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, 2012, and for other purposes,
namely:
<enum>I</enum><header>Department of
labor</header>
<appropriations-intermediate id="H9000B5C6280D444B85DDF3EB8216AEA5"><header>Employment and training
administration</header>
</appropriations-intermediate><appropriations-small id="HECD9EA234A944A59B798843F17CE265D"><header>Training
and employment services</header>
</appropriations-small><appropriations-small id="H6A4F288B3CAC487ABA9875437F349B21"><header>(Including
rescission and transfer of funds)</header><text display-inline="no-display-inline">For necessary expenses of the Workforce
Investment Act of 1998 (referred to in this Act as the <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, $962,205,000, plus reimbursements, shall be available.
Of the amounts provided:</text>
<paragraph id="H6DD853FC6A9748F6ABE0F7415692AE04"><enum>(1)</enum><text display-inline="yes-display-inline">for grants to States for adult employment
and training activities, youth activities, and dislocated worker employment and
training activities, $723,020,000 as follows:</text>
<subparagraph id="H04845307BCE9451F97F9982529FF10A9"><enum>(A)</enum><text display-inline="yes-display-inline">$207,520,000 for adult employment and
training activities which shall be available for the period July 1, 2012
through December 31, 2012;</text>
</subparagraph><subparagraph id="HA6926B6292594C5BBE6C81F9210B1C3E"><enum>(B)</enum><text>$413,784,000 for
youth activities, which shall be available for the period April 1, 2012 through
December 31, 2012;</text>
</subparagraph><subparagraph id="H94CBC93F2F554B7FBE275F9063A8E0EC"><enum>(C)</enum><text display-inline="yes-display-inline">$101,716,000 for dislocated worker
employment and training activities which shall be available for the period July
1, 2012 through December 31, 2012; and</text>
</subparagraph><subparagraph id="H28F602A04955411B8E480A3C5B1079B4"><enum>(D)</enum><text>No funds shall be
available for the Workforce Innovation Fund as established by section
1801(a)(3) of division B of Public Law 112-10;<deleted-phrase reported-display-style="strikethrough"></deleted-phrase></text>
</subparagraph><continuation-text continuation-text-level="paragraph"><italic>Provided,</italic> That
notwithstanding the transfer limitation under section 133(b)(4) of the WIA, up
to 30 percent of such funds may be transferred by a local board if approved by
the Governor: <italic>Provided further</italic>, 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:<italic>Provided further</italic>, That notwithstanding
section 128(a)(1) of the WIA, the amount available to the Governor for
statewide workforce investment activities shall not exceed 10 percent of the
amount allotted to the State from each of the appropriations under the
preceding subparagraphs: <italic>Provided further</italic>, That of the
unobligated balances made available for the Workforce Innovation Fund by
section 1801(a)(3) of division B of Public Law 112-10, $125,000,000 is
rescinded;</continuation-text></paragraph><paragraph id="HF5434F8802C545E785300EF1EBF2B42D"><enum>(2)</enum><text>for federally
administered programs, $175,969,000 as follows:</text>
<subparagraph id="H49000E50403746A5A4CE05F2F02F0AF7"><enum>(A)</enum><text display-inline="yes-display-inline">$64,580,000 for the dislocated workers
assistance national reserve which shall be available for the period July 1,
2012 through December 31, 2012: <italic>Provided,</italic> That funds described
in 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: <italic>Provided further</italic>, 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;
<italic>Provided further</italic>, That none of the funds shall be obligated to
carry out section 173(e) of the WIA;</text>
</subparagraph><subparagraph id="H178D0F77107D4D0CB8A21CB479E97214"><enum>(B)</enum><text display-inline="yes-display-inline">$27,079,000 for Native American programs,
which shall be available for the period July 1, 2012 through December 31,
2012;</text>
</subparagraph><subparagraph id="HF9890DE0122D49D4B0F7F232B20FC1D1"><enum>(C)</enum><text display-inline="yes-display-inline">$43,310,000 for migrant and seasonal
farmworker programs under section 167 of the WIA, including $38,110,000 for
formula grants (of which not less than 70 percent shall be for employment and
training services), $2,700,000 for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent housing), and $2,500,000 for other
discretionary purposes, which shall be available for the period July 1, 2012
through December 31, 2012: <italic>Provided,</italic> That notwithstanding any
other provision of law or related regulation, the Secretary 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 id="H760874317C2D4BFB86CB8C22FC04048D"><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, 2012 through September 30, 2013; and</text>
</subparagraph><subparagraph id="H8E23FF7DBA9D477FB70BB6CADA14969D"><enum>(E)</enum><text display-inline="yes-display-inline">$40,000,000 for YouthBuild activities as
described in section 173A of the WIA, which shall be available for the period
April 1, 2012 through December 31, 2012;</text>
</subparagraph></paragraph><paragraph id="H4A265BA5D3364DF1AF7EF898F1F0B732"><enum>(3)</enum><text display-inline="yes-display-inline">for national activities, $63,216,000, as
follows:</text>
<subparagraph id="H83B5EF66DED3468EBBA85FCDC29256B9"><enum>(A)</enum><text display-inline="yes-display-inline">$6,616,000 for Pilots, Demonstrations, and
Research, which shall be available for the period April 1, 2012 through
September 31, 2013: <italic>Provided</italic>, That funds made available by
Public Law 112-10 for program year 2011 that were designated for grants to
address the employment and training needs of young parents may be used for
other pilots, demonstration, and research activities;</text>
</subparagraph><subparagraph display-inline="no-display-inline" id="H50451666054943A2B3CCFE26B0867BF4"><enum>(B)</enum><text display-inline="yes-display-inline">$45,000,000 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, 2012
through December 31, 2012, and which shall not be subject to the requirements
of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA: <italic>Provided,</italic>
That not less than $10,000,000 shall be for competitive grants to national and
regional intermediaries for activities that prepare young ex-offenders and
school dropouts for employment, with a priority for projects serving
high-crime, high-poverty areas;</text>
</subparagraph><subparagraph id="H69F78E200FA742399BA6F533563644B2"><enum>(C)</enum><text display-inline="yes-display-inline">$11,600,000 for Evaluation, which shall be
available for the period July 1, 2012 through September 30, 2013;</text>
</subparagraph><subparagraph id="H522C9F0838C84D58AC12F131BED0A932"><enum>(D)</enum><text>No funds shall be
available for the Green Jobs Innovation Fund; and</text>
</subparagraph><subparagraph id="H09D8E7A469F94B5F88A3BC1F02792609"><enum>(E)</enum><text>No funds shall be
available for the Workforce Data Quality Initiative.<deleted-phrase reported-display-style="strikethrough"></deleted-phrase></text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="HF64C25AD3D8B4520890FC6C654FDB2CF"><header>Office of
job corps</header>
</appropriations-small><appropriations-small id="H0B3410415D49466584E7DC3C1FFE2328"><text display-inline="no-display-inline">To carry out subtitle C of title I of the
WIA, 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 WIA, $2,223,930,000, plus reimbursements, as
follows:</text>
<paragraph id="H0AE29AA157CF4ACB8E9799A3BE6498C1"><enum>(1)</enum><text display-inline="yes-display-inline">$2,089,000,000 for Job Corps Operations,
which shall be available for obligation for the period July 1, 2012 through
September 30, 2013;</text>
</paragraph><paragraph id="H1B0F48FEF0BD4AAEA82A4C4D061EE677"><enum>(2)</enum><text display-inline="yes-display-inline">$103,500,000 for construction,
rehabilitation and acquisition of Job Corps Centers, which shall be available
for the period July 1, 2012 through September 30, 2015:
<italic>Provided</italic>, That the Secretary of Labor may transfer up to 15
percent of such funds to meet the operational needs of such centers:
<italic>Provided further</italic>, That any funds transferred pursuant to the
preceding proviso shall not be available for obligation after September 30,
2013; and</text>
</paragraph><paragraph id="H94307E3776E149A19CE0D26D24B97C31"><enum>(3)</enum><text display-inline="yes-display-inline">$31,430,000 for necessary expenses of the
Office of Job Corps, which shall be available for obligation for the period
October 1, 2011 through September 30, 2012;</text>
</paragraph></appropriations-small><section id="LEXA-RepairidAFCA07A7180D43719F9AD3C442106C03"><continuation-text continuation-text-level="section"><italic>Provided,</italic> That no
funds from any other appropriation shall be used to provide meal services at or
for Job Corps centers: <italic>Provided further</italic>, That no funds shall
be available to initiate a competition for any new Job Corps center not
previously approved through a competitive selection process by the Secretary of
Labor.</continuation-text></section><appropriations-small id="HCBD4E1BA1F7A4DFA896CC3B787C843F1"><header>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, $450,000,000, which shall be available for the period July 1, 2012
through September 30, 2013.</text>
</appropriations-small><appropriations-small id="HE4AEB63DE89445FDA1441EEBA1C7D949"><header>Federal
unemployment benefits and allowances</header><text display-inline="no-display-inline">For payments during fiscal year 2012 of
trade adjustment benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act;
and for training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under part II
of subchapter B of chapter 2 of title II of the Trade Act of 1974, including
benefit payments, allowances, training, and related State administration
provided pursuant to paragraphs (1) and (2) of section 1891(b) of the Trade and
Globalization Adjustment Assistance Act of 2009, $1,100,100,000, together with
such amounts as may be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15,
2012.</text>
</appropriations-small><appropriations-small id="HCEBBF99E6D46493AAB901B587EF22A7C"><header>State
unemployment insurance and employment service operations</header><text display-inline="no-display-inline">For authorized administrative expenses,
$43,139,000, together with not to exceed $3,629,167,000, which may be expended
from the Employment Security Administration Account in the Unemployment Trust
Fund (<quote>the Trust Fund</quote>), of which:</text>
<paragraph id="H9CC116F898D342638371D23E5578110B"><enum>(1)</enum><text display-inline="yes-display-inline">$3,190,899,000 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 $10,000,000 to
conduct in-person reemployment 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,
reemployment 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, 2012, except that funds used for
automation acquisitions or incentive grants for improved operations shall be
available for obligation by the States through September 30, 2014, and funds
used for unemployment insurance workloads experienced by the States through
September 30, 2012 shall be available for Federal obligation through December
31, 2012;</text>
</paragraph><paragraph id="H45BF26F44440446C8188C08CCC795FE5"><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 id="HC1FB91F4A1DA411EB1F168474D797F62"><enum>(3)</enum><text display-inline="yes-display-inline">$340,447,000 from the Trust Fund, together
with $11,342,000 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, 2012 through December 31,
2012;</text>
</paragraph><paragraph id="H22573247B4884D38A35D49E93A6C223C"><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 id="HC9B70FC684B34456BAA3BD16B725FB66"><enum>(5)</enum><text display-inline="yes-display-inline">$65,517,000 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 $50,418,000 shall be
available for the Federal administration of such activities, and $15,099,000
shall be available for grants to States for the administration of such
activities; and</text>
</paragraph><paragraph id="H6FB714AE434B44EAB413B9960B1245B2"><enum>(6)</enum><text display-inline="yes-display-inline">$31,797,000 from the general fund of the
Treasury 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 WIA and shall be available for Federal obligation for the period July 1,
2012 through December 31, 2012:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid56029C3E7DE544A0AF749069FBE8C6EC"><continuation-text continuation-text-level="section"><italic>Provided</italic>, That to the
extent that the Average Weekly Insured Unemployment (<quote>AWIU</quote>) for
fiscal year 2012 is projected by the Secretary of Labor to exceed 4,832,000, an
additional $28,600,000 from the Trust Fund shall be available for obligation
for every 100,000 increase in the AWIU level (including a pro rata amount for
any increment less than 100,000) to carry out title III of the Social Security
Act: <italic>Provided further</italic>, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of the
Social Security Act may be used by such State to assist other States in
carrying out activities under such title III if the other States include areas
that have suffered a major disaster declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Act: <italic>Provided
further</italic>, That the Secretary of Labor may use funds appropriated for
grants to States under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New Hires under
section 453(j)(8) of such Act: <italic>Provided further</italic>, 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: <italic>Provided
further,</italic> That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the Wagner-Peyser Act
may be used by States to fund integrated Unemployment Insurance and Employment
Service automation efforts, notwithstanding cost allocation principles
prescribed under the Office of Management and Budget Circular A-87:
<italic>Provided further</italic>, That the Secretary of Labor, at the request
of a State participating in a consortium with other States, may reallot funds
allotted to such State under title III of the Social Security Act to other
States participating in the consortium in order to carry out activities that
benefit the administration of the unemployment compensation law of the State
making the request.</continuation-text></section><section display-inline="no-display-inline" id="H52EC4308BA5A484485DF4B6A70E0E4F8" section-type="undesignated-section"><text display-inline="yes-display-inline">In addition, $60,000,000 from the
Employment Security Administration Account of the Unemployment Trust Fund shall
be available to conduct in-person reemployment and eligibility assessments and
unemployment insurance improper payment reviews.</text>
<appropriations-small id="HF7EC36BECE894862A04E51F5F88342C5"><header>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 Social Security Act, and to the Black Lung Disability
Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of
1986; and for nonrepayable advances to the Unemployment Trust Fund as
authorized by 5 U.S.C. 8509, and to the <quote>Federal Unemployment Benefits
and Allowances</quote> account, such sums as may be necessary, which shall be
available for obligation through September 30,
2013.</text>
</appropriations-small><appropriations-small id="H68C897205FCA48F0B81AF43C482FA088"><header>Program
administration</header><text display-inline="no-display-inline">For expenses of
administering employment and training programs, $91,320,000, together with not
to exceed $50,040,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust
Fund.</text>
</appropriations-small><appropriations-intermediate id="HCDF7F071297941C688B4E70109D6777E"><header>Employee benefits security
administration</header>
</appropriations-intermediate><appropriations-small id="H39ED8C6247F643D8AD66DEF1E351C94C"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Employee Benefits Security Administration,
$159,363,000.</text>
</appropriations-small><appropriations-intermediate id="HDB1EA4CBABF64288B0C2055AF176A966"><header>Pension Benefit Guaranty
Corporation</header>
</appropriations-intermediate><appropriations-small id="H700333C6642A49718CB1A3B566904891"><header>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, 2012, for
the Corporation: <italic>Provided</italic>, That none of the funds available to
the Corporation for fiscal year 2012 shall be available for obligations for
administrative expenses in excess of $476,901,000: <italic>Provided
further</italic>, That to the extent that the number of new plan participants
in plans terminated by the Corporation exceeds 100,000 in fiscal year 2012, an
amount not to exceed an additional $9,200,000 shall be available through
September 30, 2013, for obligation for administrative expenses for every 20,000
additional terminated participants: <italic>Provided further</italic>, That an
additional $50,000 shall be made available through September 30, 2013 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: <italic>Provided further</italic>, That obligations in excess of the
amounts provided in this paragraph may be incurred for unforeseen and
extraordinary pre-termination expenses or extraordinary multiemployer program
related 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 id="H8A83AB0E1D2344D3B570FC4CD2E08FE5"><header>Wage and hour
division</header>
</appropriations-intermediate><appropriations-small id="H246CFC0C9427403D9406951F2960D08D"><header>Salaries
and expenses</header><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, $214,805,000.</text>
</appropriations-small><appropriations-intermediate id="H856660BC65A04850B5C59E07C97BDDB0"><header>Office of Labor-Management
Standards</header>
</appropriations-intermediate><appropriations-small id="H93D3022DE1D24BC78F3B7C977263BBD5"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Office of Labor-Management Standards,
$41,367,000.</text>
</appropriations-small><appropriations-intermediate id="H0DE13A33F3004C70B240308487584E24"><header>Office of federal contract
compliance programs</header>
</appropriations-intermediate><appropriations-small id="HB303CEB406C94F029EAA4F098FB06700"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Office of Federal Contract Compliance Programs,
$105,386,000.</text>
</appropriations-small><appropriations-intermediate id="HBCEB2C6417E54207B1244BD2A981BD69"><header>Office of workers’ compensation
programs</header>
</appropriations-intermediate><appropriations-small id="H37AC546CC4F54F35A34BFBCBD1ECB80E"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Office of Workers’ Compensation Programs, $115,939,000,
together with $2,124,000, 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 id="HCFDA24E81DFE4CBDAF248F281F22203F"><header>Special
benefits</header>
</appropriations-small><appropriations-small id="H4C89B5680146429893FE8350D47F841B"><header>(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, $350,000,000, 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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, That balances of reimbursements unobligated on September 30,
2011 shall remain available until expended for the payment of compensation,
benefits, and expenses: <italic>Provided further</italic>, 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, 2012: <italic>Provided
further</italic>, 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, $59,488,000 shall be made available to the Secretary as
follows:</text>
<paragraph id="H97ED6D5F4F8E4DDB9E8BD6102A521BC7"><enum>(1)</enum><text display-inline="yes-display-inline">For enhancement and maintenance of
automated data processing systems and telecommunications systems,
$17,253,000;</text>
</paragraph><paragraph id="H7353DA58F06948E4B91FBDA3306723E6"><enum>(2)</enum><text display-inline="yes-display-inline">For automated workload processing
operations, including document imaging, centralized mail intake, and medical
bill processing, $26,769,000;</text>
</paragraph><paragraph id="HD49925DACB924E3FABA08EAF3EF824CF"><enum>(3)</enum><text display-inline="yes-display-inline">For periodic roll management and medical
review, $15,466,000; and</text>
</paragraph><paragraph id="H679DF93D5176467BA3417B3363EE4719"><enum>(4)</enum><text>The remaining
funds shall be paid into the Treasury as miscellaneous receipts:</text>
</paragraph></appropriations-small><continuation-text continuation-text-level="section"><italic>Provided further</italic>, 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></section><appropriations-small id="H57C0068C817445E291DA54768DCCF790"><header>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,
$141,227,000, 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 2013, $40,000,000,
to remain available until expended.</text>
</appropriations-small><appropriations-small id="H69B97FAEADA8439193816F11EABBCA35"><header>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, $52,147,000, to
remain available until expended: <italic>Provided,</italic> 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 id="HB82C86CECA484F6390D89A9A3385AFC3"><header>Black lung
disability trust fund</header>
</appropriations-small><appropriations-small id="H067DEFF34EF44F2AA05D9FE37BF05B8E"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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(d)(4) of that Act. In addition, the following
amounts may be expended from the Fund for fiscal year 2012 for expenses of
operation and administration of the Black Lung Benefits program, as authorized
by section 9501(d)(5): not to exceed $32,906,000 for transfer to the Office of
Workers’ Compensation Programs, <quote>Salaries and Expenses</quote>; not to
exceed $25,217,000 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 id="H92476C3EB750419A8280BC4E7705BD63"><header>Occupational safety and health
administration</header>
</appropriations-intermediate><appropriations-small id="H847888541F5C47B4993C060297243B21"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Occupational Safety and Health Administration, $565,712,000,
including not to exceed $104,184,000, 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: <italic>Provided,</italic> That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2012, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of the Act of April 13, 1934 (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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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 id="HEF60ACE79FA24B9587004E04B9EC264D"><enum>(1)</enum><text>to provide, as
authorized by the Act, consultation, technical assistance, educational and
training services, and to conduct surveys and studies;</text>
</paragraph><paragraph id="H756AE032A4FF4C41B8E63DF19167F027"><enum>(2)</enum><text>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 id="H263C1471F04C47F7ACCDE63DA7E66BE3"><enum>(3)</enum><text>to take any action
authorized by the Act with respect to imminent dangers;</text>
</paragraph><paragraph id="HEB1B31F980DE41E596A7EEA125C865FF"><enum>(4)</enum><text>to take any action
authorized by the Act with respect to health hazards;</text>
</paragraph><paragraph id="H039AEFF14DCC49A09CFD9EF4DAAC9013"><enum>(5)</enum><text>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 id="H666FD14E82494CEFA3A1029F7E9F2E43"><enum>(6)</enum><text>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-Repairid7B575DA804884A319BCCA6DB80151261"><continuation-text continuation-text-level="section"><italic>Provided further</italic>, 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; <italic>Provided further</italic>, That no funds shall be
