[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3295 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 428
112th CONGRESS
  2d Session
                                S. 3295

                          [Report No. 112-176]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2013, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2012

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

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2013, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2013, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(referred to in this Act as ``WIA''), the Second Chance Act of 2007, 
the Women in Apprenticeship and Non-Traditional Occupations Act of 1992 
(``WANTO Act''), and the Workforce Innovation Fund, as established by 
this Act, 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, 
$3,176,063,000, plus reimbursements, shall be available. Of the amounts 
provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,603,315,000 as follows:
                    (A) $770,811,000 for adult employment and training 
                activities, of which $58,811,000 shall be available for 
                the period July 1, 2013, through June 30, 2014, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2013 through June 30, 2014;
                    (B) $824,353,000 for youth activities, which shall 
                be available for the period April 1, 2013 through June 
                30, 2014; and
                    (C) $1,008,151,000 for dislocated worker employment 
                and training activities, of which $148,151,000 shall be 
                available for the period July 1, 2013 through June 30, 
                2014, and of which $860,000,000 shall be available for 
                the period October 1, 2013 through June 30, 2014:
  Provided, 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:  Provided further, That a 
local board may award a contract to an institution of higher education 
or other eligible training provider if the local board determines that 
it would facilitate the training of multiple individuals in high-demand 
occupations, if such contract does not limit customer choice:  Provided 
further, That notwithstanding section 128(a)(1) of the WIA, the amount 
available to the Governor for statewide workforce investment activities 
shall not exceed 5 percent of the amount allotted to the State from 
each of the appropriations under the preceding subparagraphs or 10 
percent if at least 50 percent of the funding is used to support 
training delivered on a local or regional basis for in-demand 
occupations or industries;
            (2) for federally administered programs, $486,510,000 as 
        follows:
                    (A) $224,066,000 for the dislocated workers 
                assistance national reserve, of which $24,066,000 shall 
                be available for the period July 1, 2013 through June 
                30, 2014, and of which $200,000,000 shall be available 
                for the period October 1, 2013 through June 30, 2014:  
                Provided, That funds provided to carry out section 
                132(a)(2)(A) of the WIA may be used to provide 
                assistance to a State for statewide or local use in 
                order to address cases where there have been worker 
                dislocations across multiple sectors or across multiple 
                local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers:  Provided further, That 
                funds provided to carry out section 171(d) of the WIA 
                may be used for demonstration projects that provide 
                assistance to new entrants in the workforce and 
                incumbent workers:  Provided further, That none of the 
                funds shall be obligated to carry out section 173(e) of 
                the WIA;
                    (B) $47,562,000 for Native American programs, which 
                shall be available for the period July 1, 2013 through 
                June 30, 2014;
                    (C) $84,291,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $78,104,742 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $5,678,222 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $508,036 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2013 through June 30, 2014:  
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;
                    (D) $996,000 for carrying out the WANTO Act, which 
                shall be available for the period July 1, 2013 through 
                June 30, 2014;
                    (E) $79,689,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2013 through June 30, 
                2014; and
                    (F) $49,906,000 to be available to the Secretary of 
                Labor (referred to in this title as ``Secretary'') for 
                the Workforce Innovation Fund to carry out projects 
                that demonstrate innovative strategies or replicate 
                effective evidence-based strategies that align and 
                strengthen the workforce investment system in order to 
                improve program delivery and education and employment 
                outcomes for beneficiaries, which shall be for the 
                period July 1, 2013 through September 30, 2014:  
                Provided, That amounts shall be available for awards to 
                States or State agencies that are eligible for 
                assistance under any program authorized under the WIA, 
                consortia of States, or partnerships, including 
                regional partnerships:  Provided further, That not more 
                than 5 percent of the funds available for workforce 
                innovation activities shall be for technical assistance 
                and evaluations related to the projects carried out 
                with these funds:  Provided further, That not more than 
                $10,000,000 of the funds provided for the Workforce 
                Innovation Fund may be used for performance-based 
                awards or other agreements under the Pay for Success 
                program:  Provided further, That, with respect to the 
                proceeding proviso, any funds obligated for such 
                projects or agreements shall remain available for 
                disbursement until expended, notwithstanding 31 U.S.C. 
                1552(a), and that any funds deobligated from such 
                projects or agreements shall immediately be available 
                for Workforce Innovation Fund activities;
            (3) for national activities, $86,238,000, as follows:
                    (A) $80,238,000 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, 2013 through June 30, 
                2014, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA:  Provided, 
                That of this amount, $20,000,000 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; and
                    (B) $6,000,000 for the Workforce Data Quality 
                Initiative, under the authority of section 171(c)(2) of 
                the WIA, which shall be available for the period July 
                1, 2013 through June 30, 2014, and which shall not be 
                subject to the requirements of section 171(c)(4)(D).

