779FBC32BC76823E81" section-type="subsequent-section"><enum>515.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act to carry out part D of title II of the <act-name parsable-cite="ESEA">Elementary and Secondary Education Act of 1965</act-name>
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H3BD55EDF467F4A29AAFF341BD07E7E99" section-type="subsequent-section"><enum>516.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6E4089528E3C486F9791BCBBD58826D1"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE22179F51C0F4571BFD05C65832F6814"><enum>(1)</enum><text display-inline="yes-display-inline">creates new programs;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H2E6C9CDA05A842D3BE5C1424EAA65E89"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, or
activity;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8E0B4DBF8691478CA667E4CFAA66686F"><enum>(3)</enum><text display-inline="yes-display-inline">increases funds or personnel by any means
for any project or activity for which funds have been denied or
restricted;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H57E4709C382141C4AEC1ACE4BAC523AF"><enum>(4)</enum><text display-inline="yes-display-inline">relocates an office or employees;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF6C4EF0CB0B046E3A4A528F4CB579386"><enum>(5)</enum><text display-inline="yes-display-inline">reorganizes or renames offices;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H5AE7CBC022AF41D68CBCDE91523FC09E"><enum>(6)</enum><text display-inline="yes-display-inline">reorganizes programs or activities;
or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9B0FC3C11D284288828DEF3C76A233C1"><enum>(7)</enum><text display-inline="yes-display-inline">contracts out or privatizes any functions
or activities presently performed by Federal employees;</text>
</paragraph><continuation-text commented="no" continuation-text-level="subsection">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.</continuation-text></subsection><subsection commented="no" display-inline="no-display-inline" id="HD7FB550E328B46398BABA40605DCC7CF"><enum>(b)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC3CB0748F94C4103A3A1FDCD42D45CD3"><enum>(1)</enum><text display-inline="yes-display-inline">augments existing programs, projects
(including construction projects), or activities;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HE36A944276704AC28003A5F53E1C0634"><enum>(2)</enum><text display-inline="yes-display-inline">reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HD8D26EDA0A1C48A6A918247FFA563543"><enum>(3)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><continuation-text commented="no" continuation-text-level="subsection">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.</continuation-text></subsection></section><section commented="no" display-inline="no-display-inline" id="HCB532860965F4F8FAA5A1336FC5EF768" section-type="subsequent-section"><enum>517.</enum><subsection commented="no" display-inline="yes-display-inline" id="H17739E25ABCA4181A856EDB685C7BE08"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H0EE9EF8F14E040B3B8AD9BD198187C8A"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to disseminate scientific information that is deliberately
false or misleading.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H1BD8643E4D5C4965AD8FA1373F39AFC8" section-type="subsequent-section"><enum>518.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H6EE1D7B0C406413E9F8EE514484390C6" section-type="subsequent-section"><enum>519.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HDA27FE6F72F641FA9A351FEEA5353A9C" section-type="subsequent-section"><enum>520.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id7621E529E10742F1BB6321D52F978461"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id02EA4A21C88F4517AD33882C3D06B83C" section-type="subsequent-section"><enum>521.</enum><text display-inline="yes-display-inline">For an additional amount for the
<quote>Social Security Administration Limitation on Administrative
Expenses</quote> account, $1,863,280, to
increase the Social Security Administration's acquisition workforce capacity
and capabilities:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
That such transfer authority is in addition to any other transfer authority
provided in this Act:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
That such funds shall be available for information technology in support of
acquisition workforce effectiveness or for management solutions to improve
acquisition management.</text>
<appropriations-small commented="no" id="H2E4CBBADE2DF4706B4CD022C273793E4"><text display-inline="no-display-inline">This Act may be cited as the
<quote><short-title>Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2011</short-title></quote></text>
</appropriations-small></section>
August 2, 2010
Reported with an
amendment