available for Susan Harwood training grants.</continuation-text></section><appropriations-intermediate id="H0FA3698A9F4E4790ADE9E8A44E7AD783"><header>Mine safety and health
administration</header>
</appropriations-intermediate><appropriations-small id="H098ED459FC9140AC84AF75121F22B912"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Mine Safety and Health Administration, $379,854,000, 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; 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 $1,499,000
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;
and, in addition, the Secretary of Labor may transfer from amounts provided
under this heading up to $15,000,000 to <quote>Departmental Management</quote>
for activities related to the Office of the Solicitor’s caseload before the
Federal Mine Safety and Health Review Commission; 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 id="H6760A044BF744906BF7595AEE78D77D4"><header>Bureau of labor
statistics</header>
</appropriations-intermediate><appropriations-small id="H310021826A6541FB9A77083858AD7DD6"><header>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, $552,921,000, together with not to exceed $67,303,000, 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 id="H978A8D963F594BE19F3B4E874AAB0418"><header>Office of disability employment
policy</header>
</appropriations-intermediate><appropriations-small id="H0C9F127833A140C5B406D37D5050CC98"><header>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, $39,031,000.</text>
</appropriations-small><appropriations-intermediate id="HCB28AE1D2D59459E84C640FE1100C766"><header>Departmental
management</header>
</appropriations-intermediate><appropriations-small id="H53E37219E1A3487DA4B6BC9AD4EF1DC3"><header>Salaries
and expenses</header>
</appropriations-small><appropriations-small id="HFA344AD3CDE24BAAB8938CC6577F47E7"><header>(Including
transfer of funds)</header><text display-inline="no-display-inline">For
necessary expenses for Departmental Management, including the hire of three
passenger motor vehicles, $268,407,000, together with not to exceed $326,000,
which may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund: <italic>Provided</italic>, That $26,332,000 is for
the Bureau of International Labor Affairs and shall be available for obligation
through December 31, 2012: <italic>Provided further</italic>, 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, or other arrangements: <italic>Provided
further</italic>, That $8,500,000 shall be used for program evaluation:
<italic>Provided further</italic>, That funds available for program evaluation
may be transferred to any other appropriate account in the Department of Labor
for such purpose: <italic>Provided further</italic>, That not more than
$87,213,000 of the funds made available for Legal Services may be obligated
until the Secretary of Labor provides to the Committees on Appropriations of
the House of Representatives and the Senate a copy of the operating plan issued
by the Solicitor of Labor on September 22, 2010, as well as a copy of the plan
as it exists on the date of enactment of this Act: <italic>Provided
further</italic>, That from amounts provided herein, the Women’s Bureau is
authorized to award grants to serve and promote the interests of women in the
workforce.</text>
</appropriations-small><appropriations-small id="H210FC65C52094D13B737E610C08276B3"><header>Veterans
employment and training</header><text display-inline="no-display-inline">Not to
exceed $212,065,000 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, 2012, of which
$2,449,000 is for the National Veterans' Employment and Training Services
Institute. In addition, to carry out Department of Labor programs under section
5(a)(1) of the Homeless Veterans Comprehensive Assistance Act of 2001 and the
Veterans Workforce Investment Programs under section 168 of the WIA,
$58,971,000, of which $19,641,000 shall be available for obligation for the
period July 1, 2012, through September 30, 2013.</text>
</appropriations-small><appropriations-small id="H1284D9514146465D83D6F437A1C695DF"><header> IT
modernization</header><text display-inline="no-display-inline">For necessary
expenses for Department of Labor centralized infrastructure technology
investment activities related to support systems and modernization,
$25,000,000.</text>
</appropriations-small><appropriations-small id="H7E0145644F274028B01E80615F97D709"><header>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, $78,453,000 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 id="H9E11781A110A401CA63430C14BE01DE5"><header>General
provisions</header>
</appropriations-intermediate><section id="H5AC446EB0B8A4301A8E072F7C77E55CE"><enum>101.</enum><text>None of the funds
appropriated by this Act for the Job Corps shall be used to pay the salary and
bonuses of an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level III.</text>
<appropriations-small id="H34261AB68F5545CCA2EA8C2896C230F9"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H3AB8B59D37E04FDF847C48A1C2A63A43"><enum>102.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer and approve such transfer.</text>
</section><section id="HC114DA927417447E99916693F63CDAAC"><enum>103.</enum><text>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, in 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 id="H47ED49B4C8844282A89BADD551854FB8"><enum>104.</enum><text>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 id="H6E0E51EEF8F14E70AE62BDCF71CC8F87"><enum>105.</enum><text>None of the funds
made available by this Act or available to the Secretary of Labor from other
sources for Career Pathways Innovation Fund grants and 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 id="HC4762E0446964F2A936949022FE26B90"><enum>106.</enum><text>None of the funds
made available by 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 III. 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. Notwithstanding this section,
the limitation on salaries for the Job Corps shall continue to be governed by
section 101.</text>
</section><section display-inline="no-display-inline" id="H58F4C3480F9E4F30B088BB573CAFE791"><enum>107.</enum><text display-inline="yes-display-inline">Notwithstanding section 102, the Secretary
of Labor may transfer funds made available to the Employment and Training
Administration by this Act or by Public Law 112-10, either directly or through
a set-aside, for technical assistance services to grantees to <quote>Program
Administration</quote> when it is determined that those services will be more
efficiently performed by Federal staff.</text>
</section><section display-inline="no-display-inline" id="HB6E3B7C72E874950BE6FE34DE1EE066B"><enum>108.</enum><text display-inline="yes-display-inline">Notwithstanding section 128(a)(1) of the
WIA, for funds provided for State allotments under such Act in Public Law
112-10, the amount available to the Governor for statewide workforce investment
activities shall not exceed 5 percent.</text>
</section><section id="H038D61E8E7AE4CE39211EB792C3B8032"><enum>109.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to promulgate or implement a final rule amending part 2510 of
title 29, Code of Federal Regulations, (relating to the definition of the term
<quote>fiduciary</quote> under section 3(21)(A) of the Employee Retirement
Income Security Act of 1974), including the proposed rulemaking published by
the Employee Benefits Security Administration of the Department of Labor on
October 22, 2010 (75 Fed. Reg. 65263).</text>
</section><section id="H568FF2375DCA4802843EE3312FD58B23"><enum>110.</enum><text display-inline="yes-display-inline">Section 3142(b) of title 40, United States
Code, is amended—</text>
<paragraph id="HA911422DA4AD4DCE8D656E85A6384B16"><enum>(1)</enum><text>by inserting
<quote>(acting through the Bureau of Labor Statistics of the Department of
Labor)</quote> after <quote>Secretary of Labor</quote>; and</text>
</paragraph><paragraph id="HCFA24142580C4447A307DFF93E85CB9A"><enum>(2)</enum><text>by inserting
before the period at the end, <quote>, using surveys carried out by the Bureau
of Labor Statistics that use proper random statistical sampling
techniques</quote>.</text>
</paragraph></section><section id="HE351CD9B02434438A4440A52A2A3167C"><enum>111.</enum><text display-inline="yes-display-inline">None of the funds made available by this
title may be used to implement, administer, or enforce the final regulations on
<quote>Federal Acquisition Regulation; FAR Case 2009-005, Use of Project Labor
Agreements for Federal Construction Projects</quote> published by the
Department of Defense, General Services Administration, and National
Aeronautics and Space Administration on April 13, 2010 (75 Fed. Reg.
19168).</text>
</section><section id="H8C20D22D6F1141E89693A57573025FB4"><enum>112.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to administer, implement, or promote the Department of Labor
program known as <quote>Bridge to Justice</quote> or any similar attorney
referral program that refers individuals with complaints relating to employment
violations to private attorneys.</text>
</section><section id="H1BD44EB179C641A2BBE785E0B1D00542"><enum>113.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to continue the development of or to promulgate the Right to
Know Under the Fair Labor Standards Act regulation (Regulatory Identification
Number 1235-AA04) being developed by the Wage and Hour Division of the
Department of Labor.</text>
</section><section id="H47F442060D9245049489B94022496575"><enum>114.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to promulgate or implement a final rule amending parts 405 and
406 of title 29, Code of Federal Regulations (relating to employer and labor
relations consultant reporting under the Labor-Management Reporting and
Disclosure Act), including the proposed rulemaking published by the Office of
Labor-Management Standards of the Department of Labor on June 21, 2011 (76 Fed.
Reg. 26178 et seq.).</text>
</section><section display-inline="no-display-inline" id="H5290E45D69DE4A099EAEC362299476AC"><enum>115.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to pay the salaries and expenses of personnel of the Department
of Labor to require an H-2A employer to reimburse the cost of an H-2A worker’s
transportation and subsistence from—</text>
<paragraph id="H66A56AEE9C9F46CA9DB6F6DC88B76E7B"><enum>(1)</enum><text>the place from
which the H–2A worker was approved to enter the United States to the location
at which the work for the employer is performed; or</text>
</paragraph><paragraph id="HB03B42C6BD7248DBBDAE062BB7030C45"><enum>(2)</enum><text>if the H–2A worker
traveled from a place in the United States at which the H–2A worker was last
employed, from such place of last employment to the location at which the work
for the employer is performed, prior to the pay period following the week
during which such worker completes 50 percent of the period of employment of
the job for which the worker was hired.</text>
</paragraph></section><section id="H7229A5FE3FBC4AB0834F959C57A4CB3F"><enum>116.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to pay the salaries and expenses of personnel of the Department
of Labor to require an H-2A employer to hire any qualified U.S. worker who
applies for work until such time as one-half the H-2A contract period has
ended.</text>
</section><section id="H583F880E1538415689F1B5FC552F8B89"><enum>117.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to pay the salaries and expenses of personnel of the Department
of Labor to require an H-2A employer to pay an H-2A worker a wage that is not
the prevailing hourly wage in the occupation for which the employer has
petitioned for workers.</text>
</section><section id="H1CD3C19F605641C79E952C899CF0B99D"><enum>118.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to—</text>
<paragraph id="H662BE537CF0248E2901F26B690B381EE"><enum>(1)</enum><text display-inline="yes-display-inline">continue the development of or to
promulgate, administer, enforce, or otherwise implement the Wage Methodology
for the Temporary Non-agricultural Employment H-2B Program regulation
(Regulatory Identification Number 1205-AB61) published by the Employment and
Training Administration of the Department of Labor on January 19, 2011 (76 Fed.
Reg. 3452 et seq.); or</text>
</paragraph><paragraph id="HA493722E6E9F45E797AB3A6EC893B5D3"><enum>(2)</enum><text display-inline="yes-display-inline">continue the development of or to
promulgate, administer, enforce, amend, issue a final rule, or otherwise
implement the Labor Certification Process and Enforcement for Temporary
Employment in Occupations Other Than Agriculture or Registered Nursing in the
United States (H-2B Workers) regulation (Regulatory Identification Number
1205-AB58) published by the Employment and Training Administration and the Wage
and Hour Division of the Department of Labor on March 18, 2011 (76 Fed. Reg.
15130 et seq.).</text>
</paragraph></section><section id="H4DCC0FF2ECE74B66985E54F72E05DEE8"><enum>119.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to continue the development of or to promulgate, administer,
enforce, or otherwise implement the Occupational Injury and Illness Recording
and Reporting Requirements—Musculoskeletal Disorders (MSD) Column regulation
(Regulatory Identification Number 1218-AC45) being developed by the
Occupational Safety and Health Administration of the Department of
Labor.</text>
</section><section id="HDDFBD09293EB44FBAACCCDD6A6688680"><enum>120.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to continue the development of or to promulgate, administer,
enforce, or otherwise implement the Injury and Illness Prevention Program
regulation (Regulatory Identification Number 1218-AC48) being developed by the
Occupational Safety and Health Administration of the Department of
Labor.</text>
</section><section id="H6EC6DE756CCE4AA7928D1E15441C3908"><enum>121.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to enforce the cancellation of compliance directive STD
03-00-001 (Plain Language Revision of OSHA Instruction STD 3-1, Interim Fall
Protection Compliance Guidance for Residential Construction) as it relates to
residential reroofing and roof-repair activities.</text>
</section><section id="H0E5C663DF232449D94583BF5910C4BDA"><enum>122.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to continue the development of or to promulgate, administer,
enforce, or otherwise implement the Lowering Miners' Exposure to Coal Mine
Dust, Including Continuous Personal Dust Monitors regulation (Regulatory
Identification Number 1219-AB64) being developed by the Mine Safety and Health
Administration of the Department of Labor.</text>
</section><section id="HB308C46E35AE436A9A7A15082D1085F5"><enum>123.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act for the Department of Labor may be used to initiate, administer,
promulgate, or enforce any ‘‘significant regulatory action’’ as defined by
Executive Order 12866 unless the Committees on Appropriations of the House of
Representatives and Senate have been notified at least 30 days prior to the
issuance of such action.</text>
</section><section id="HA5A0997A2EF74365973D11918CB6D10B"><enum>124.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act for the Department of Labor may be used to develop new courses, modules,
learning materials, or projects in carrying out education or career job
training grant programs unless the Secretary of Labor certifies, after a
comprehensive market-based analysis, that such courses, modules, learning
materials, or projects are not otherwise available for purchase or licensing in
the marketplace or under development for students who require them to
participate in such education or career job training grant programs.</text>
</section><section id="H7DF9B7F31FB64C6A80D5F3784A0E9E06"><enum>125.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act for the Department of Labor may be used to pay the salaries and expenses of
personnel of the Office of Recovery for Auto Communities and Workers of the
Department of Labor.</text>
</section><section id="H7CFE0BFEB3D448ED88A02C86503F7988"><enum>126. </enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used by the Secretary of Labor to administer or enforce 29 CFR
779.372(c)(4).</text>
</section><section id="H229CD7B6187C4A29A9A8730FB028F46F"><enum>127.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used for the purpose of compensating employees for official time, as
such term is defined in subsections (a), (c), and (d) of section 7131 of title
5, United States Code, except in the case in which an employee uses official
time for the purpose of:</text>
<paragraph id="H7248871FE0AE4483A1582E5489C2B2C9"><enum>(a) </enum><text display-inline="yes-display-inline">the negotiation of a collective bargaining
agreement, including attendance at an impasse proceeding, that has commenced
before the date of enactment of this Act;</text>
</paragraph><paragraph id="H772EBEC601B14C8CB093FF1A0FAA06C4"><enum>(b)</enum><text>any proceeding
before the Federal Labor Relations Authority that has commenced before the date
of enactment of this Act; or</text>
</paragraph><paragraph id="HBDA8E41CCFE44CEDA90E2A2A9490894E"><enum>(c)</enum><text>any other matter
with respect to which an agreement has been made prior to the date of enactment
of this Act that official time may be used or granted.</text>
</paragraph></section><appropriations-small id="H4B88CF43553E4A11BAB63FFCB2BE7245"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Labor Appropriations
Act, 2012</short-title></quote>.</text>
</appropriations-small><enum>II</enum><header>Department of
health and human services</header>
<appropriations-intermediate id="H8AF42DB4A2F04D5D96CC411440ECFB6D"><header>Health resources and services
administration</header>
</appropriations-intermediate><appropriations-small id="H1572F6B005044C23A466FAF64F88AF4A"><header>Primary
health care</header><text display-inline="no-display-inline">For carrying out
titles II and III of the Public Health Service Act (referred to in this Act as
the “PHS Act”) with respect to primary health care, $2,594,230,000, of which
$129,000 shall be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: <italic>Provided,</italic> That funds
provided under this heading shall be used to continue the same number of health
center service delivery sites supported in the previous fiscal year:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That no more than $95,073,000 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
pertaining to administrative claims made under such
law.</text>
</appropriations-small><appropriations-small id="H4E42184671C34F08A3202594B900F873"><header>Health
workforce</header><text display-inline="no-display-inline">For carrying out
titles III, VII, and VIII of the PHS Act with respect to the health workforce,
section 1128E of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $601,841,000: <italic>Provided</italic>, That the
proportional funding amounts in paragraphs (1) through (4) of section 756(e) of
the PHS Act shall not apply to funds made available under this heading:
<italic>Provided further</italic>, That no funds shall be available for section
340G–1 of the PHS Act: <italic>Provided further</italic>, 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 such
Act sufficient to recover the full costs of operating the National Practitioner
Data Bank, and shall remain available until expended to carry out such Act:
<italic>Provided further</italic>, 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 Social Security Act,
shall be sufficient to recover the full costs of operating the program, and
shall remain available until expended to carry out that Act: <italic>Provided
further</italic>, That dentistry faculty loan repayments shall be made using
the same terms and conditions as the Nursing Faculty Loan Repayment program
authorized under section 738 of the PHS Act unless otherwise authorized:
<italic>Provided further</italic>, 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 provisions: <italic>Provided
further</italic>, That in addition to amounts provided herein, $2,815,000 shall
be available from amounts available under section 241 of the PHS Act to carry
out titles VII and VIII and section 340G of the PHS
Act.</text>
</appropriations-small><appropriations-small id="H2AE6CD5109F24EE09B6AA4FCF78F4B2B"><header>Maternal
and child health</header><text display-inline="no-display-inline">For carrying
out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and
child health, title V of the Social Security Act, and section 712 of the
American Jobs Creation Act of 2004, $850,408,000: <italic>Provided</italic>,
That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security
Act, not more than $90,216,000 shall be available for carrying out special
projects of regional and national significance pursuant to section 501(a)(2) of
such Act and $10,379,000 shall be available for projects described in
paragraphs (A) through (F) of section 501(a)(3) of such
Act.</text>
</appropriations-small><appropriations-small id="HCB10F7C797994591ABDDB041B198CC46"><header>Ryan white
HIV/AIDS program</header><text display-inline="no-display-inline">For carrying
out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program,
$2,311,665,000, of which $1,980,670,000 shall remain available to the Secretary
of Health and Human Services through September 30, 2014, for parts A and B of
title XXVI of the PHS Act, of which not less than $885,000,000 shall be for
State AIDS Drug Assistance Programs under the authority of section 2616 or
311(c) of such Act: <italic>Provided</italic>, 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 Special Projects of National Significance under section
2691.</text>
</appropriations-small><appropriations-small id="H1ECD56BE63F64208979FE3D77AEA147E"><header>Health
care systems</header><text display-inline="no-display-inline">For carrying out
titles III and XII of the PHS Act with respect to health care systems, and the
Stem Cell Therapeutic and Research Act of 2005,
$63,896,000.</text>
</appropriations-small><appropriations-small id="HCC16794DDEF04388814E646C28FE98CA"><header>Rural
health</header><text display-inline="no-display-inline">For carrying out titles
III and IV of the PHS Act with respect to rural health, section 427(a) of the
Federal Coal Mine Health and Safety Act, and sections 711 and 1820 of the
Social Security Act, $139,853,000, of which $41,118,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be available
for carrying out the Medicare rural hospital flexibility grants program:
<italic>Provided</italic>, That of the funds made available under this heading
for Medicare rural hospital flexibility grants, $15,000,000 shall be available
for the Small Rural Hospital Improvement Grant Program for quality improvement
and adoption of health information technology and $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:
<italic>Provided further</italic>, That notwithstanding section 338J(k) of the
PHS Act, $10,055,000 shall be available for State Offices of Rural
Health.</text>
</appropriations-small><appropriations-small id="HCDD2D0968E214B3C83C59BF744325C99"><header>Program
management</header><text display-inline="no-display-inline">For program support