                          office of job corps

    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, $1,673,210,000, plus reimbursements, 
as follows:
            (1) $1,569,078,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2013 through June 30, 2014;
            (2) $75,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2013 through June 30, 2016:  Provided, That 
        the Secretary may transfer up to 15 percent of such funds to 
        meet the operational needs of such centers or to achieve 
        administrative efficiencies:  Provided further, That any funds 
        transferred pursuant to the preceding proviso shall not be 
        available for obligation after June 30, 2014; and
            (3) $29,132,000 for necessary expenses of the Office of Job 
        Corps, which shall be available for obligation for the period 
        October 1, 2012 through September 30, 2013:
   Provided further, That no funds from any other appropriation shall 
be used to provide meal services at or for Job Corps centers.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (referred 
to in this Act as ``OAA''), $448,251,000, which shall be available for 
the period July 1, 2013 through June 30, 2014, and may be recaptured 
and reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 2013 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, employment and 
case management services, and related State administration provided 
pursuant to section 231(a) of the Trade Adjustment Assistance Extension 
Act of 2011, $1,421,000,000, together with such amounts as may be 
necessary to be charged to the subsequent appropriation for payments 
for any period subsequent to September 15, 2013.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $86,111,000, together with 
not to exceed $3,795,882,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,989,912,000 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 not less than $60,000,000 to conduct in-person re-
        employment and eligibility assessments and unemployment 
        insurance improper payment reviews, and $10,000,000 for 
        activities to address the misclassification of workers), the 
        administration of unemployment insurance for Federal employees 
        and for ex-service members as authorized under 5 U.S.C. 8501-
        8523, and the administration of trade readjustment allowances, 
        re-employment trade adjustment assistance, and alternative 
        trade adjustment assistance under the Trade Act of 1974 and 
        under section 231(a) of the Trade Adjustment Assistance 
        Extension Act of 2011, and shall be available for obligation by 
        the States through December 31, 2013, except that funds used 
        for automation acquisitions or competitive grants awarded to 
        States for improved operations, re-employment and eligibility 
        assessments and improper payments, or activities to address 
        misclassification of workers shall be available for obligation 
        by the States through September 30, 2015, and funds used for 
        unemployment insurance workloads experienced by the States 
        through September 30, 2013 shall be available for Federal 
        obligation through December 31, 2013;
            (2) $11,297,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $708,204,000 from the Trust Fund, together with 
        $22,638,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, of which not less than $30,000,000 shall be used to 
        provide re-employment services to beneficiaries of unemployment 
        insurance, and shall be available for Federal obligation for 
        the period July 1, 2013 through June 30, 2014;
            (4) $20,952,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $65,517,000 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
            (6) $63,473,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the WIA and shall be available for Federal 
        obligation for the period July 1, 2013 through June 30, 2014:
  Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 2013 is projected by the Department 
of Labor to exceed 3,908,000, an additional $28,600,000 from the Trust 
Fund shall be available for obligation for every 100,000 increase in 
the AWIU level (including a pro rata amount for any increment less than 
100,000) to carry out title III of the Social Security Act:  Provided 
further, That funds appropriated in this Act that are allotted to a 
State to carry out activities under title III of the Social Security 
Act may be used by such State to assist other States in carrying out 
activities under such title III if the other States include areas that 
have suffered a major disaster declared by the President under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act:  
Provided further, That the Secretary may use funds appropriated for 
grants to States under title III of the Social Security Act to make 
payments on behalf of States for the use of the National Directory of 
New Hires under section 453(j)(8) of such Act:  Provided further, That 
funds appropriated in this Act which are used to establish a national 
one-stop career center system, or which are used to support the 
national activities of the Federal-State unemployment insurance or 
immigration programs, may be obligated in contracts, grants, or 
agreements with non-State entities:  Provided further, That funds 
appropriated under this Act for activities authorized under title III 
of the Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed under the Office of Management and Budget Circular A-87:  
Provided further, That the Secretary, at the request of a State 
participating in a consortium with other States, may reallot funds 
allotted to such State under title III of the Social Security Act to 
other States participating in the consortium in order to carry out 
activities that benefit the administration of the unemployment 
compensation law of the State making the request:  Provided further, 
That, notwithstanding 31 U.S.C. 3302, the Secretary may, during the 
fiscal year ending September 30, 2013, collect and retain fees for the 
costs associated with additional data collection, analyses, and 
reporting services relating to the National Agricultural Workers Survey 
requested by State and local governments, public and private 
institutions of higher education, and non-profit organizations and may 
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, 
for the National Agricultural Workers Survey infrastructure, 
methodology, and data to meet the information collection and reporting 
needs of such entities and shall credit such fees to this account, 
which shall be available for obligation through September 30, 2014, for 
such purposes.
     In addition, $15,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person re-employment and eligibility 
assessments and unemployment insurance improper payment reviews.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the 
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of 
the Internal Revenue Code of 1986; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal Unemployment Benefits and Allowances'' account, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2014.