in the Health Resources and Services Administration, $147,052,000:
<italic>Provided</italic>, That funds made available under this heading may be
used to supplement program support funding provided under the headings “Primary
Health Care”, “Health Workforce”, “Maternal and Child Health”, “Ryan White
HIV/AIDS Program”, “Health Care Systems”, and “Rural
Health”.</text>
</appropriations-small><appropriations-small id="H02F6E3096D8B4347A9BDAF4B5077E2C9"><header>Health
education assistance loans program account</header><text display-inline="no-display-inline">Such sums as may be necessary to carry out
the purpose of the program, as authorized by title VII of the PHS Act. For
administrative expenses to carry out the guaranteed loan program, including
section 709 of the PHS Act, $2,841,000.</text>
</appropriations-small><appropriations-small id="H26CF425F9942448BADA572E2CCEC0BE4"><header>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 PHS Act, to remain available until expended:
<italic>Provided</italic>, That for necessary administrative expenses, not to
exceed $6,489,000 shall be available from the Trust Fund to the Secretary of
Health and Human Services.</text>
</appropriations-small><appropriations-intermediate id="HD41E1D3949DB407CB712AB13E7416C0F"><header>Centers for disease control and
prevention</header>
</appropriations-intermediate><appropriations-small id="HED0E56123BD3463699E177B3F46ECDC0"><header>Immunization and respiratory
diseases</header><text display-inline="no-display-inline">For carrying out
titles II, III, VII, XVII, and XXI, and section 2821 of the PHS Act, titles II
and IV of the Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act, with respect to immunization and respiratory
diseases, $686,765,000: <italic>Provided,</italic> That in addition to amounts
provided herein, $12,864,000 shall be available from amounts available under
section 241 of the PHS Act to carry out the National Immunization
Surveys.</text>
</appropriations-small><appropriations-small id="HF8E24E32972C4F93B5EDC8E6D6067E94"><header>HIV/AIDS,
viral hepatitis, sexually transmitted diseases, and tuberculosis
prevention</header><text display-inline="no-display-inline">For carrying out
titles II, III, VII, XVII, XXIII, and XXVI of the PHS Act with respect to
HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis
prevention, $1,043,291,000.</text>
</appropriations-small><appropriations-small id="H4AA3FDA8E6F7413E8256812B829A7996"><header>Emerging
and zoonotic infectious diseases</header><text display-inline="no-display-inline">For carrying out titles II, III, VII, and
XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance Act, with
respect to emerging and zoonotic infectious diseases,
$242,070,000.</text>
</appropriations-small><appropriations-small id="H1D40940A8DCC45288388211F3FAD03FE"><header>Chronic
disease prevention and health promotion</header><text display-inline="no-display-inline"><deleted-phrase reported-display-style="strikethrough"></deleted-phrase>For carrying out titles
II, III, VII, XI, XV, XVII, and XIX of the PHS Act with respect to chronic
disease prevention and health promotion, $701,680,000:
<italic>Provided</italic>, That funds appropriated under this account may be
available for making grants under section 1509 of the PHS Act for up to 21
States, tribes, or tribal organizations.</text>
</appropriations-small><appropriations-small id="HA41889B1568545A19E351965B8522377"><header>Birth
defects, developmental disabilities, disabilities and health</header><text display-inline="no-display-inline">For carrying out titles II, III, VII, XI,
and XVII of the PHS Act with respect to birth defects, developmental
disabilities, disabilities and health,
$121,809,000.</text>
</appropriations-small><appropriations-small id="H021A23DF1F75445795511BE928C20736"><header>Environmental
health</header><text display-inline="no-display-inline">For carrying out titles
II, III, VII, and XVII of the PHS Act with respect to environmental health,
$115,106,000.</text>
</appropriations-small><appropriations-small id="H1F7506A42C1D44A089D557CAF87AF51A"><header>Injury
prevention and control</header><text display-inline="no-display-inline">For
carrying out titles II, III, VII, and XVII of the PHS Act with respect to
injury prevention and control, $141,388,000.</text>
</appropriations-small><appropriations-small id="H71CB7EADB1A44CD4BDEEE49B922D335E"><header>Occupational safety and
health</header><text display-inline="no-display-inline"><deleted-phrase reported-display-style="strikethrough"></deleted-phrase>For carrying out titles
II, III, VII, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203,
301, 501, and 514 of the Federal Mine Safety and Health Act, section 13 of the
Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of
the Occupational Safety and Health Act, with respect to occupational safety and
health, $162,000,000: <italic>Provided</italic>, that in addition to amounts
provided herein, $87,663,000 shall be available from amounts available under
section 241 of the PHS Act.</text>
</appropriations-small><appropriations-small id="HCCD836908E5F43BA93D9D5FFF386A556"><header>Employees
occupational illness compensation program </header><text display-inline="no-display-inline">For necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program Act, $55,358,000 to
remain available until expended: <italic>Provided</italic>, 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-small id="H7C32655608154830A6A1740E47400A9C"><header>Global
health</header><text display-inline="no-display-inline">For carrying out titles
II, III, VII and XVII of the PHS Act with respect to global health,
$324,246,000, of which $118,023,000 for international HIV/AIDS shall remain
available through September 30, 2013: <italic>Provided,</italic> That funds may
be used for purchase and insurance of official motor vehicles in foreign
countries.</text>
</appropriations-small><appropriations-small id="H0BA3D7FD53AF481AB99395D6957EEF62"><header>Public
health preparedness and response</header><text display-inline="no-display-inline">For carrying out titles II, III, VII, and
XVII of the PHS Act with respect to public health preparedness and response,
and for expenses necessary to support activities related to countering
potential biological, nuclear, radiological, and chemical threats to civilian
populations, and related to the purchase, hire, maintenance, and operation of
aircraft for use and support of the activities of the Centers for Disease
Control and Prevention, $1,340,104,000, of which $522,486,000 shall remain
available until expended for the Strategic National Stockpile under section
319F–2 of the PHS Act.</text>
</appropriations-small><appropriations-small id="HDA894AA710CA4E7F92908E37DBAEA68E"><header>Buildings
and facilities</header><text display-inline="no-display-inline">For acquisition
of real property, equipment, construction and renovation of facilities,
$30,000,000, which shall remain available until September 30,
2016.</text>
</appropriations-small><appropriations-small id="HE9A0525D9C50484DBA68EF7707BA197A"><header>Health
statistics</header><text display-inline="no-display-inline">For carrying out
titles II and III of the PHS Act with respect to health statistics,
$136,683,000 shall be available from amounts available under section 241 of the
PHS Act.</text>
</appropriations-small><appropriations-small id="H5EA4EE59DC774F7F99C05E217B86614F"><header>Cross-cutting activities and
program support</header><text display-inline="no-display-inline">For carrying
out titles II, III, VII, XVII and XIX, and section 2821 of the PHS Act and for
cross-cutting activities and program support that supplement activities funded
under the headings “Immunization and Respiratory Diseases”, “HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention”,
“Emerging and Zoonotic Infectious Diseases”, “Chronic Disease Prevention and
Health Promotion”, “Birth Defects, Developmental Disabilities, Disabilities and
Health”, “Environmental Health”, “Injury Prevention and Control”, “Occupational
Safety and Health”, “Employees Occupational Illness Compensation Program Act”,
“Global Health”, “Public Health Preparedness and Response”, “Buildings and
Facilities”, and “Health Statistics”, $688,940,000, of which $100,000,000 shall
be for the Preventive Health and Health Services Block Grant Program:
<italic>Provided</italic>, That paragraphs (1) through (3) of subsection (b) of
section 2821 of the PHS Act shall not apply to funds appropriated under this
heading and in all other accounts of the Centers for Disease Control and
Prevention: <italic>Provided further</italic>, That in addition to amounts
provided herein, $109,086,000 shall be available from amounts available under
section 241 of the PHS Act to carry out Public Health Scientific Services:
<italic>Provided</italic><italic>further</italic>, 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: <italic>Provided further</italic>, That the
Centers for Disease Control and Prevention may use up to $10,000 from amounts
appropriated to the Centers for Disease Control and Prevention in this Act for
official reception and representation expenses when specifically approved by
the Director of the Centers for Disease Control and Prevention:
<italic>Provided</italic><italic>further</italic>, That funds made available
under “Immunization and Respiratory Diseases”, “HIV/AIDS, Viral Hepatitis,
Sexually Transmitted Diseases, and Tuberculosis Prevention”, “Emerging and
Zoonotic Infectious Diseases”, “Chronic Disease Prevention and Health
Promotion”, “Birth Defects, Developmental Disabilities, Disabilities and
Health”, “Environmental Health”, and “Injury Prevention and Control” may be
used for international public health activities only after an operating plan
for these activities has been submitted to the Committees on Appropriations of
the House of Representatives and the Senate, and such Committees issue an
approval, or absent a response, a period of 45 days has elapsed:
<italic>Provided further</italic>, That such sums as may be derived from
authorized user fees, which shall be credited to the appropriation charged with
the cost thereof: <italic>Provided further</italic>, That with respect to the
previous proviso, authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2013.</text>
</appropriations-small><appropriations-intermediate id="HA027B7BD90534FD9B3786DF6406C93A2"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="H8A944CB7C9D74ED89D6F8B88291BB0E9"><header>National
cancer institute</header><text display-inline="no-display-inline">For carrying
out section 301 and title IV of the PHS Act with respect to cancer,
$5,196,136,000, 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 id="HE3ECBAB26819439495E9B2F73E49E2A7"><header>National
heart, lung, and blood institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,147,992,000.</text>
</appropriations-small><appropriations-small id="HB1E975E4A28848E5B007C3C9054BA367"><header>National
institute of dental and craniofacial research</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to dental disease,
$420,369,000.</text>
</appropriations-small><appropriations-small id="H80ED8514B917405BB51C8128B66B81E9"><header>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 PHS Act with respect to diabetes and digestive and kidney diseases,
$1,837,957,000.</text>
</appropriations-small><appropriations-small id="HFF6E2085EC2446D786B72CF18B75F56C"><header>National
institute of neurological disorders and stroke</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to neurological disorders and stroke,
$1,664,253,000.</text>
</appropriations-small><appropriations-small id="HD0C0B02751A0419E99E79EB78589CE8E"><header>National
institute of allergy and infectious diseases</header>
</appropriations-small><appropriations-small id="H9C1B37A212A2452A8F2A23ACF659F31A"><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to allergy and infectious diseases,
$4,915,970,000.</text>
</appropriations-small><appropriations-small id="H26D2C0AE56CD45E5BB514D3B297A6C5F"><header>National
institute of general medical sciences</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to general medical sciences,
$2,102,300,000.</text>
</appropriations-small><appropriations-small id="H37FD67BC5B5A48439C3C9EC46F8926B4"><header>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 PHS Act with respect to child health and human
development, $1,352,189,000.</text>
</appropriations-small><appropriations-small id="H4CCE2EE4CB7B4107A8BF52E4EA1056D5"><header>National
eye institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the PHS Act with respect to eye diseases and visual
disorders, $719,059,000.</text>
</appropriations-small><appropriations-small id="H6833FBBBD1344BBA87E3B41F6D6B42FD"><header>National
institute of environmental health sciences</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to environmental health sciences, $700,537,000, of
which none of the funds may be used for travel by the Office of the
Director.</text>
</appropriations-small><appropriations-small id="H3D02FDBBFCC747B7BD0332534969A21E"><header>National
institute on aging</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the PHS Act with respect to aging,
$1,129,987,000.</text>
</appropriations-small><appropriations-small id="H9B94AD60C12E49BEAD0F04E3423669C0"><header>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 PHS Act with respect to arthritis and musculoskeletal and skin diseases,
$547,891,000.</text>
</appropriations-small><appropriations-small id="H24B472B63D4A474481E7363429BB4B63"><header>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 PHS Act with respect to deafness and other communication disorders,
$426,043,000.</text>
</appropriations-small><appropriations-small id="HF7C4466B65D6497897050F3D5C49B43C"><header>National
institute of nursing research</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to nursing research,
$148,114,000.</text>
</appropriations-small><appropriations-small id="H6DA389D4970A48638904D2FF7A965B33"><header>National
institute on alcohol abuse and alcoholism</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to alcohol abuse and alcoholism,
$469,197,000.</text>
</appropriations-small><appropriations-small id="H09D27624B895484D9DF83C06EB002229"><header>National
institute on drug abuse</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the PHS Act with respect to drug
abuse, $1,080,018,000.</text>
</appropriations-small><appropriations-small id="H2F0F4CCC628344A8A9DD67369AFFC143"><header>National
institute of mental health</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the PHS Act with respect to mental
health, $1,517,006,000.</text>
</appropriations-small><appropriations-small id="H7496AB21B719453989628AA29F92B9EE"><header>National
human genome research institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to human genome research,
$524,807,000.</text>
</appropriations-small><appropriations-small id="HC6E9CF7077464F609D3B45309678AD96"><header>National
institute of biomedical imaging and bioengineering</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the PHS Act with respect to biomedical
imaging and bioengineering research,
$322,106,000.</text>
</appropriations-small><appropriations-small id="HE16732E806B841FDA0363332D5EC84C8"><header>National
center for research resources</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to research resources and general research support
grants, $1,397,900,000: <italic>Provided,</italic> That not less than
$330,598,000 is provided for the Institutional Development Awards
program.</text>
</appropriations-small><appropriations-small id="HE28A15C3A9704D4BBBE4BE1D9483131D"><header>National
center for complementary and alternative medicine</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to complementary and alternative medicine,
$131,002,000.</text>
</appropriations-small><appropriations-small id="H0917236120354A9B98821335108C8E1C"><header>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 PHS Act with respect to minority health and health disparities research,
$214,608,000.</text>
</appropriations-small><appropriations-small id="HF5D24D7B154F48378BAFF7F00209523C"><header>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 PHS Act), $71,328,000.</text>
</appropriations-small><appropriations-small id="HB4E467016C444F288EFA69ADEDBB4FAB"><header>National
library of medicine</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the PHS Act with respect to health
information communications, $387,153,000: <italic>Provided</italic>, That in
fiscal year 2012, 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:
<italic>Provided further</italic>, 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 id="H238B731AEC414352A9FF94144F9EA81E"><header>Office of
the director</header>
</appropriations-small><appropriations-small id="HD275E5EB15354C9DB384C8AE7FCAFE00"><header>(including
transfer of funds)</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>), $1,198,412,000, of which up to
$25,000,000 shall be used to carry out section 213 of this Act:
<italic>Provided</italic>, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement only:
<italic>Provided further</italic>, That the NIH shall 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:
<italic>Provided further</italic>, That all funds credited to the NIH
Management Fund shall remain available for one fiscal year after the fiscal
year in which they are deposited: <italic>Provided further</italic>, That
$193,880,000 shall be available for continuation of the National Children’s
Study: <italic>Provided further</italic>, That $556,890,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS Act:
<italic>Provided further</italic>, That none of the funds provided for the
Common Fund may be used to fund any Common Fund-supported initiatives for a
period of more than 10 fiscal years: <italic>Provided further</italic>, That up
to $10,000,000 shall be available for the Director’s Discretionary Fund, of
which up to $2,000,000 may be used to establish the Cures Acceleration Board
within the Office of the Director’s Division of Program Coordination, Planning,
and Strategic Initiatives to develop a plan with prioritized recommendations
related to the Cures Acceleration Network for consideration in future
appropriations: <italic>Provided further</italic>, That up to $10,000 shall be
for official reception and representation expenses when specifically approved
by the Director of the NIH: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That the Director of the NIH shall ensure that at least 9,150
new and competing research project grants are awarded in fiscal year 2012 from
all Institute, Center, and Office of the Director accounts within the
<quote>Department of Health and Human Services, National Institutes of
Health</quote>: <italic>Provided further</italic>, That the Director of the NIH
shall, with respect to the aggregate amount of funds appropriated to the NIH by
this Act, maintain an allocation of 90 percent to extramural activities and 10
percent for intramural activities:<italic> Provided further</italic>, That the
Director of the NIH shall ensure that, of all funds made available to
Institute, Center, and Office of the Director accounts within ‘‘Department of
Health and Human Services, National Institutes of Health’’, at least
$487,767,000 is provided to the Clinical & Translational Sciences Awards
program: <italic>Provided further</italic>, That the Director of the NIH may
request to direct up to 1 percent of the total amount made available in this
Act to all National Institutes of Health appropriations to activities the
Director may so designate: <italic>Provided further</italic>, That no such
appropriations shall be decreased by more than 1 percent by any such transfer
and that the Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of any transfer and approve
such transfer.</text>
</appropriations-small><appropriations-small id="H1076E262A1734029BFB0D76E9E1769CC"><header>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, $125,581,000, to remain available until September 30,
2016.</text>
</appropriations-small><appropriations-intermediate id="H09EEA12D15214CC9AAFD729CA477617C"><header>Substance abuse and mental
health services administration</header>
</appropriations-intermediate><appropriations-small id="H21D6C23C543D4008AF294C56CD1361BA"><header>Mental
health</header><text display-inline="no-display-inline">For carrying out titles
III, V, and XIX of the PHS Act with respect to mental health, and the
Protection and Advocacy for Individuals with Mental Illness Act, $765,438,000:
<italic>Provided</italic>, That notwithstanding section 520A(f)(2) of the PHS
Act, no funds appropriated for carrying out section 520A shall be available for
carrying out section 1971 of the PHS Act: <italic>Provided further</italic>,
That in addition to amounts provided herein, $20,997,000 shall be available
under section 241 of the PHS Act 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: <italic>Provided
further</italic>, That section 520E(b)(2) of the PHS Act shall not apply to
funds appropriated under this Act for fiscal year
2012.</text>
</appropriations-small><appropriations-small id="H6528986630D541859D6D0FBB13FE038F"><header>Substance
abuse</header>
</appropriations-small><appropriations-small id="H18C9042ADEA54596856F459A969D0671"><text display-inline="no-display-inline">For carrying out titles III, V, and XIX of
the PHS Act with respect to substance abuse, $2,199,360,000 :
<italic>Provided</italic>, 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 under section 1935(b) of such Act, 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;
and (2) $2,000,000 to evaluate substance abuse treatment programs:
<italic>Provided further</italic>, That no funds shall be available for the
National All Schedules Prescription Reporting
system.</text>
</appropriations-small><appropriations-small id="H5630DD07FFCA404CAD345E9D393E053C"><header>Health
surveillance and program support</header><text display-inline="no-display-inline">For program support in the Substance Abuse
and Mental Health Services Administration, $122,116,000:
<italic>Provided</italic>, That in addition to amounts provided herein,
$29,346,000 shall be available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse and mental health,
to collect and analyze program data, and to conduct public awareness and
technical assistance activities: <italic>Provided further</italic>, That funds
made available under this heading may be used to supplement program support
funding provided under the headings “Substance Abuse”, “Mental Health”, and
“Cross-Cutting Activities”.</text>
</appropriations-small><appropriations-small id="H15BF48C5AF074261BFB336B164B2585C"><header>Cross-cutting
activities</header><text display-inline="no-display-inline">For cross-cutting
activities that supplement activities funded under the headings “Substance
Abuse” and “Mental Health” in carrying out title V of the PHS Act,
$10,000,000.</text>
</appropriations-small><appropriations-intermediate id="H67DF33DFB7AD4FE4AA17DCAB9C8EF370"><header>Agency for healthcare research
and quality</header>
</appropriations-intermediate><appropriations-small id="H77CABD2CF63B4C8B9D33DD03660DE024"><header>Healthcare
research and quality</header><text display-inline="no-display-inline">For
carrying out titles III and IX of the PHS Act, part A of title XI of the Social
Security Act, and section 1013 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until September 30,
2013: <italic>Provided</italic>, That the amount made available pursuant to
section 937(c) of the PHS Act shall not exceed
$324,294,000.</text>
</appropriations-small><appropriations-intermediate id="H11D3FCB4694F418B953577E805D72B7A"><header>Centers for medicare and
medicaid services</header>
</appropriations-intermediate><appropriations-small id="H788299766A294A41A1347A5434348C69"><header>Grants to
states for medicaid</header><text display-inline="no-display-inline">Except as
otherwise provided, for carrying out titles XI and XIX of the Social Security
Act, $184,623,203,000, to remain available until expended.</text><text display-inline="no-display-inline">For making, after May 31, 2012, payments to
States or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act (or in the case of section 1928 of such title, on
behalf of states) for the last quarter of fiscal year 2012 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 Social Security Act (or in the case of section 1928 of such title, on
behalf of states) of Section for the first quarter of fiscal year 2013,
$90,614,082,000, to remain available until expended.</text><text display-inline="no-display-inline">Payment
under such 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 id="H2C1E9C070BE54E9B8032BE8C7D53188C"><header>Payments
to health care 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 Social Security Act, sections 103(c) and 111(d) of
the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248,
and for administrative expenses incurred pursuant to section 201(g) of the
Social Security Act, $231,012,000,000.</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 Social
Security Act that were not anticipated in budget estimates, such sums as may be
necessary.</text>
</appropriations-small><appropriations-small id="H4ED60AB05514446294EB529A7B9BFF45"><header>Program
management</header><text display-inline="no-display-inline">Except as otherwise
provided, for carrying out titles XI, XVIII, XIX, and XXI of the Social
Security Act, titles XIII and XXVII of the PHS Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,173,005,000, to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with section 353
of the PHS Act and section 1857(e)(2) of the Social Security Act, funds
retained by the Secretary of Health and Human Services pursuant to section 302
of the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall be
credited to this account and remain available until September 30, 2013:
<italic>Provided,</italic> That no funds shall be provided to the Research,
Demonstration, and Evaluation program: <italic>Provided further,</italic> That
the level for Medical Operations shall be $2,103,266,000: <italic>Provided
further, </italic>That the level for the Federal Administration Program shall
be $675,263,000: <italic>Provided further,</italic> That all funds derived in
accordance with section 9701 of Title 31, United States Code from organizations
established under title XIII of the PHS Act shall be credited to and available
for carrying out the purposes of this appropriation: <italic>Provided
further,</italic> That $34,000,000, to remain available through September 30,
2013, shall be for contract costs for the Healthcare Integrated General Ledger
Accounting System: <italic>Provided further,</italic> That none of the funds
provided shall be used to support the Center for Consumer Information and
Insurance Oversight or activities developed, administered, or implemented by
this Center: <italic>Provided further,</italic> That the Secretary is directed
to collect fees in fiscal year 2012 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: <italic>Provided
further</italic>, That $44,000,000 shall be available for the State high-risk
health insurance pool program as authorized by the State High Risk Pool Funding
Extension Act of 2006.</text>
</appropriations-small><appropriations-small id="HF24B110ECE194A8F934966C9FB9892E5"><header>Health
care fraud and abuse control account</header><text display-inline="no-display-inline">In addition to amounts otherwise available
for program integrity and program management, $581,000,000, to remain available
through September 30, 2013, 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
$332,301,000 shall be for the Medicare Integrity Program at the Centers for
Medicare and Medicaid Services, including administrative costs, to conduct
oversight activities for Medicare Advantage under Part C and the Medicare
Prescription Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act; of which $97,556,000 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; of which $58,058,000 shall be for the Medicaid and Children's Health
Insurance Program (<quote>CHIP</quote>) program integrity activities; and of
which $93,085,000 shall be for the Department of Justice to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such Act:
<italic>Provided</italic>, That the report required by section 1817(k)(5) of
the Social Security Act for fiscal year 2012 shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in the Medicare,
Medicaid, and CHIP programs from the funds provided by this appropriation:
<italic>Provided further, </italic>That the Secretary of Health and Human
Services shall support the full cost of the Senior Medicare Patrol program to
combat health care fraud and abuse from the funds provided to this
account.</text>
</appropriations-small><appropriations-intermediate id="H351420BC3D1F44099E545677229C92B1"><header>Administration for children and
families</header>
</appropriations-intermediate><appropriations-small id="HDD7F13B801F149719AE7DDB29E7584BB"><header>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 Social Security Act and the Act of July 5, 1960, $2,305,035,000, to
remain available until expended; and for such purposes for the first quarter of
fiscal year 2013, $1,100,000,000, to remain available until
expended.</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 Social Security Act before the effective date
of the program of Temporary Assistance for Needy Families with respect to such
State, such sums as may be necessary: <italic>Provided</italic>, 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 Social
Security Act and the Act of July 5, 1960, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current fiscal year, such
sums as may be necessary.</text>
</appropriations-small><appropriations-small id="H2CCB73DF522740AA933946A34F6C59E7"><header>Low income
home energy assistance</header><text display-inline="no-display-inline">For
making payments under subsections (b) and (d) of section 2602 of the Low Income
Home Energy Assistance Act of 1981, $3,391,973,000: <italic>Provided</italic>,
That notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $2,000,000 of such amounts may be reserved by
the Secretary of Health and Human Services for monitoring program activities
for compliance with internal controls, policies, and
procedures.</text>
</appropriations-small><appropriations-small id="H4507C173DD16462C86467993C0BEDC02"><header>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 Immigration and Nationality Act and section 501 of the
Refugee Education Assistance Act of 1980, for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, and the Trafficking
Victims Protection Act of 2000, for costs associated with the care and
placement of unaccompanied alien children, and for carrying out the Torture
Victims Relief Act of 1998, $729,466,000, of which up to $9,794,000 shall be
available to carry out the Trafficking Victims Protection Act of 2000:
<italic>Provided</italic>, That funds appropriated under this heading pursuant
to section 414(a) of the Immigration and Nationality Act, section 462 of the
Homeland Security Act of 2002, section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, and the Trafficking
Victims Protection Act of 2000 for fiscal year 2012 shall be available for the
costs of assistance provided and other activities to remain available through
September 30, 2014.</text>
</appropriations-small><appropriations-small id="HA22B9304EC644A90A5D90B3695ABB119"><header>Payments
to states for the child care and development block grant</header><text display-inline="no-display-inline">For carrying out the Child Care and
Development Block Grant Act of 1990, $2,222,628,000 shall be used to
supplement, not supplant, State general revenue funds for child care assistance
for low-income families: <italic>Provided</italic>, That $18,922,000 shall be
available for child care resource and referral and school-aged child care
activities. <italic>Provided further,</italic> That, in addition to the amounts
required to be reserved by the States under section 658G, $283,592,000 shall be
reserved by the States for activities authorized under section 658G, of which
$104,005,000 shall be for activities that improve the quality of infant and
toddler care: <italic>Provided further,</italic> That $9,890,000 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 id="H7F5B45D09EC6424D93244C12F9A87519"><header>Social
services block grant</header><text display-inline="no-display-inline">For
making grants to States pursuant to section 2002 of the Social Security Act,
$1,700,000,000: <italic>Provided</italic>, 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 id="H0053AEAFD2FD434BA802A75F9BA36411"><header>Children
and families services programs</header>
</appropriations-small><appropriations-small id="H0EB7971E4FC544148846F1CBC2DF5152"><header>(Including
transfer of funds)</header><text display-inline="no-display-inline">For
carrying out, except as otherwise provided, the Runaway and Homeless Youth Act,
the Developmental Disabilities Assistance and Bill of Rights Act of 2000, the
Head Start Act, the Child Abuse Prevention and Treatment Act, sections 303 and
313 of the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (adoption opportunities), the Abandoned Infants
Assistance Act of 1988, part B–1 of title IV and sections 413, 1110, and 1115
of the Social Security Act; for making payments under the Community Services
Block Grant Act (<quote>CSBG Act</quote>), sections 439(i), 473B, and 477(i) of
the Social Security Act, and the Assets for Independence Act; and for necessary
administrative expenses to carry out such Acts and titles I, IV, V, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July 5, 1960, the Low Income
Home Energy Assistance Act of 1981, title IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act of 1980,
$9,989,073,000, of which $39,421,000, to remain available through September 30,
2013, shall be for grants to States for adoption incentive payments, as
authorized by section 473A of the Social Security Act and may be made for
adoptions completed before September 30, 2012: <italic>Provided</italic>, That
$8,099,783,000 shall be for making payments under the Head Start Act:
<italic>Provided further</italic>, That for purposes of allocating funds
described by the immediately preceding proviso, the term <quote>base
grant</quote> as used in subsection (a)(7)(A) of section 640 of such Act with
respect to funding provided to a Head Start agency (including each Early Head
Start agency) for fiscal year 2011 shall be calculated as described in such
subsection and to such amount shall be added 50 percent of the amount of funds
appropriated under the heading “Department of Health and Human Services,
Administration for Children and Families, Children and Families Services
Programs” in Public Law 111–5 and provided to such agency for carrying out
expansion of Head Start programs, as that phrase is used in subsection
(a)(4)(D) of such section 640, and provided to such agency as the ongoing
funding level for operations in the 12-month period beginning in fiscal year
2011: <italic>Provided further</italic>, That of the amounts available for
payments under the Head Start Act under this heading, notwithstanding
subsections (a)(2)(C)(i) and (a)(3)(A)(ii)(II) of such section 640, not to
exceed $20,000,000 shall be available for carrying out expansion of the Head
Start programs described in subsection (a)(3)(A)(ii)(II)(bb) of such section
640:<italic> Provided further</italic>, That $703,630,000 shall be for making
payments under the CSBG Act, of which $25,340,000 shall be for sections 680 and
678E(b)(2), of which not less than $20,000,000 shall be for section 680(a)(2),
and of which $4,990,000 shall be for section 680(a)(3)(B) of such Act:
<italic>Provided further</italic>, That in addition to amounts provided herein,
$5,762,000 shall be available from amounts available under section 241 of the
PHS Act to carry out the provisions of section 1110 of the Social Security Act:
<italic>Provided further,</italic> 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That these
procedures shall apply to grant funds provided under the CSBG Act made
available after November 29, 1999: <italic>Provided further</italic>, 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:
<italic>Provided further, </italic>That $1,996,000 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:<italic> Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HA78A541AB79D4D7AB8C38E5858C69D2B"><header>Promoting
safe and stable families</header><text display-inline="no-display-inline">For
carrying out section 436 of the Social Security Act, $365,000,000 and section
437 of such Act, $63,184,000 .</text>
</appropriations-small><appropriations-small id="HE0C3AD33E8104824ABB2891FB6331550"><header>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 Social Security Act,
$5,153,000,000.</text><text display-inline="no-display-inline">For making
payments to States or other non-Federal entities under title IV–E of the Social
Security Act, for the first quarter of fiscal year 2013,
$2,100,000,000.</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 the Social Security Act, for the last
3 months of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be
necessary.</text>
</appropriations-small><appropriations-intermediate id="H1E8871CE02BA410C9C83FA63673C2ACE"><header>Administration on
aging</header>
</appropriations-intermediate><appropriations-small id="H66B7276CC3FC45AF9C15061A38A1C416"><header>Aging
services programs</header><text display-inline="no-display-inline">For carrying
out, to the extent not otherwise provided, the Older Americans Act of 1965,
section 398 and title XXIX of the PHS Act, and section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, $1,471,324,000, of which
up to $5,500,000 shall be available for activities regarding medication
management, screening, and education to prevent incorrect medication and
adverse drug <deleted-phrase reported-display-style="strikethrough"></deleted-phrase>reactions:<italic>Provided,</italic>
That $819,353,000 shall be for grants to States for nutrition program
activities: <italic>Provided further, </italic> That $410,434,000 shall be for
grants to States for home and community based services, preventive health, and
protection of older Americans activities: <italic>Provided further, </italic>
That $160,288,000 shall be for grants to States for caregivers program
activities: <italic>Provided further, </italic>That none of the funds provided
shall be used to carry out sections 1701 and 1703 of the PHS Act (with respect
to chronic disease self-management activity grants), except that such funds may
be used for necessary expenses associated with administering any such grants
awarded prior to the date of the enactment of this Act:<italic> Provided
further, </italic>That none of the funds provided may be used to support
Program Innovation activities.</text>
</appropriations-small><appropriations-intermediate id="H71ABB1E4CA834D69858698E0D4A0CF98"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="H9D38A8C6B59146EE93A4CD4B415DD874"><header>General
departmental management</header>
</appropriations-small><appropriations-small id="H96E9C5D9F7CE4EA58DFB7BB6D9393D15"><text display-inline="no-display-inline">For necessary expenses, not otherwise
provided, for general departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, and XXI of the PHS Act,
the United States-Mexico Border Health Commission Act, and research studies
under section 1110 of the Social Security Act, $343,280,000, and $55,394,000
from the amounts available under section 241 of the PHS Act to carry out
national health or human services research and evaluation activities:
<italic>Provided</italic>, That of the amounts available under section 241 of
the PHS Act, $53,891,000 shall be for minority AIDS prevention and treatment
activities: <italic>Provided further,</italic> That of the funds made available
under this heading, $40,000,000 shall be for making competitive contracts and
grants to public and private entities to fund age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with administering
and evaluating such contracts and grants, of which $20,000,000 shall be for
making competitive grants to provide abstinence education (as defined by
section 510(b)(2)(A)-(H) of the Social Security Act) to adolescents, and for
Federal costs of administering the grant: <italic>Provided further,</italic>
That grants made under the authority of section 510(b)(2)(A)-(H) of the Social
Security Act shall be made only to public and private entities that agree that,
with respect to an adolescent to whom the entities provide abstinence education
under such grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or services the
adolescent shall not be precluded from seeking health information or services
from the entity in a different setting than the setting in which abstinence
education was provided: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That such services shall be provided consistent with 42 CFR
59.5(a)(4).</text>
</appropriations-small><appropriations-small id="H84EFE81F5CEF46AEB7C7DBC3904C2233"><header>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 Social
Security Act (and related provisions of title XI of such Act), $71,147,000, 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 id="H1DBD623E27A5446ABE56A5CF1996921A"><header>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, $28,051,000, which shall be
available from amounts available under section 241 of the Public Health Service
Act.</text>
</appropriations-small><appropriations-small id="HC3994A9B43E64B1296764291949E98D5"><header>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, $50,178,000: <italic>Provided,</italic> That of
such amount, necessary sums shall be available for providing protective
services to the Secretary of Health and Human Services and investigating
non-payment of child support cases for which non-payment is a Federal offense
under 18 U.S.C. 228: <italic>Provided further</italic>, That at least 40
percent of the funds provided in this Act for the Office of Inspector General
shall be used only for investigations, audits, and evaluations pertaining to
the discretionary programs funded in this Act.</text>
</appropriations-small><appropriations-small id="HA96A8EFA26AA48118049CDE24909373E"><header>Office for
civil rights</header><text display-inline="no-display-inline">For expenses
necessary for the Office for Civil Rights, $37,709,000, together with not to
exceed $3,307,000 to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund.</text>
</appropriations-small><appropriations-small id="HC71E527F7B13484A963987D329A3FC90"><header>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 id="H811FE4D336954D9989862B93CEF3F989"><header>Public
health and social services emergency fund</header>
</appropriations-small><appropriations-small id="H8816EA53A89A42A0ADCFB283198E66F5"><header>(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 and to pay the
costs described in section 319F–2(c)(7)(B) of the PHS Act, $543,114,000, of
which $29,647,000 shall be to support preparedness and emergency
operations.</text><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 $415,000,000 shall be available for expenses
necessary to support advanced research and development pursuant to section 319L
of the PHS Act, and other administrative expenses of the Biomedical Advanced
Research and Development Authority to support additional advanced research and
development.</text>
</appropriations-small><appropriations-intermediate id="H3D7F5A69C8664B049F82F4B26B0E3929"><header>General
provisions</header>
</appropriations-intermediate><section id="HEBEA0FB940524B6DA5197FB535EC9DD2"><enum>201.</enum><text>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 id="HAB53934A6C9C4990A8E66B127AB5DD5E"><enum>202.</enum><text>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 id="HA40940BE299744F1BBDD04A0C4BC39B7"><enum>203.</enum><text>None of the funds
appropriated in this title shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in excess of Executive
Level III.</text>
</section><section id="HC2CADE526EC94BBD8C227A76CCB13BFD"><enum>204.</enum><text>None of the funds
appropriated in this Act may be expended pursuant to section 241 of the PHS
Act, except for funds specifically provided for in this Act, or for other taps
and assessments made by any office located in 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 id="HC6C779ED81344961A96D91E76BF6DCF2"><enum>205.</enum><text>Notwithstanding
section 241(a) of the PHS Act, such portion as the Secretary of Health and
Human Services shall determine, but not more than 2.4 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 id="HD040021898154042B817C15FBEBCB685"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H4BA6559B5D394420849AAF4407672D87"><enum>206.</enum><text>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 appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer and approve such transfer.</text>
<appropriations-small id="H4781B6DE903A45DF8FAAE6978C9C684C"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H18110C94F4944B279CCE3F5D8E111188"><enum>207.</enum><text>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: <italic>Provided</italic>, That
the Committees on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer and approve such
transfer.</text>
<appropriations-small id="HFD32B32B605D4DBDBF8EF635272B8B73"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H3CE6DD7CBEEC4781A906765BC450B0B5"><enum>208.</enum><text>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</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 PHS Act.</text>
</section><section id="HB98D320732D14A289B6BA8974E90EA0B"><enum>209.</enum><text>None of the funds
appropriated in this Act may be made available to any entity under title X of
the PHS Act unless the applicant for the award certifies to the Secretary 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 id="HECFFE5161B1747CE9139801F10A54A33"><enum>210.</enum><text>Notwithstanding
any other provision of law, no provider of services under title X of the PHS
Act shall be exempt from any State law requiring notification or the reporting
of child abuse, child molestation, sexual abuse, rape, or incest.</text>
</section><section id="HE24C82CD777B46488113214498BC75C8"><enum>211.</enum><text>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: <italic>Provided</italic>,
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):
<italic>Provided further</italic>, 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 id="HBCCD4416CD104A4DB12BBECFD7ACB2B3"><enum>212.</enum><text>In
order for the Department of Health and Human Services to carry out
international health activities, including HIV/AIDS, other infectious diseases,
and chronic and environmental diseases, and other health activities abroad
during fiscal year 2012:</text>