                         program administration

    For expenses of administering employment and training programs, 
$97,137,000, together with not to exceed $49,944,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $183,153,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104, as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2013, for the Corporation:  Provided, That none of the 
funds available to the Corporation for fiscal year 2013 shall be 
available for obligations for administrative expenses in excess of 
$479,013,000:  Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2013, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2014, for 
obligation for administrative expenses for every 20,000 additional 
terminated participants:  Provided further, That an additional $50,000 
shall be made available through September 30, 2014, for obligation for 
investment management fees for every $25,000,000 in assets received by 
the Corporation as a result of new plan terminations or asset growth, 
after approval by the Office of Management and Budget and notification 
of the Committees on Appropriations of the House of Representatives and 
the Senate:  Provided further, That obligations in excess of the 
amounts provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses 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.

                         Wage and Hour Division

                         salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $237,730,000.

                  Office of Labor-Management Standards

                         salaries and expenses

    For necessary expenses for the Office of Labor-Management 
Standards, $41,289,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

    For necessary expenses for the Office of Federal Contract 
Compliance Programs, $105,187,000.

                Office of Workers' Compensation Programs

                         salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $115,720,000, together with $2,120,000 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.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948; and 50 percent of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $396,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year:  Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, 
who is not the employer at the time of injury, for portions of the 
salary of a re-employed, disabled beneficiary:  Provided further, That 
balances of reimbursements unobligated on September 30, 2012, shall 
remain available until expended for the payment of compensation, 
benefits, and expenses:  Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 
8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2013:  Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $58,544,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems and telecommunications systems, $23,166,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $20,517,000;
            (3) For periodic roll management and medical review, 
        $14,861,000; and
            (4) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
  Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or 
the Longshore and Harbor Workers' Compensation Act, provide as part of 
such notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $123,220,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2014, $35,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $54,962,000, to remain 
available until expended:  Provided, That the Secretary 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.

                    black lung disability trust fund

                     (including transfer of funds)

    Such sums as may be necessary from the Black Lung Disability Trust 
Fund (the ``Fund''), to remain available until expended, for payment of 
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the 
Internal Revenue Code of 1986; and repayment of, and payment of 
interest on advances, as authorized by section 9501(d)(4) of that Act. 
In addition, the following amounts may be expended from the Fund for 
fiscal year 2013 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, ``Salaries and Expenses''; not to exceed 
$25,217,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; not to exceed $327,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $565,468,000, including not to exceed $104,196,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $200,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2013, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace:  
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees:  Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
  Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees:  Provided 
further, That $11,000,000 shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for the Mine Safety and Health 
Administration, $376,270,000, 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; in addition, the Mine Safety and Health Administration may 
retain up to $2,499,000 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, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health 
Administration is authorized to collect and retain fees for services 
related to the analysis of rock dust samples, and may utilize such sums 
to administer such activities, notwithstanding 31 U.S.C. 3302; the 
Secretary may transfer from amounts provided under this heading up to 
$2,000,000 to ``Departmental Management'' for activities related to the 
Office of the Solicitor's caseload before the Federal Mine Safety and 
Health Review Commission; the Secretary 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; 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; and the Secretary may 
reallocate among the items funded under this heading up to $3,000,000 
to support inspections or investigations pursuant to section 103 of the 
Federal Mine Safety and Health Act of 1977.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $551,867,000, 
together with not to exceed $67,176,000 which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $38,953,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $348,601,000, together with not 
to exceed $326,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund:  Provided, That 
$66,500,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2013:  Provided further, 
That funds available to the Bureau of International Labor Affairs may 
be used to administer or operate international labor activities, 
bilateral and multilateral technical assistance, and microfinance 
programs, by or through contracts, grants, subgrants and other 
arrangements:  Provided further, That not less than $40,000,000 shall 
be for programs to combat exploitative child labor internationally:  
Provided further, That not less than $6,500,000 shall be used to 
implement model programs that address worker rights issues through 
technical assistance in countries with which the United States has free 
trade agreements or trade preference programs:  Provided further, That 
$9,000,000 shall be used for program evaluation and shall be available 
for obligation through September 30, 2014:  Provided further, That 
funds available for program evaluation may be transferred to any other 
appropriate account in the Department for such purpose:  Provided 
further, That the funds available to the Women's Bureau may be used for 
grants to serve and promote the interests of women in the workforce.