<paragraph id="H863C3EB0B26D4F09A39A0343FEF80A88"><enum>(1)</enum><text>The Secretary of
Health and Human Services may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State Department Basic
Authorities Act of 1956. The Secretary of Health and Human Services shall
consult with the Secretary of State and relevant Chief of Mission to ensure
that the authority provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.</text>
</paragraph><paragraph id="H72BC1B9BEACE4C9A975A6F4CCCF018FD"><enum>(2)</enum><text>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
regulations 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, other infectious diseases, and
chronic and environmental diseases, and other health activities abroad.</text>
</paragraph><paragraph id="HD62BFFC3D8CC48DFA3CFE305CDAB4988"><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 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 id="HCADEB5D632114D898C3694E0E36A6870"><enum>213.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2B59DEF2885D4075BC382F8B3445597C"><enum>(a)</enum><header>Authority</header><text>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 PHS Act to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research identified pursuant to
such section 402(b)(7) (pertaining to the Common Fund) or research and
activities described in such section 402(b)(12).</text>
</subsection><subsection id="HC21CE9DA713D406C8C1F0C92BC12F51A"><enum>(b)</enum><header>Peer
review</header><text>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 display-inline="no-display-inline" id="H4580C54F3EB44A95BB69CFC8CFB8121F" section-type="subsequent-section"><enum>214.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
discretionary funds made available under this Act may be used to operate the
Council on Graduate Medical Education established by section 301 of Public Law
102–408.</text>
</section><section display-inline="no-display-inline" id="H6AECF926EC9F4371A8F984985B915DA1"><enum>215.</enum><text>Not to exceed
<italic></italic> $45,000,000 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
$3,500,000 per project.</text>
</section><section id="HE0674099F133402B815B1C1902DDC2F8"><enum>216.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
may be made available for sections 4001, 4004, and 4201 of Public Law
111–148.</text>
<appropriations-small id="H218119C3261C43EAAAD08DD56073572C"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="HB3BA2582A2BB4B6E8BA3CD1994CBB658"><enum>217.</enum><text>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 PHS Act, and 1 percent of
the amount made available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA awards for health
service research.</text>
</section><section id="HDD3215D30E984456B0EACDEF600B0ACD"><enum>218.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the discretionary funds appropriated by this Act may be used to support
any patient-centered outcomes research.</text>
</section><section id="H81DFF14D38EC493FAF2A5F9957C93699"><enum>219.</enum><text display-inline="yes-display-inline">None of the funds made available in this
title may be used, in whole or in part, to advocate or promote gun
control.</text>
</section><section id="H71DC0E249057476196E2E81D0F608A89"><enum>220.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
not more than one percent of all title 42 employees may receive a salary that
exceeds Executive Level III.</text>
</section><section id="HE798BE2807DD42A3B1393DDC4C3CE693"><enum>221.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available in this Act may be expended to further creation of a Federally
Funded Research and Development Center (<quote>FFRDC</quote>) at the Centers
for Medicare and Medicaid Services or create an FFRDC within the Department of
Health and Human Services, prior to submission of a specific request 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 the
proposed FFRDC and the Committees provide written approval.</text>
</section><section id="H66DAF37459A74537A3993B345D09F04B"><enum>222.</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be used to carry-out title X of the PHS Act.</text>
</section><section id="H6BD64E0FEB6143CFA2E8D3D64E4C0497"><enum>223.</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be used for the Healthy Foods Financing Initiative.</text>
</section><section id="H839CD20312C547E8BC2E544D714CFC7B"><enum>224.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to promulgate, implement, or enforce any expansion of liability
or fines under the Emergency Medical Treatment and Labor Act (Sections
1866(a)(1)(I), 1866(a)(1)(N), and 1867 of the Social Security Act).</text>
<appropriations-small id="HC3AE6532402F43179355C61DE87CD31C"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Health and Human
Services Appropriations Act,
2012</short-title></quote>.</text>
</appropriations-small></section><enum>III</enum><header>Department of
education</header>
<appropriations-intermediate id="H7637F4B5D25D4F69BADADDCBC46E530A"><header>Education for the
disadvantaged</header><text display-inline="no-display-inline">For carrying out
title I of the Elementary and Secondary Education Act of 1965 (referred to in
this Act as the <quote>ESEA</quote>) and section 418A of the Higher Education
Act of 1965, $15,949,319,000, of which $2,624,555,000 shall become available on
July 1, 2012, and shall remain available through September 30, 2013, and of
which $13,279,177,000 shall become available on October 1, 2012, and shall
remain available through September 30, 2013, for academic year 2012–2013:
<italic>Provided</italic>, That $6,584,750,000 shall be for basic grants under
section 1124 of the ESEA: <italic>Provided further</italic>, That up to
$4,000,000 of these funds shall be available to the Secretary of Education on
October 1, 2011, to obtain annually updated local educational-agency-level
census poverty data from the Bureau of the Census: <italic>Provided
further</italic>, That $1,362,301,000 shall be for concentration grants under
section 1124A of the ESEA: <italic>Provided further</italic>, That
$3,758,183,000 shall be for targeted grants under section 1125 of the ESEA:
<italic>Provided further</italic>, That $3,758,183,000 shall be for education
finance incentive grants under section 1125A of the ESEA: <italic>Provided
further</italic>, That $5,000,000 shall be to carry out sections 1501 and 1503
of the ESEA: <italic>Provided further</italic>, That the ESEA title I, part A
funds awarded to local educational agencies under the American Recovery and
Reinvestment Act of 2009 for fiscal year 2009 shall not be considered for the
purpose of calculating hold-harmless amounts under sections 1122(c) and
1125A(g)(3) in making allocations under title I, part A for fiscal year 2012
and succeeding years.</text>
</appropriations-intermediate><appropriations-intermediate id="HBF1F814370FB472593FF1961823DA9DE"><header>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
Elementary and Secondary Education Act of 1965, $1,308,631,000, of which
$1,170,724,000 shall be for basic support payments under section 8003(b),
$48,505,000 shall be for payments for children with disabilities under section
8003(d), $17,474,000 shall be for construction under section 8007(a) and shall
remain available through September 30, 2012, $67,074,000 shall be for Federal
property payments under section 8002, and $4,854,000, to remain available until
expended, shall be for facilities maintenance under section 8008:
<italic>Provided</italic>, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 8003(a) for
school year 2011–2012, children enrolled in a school of such agency that would
otherwise be eligible for payment under section 8003(a)(1)(B) of such Act, but
due to the deployment of both parents or legal guardians, or a parent or legal
guardian having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long as such
children reside on Federal property as described in section 8003(a)(1)(B)), are
no longer eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily attendance
at a school in the same local educational agency they attended prior to their
change in eligibility status.</text>
</appropriations-intermediate><appropriations-intermediate id="H1FFB69E52AF94776BB2EEC47A7551651"><header>School improvement
programs</header><text display-inline="no-display-inline">For carrying out
school improvement activities authorized by part A of title II, part B of title
IV, parts A and B of title VI, and parts B and C of title VII of the ESEA; the
McKinney-Vento Homeless Assistance Act; section 203 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association Amendments
Act of 2003; and the Civil Rights Act of 1964, $4,332,102,000, of which
$2,571,034,000 shall become available on July 1, 2012, and remain available
through September 30, 2013, and of which $1,681,441,000 shall become available
on October 1, 2012, and shall remain available through September 30, 2013, for
academic year 2012–2013: <italic>Provided</italic>, That $379,951,000 shall be
for State assessments authorized under section 6111 of the ESEA and $10,000,000
shall be for enhanced assessment instruments authorized under section 6112 of
the ESEA: <italic>Provided further</italic>, That the Secretary shall implement
part C of title VII of the ESEA without regard to the requirements of section
7304(d)(2): <italic>Provided further,</italic> That $8,000,000 shall be
available to carry out section 203 of the Educational Technical Assistance Act
of 2002: <italic>Provided further</italic>, That $17,652,000 shall be available
to carry out the Supplemental Education Grants program for the Federated States
of Micronesia and the Republic of the Marshall Islands: <italic>Provided
further</italic>, 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 Departments of Labor, Health and Human Services,
and Education for such services.</text>
</appropriations-intermediate><appropriations-intermediate id="H30E51404BCD64AB78469A67BF4EC132D"><header>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 ESEA,
$132,027,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H9D95E9D83A39411F9D157F82B0504902"><header>Innovation and
improvement</header><text display-inline="no-display-inline">For carrying out
activities authorized by part C of title II, and parts B, C, and D of title V
of the ESEA, $821,411,000: <italic>Provided</italic>, That $399,200,000 shall
be available to carry out part D of title V of the ESEA: <italic>Provided
further</italic>, That $399,200,000 of the funds for subpart 1 of part D of
title V of the ESEA shall be for competitive grants to local educational
agencies, including charter schools that are local educational agencies, or
States, or partnerships of: (1) a local educational agency, a State, or both;
and (2) at least one nonprofit organization to develop and implement
performance-based compensation systems for teachers, principals, and other
personnel in high-need schools: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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 and that 95 percent
shall become available on July 1, 2012, and remain available through September
30, 2013, for competitive grants: <italic>Provided further</italic>, That of
the funds available for part B of title V of the ESEA the Secretary may use up
to $125,000,000 to carry out activities under section 5205(b), under subpart 2,
and to make multiple awards for grants and subgrants to not-for-profit charter
management organizations and other 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 and grants to authorized public chartering
agencies to increase the number of high-performing charter schools and to
improve the quality of such schools: <italic>Provided further</italic>, 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 evaluation, 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: <italic>Provided further</italic>, 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 id="H86DC80EB64D2451AA105F8F5723E3C35"><header>Safe schools and citizenship
education</header><text display-inline="no-display-inline">For carrying out
activities authorized by part A of title IV of the ESEA, $65,000,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H24FA84BEFD534832BFD101AFC296FA76"><header>English language
acquisition</header><text display-inline="no-display-inline">For carrying out
part A of title III of the ESEA, $733,531,000, which shall become available on
July 1, 2012, and shall remain available through September 30, 2013, except
that 6.5 percent of such amount shall be available on October 1, 2011, and
shall remain available through September 30, 2013, to carry out activities
under section 3111(c)(1)(C): <italic>Provided,</italic> That the Secretary of
Education shall 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 id="H2366A70E85E54DBC9E0F6CCD4485F9A3"><header>Special education</header><text display-inline="no-display-inline">For carrying out the Individuals with
Disabilities Education Act (referred to in this Act as the
<quote>IDEA</quote>), $13,757,844,000, of which $4,924,727,000 shall become
available on July 1, 2012, and shall remain available through September 30,
2013, and of which $8,592,383,000 shall become available on October 1, 2012,
and shall remain available through September 30, 2013, for academic year
2012-2013: <italic>Provided,</italic> That the amount for section 611(b)(2) of
the IDEA shall be equal to the lesser of the amount available for that activity
during fiscal year 2011, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percentage change in the funds
appropriated under section 611(i) of the IDEA, but not less than the amount for
that activity during fiscal year 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="H2FF06CAA91A84905A9D846003E2ADDAB"><header>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, $3,522,686,000: <italic>Provided</italic>, That not less than 25
percent of the State grants awarded under section 4 of the Assistive Technology
Act of 1998 shall be for alternative financing programs that meet the
requirements under sections 301(b), 303(b)(3), and 304(a), as such sections
were in effect on the day before the date of enactment of the Assistive
Technology Act of 2004.</text>
</appropriations-intermediate><appropriations-intermediate id="HC1BB6B1D43B94E8F801D7934141B86AD"><header>Special institutions for persons
with disabilities</header>
</appropriations-intermediate><appropriations-small id="H988060905C3D4BE6AE31F0CEAC951358"><header>American
printing house for the blind</header><text display-inline="no-display-inline">For carrying out the Act of March 3, 1879,
$24,551,000.</text>
</appropriations-small><appropriations-small id="HB532E416FAF8499D8F2D8596246A6638"><header>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,
$65,546,000, of which $240,000 shall be for construction and shall remain
available until expended: <italic>Provided,</italic> 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 id="HBDD7BD537495499ABA34E0A2DC1A58C7"><header>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, $122,754,000, of which $4,754,000 shall be
for construction and shall remain available until expended:
<italic>Provided</italic>, 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 id="HC0FA1621B2FC47E9ADA1255C034717CD"><header>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 (referred to
in this Act as the <quote>AEFLA</quote>), $1,738,946,000, of which $947,946,000
shall become available on July 1, 2012, and shall remain available through
September 30, 2013, and of which $791,000,000 shall become available on October
1, 2012, and shall remain available through September 30, 2013:
<italic>Provided,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> That of the amounts made
available for AEFLA, $11,323,000 shall be for national leadership activities
under section 243.</text>
</appropriations-intermediate><appropriations-intermediate id="H7F87ED1E5D9049B49C6ECFC94C1F42AC"><header>Student financial
assistance</header>
</appropriations-intermediate><appropriations-small id="H3A7198ED27FB473699D8D640FC33DD74"><text display-inline="no-display-inline">For carrying out subparts 1 and 3 of part A,
and part C of title IV of the Higher Education Act of 1965, $22,367,521,000,
which shall remain available through September 30, 2013.</text><text display-inline="no-display-inline">The maximum Pell Grant for which a student
shall be eligible during award year 2012–2013 shall be $4,860:
<italic>Provided</italic>, That if the Secretary determines, prior to
publication of the payment schedule for such award year, that the amount
appropriated or otherwise made available by this Act or any other Act for Pell
Grant awards in such award year, and any funds available from the fiscal year
2011 appropriation for Pell Grant awards, are insufficient to satisfy fully all
such awards for which students are eligible, as calculated under section 401(b)
of the Higher Education Act of 1965, the amount paid for each such award shall
be reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions established
by the Secretary for this purpose.</text>
</appropriations-small><appropriations-intermediate id="H7FB817BBC4444EFF9F8DAD328B4AD898"><header>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 Higher Education
Act of 1965, $992,012,000: <italic>Provided</italic>, That not less than
$370,314,000 shall be used to carry out loan servicing
activities.</text>
</appropriations-intermediate><appropriations-intermediate id="H423476A3FC5D4DBB9B88D132ED1F2CD9"><header>Higher education</header><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (referred to in this Act as the <quote>HEA</quote>) and section 117
of the Carl D. Perkins Career and Technical Education Act of 2006,
$1,628,052,000: <italic>Provided,</italic> That $600,000 shall be for data
collection and evaluation activities for programs under the HEA, including such
activities needed to comply with the Government Performance and Results Act of
1993.</text>
</appropriations-intermediate><appropriations-intermediate id="HC50A3DD0F1EB46C4A857663E760CB88F"><header>Howard University</header><text display-inline="no-display-inline">For partial support of Howard University,
$234,507,000, of which not less than $3,593,000 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 id="HEC2DB34A46D2405F83A31A623F7BED4E"><header>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 HEA,
$460,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H0E43F34E345D425BAFBC527FF2F591BB"><header>Historically Black College and
University Capital Financing Program Account</header><text display-inline="no-display-inline">For the cost of guaranteed loans,
$20,188,000, as authorized pursuant to part D of title III of the HEA:
<italic>Provided,</italic> That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further,</italic> 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 id="HC210C962F9214DCBA3A381F764470031"><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,
$353,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HD565CB794B3D4FCB8B8BD430E177A4F6"><header>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, $620,903,000, of which
$551,253,000 shall be available through September 30, 2013:
<italic>Provided,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H458A0A68A5954ED1B386AEAF980D13E4"><header>Departmental
management</header>
</appropriations-intermediate><appropriations-small id="H49FF9B2166534ECA9BE5EC571215A645"><header>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, $449,815,000, of which
$2,711,000 to remain available until expended, shall be for relocation of, and
renovation of buildings occupied by, Department
staff.</text>
</appropriations-small><appropriations-small id="H582CF237B49544BF98141699458856B9"><header>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,
$102,818,000.</text>
</appropriations-small><appropriations-small id="H73BC4D4BAD2D4F248FDC3719C1F05DA9"><header>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,
$59,933,000.</text>
</appropriations-small><appropriations-intermediate id="HE33C894A30D84DD0BFFECE24FE8DD749"><header>General
provisions</header>
</appropriations-intermediate><section id="H54A99CAAEF704EE0B8A3329EE003D53B"><enum>301.</enum><text>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 id="HD04D3FDE06A24519BEF67A5A3FBBD9CD"><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 Civil Rights Act of
1964. For the purpose of this section an indirect requirement of transportation
of students includes the transportation of students to carry out a plan
involving the reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in this
section does not include the establishment of magnet schools.</text>
</section><section id="HE448E315AE894E09B95DF6B036DF29DB"><enum>303.</enum><text>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 id="HBB1000386E474DC8A963DA2AB45A2948"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H9FC84BE1C27049C28C571DC72CBAEA67"><enum>304.</enum><text>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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, That the
Committees on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer and approve such
transfer.</text>
</section><section id="H504A6F876F7A40849E51F89F79737E81"><enum>305.</enum><text>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>
</section><section id="H80D91BCA833F498BA978F0C8E447C876"><enum>306. </enum><text display-inline="yes-display-inline">Section 105(f)(1)(B)(ix) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be
applied by substituting <quote>2012</quote> for <quote>2009.</quote></text>
</section><section id="H39A4F927B6884CA89295A752DD0FC788"><enum>307.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to—</text>
<paragraph id="H751A4F29EDDE468F995CF53399A8FF22"><enum>(1)</enum><text>implement,
administer, or enforce the final regulations on <quote>Program Integrity:
Gainful Employment-New Programs</quote> published by the Department of
Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66665 et
seq.);</text>
</paragraph><paragraph id="HFA8E889F7A81430A8A86504918C526C2"><enum>(2)</enum><text>implement,
administer, or enforce the final regulations on <quote>Program Integrity:
Gainful Employment</quote> published by the Department of Education on June 13,
2011 (76 Fed. Reg. 34386 et seq.);</text>
</paragraph><paragraph id="H47D9E69ACAFC4C70BCE74331AA7AE714"><enum>(3)</enum><text>implement,
administer, or enforce section 668.6 of title 34, Code of Federal Regulations
(relating to gainful employment), as amended by the final regulations published
by the Department of Education in the Federal Register on October 29, 2010 (75
Fed. Reg. 66832 et seq.); or</text>
</paragraph><paragraph id="H40CAF112098141459D351C516D8D8CCB"><enum>(4)</enum><text>promulgate or
enforce any new regulation or rule with respect to the definition or
application of the term <quote>gainful employment</quote> under the Higher
Education Act of 1965 on or after the date of enactment of this Act.</text>
</paragraph></section><section id="HDDD408C07EEE49E0ACCF15D7FF1BF63B"><enum>308.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to—</text>
<paragraph id="H0241C1D4038C4DC2BECB6ABEA017B86C"><enum>(1)</enum><text>implement,
administer, or enforce section 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or
668.43(b) of title 34, Code of Federal Regulations (relating to State
authorization), as added or amended by the final regulations published by the
Department of Education in the Federal Register on October 29, 2010 (75 Fed.