                    veterans employment and training

    Not to exceed $224,636,000 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 $3,414,000 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, $38,185,000.

                            it modernization

    For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $19,814,000.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$77,790,000, together with not to exceed $5,898,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101.  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 II.

                          (transfer of funds)

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

                     (including transfer of funds)

    Sec. 107.  Notwithstanding section 102, the Secretary may transfer 
funds made available to the Employment and Training Administration by 
this Act, either directly or through a set-aside, for technical 
assistance services to grantees to ``Program Administration'' when it 
is determined that those services will be more efficiently performed by 
Federal employees.

                     (including transfer of funds)

    Sec. 108. (a) The Secretary may reserve not more than 0.5 percent 
from each appropriation made available in this Act identified in 
subsection (b) in order to carry out evaluations of any of the programs 
or activities that are funded under such accounts. Any funds reserved 
under this section shall be transferred to ``Departmental Management'' 
for use by the Office of the Chief Evaluation Officer within the 
Department of Labor, and shall be available for obligation through 
September 30, 2014:  Provided, That such funds shall only be available 
if the Chief Evaluation Officer of the Department of Labor submits a 
plan to the Committees on Appropriations of the House of 
Representatives and the Senate describing the evaluations to be carried 
out 15 days in advance of any transfer.
    (b) The accounts referred to in subsection (a) are: ``Training and 
Employment Services'', ``Office of Job Corps'', ``State Unemployment 
Insurance and Employment Service Operations'', ``Employee Benefits 
Security Administration'', ``Office of Workers' Compensation 
Programs'', ``Wage and Hour Division'', ``Office of Federal Contract 
Compliance Programs'', ``Office of Labor-Management Standards'', 
``Occupational Safety and Health Administration'', ``Mine Safety and 
Health Administration'', and ``Veterans Employment and Training''.
    Sec. 109.  Of the funds appropriated under section 272(b) of the 
Trade Act of 1974 for each of fiscal years 2013 and 2014, the Secretary 
may not reserve more than 3 percent of such funds to conduct 
evaluations and provide technical assistance relating to the activities 
carried out under section 271 of such Act, including activities carried 
out under such section supported by the appropriations provided for 
fiscal years 2011 and 2012.
    Sec. 110. (a) None of the amounts made available under this Act may 
be used to promulgate, administer, enforce, or otherwise implement the 
final rule entitled ``Temporary Non-Agricultural Employment of H-2B 
Aliens in the United States'' published by the Department of Labor on 
February 21, 2012 (77 Fed. Reg. 10038).
    (b) None of the amounts made available under this Act may be used 
to promulgate, administer, enforce, or otherwise implement the final 
rule entitled ``Wage Methodology for the Temporary Non-Agricultural 
Employment H-2B Program'' published by the Department of Labor on 
January 19, 2011 (76 Fed. Reg. 3452).

              transfer of comptroller general authorities

    Sec. 111. (a) Authority of Comptroller General To Pay Wages and 
List Contractors Violating Contracts.--40 U.S.C. 3144, is amended--
            (1) in the title, by striking ``of Comptroller General''; 
        and
            (2) in subsection (a)(1), by striking ``The Comptroller 
        General'' and inserting ``The Secretary of Labor''.
    (b) Report of Violations and Withholding of Amounts for Unpaid 
Wages and Liquidated Damages.--40 U.S.C. 3703, is amended in subsection 
(b)(3), by--
            (1) striking ``The Comptroller General'' in the first 
        sentence and inserting ``The Secretary of Labor''; and
            (2) striking ``the Comptroller General'' in the second 
        sentence and inserting ``the Secretary of Labor''.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2013''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