Reg. 66832 et seq.); or</text>
</paragraph><paragraph id="HB568784BED184D9ABEECECC5256E07A8"><enum>(2)</enum><text>implement,
administer, or enforce the definition of the term <quote>credit hour</quote> in
section 600.2 of title 34, Code of Federal Regulations, as added by the final
regulations published by the Department of Education in the Federal Register on
October 29, 2010 (75 Fed. Reg. 66946), or subsection (k)(2)(ii) of section
668.8 of such title, as amended by such final regulations (75 Fed. Reg. 66949
et seq.).</text>
</paragraph></section><section id="HC03ABEACAAA44E329C771D77C1AB486D"><enum>309. </enum><subsection commented="no" display-inline="yes-display-inline" id="HE7BB4E0537C64F3F9FA1A723E2916B35"><enum>(a)</enum><header>Federal Pell Grant
eligibility</header>
<paragraph id="HADC5D2BBACF847018859862800FD7DFF"><enum>(1)</enum><header>No less than
half-time</header><text display-inline="yes-display-inline">Section
401(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(B)) is
amended by striking <quote>basis (including a student who attends an
institution of higher education on less than a half-time basis)</quote> and
inserting <quote>basis, but at least a half-time basis,</quote>.</text>
</paragraph><paragraph id="HDD649AED3F4A4CE1AF71E1697EB0B56F"><enum>(2)</enum><header>Minimum
level</header><text display-inline="yes-display-inline">Section 401(b)(4) of
such Act (20 U.S.C. 1070a(b)(4)) is amended by striking <quote>, except
that</quote> and all that follows and inserting a period.</text>
</paragraph><paragraph id="HB0A1504073D3478592737A65FFBF5603"><enum>(3)</enum><header>Duration of
award period</header><text>Section 401(c)(5) of the Higher Education Act of
1965 (20 U.S.C. 1070a(c)(5)) is amended—</text>
<subparagraph id="H924574F727174806BE1DB25048E51B6D"><enum>(A)</enum><text>by striking
<quote>18</quote> each place it appears and inserting <quote>12</quote>;
and</text>
</subparagraph><subparagraph id="H095B34C18F6C4132B3D6D25C2776EAE0"><enum>(B)</enum><text>by striking the
last sentence.</text>
</subparagraph></paragraph></subsection><subsection id="H47D41F6BFB2344E9992BCCC005ADF6A3"><enum>(b)</enum><header>Income
Protection Allowance</header>
<paragraph id="HB8F71EB8218C4D7C8B3B96868AE1DEC0"><enum>(1)</enum><header>Dependent
students</header><text display-inline="yes-display-inline">Subparagraph (D) of
section 475(g)(2) of the Higher Education Act of 1965 (20 U.S.C.
1087oo(g)(2)(D) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H5A8146FD5DB94C6695E5003BAD7EDC6D" style="OLC">
<subparagraph id="HCBF6EF82568744CD86C4997455EB49F6"><enum>(D)</enum><text display-inline="yes-display-inline">an income protection allowance of $3,290
(or a successor amount prescribed by the Secretary under section
478);</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H9ED5E91F23F04C8CA524BBC4BB568995"><enum>(2)</enum><header>Independent
students without dependents other than a spouse</header><text>Clause (iv) of
section 476(b)(1)(A) of such Act (20 U.S.C. 1087pp(b)(1)(A)(iv)) is amended to
read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HA9436E9D6E1C4079B5167A87E814EBC1" style="OLC">
<clause id="HACB68506BFBF407EB0CDCFC980D64C21"><enum>(iv)</enum><text display-inline="yes-display-inline">an income protection allowance of the
following amount (or a successor amount prescribed by the Secretary under
section 478)—</text>
<subclause id="HE82E18C6A4634918930AF7E4B063DA96"><enum>(I)</enum><text>$6,620 for single
students;</text>
</subclause><subclause id="H4616974229CA49F8929A4AB11035D2E1"><enum>(II)</enum><text>$6,620 for
married students where both are enrolled pursuant to subsection (a)(2);
and</text>
</subclause><subclause id="HF1E947A9846546FAA1A37C3889078B68"><enum>(III)</enum><text>$10,620 for
married students where one is enrolled pursuant to subsection
(a)(2);</text>
</subclause></clause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H2CCC6030E77D455EA5D599EDE53527C4"><enum>(3)</enum><header>Independent
Students with Dependents Other Than a Spouse</header><text display-inline="yes-display-inline">Paragraph (4) of section 477(b) of such Act
(20 U.S.C. 1087qq(b)) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H5F31163E545743CE9237F71DC1B01276" style="OLC">
<paragraph id="HB4830A0B584F4CF1BF770DE4637A4948"><enum>(4)</enum><header>Income
Protection Allowance</header><text display-inline="yes-display-inline">The
income protection allowance is determined by the following table (or a
successor table prescribed by the Secretary under section 478):</text>
<table colsep="0" frame="none" line-rules="hor" rowsep="0" rule-weights="0.1.0.0.0.4" table-type="">
<ttitle>Income Protection Allowance</ttitle>
<tgroup cols="7" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="8.8.9" ttitle-size="8"><colspec coldef="txt-no-ldr" colname="col1" colwidth="78pts" min-data-value="21"></colspec><colspec coldef="fig" colname="col2" colwidth="31pts" min-data-value="7"></colspec><colspec coldef="fig" colname="col3" colwidth="31pts" min-data-value="7"></colspec><colspec coldef="fig" colname="col4" colwidth="36pts" min-data-value="8"></colspec><colspec coldef="fig" colname="col5" colwidth="31pts" min-data-value="7"></colspec><colspec coldef="fig" colname="col6" colwidth="31pts" min-data-value="7"></colspec><colspec coldef="fig" colname="col7" colwidth="44pts" min-data-value="10"></colspec>
<thead>
<row><entry align="center" colname="col1" morerows="0" namest="col1">Family Size</entry><entry align="center" colname="col2" morerows="0" nameend="col7" namest="col2">Number in College</entry>
</row>
<row><entry align="center" colname="col1" morerows="0" namest="col1">(including student)</entry><entry align="center" colname="col2" morerows="0" namest="col2">1</entry><entry align="center" colname="col3" morerows="0" namest="col3">2</entry><entry align="center" colname="col4" morerows="0" namest="col4">3</entry><entry align="center" colname="col5" morerows="0" namest="col5">4</entry><entry align="center" colname="col6" morerows="0" namest="col6">5</entry><entry align="center" colname="col7" morerows="0" namest="col7">For each additional subtract:</entry>
</row>
</thead>
<tbody>
<row><entry colname="col1" entry-modify="ctr-variable" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">2</entry><entry colname="col2">$16,780</entry><entry colname="col3">$13,910</entry><entry colname="col4"> </entry><entry colname="col5"> </entry><entry colname="col6"> </entry><entry colname="col7">$2,860</entry>
</row>
<row><entry colname="col1" entry-modify="ctr-variable" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">3</entry><entry colname="col2">20,880</entry><entry colname="col3">18,030</entry><entry colname="col4">$15,170</entry><entry colname="col5"></entry><entry colname="col6"></entry><entry colname="col7"></entry>
</row>
<row><entry colname="col1" entry-modify="ctr-variable" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">4</entry><entry colname="col2">25,800</entry><entry colname="col3">22,930</entry><entry colname="col4">20,070</entry><entry colname="col5">$17,200</entry><entry colname="col6"></entry><entry colname="col7"></entry>
</row>
<row><entry colname="col1" entry-modify="ctr-variable" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">5</entry><entry colname="col2">30,440</entry><entry colname="col3">27,560</entry><entry colname="col4">24,710</entry><entry colname="col5">21,850</entry><entry colname="col6">$18,990</entry><entry colname="col7"></entry>
</row>
<row><entry colname="col1" entry-modify="ctr-variable" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">6</entry><entry colname="col2">35,600</entry><entry colname="col3">32,730</entry><entry colname="col4">29,880</entry><entry colname="col5">27,000</entry><entry colname="col6">24,160</entry><entry colname="col7"></entry>
</row>
<row><entry colname="col1" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">For each</entry><entry colname="col2"> </entry><entry colname="col3"> </entry><entry colname="col4"> </entry><entry colname="col5"> </entry><entry colname="col6"> </entry><entry colname="col7"> </entry>
</row>
<row><entry colname="col1" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1">additional</entry><entry colname="col2"> </entry><entry colname="col3"> </entry><entry colname="col4"> </entry><entry colname="col5"> </entry><entry colname="col6"> </entry><entry colname="col7"> </entry>
</row>
<row><entry colname="col1" leader-modify="clr-ldr" stub-definition="txt-ldr" stub-hierarchy="1"> add:</entry><entry colname="col2">4,020</entry><entry colname="col3">4,020</entry><entry colname="col4">4,020</entry><entry colname="col5">4,020</entry><entry colname="col6">4,020</entry><entry colname="col7"></entry>
</row>
</tbody>
</tgroup></table>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="HEDE0D7BEF1674773805960F237CE37B5"><enum>(4)</enum><header>Updated
Tables</header><text display-inline="yes-display-inline">Section 478(b) of the
Higher Education Act of 1965 is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H48FBC76C163A44C4B35AA24462C05ED5" style="OLC">
<subsection id="H37B47381D7754F3CB7E95B1801EBF901"><enum>(b)</enum><header>Income
protection allowance.</header>
<paragraph id="HC257B1C6E3CD49A490DDE5127C38BACC"><enum>(1)</enum><header>Revised
tables</header><text display-inline="yes-display-inline">For each academic year
after academic year 2012-2013, the Secretary shall develop a revised table or
list, as appropriate, of income protection allowances under sections
475(g)(2)(D), 476(b)(1)(A)(iv), and 477(b)(4) by increasing each of the dollar
amounts contained in each such table or list by a percentage equal to the
estimated percentage increase in the Consumer Price Index (as determined by the
Secretary) between December 2011 and the December next preceding the beginning
of such academic year, and rounding the result to the nearest $10.</text>
</paragraph><paragraph id="H0BA4F0756D854547873048DA024C3FFF"><enum>(2)</enum><header>Table for
Parents</header><text>For each academic year after academic year 2008-2009, the
Secretary shall develop the revised table of income protection allowances under
section 475(c)(4) by increasing each of the dollar amounts contained in the
table by a percentage equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary) between December 1992 and
the December next preceding the beginning of such academic year, and rounding
the result to the nearest
$10</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HCCA91F171AB34F7B913F01EB5070820B"><enum>(c)</enum><header>Zero Expected
Family Contribution</header><text>Section 479(c) of the Higher Education Act of
1965 (20 U.S.C. 1087ss(c)) is amended—</text>
<paragraph id="H7C2C37294072483688C1C617AA8AA49D"><enum>(1)</enum><text>in paragraph
(1)(B), by striking <quote>$30,000</quote> and inserting
<quote>$15,000</quote>; and</text>
</paragraph><paragraph id="HBCB6F2BCBAD84BEAB554CCC5B1DB9911"><enum>(2)</enum><text>in paragraph
(2)(B), by striking <quote>$30,000</quote> and inserting
<quote>$15,000</quote>.</text>
</paragraph></subsection><subsection id="H31FA9C79D64340959C4EB8512DF6E28C"><enum>(d)</enum><header>Definition of
untaxed income</header><text>Section 480(b) of the Higher Education Act of 1965
(20 U.S.C. 1087vv) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HF86080C961924426B0DFBFB779890F8A" style="OLC">
<subsection id="H30805FA59FED4268BB5DE47E033F3C2F"><enum>(b)</enum><header>Untaxed Income
and benefits</header><text display-inline="yes-display-inline">The term
<quote>untaxed income and benefits</quote> means—</text>
<paragraph id="H79F1DFDB13A7410283E047A1D0D20C10"><enum>(1)</enum><text>child support
received;</text>
</paragraph><paragraph id="HB1F80136DD064849828F9247C8CC2E5D"><enum>(2)</enum><text>workman's
compensation;</text>
</paragraph><paragraph id="HB5EC291B2B844ED2804E157DA424D5A4"><enum>(3)</enum><text>veteran's benefits
such as death pension, dependency, and indemnity compensation, but excluding
veterans' education benefits as defined in subsection (c);</text>
</paragraph><paragraph id="HC7E9D92AA30A44C295FDB25A7ABB2BAF"><enum>(4)</enum><text>interest on
tax-free bonds;</text>
</paragraph><paragraph id="HD4BE2EBD182441A4B78BC2A31952FF62"><enum>(5)</enum><text>housing, food, and
other allowances (excluding rent subsidies for low-income housing) for
military, clergy, and others (including cash payments and cash value of
benefits), except that the value of on-base military housing or the value of
basic allowance for housing determined under section 403(b) of title 37, United
States Code, received by the parents, in the case of a dependent student, or
the student or student's spouse, in the case of an independent student, shall
be excluded;</text>
</paragraph><paragraph id="HEAA9B0635DDD47FA89A7624819D176E6"><enum>(6)</enum><text>cash support or
any money paid on the student`s behalf, except, for dependent students, funds
provided by the student's parents;</text>
</paragraph><paragraph id="HC101AF429F3842BE9506A3087381E319"><enum>(7)</enum><text>untaxed portion of
pensions;</text>
</paragraph><paragraph id="H892F38D7FEE4458786DF36FA65AACB99"><enum>(8)</enum><text>payments to
individual retirement accounts and Keogh accounts excluded from income for
Federal income tax purposes;</text>
</paragraph><paragraph id="HD26F08B0033549A9B9D5D905B3E91039"><enum>(9)</enum><text>the amount of
additional child tax credit claimed for Federal income tax purposes;</text>
</paragraph><paragraph id="H0AD5D715B2A34D79BC004EE2FBF8B5F9"><enum>(10)</enum><text>welfare benefits,
including assistance under a State program funded under part A of title IV of
the Social Security Act and aid to dependent children;</text>
</paragraph><paragraph id="HC1B3B6408C3A479396711B8073A22E7B"><enum>(11)</enum><text>the amount of
earned income credit claimed for Federal income tax purposes;</text>
</paragraph><paragraph id="H12D2AB109C6F492CAB0C41B0A593E34C"><enum>(12)</enum><text>the amount of
credit for Federal tax on special fuels claimed for Federal income tax
purposes;</text>
</paragraph><paragraph id="HBD00395A0AEE4535A2B7B1F82DDFC633"><enum>(13)</enum><text>the amount of
foreign income excluded for purposes of Federal income taxes;</text>
</paragraph><paragraph id="HA339E6B19609441A8355048B2058D881"><enum>(14)</enum><text>untaxed social
security benefits; and</text>
</paragraph><paragraph id="HCFE674C6FF7B42468C0E1954CA387C84"><enum>(15)</enum><text>any other untaxed
income and benefits, such as Black Lung Benefits, Refugee Assistance, or
railroad retirement benefits, or benefits received through participation in
employment and training activities under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et
seq.).</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H34636BAC62BC41F681102CF19D74BF0A"><enum>(e)</enum><header>Students who are
not high school graduates</header>
<paragraph id="HAD57B3C8BC644BD5868902D261C1571F"><enum>(1)</enum><header>Amendment</header><text display-inline="yes-display-inline">Section 484(d) of the Higher Education Act
of 1965 (20 U.S.C. 1091(d)) is amended—</text>
<subparagraph id="H6E2AA3BB825F427F9F7FD1CB44EBE2F4"><enum>(A)</enum><text>in the matter
preceding paragraph (1), by striking <quote>meet one of the following
standards:</quote>;</text>
</subparagraph><subparagraph id="H9250C741F70E43A2BBB1EF98FD0F9227"><enum>(B)</enum><text>by striking
paragraphs (1), (2), and (4); and</text>
</subparagraph><subparagraph id="HE54E87812DE544A288CDA3E07703C30C"><enum>(C)</enum><text>in paragraph (3),
by striking <quote><header-in-text level="paragraph" style="OLC"><enum-in-header>(3)</enum-in-header></header-in-text> The student
has</quote> and inserting <quote>have</quote>.</text>
</subparagraph></paragraph><paragraph id="H9B13568DA0C24F7D99A98A2F22A06F3E"><enum>(2)</enum><header>Conforming
change</header><text>Section 101(a)(1) of such Act (20 U.S.C. 1001(a)(1)) is
amended by striking <quote>section 484(d)(3)</quote> and inserting
<quote>section 484(d)</quote>.</text>
</paragraph></subsection><subsection id="H839110B7B4D44D60812EBF75872AE52D"><enum>(f)</enum><header>Effective
date</header><text>The amendments made by this section shall take effect on
July 1, 2012.</text>
</subsection><subsection id="H33642CD44E2A4BF18ED94AC222112C91"><enum>(g)</enum><header>Inapplicability
of Negotiated Rulemaking</header><text display-inline="yes-display-inline">Sections 482(c) and 492 of the Higher
Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the
amendments made by this section, or to any regulations promulgated under those
amendments.</text>
</subsection></section><appropriations-small id="H946BBE6A35404DB7A86097ED67E58A17"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Education Appropriations
Act, 2012</short-title></quote>.</text>
</appropriations-small><enum>IV</enum><header>Related
agencies</header>
<appropriations-intermediate id="H07DB0A8E19094098B1922AF0B0787160"><header>Committee for purchase from
people who are blind or severely
disabled</header>
</appropriations-intermediate><appropriations-small id="HEA302F49457947F0AFACA229F92487E6"><header>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,
$5,396,000.</text>
</appropriations-small><appropriations-intermediate id="H5C4A38ECE340440D9C41A59C0E6F4C41"><header>Corporation for national and
community service</header>
</appropriations-intermediate><appropriations-small id="HDE4AACFEADCC4DF29635EBA08F8E1F00"><header>Operating
Expenses</header><text display-inline="no-display-inline">For necessary
expenses for the Corporation for National and Community Service (“the
Corporation”) to carry out title II of the Domestic Volunteer Service Act of
1973, $207,833,000.</text>
</appropriations-small><appropriations-small id="H9DC4F25EE1AC4207ABF6B14A0415E0DF"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For close out
activities of the Corporation for National and Community Service, 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,
$65,868,000.</text>
</appropriations-small><appropriations-small id="H57F96074E3A24A918ED56AE01D293605"><header>Office of
inspector general</header><text display-inline="no-display-inline">For close
out activities of the Office of Inspector General, as established by the
Inspector General Act of 1978, $5,763,000.</text>
</appropriations-small><appropriations-small id="H93449A707B6E4EED8B23FC5CEB55825F"><header>Administrative
provisions</header>
</appropriations-small><section id="HB5CEA5D08FA148F0A9E1D3BDC17B3FFB"><enum>401.</enum><text>AmeriCorps
programs receiving grants under the National Service Trust program shall meet
an overall minimum share requirement of 24 percent for the first three years
that they receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title 45, Code of
Federal Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in section 140
of the National and Community Service Act of 1990, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.</text>
<appropriations-intermediate id="H9CDA422C3FD242E98F21142DAB807328"><header>Corporation for public
broadcasting</header>
</appropriations-intermediate><appropriations-small id="HA60A449032CB4C2CB68EF9C431DEEAF2"><text display-inline="no-display-inline">Of the funds provided to the
<quote>Corporation for Public Broadcasting</quote> in title IV of division D of
Public Law 111–117 for fiscal year 2012, $6,000,000 shall support the
digitization program: <italic>Provided,</italic> That none of the funds made
available to the Corporation for Public Broadcasting in title IV of division D
of Public Law 111–117 for fiscal year 2012 may be used to pay dues to, acquire
programs from, or otherwise support National Public
Radio.</text>
</appropriations-small><appropriations-intermediate id="HF24168C5D4024A10BB0012A64E32F876"><header>Federal mediation and
conciliation service</header>
</appropriations-intermediate><appropriations-small id="HEA42AF91FC8A48889285C3CCFC42511F"><header>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, $46,250,000:
<italic>Provided,</italic> 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: <italic>Provided further,</italic> That fees for
arbitration services shall be available only for education, training, and
professional development of the agency workforce: <italic>Provided
further</italic>, 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 id="H1ECAD2D19B184BF78BCE8F7B64AB9850"><header>Federal mine safety and health
review commission</header>
</appropriations-intermediate><appropriations-small id="HE38B011970AC465B9F272661EB483C22"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For expenses
necessary for the Federal Mine Safety and Health Review Commission,
$22,417,000.</text>
</appropriations-small><appropriations-intermediate id="HA26EF390FD074EC4A32A4C6F355753C4"><header>Institute of museum and library
services</header>
</appropriations-intermediate><appropriations-small id="H2E88E3BFC5BE484AA0CD8B67328708BF"><header>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, $226,362,000: <italic>Provided,</italic> That none of the funds
made available in this account be used to pay indirect cost rates on a
contract, grant, or cooperative agreement (or similar arrangement) entered into
by the Institute of Museum and Library Services in excess of 25 percent of the
total direct cost of the contract, grant, or agreement (or similar
arrangement).</text>
</appropriations-small><appropriations-intermediate id="H36E4891ACA3E4FE592DA851F7758CBB6"><header>Medicare payment advisory
commission</header>
</appropriations-intermediate><appropriations-small id="H35480FAF1FEC401D99EA4B9703BBD18A"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For expenses
necessary to carry out section 1805 of the Social Security Act, $11,472,000, 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 id="H5F7C48D953574CE288325EC1B9C4795C"><header>Medicaid and CHIP payment and
access commission</header>
</appropriations-intermediate><appropriations-small id="H3B3DDC90B80144D29A8432F6DAC3C104"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For expenses
necessary to carry out section 1900 of the Social Security Act,
$4,500,000.</text>
</appropriations-small><appropriations-intermediate id="H5042CAEAFAF2457697561B04D60AD120"><header>National council on
disability</header>
</appropriations-intermediate><appropriations-small id="HEE25E37B9C2A412D89CDFE67CFEE5021"><header>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 Rehabilitation Act of 1973, $3,271,000.</text>
</appropriations-small><appropriations-intermediate id="H36FA1A61247F41FA979C20D4FB9A4B5A"><header>National labor relations
board</header>
</appropriations-intermediate><appropriations-small id="HE136BE075EF24099BD9D958BE7A37C27"><header>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,
$233,700,000: <italic>Provided</italic>, 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-small id="H58688B51434F4AB08ABD536977744535"><header>Administrative
provisions</header>
</appropriations-small></section><section id="H5DCED64627EE4B29B47DEB81ED39A9A9"><enum>402.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement, create, apply, or enforce through prosecution,
adjudication, rulemaking, or the issuing of any interpretation, opinion,
certification, decision, or policy, any standard for initial bargaining unit
determinations that conflicts with the standard articulated in the majority
opinion in Wheeling Island Gaming Inc. and United Food and Commercial Workers
International Union, Local 23, 355 NLRB 127 (August 27, 2010) (including the
majority opinion in footnote 2), except for unit determinations currently
governed by NLRB Rule Sec. 103.30 for employers currently covered by such
rules.</text>
</section><section id="H2F88F30FE86D47849890964B08C27CA2"><enum>403.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement, create, apply, or enforce through prosecution,
adjudication, rulemaking, or the issuing of any interpretation, opinion,
certification, decision, or policy, any standard for secret-ballot elections
that conflicts with the standard articulated in the majority opinion in Dana
Corp., 351 NLRB 434 (2007).</text>
</section><section id="HC5D3B5CF40A44EE6AE7137846B4BE8D5"><enum>404.</enum><text display-inline="yes-display-inline">None of the funds provided by this Act or
previous Acts making appropriations for the National Labor Relations Board may
be used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means that enables
off-site, remote, or otherwise absentee voting in an election to determine a
representative for the purposes of collective bargaining.</text>
</section><section id="HB8876E343B754D1B8E2C66772CE4AFEA"><enum>405.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to promulgate or implement a final rule amending parts 101,
102, and 103 of title 29, Code of Federal Regulations, (relating to the filing
and processing of petitions related to the representation of employees for the
purposes of collective bargaining with their employer), including the proposed
rulemaking published by the National Labor Relations Board in the Federal
Register on June 22, 2011 (76 Fed. Reg. 36812 et seq.).</text>
</section><section id="HDC30DB7EBA7E494F8E40F59AFCAF3B27"><enum>406.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement or enforce the final rule governing the
notification of employee rights under the National Labor Relations Act
(Regulatory Identification Number 3142-AA07) published by the National Labor
Relations Board in the Federal Register on August 30, 2011 (76 Fed. Reg. 54006
et seq.).</text>
</section><section id="H9805C65785A64DF8957E5F6CE34625BA"><enum>407.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used for the exercise of jurisdiction by the National Labor
Relations Board over any entity that meets the definition of a small business
concern under part 121 of title 13, Code of Federal Regulations.</text>
<appropriations-intermediate id="HAC83384704B34AF095E0D502F66D148B"><header>National mediation
board</header>
</appropriations-intermediate><appropriations-small id="H405AAD9A57474326A0629268C827969A"><header>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,
$13,436,000.</text>
</appropriations-small><appropriations-intermediate id="HABC4C0C554F24904BB01BAD5044C9206"><header>Occupational safety and health
review commission</header>
</appropriations-intermediate><appropriations-small id="H42EFE07F72E6410AAEC535730964893D"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For expenses
necessary for the Occupational Safety and Health Review Commission,
$11,689,000.</text>
</appropriations-small><appropriations-intermediate id="H1524B63ACB5E4B94A6FD6EDA8FD709FD"><header>Railroad retirement
board</header>
</appropriations-intermediate><appropriations-small id="H3D0808DB28F8421DB22FB88CD17742E5"><header>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, $51,000,000, which shall include
amounts becoming available in fiscal year 2012 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: <italic>Provided</italic>, 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 id="H4F9954A1D84A4E9DA1CA33423640CD20"><header>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, 2013, which shall be the maximum amount available for payment
pursuant to section 417 of Public Law 98–76.</text>
</appropriations-small><appropriations-small id="H1F9A026034DE435B8616EEBE571859D0"><header>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 id="H19527C83765A4D03ABEC450DA027743C"><header>Limitation
on the office of inspector general</header><text display-inline="no-display-inline">For expenses necessary for the Office of
Inspector General (<quote>Office</quote>) for audit, investigatory and review
activities, as authorized by the Inspector General Act of 1978, not more than
$8,170,000, to be derived from the railroad retirement accounts and railroad
unemployment insurance account: <italic>Provided,</italic> That, except as
authorized pursuant to the last proviso under this heading in title IV of
division G of the Consolidated Appropriations Act (2008) (Public Law 110–161;
121 statute 2205), none of the funds made available in any other paragraph of
this Act may be transferred to the Office; used to carry out any such transfer;
used to provide any office space, equipment, office supplies, communications
facilities or services, maintenance services, or administrative services for
the Office; used to pay any salary, benefit, or award for any personnel of the
Office; used to pay any other operating expense of the Office; or used to
reimburse the Office for any service provided, or expense incurred, by the
Office.</text>
</appropriations-small><appropriations-intermediate id="H06BFDB630B01499780E9C80378083C81"><header>Social security
administration</header>
</appropriations-intermediate><appropriations-small id="HFBBD71F1463A43259F23881E29EC4D37"><header>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 Social
Security Act, $20,404,000.</text>
</appropriations-small><appropriations-small id="H577E1DDA9D6F4588967F859E9B3C04FF"><header>Supplemental security income
program</header><text display-inline="no-display-inline">For carrying out
titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603,
section 212 of Public Law 93–66, as amended, and section 405 of Public Law
95–216, including payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act,
$38,062,428,000, to remain available until expended: <italic>Provided</italic>,
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: <italic>Provided further,</italic> That not more than $17,428,000
shall be available for research and demonstrations under sections 1110 and 1114
of the Social Security Act and remain available until the end of fiscal year
2013: <italic>Provided further,</italic> That from the funds provided for
research and demonstration of section 1110 of the Social Security Act, up to
$10,000,000 shall be available to provide incentives payments and to conduct a
rigorous evaluation of a demonstration project designed to improve the outcomes
for SSI child recipients and their families: <italic>Provided further,</italic>
That for the previous proviso the Commissioner is authorized to waive any of
the requirements, conditions, or limitations of title XVI of the Social
Security Act, and is authorized to waive any requirements related to the
conduct of research or demonstration projects, where appropriate.</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 Social
Security Act, 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 Social Security Act for the first quarter of fiscal year 2013,
$18,200,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HC6FC975E2F09457E81E5849DCA9A5707"><header>Limitation
on administrative expenses</header>
</appropriations-small><appropriations-small id="HA8A4FD566E424784B159DE5E15F5373A"><header>(Including
transfer 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 $10,981,494,000 may be expended, as authorized by section 201(g)(1) of the
Social Security Act, from any one or all of the trust funds referred to in such
section: <italic>Provided</italic>, That not less than $2,150,000 shall be for
the Social Security Advisory Board: <italic>Provided further,</italic> That up
two percent of these funds may be used to support Program Integrity
activity:<italic> Provided further,</italic> That funds made available in this
paragraph and remaining unobligated at the end of fiscal year 2012 may be
placed, not later than the end of the fifth fiscal year after the last fiscal
year for which such funds are available for the purposes for which
appropriated, in an IT and Telecommunications Investment Fund (<quote>ITT
Fund</quote>) to be established within this account where such funds shall
remain available until expended for investments in Social Security
Administration information technology and telecommunications hardware and
software infrastructure, including related equipment and non-payroll
administrative expenses: <italic>Provided further</italic>, That unobligated
balances of appropriations made to this account in prior fiscal years that
remain available for the purposes specified in the preceding proviso may also
be placed in the ITT Fund not later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the purposes for
which such funds were appropriated: <italic>Provided further</italic>, That
hereafter the Commissioner of the Social Security Administration shall provide
information to the Committees on Appropriations of the House of Representatives
and the Senate each year, at the same time the President's budget is submitted
to Congress, regarding actual or estimated amounts placed in, and obligated and
expended from, the ITT Fund during the preceding, current, and succeeding
fiscal years, including the nature and purposes of all such obligations and
expenditures, and regarding the balances remaining (or expected to remain) in
the ITT Fund as of the close of each such fiscal year: <italic>Provided
further</italic>, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States Code, 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 of the Treasury not otherwise appropriated, as soon as possible
after such expenditures are made.</text><text display-inline="no-display-inline">In addition, $163,000,000 to be derived from
administration fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of
Public Law 93–66, which shall remain available until expended. To the extent
that the amounts collected pursuant to such sections in fiscal year 2012 exceed
$163,000,000, the amounts shall be available in fiscal year 2013 only to the
extent provided in advance in appropriations Acts.</text><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 id="HD6A12EF31D6A4676ACFD70213CDB811B"><header>Program
Integrity</header><text display-inline="no-display-inline">For necessary
expenses, not more than $896,000,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of the trust funds
referred to therein: <italic>Provided</italic>, That such funds may only be
used for the costs associated with conducting continuing disability reviews
under titles II and XVI of the Social Security Act and for the costs associated
with conducting redeterminations of eligibility under title XVI of the Social
Security Act: <italic>Provided further</italic>, That the Commissioner shall
provide to the Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, 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 id="H220B365452994231B7F7A8E938C622F7"><header>Office of
inspector general</header>
</appropriations-small><appropriations-small id="H4F62BF9DF1B246929BD7693A51C195A2"><header>(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 $77,113,000, to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.</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:
<italic>Provided,</italic> That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any transfer and
approve such transfer.</text>
</appropriations-small></section><enum>V</enum><header>GENERAL
PROVISIONS</header>
<appropriations-small id="H83FC863B1425485EBF3EC500B6A3D582"><header>(transfer of
funds)</header>
</appropriations-small><section id="H417868AFCE3B4E21B8D5B3A500BB54D9"><enum>501.</enum><text>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 id="H7490F5540EBB49EE8F59F1300FF96E32"><enum>502.</enum><text>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 id="H3725DFE06EEA4CBFAC81D6CB32C3AED2"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="H72E37C2EE41848679ECCBA72E024B981"><enum>(a)</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this or any other 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, electronic communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation before the Congress
or any State or local legislature or legislative body, except in presentation
to the Congress or any State or local legislature itself or designed to support
or defeat any proposed or pending regulation, administrative action, or order
issued by the Executive Branch of any State or local government;</text>
</subsection><subsection id="H98E4B640AD9D4FD38F297ED808E752BA"><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 the enactment of legislation, appropriations, regulation,
administrative action, or executive order proposed or pending before the
Congress or any State government, State legislature or local legislature or
legislative body;</text>
</subsection><subsection id="H69EBA8533D854E1CAC3E224AEDCE822A"><enum>(c)</enum><text display-inline="yes-display-inline">The prohibitions in paragraphs (a) and (b)
shall include any activity to advocate or promote any pending or future
Federal, state or local tax increase or any pending or future requirement or
restriction on any legal consumer product, including its sale or marketing,
including but not limited to the study, advocacy and promotion of gun
control;</text>
</subsection><subsection id="H4B1DB90323584F7D9BD234F4DA192BF9"><enum>(d)</enum><text display-inline="yes-display-inline">None of the funds made available to the
Department of Health and Human Services under Section 4002 of Public Law
111-148 shall be used in whole or in part to fund any projects or activities
not subject to reporting requirements equivalent to those specified in Section
1512 of Public Law 111-5.</text>
</subsection></section><section id="HC3BBF384576744EA8993604F63A3407C"><enum>504.</enum><text>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 id="H3FFA634753E4466592DAEDA93682336A"><enum>505.</enum><text>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 id="HC6ABE84E3436441C965B7004F32544B8"><enum>(1)</enum><text>the percentage of
the total costs of the program or project which will be financed with Federal
money;</text>
</paragraph><paragraph id="H139B74680E5147139CBC9AFA691A5650"><enum>(2)</enum><text>the dollar amount
of Federal funds for the project or program; and</text>
</paragraph><paragraph id="HD339C4EA73A74194BAF16D67345DBC15"><enum>(3)</enum><text>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 id="H8B46102A24CA4A0890D04E968214D25A"><enum>506.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0C446B15EBDB4A90AFC323FECA3C4AB3"><enum>(a)</enum><text>None of the funds
appropriated in this Act, none of the funds in any trust fund to which funds
are appropriated in this Act, and none of the funds made available by Public
Law 111-148 or title I or subtitle B of title II of Public Law 111-152 shall be
expended for any abortion.</text>
</subsection><subsection id="HF655C6F1B2CB4DC28884CDD7EE6769CA"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act,
none of the funds in any trust fund to which funds are appropriated in this
Act, and none of the funds made available by Public Law 111-148 or title I or
subtitle B of title II of Public Law 111-152 shall be expended for health
benefits coverage that includes coverage of abortion.</text>
</subsection><subsection id="H77FDE9A5B7974AC7AD325F67086A0481"><enum>(c)</enum><text>The term health
benefits coverage means the package of services covered by a managed care
provider or organization pursuant to a contract or other arrangement.</text>
</subsection></section><section id="HE86D142D5B54431E957931A1A24A8B21"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="H214DA95F1D4C4F99B7905AAB1F6D26D2"><enum>(a)</enum><text>The limitations
established in the preceding section shall not apply to an abortion—</text>
<paragraph id="H701531F4CD1848069C669B7FDAF612D4"><enum>(1)</enum><text>if the pregnancy
is the result of an act of rape or incest; or</text>
</paragraph><paragraph id="H49A641163359418588D24C523F12C30A"><enum>(2)</enum><text>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 id="H6ABC6032DF9F486CB585279A1C1EABF0"><enum>(b)</enum><text>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 id="H6AADC2E89CE641A6AE06791B522319AE"><enum>(c)</enum><text>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 id="H65AE73BCE99E443A81558E8134E69723"><enum>(d)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H053D359CEF32414A8BC20F22A7D68394"><enum>(1)</enum><text>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 health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide coverage
of, or refer for abortions.</text>
</paragraph></subsection><subsection id="H20ABBB1414904D15B9BD6CF55E893DED"><enum>(2)</enum><text>In this
subsection, the term health care entity includes an individual physician or
other health care professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan, or any other kind
of health care facility, organization, or plan.</text>
</subsection></section><section id="HC39FCD4376FE466BAF31CD2C8B9F6A2D"><enum>508.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD4CC0D9F7764477AB92A9F8CF9BB2158"><enum>(a)</enum><text>None of the funds made
available in this Act may be used for—</text>
<paragraph id="H575B5636D25B45BBA9D2159F948A6B6E"><enum>(1)</enum><text>the creation of a
human embryo or embryos for research purposes; or</text>
</paragraph><paragraph id="H0DFCC029F96F4D7198BB4A5524C0905C"><enum>(2)</enum><text>research in which
a human embryo or embryos are destroyed, discarded, or knowingly subjected to
risk of injury or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service
Act (42 U.S.C. 289g(b)).</text>
</paragraph></subsection><subsection id="H28EA169B670C4C33BBF4BAC30DA7C988"><enum>(b)</enum><text>For purposes of
this section, the term human embryo or embryos includes any organism, not
protected as a human subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.</text>
</subsection></section><section id="H322EA88F3B624E48AEDA24944A52DF3B"><enum>509.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF75DAE5E4F6B426BAD43F99E94D1A08E"><enum>(a)</enum><text>None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of the
schedules of controlled substances established under section 202 of the
Controlled Substances Act except for normal and recognized
executive-congressional communications.</text>
</subsection><subsection id="HCA625FB6562041398F605342C24B175E"><enum>(b)</enum><text>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 id="H3A702A1064924619A0F499FD4C8315F9"><enum>510.</enum><text>None of the funds
made available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care provider),
until legislation is enacted specifically approving the standard.</text>
</section><section id="H1F1C3B4B5B624F818D633A09CF8DDEE0"><enum>511.</enum><text>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 id="H89F83723438047C796D54B836E737913"><enum>(1)</enum><text>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 id="H7833AEB5208F4F4E851B6ED8231AABC7"><enum>(2)</enum><text>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 id="H2869AA35116F4A73BF944868623C926A"><enum>512.</enum><text>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 id="H3B7451F7A3D84E81B9CFB212A1081960"><enum>513.</enum><text>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 id="H95D3248224014407BC43A735857BBF14"><enum>514.</enum><text>None of the funds
made available by this Act to carry out part D of title II of the Elementary
and Secondary Education Act of 1965 may be made available to any elementary or
secondary school covered by paragraph (1) of section 2441(a) of such Act, as
amended by the Children's Internet Protection Act and the No Child Left Behind
Act, unless the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of such
section.</text>
</section><section id="H9F75EA12C67D49768F9A7653B6FC5C64"><enum>515.</enum><subsection commented="no" display-inline="yes-display-inline" id="HAFBF62B726F448F0B9EBDBBAEFF62512"><enum>(a)</enum><text>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 2012, 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 id="HCA84E0186DD44D059AA737027FF91A23"><enum>(1)</enum><text>creates new
programs;</text>
</paragraph><paragraph id="HC91221231130461F958B2878C4CED967"><enum>(2)</enum><text>eliminates a
program, project, or activity;</text>
</paragraph><paragraph id="H17ECD45C440C45E4BE276C3068C27537"><enum>(3)</enum><text>increases funds or
personnel by any means for any project or activity for which funds have been
denied or restricted;</text>
</paragraph><paragraph id="H3CC9220111E443FEB91B28B95862590A"><enum>(4)</enum><text>relocates an
office or employees;</text>
</paragraph><paragraph id="HAA356228EC564795BE92331FF1041A5C"><enum>(5)</enum><text>reorganizes or
renames offices;</text>
</paragraph><paragraph id="HF85A20FB01D445F3A9284454AAA8DD62"><enum>(6)</enum><text>reorganizes
programs or activities; or</text>
</paragraph><paragraph id="H5B86D1EE802F4D5CB525A3AA54083CF2"><enum>(7)</enum><text>contracts out or
privatizes any functions or activities presently performed by Federal
employees;</text>
</paragraph><continuation-text continuation-text-level="subsection">unless
approved by the Committees on Appropriations of the House of Representatives
and the Senate 15 days in advance of such reprogramming.</continuation-text></subsection><subsection id="H56753458AD594BF4888A07B9E560FD4D"><enum>(b)</enum><text>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 2012, 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 id="HC0E0624E46E444B090CD421563A4D389"><enum>(1)</enum><text>augments existing
programs, projects (including construction projects), or activities;</text>
</paragraph><paragraph id="H9574A065A0954C80B1FB2ED247E76817"><enum>(2)</enum><text>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 id="HFE7450D34CF14EE5AD9613A621995B21"><enum>(3)</enum><text>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 continuation-text-level="subsection">unless
approved by the Committees on Appropriations of the House of Representatives
and the Senate 15 days in advance of such reprogramming.</continuation-text></subsection></section><section id="H02C06FBB7F344338AEB0A1376E6D55DD"><enum>516.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5B0B32D849AE49BF82C22F820397E594"><enum>(a)</enum><text>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 id="HBCF88FB8DB34405096BB01C7421ED564"><enum>(b)</enum><text>None of the funds
made available in this Act may be used to disseminate information that is
deliberately false or misleading.</text>
</subsection></section><section id="HB27BBDB7B8BD44659F2CC387EBCDB2D0"><enum>517.</enum><text>Within 45 days of
enactment of this Act, each department and related agency funded through this
Act shall submit an operating plan that details at the program, project, and
activity level any funding allocations for fiscal year 2012 that are different
than those specified in this Act, the accompanying detailed table in the
committee report, or the fiscal year 2012 budget request.</text>
</section><section id="HCF1A6D550EDA479A8739EE662ED475BE"><enum>518.</enum><text>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 $100,000 in value and awarded by the
Department on a non-competitive basis during each quarter of fiscal year 2012,
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 id="H9863A07CECA3439D92683AC40D66C2E2"><enum>519.</enum><text>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 three 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>
</section><section id="H6BB1BAC01AC148829D91FFEFFBFBA0BA"><enum>520.</enum><text>None of the funds
appropriated in this Act shall be expended or obligated by the Commissioner of
Social Security, for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim for credit for
a quarter of coverage based on work performed under a social security account
number that is not the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the claimant of a
violation of section 208(a)(6) or (7) of the Social Security Act.</text>
</section><section id="H7E520759ABF74DBD85B3D47A89CEAB5B"><enum>521. </enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
may be used by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social Security
Administration to administer Social Security benefit payments, under any
agreement between the United States and Mexico establishing totalization
arrangements between the social security system established by title II of the
Social Security Act and the social security system of Mexico, which would not
otherwise be payable but for such agreement.</text>
</section><section id="H80F5BA785E4641A7BFC10E71CF0B0622"><enum>522. </enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used in contravention of title IV of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).</text>
</section><section id="H40A8B9776DFF49F3991A165F85EC43FC"><enum>523. </enum><text display-inline="yes-display-inline">Notwithstanding any other provision of this
Act, no funds appropriated in this Act shall be used to carry out any program
of distributing sterile needles or syringes for the hypodermic injection of any
illegal drug.</text>
</section><section id="HAA14472C2B2340739BBF70928E4836D2"><enum>524.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be made available for any purpose to Planned Parenthood Federation of
America, Inc. or any affiliate or clinic of Planned Parenthood Federation of
America, Inc. unless such entities certify that Planned Parenthood Federation
of America affiliates and clinics will not perform, and will not provide any
funds to any other entity that performs, an abortion.</text>
<paragraph id="H6186464E6CC743D3BA3E9D485440A02D"><enum>(1)</enum><text>This limitation
shall not apply to an abortion:</text>
<subparagraph id="HDD16EE2A8A864B7E81213B5D4AC7FEE2"><enum>(A)</enum><text>if the pregnancy
is the result of an act of rape or incest; or</text>
</subparagraph><subparagraph id="HAFABB206928842DAA35599BC3DA53EC8"><enum>(B)</enum><text>in the case where
a woman suffers from a physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering physical
condition caused by or arising from the pregnancy itself.</text>
</subparagraph></paragraph><paragraph id="HFCC5CD3DD7D54EB883AF9838EC43CB81"><enum>(2)</enum><text>The Secretary of
Health and Human Services shall seek repayment of any Federal assistance
received by Planned Parenthood Federation of America, Inc., or any affiliate or
clinic of Planned Parenthood Federation of America, Inc., if it violates the
terms of the certification required by this section.</text>
</paragraph></section><section id="H378EB1532AB649CBA6EFB736AEAE3195"><enum>525.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to implement, administer, enforce, or further the provisions of
Public Law 111-148 and title I and subtitle B of title II of Public Law 111-152
(and the amendments made by such provisions) until 90 days after the date on
which all legal challenges to any of such provisions are complete:
<italic>Provided</italic>, That funds in this Act may be used to implement,
administer, enforce, or further the final rules for regulations CMS-1524-P,
CMS-1325-P, CMS-1353-P, CMS-1577-P, CMS-1346-F, CMS-1349-F, CMS-1351-F, and
CMS-1518-F insofar as each respective rule relates to calendar year 2012 or
fiscal year 2012: <italic>Provided further</italic>, That if as a result of
this provision cost share weights for calculating payment rates under the
physician fee schedule under section 1848 of the Social Security Act and
calculating productivity adjustments to payment rates for 2012 under title
XVIII of such Act are not available, the Secretary of Health and Human Services
shall use such cost share weights used in the final rule for the applicable
regulation specified in the preceding proviso for calendar year 2012 or fiscal
year 2012 for calculating such payment rates and productivity adjustments and
shall implement such adjustments: <italic>Provided further</italic>, That funds
in this Act may be used to implement, administer, enforce, or further the final
rules for the provisions of (and amendments made by) sections 2501(c), 2501(d),
and 2503 of Public Law 111-148, as amended by sections 1206(a) and 1101(c) of
Public Law 111-152, insofar as each respective rule relates to calendar year
2012.</text>
</section><section id="HF2BA7466EFE84CBBBB54CC662922908F"><enum>526. </enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for Aging and Disability Resources Centers ] under section 2405 of Public
Law 111-148, $10,000,000 is rescinded.</text>
</section><section id="HF07131C954D1422ABDBE018E7815F0E9"><enum>527.</enum><text display-inline="yes-display-inline">Of the funds made available [for the
Consumer Operated and Oriented Plan] under section 1322 of Public Law 111-148,
$3,800,000,000 is rescinded.</text>
</section><section id="H361DDEF2B11D4B3B8C5704BA8807601D"><enum>528.</enum><text display-inline="yes-display-inline">Of the funds made available [for the Center
for Medicare & Medicaid Innovation] under section 3021(a) of Public Law
111-148, $1,862,000,000 is rescinded.</text>
</section><section id="H3CEAA5DA0C404557AA5152A8B6297DD6"><enum>529.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for the Independent Payment Advisory Board] under section 3403 of Public
Law 111-148, $15,000,000 is rescinded.</text>
</section><section id="H20C8B057ED0D43AD9B666820CD01AB98"><enum>530.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for the Community Health Centers Fund] under sections 10503(b)(1) and
10503(b)(2) of Public Law 111-148, $1,495,000,000 is rescinded.</text>
</section><section id="HE8F82478DD4D4A28804D62052FD35EED"><enum>531.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for the Health workforce demonstration grants] under section 5507(a) of
Public Law 111-148, $85,000,000 is rescinded.</text>
</section><section id="HF7783C867D7A4A62A5872338048B6852"><enum>532.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for the Prevention and Public Health Fund] under section 4002 of Public
Law 111-148, $1,000,000,000 is rescinded.</text>
</section><section id="HA3B419D30FC14F95A5913CFCBE2E05EF"><enum>533.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for the Maternal, Infant, and Early Childhood Home Visitation] under
section 2951 of Public Law 111-148, $350,000,000 is rescinded.</text>
</section><section id="H764FDA4621554CDEA643C3A69B920FE3"><enum>534.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 [for the Pregnancy Assistance Fund] under section 10214 of Public Law
111-148, $25,000,000 is rescinded.</text>
</section><section id="H74775FC206C545A2A2B49D1B69053256"><enum>535.</enum><header>Abortion
non-discrimination</header><text display-inline="yes-display-inline">Section 245 of the Public Health Service
Act (42 3 U.S.C. 238n) is amended—</text>
<paragraph id="H8CF0A2EBBDBE4A5B915478FB54406415"><enum>(1)</enum><text>in the section heading, by striking <quote><header-in-text level="section" style="OLC">and licensing of physicians and
inserting</header-in-text></quote>and inserting<quote><header-in-text level="section" style="OLC">, Licensing, and practice of physicians and other
health care entities</header-in-text></quote>;</text>
</paragraph><paragraph id="HB24EB8AA289B49DF8CBDEE0AEF01D641"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (a), by amending paragraph
(1) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H42A4851DF9694495A0D8AA075E3695C4" style="OLC">
<paragraph id="HE72E2E984B314903902A4957AD7CE43F"><enum>(1)</enum><text display-inline="yes-display-inline">the entity refuses—</text>
<subparagraph id="H2BB8CA1E0AB24F41B6B9C2320653CBE1"><enum>(A)</enum><text>to undergo
training in the perform- ance of induced abortions;</text>
</subparagraph><subparagraph id="H113C1DAEAAF2440C8C9DE544F3908CDF"><enum>(B)</enum><text>to require or
provide such training;</text>
</subparagraph><subparagraph id="H1B558391BBFA47B6B6A4F142082689B7"><enum>(C)</enum><text>to perform,
participate in, provide coverage of, or pay for induced abortions;</text>
</subparagraph><subparagraph id="H9C0AF12171CC4E809A49E9D6B76FD68F"><enum>(D)</enum><text>to provide
referrals for such training or such
abortions;</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H8A53C6EF134147E2922BF2B702212005"><enum>(3)</enum><text>in subsection (b),
by striking an <quote>accreditation standards that requires</quote> and
inserting <quote>an accreditation standard that requires</quote>;</text>
</paragraph><paragraph id="HBF090216537D485BAC7A5CC263FC2BE8"><enum>(4)</enum><text display-inline="yes-display-inline">in subsection (c), by amending paragraphs
(1) and (2) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H0F56CF9EF25B430DAB2E313EF1044A41" style="OLC">
<paragraph id="H02FB5BA1845946AFA6112D796B2B95BB"><enum>(1)</enum><text display-inline="yes-display-inline">The term <quote>financial
assistance</quote>, with respect to a government program, means governmental
payments to cover the cost of health care services or benefits, or other
Federal payments, grants, or loans to promote or otherwise facilitate
health-related activities</text>
</paragraph><paragraph id="H2BF977535A824D7AAB82A380F62A9456"><enum>(2)</enum><text display-inline="yes-display-inline">The term <quote>health care entity</quote>
includes an individual physician or other health professional, a postgraduate
physician training program, a participant in a program of training in the
health professions, a hospital, a provider sponsored organization, a health
maintenance organization, an accountable care organization, a health insurance
plan, or any other kind of health care facility, organization, or
plan.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H63056EEDD1A94619999B72F2239E2F2E"><enum>(5)</enum><text>in subsection (c),
by adding a new graph (4) as follows:</text>
<quoted-block display-inline="no-display-inline" id="H6E5E09C6F25345B89447544C56692660" style="OLC">
<paragraph id="H532F24D4871C4BF0A80D0574C94F2D8F"><enum>(4)</enum><text display-inline="yes-display-inline">The term <quote>State or local government
that receives Federal financial assistance</quote> includes any agency or other
governmental unit of a State or local government if such government receives
Federal financial
assistance.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="HDF6F54303DE040B1BC629A635C5F6839"><enum>(6)</enum><text>by redesignating subsection (c) as subsection (e); and</text>
</paragraph><paragraph id="HDE4E1601A3F44F6E84221B17BF278FC9"><enum>(7)</enum><text>by inserting after
subsection (b) the following:</text>
<quoted-block display-inline="no-display-inline" id="H37C2E987AA0F4A44856F278C482B0900" style="OLC">
<subsection id="H3AC06FEF605142D49C414E1367C779CA"><enum>(c)</enum><header>Remedies</header>
<paragraph id="H4ADB60A35B6D491FAA2096295D6D6F96"><enum>(1)</enum><header>In
general</header><text>The courts of the United States shall have jurisdiction
to prevent and redress actual or threatened violations of this section by
issuing any form of legal or equitable relief, including—</text>
<subparagraph id="H9F0B375C08DF468196B427C6F6DD46ED"><enum>(A)</enum><text>injunctions
prohibiting conduct that violates this section; and</text>
</subparagraph><subparagraph id="HE7B34E119D0D42168BE766B930EA3058"><enum>(B)</enum><text>orders preventing
the disbursement of all or a portion of Federal financial assistance to a State
or local government, or to a specific offending agency or program of a State or
local government, until such time as the conduct prohibited by this section has
ceased.</text>
</subparagraph></paragraph><paragraph id="H1C3D6FA13F9A4778AE5FA64755914719"><enum>(2)</enum><header>Commencement of
action</header><text>.An action under this section may be instituted by—</text>
<subparagraph id="HDEF30404DE8B484A86242A93A2C09373"><enum>(A)</enum><text>any health care
entity that has standing to complain of an actual or threatened vio lation of
this section; or</text>
</subparagraph><subparagraph id="HD340DD31585B4BF6968253F32D67DE16"><enum>(B)</enum><text>the Attorney
General of the United States.</text>
</subparagraph></paragraph><paragraph id="HE6E9C81542464CEF9FA7139E5C689DC3"><enum>(3)</enum><header>Relation to
administrative remedies</header><text>A party may commence or continue an
action and obtain relief under this subsection without regard to whether a
complaint under subsection (d) has been filed or is pending.</text>
</paragraph></subsection><subsection id="H4A180E44DB954F63A0DDA494022FE1E6"><enum>(d)</enum><header>Administration</header><text>The
Secretary shall designate the Director of the Office for Civil Rights of the
Department of Health and Human Services—</text>
<paragraph id="H9B2D63BE57224D0BAC769C31FF2C093B"><enum>(1)</enum><text>to receive
complaints alleging a violation of this section; and</text>
</paragraph><paragraph id="H837D93F4F12A4C52BE029CF645FC01D4"><enum>(2)</enum><text>to pursue the
investigation of such com plaints, in coordination with the Attorney
General.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="HC88ADCB8A545475DB698C37C7A2E7634"><enum>536.</enum><text display-inline="yes-display-inline">The Departments of Labor, Health and Human
Services and Education and the Social Security Administration shall provide the
Committees on Appropriations of the House of Representatives and Senate a
quarterly report on the status of balances of appropriations:
<italic>Provided,</italic> That for balances that are unobligated and
uncommitted, committed, and obligated but unexpended, the quarterly reports
shall separately identify the amounts attributable to each source year of
appropriation from which balances were derived: <italic>Provided
further,</italic> That initital reports shall be submitted to the Committees on
Appropriations within 30 days of the end of the first quarter of fiscal year
2012: <italic>Provided further,</italic> That subsequent reports shall be
submitted within 30 days of the end of each quarter thereafter.</text>
</section><section display-inline="no-display-inline" id="HE92F65B965A545EAAE58D16F9BFDAD3C"><enum>537.</enum><text display-inline="yes-display-inline">The amount by which the applicable
allocation of new budget authority made by the Committee on Appropriations of
the House of Representatives under section 302(b) of the Congressional Budget
Act of 1974 exceeds the amount of proposed new budget authority is $0.</text>
</section><section display-inline="no-display-inline" id="HC71D572037CB4E3F8C3E11B54EF953F2" section-type="undesignated-section"><text display-inline="yes-display-inline">This title may be cited as the
<quote><short-title>Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2012</short-title></quote>.</text>
</section>