    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 and the Native Hawaiian Health Care Act of 1988, 
$1,585,064,000, of which $127,000 shall be available until expended for 
facilities renovations at the Gillis W. Long Hansen's Disease Center:  
Provided, That no more than $40,000 shall be available until expended 
for carrying out the provisions of section 224(o) of the PHS Act, 
including associated administrative expenses and relevant evaluations:  
Provided further, That no more than $94,893,000 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 
(referred to in this Act as ``HHS'') pertaining to administrative 
claims made under such law:  Provided further, That all funds provided 
for Health Centers program, as defined by section 330 of the PHS Act, 
by this Act or any other Act for fiscal year 2013 shall be obligated by 
the Secretary of Health and Human Services (referred to in this title 
as ``Secretary'') by September 30, 2013, of which $48,000,000 shall be 
awarded for base grant adjustments to address the increased costs of 
care and implement quality improvement activities.

                            health workforce

    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, $727,862,000: 
 Provided, That sections 747(c)(2), 751(j)(2), and 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:  
Provided further, That for any program operating under section 751 of 
the PHS Act on or before January 1, 2009, the Secretary may waive any 
of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) 
of such Act for fiscal year 2013 and fiscal years thereafter:  Provided 
further, That in addition to fees authorized by section 427(b) of the 
Health Care Quality Improvement Act of 1986, fees shall be collected 
for the full disclosure of information under such Act sufficient to 
recover the full costs of operating the National Practitioner Data Bank 
and shall remain available until expended to carry out that Act:  
Provided further, That fees collected for the full disclosure of 
information under the ``Health Care Fraud and Abuse Data Collection 
Program'', authorized by section 1128E(d)(2) of the Social Security 
Act, shall be sufficient to recover the full costs of operating the 
program, and shall remain available until expended to carry out that 
Act:  Provided further, That fees collected for the disclosure of 
information under the information reporting requirement program 
authorized by section 1921 of the Social Security Act shall be 
sufficient to recover the full costs of operating the program and shall 
remain available until expended to carry out that Act:  Provided 
further, That funds transferred to this account to carry out 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 such sections.

                       maternal and child health

    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, 
$854,807,000:  Provided, That notwithstanding sections 502(a)(1) and 
502(b)(1) of the Social Security Act, not more than $73,489,000 shall 
be available for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act and $10,276,000 
shall be available for projects described in paragraphs (A) through (F) 
of section 501(a)(3) of such Act.

                      ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,397,178,000, of which $2,056,898,000 shall 
remain available to the Secretary through September 30, 2014, for parts 
A and B of title XXVI of the PHS Act, and of which not less than 
$963,299,000 shall be for State AIDS Drug Assistance Programs under the 
authority of section 2616 or 311(c) of such Act:  Provided, 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.

                          health care systems

    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, $82,534,000:  Provided, That the Secretary may collect a fee of 
0.1 percent of each purchase of 340B drugs from entities participating 
in the Drug Pricing Program pursuant to section 340B of the PHS Act to 
pay for the operating costs of such program:  Provided further, That 
fees pursuant to the 340B Drug Pricing Program shall be collected by 
manufacturers at the time of sale, and shall be credited to this 
account, to remain available until expended.

                              rural health

    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, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820 
of the Social Security Act, $144,072,000, of which $41,040,000 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:  Provided, 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 up to $1,000,000 shall be to carry 
out section 1820(g)(6) of the Social Security Act, with funds provided 
for grants under section 1820(g)(6) 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 electronic health record system:  Provided further, 
That notwithstanding section 338J(k) of the PHS Act, $10,036,000 shall 
be available for State Offices of Rural Health.

                            family planning

    For carrying out the program under title X of the PHS Act to 
provide for voluntary family planning projects, $293,870,000:  
Provided, That amounts provided to said projects under such title shall 
not be expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office.

                           program management

    For program support in the Health Resources and Services 
Administration, $162,517,000:  Provided, 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''.

           health education assistance loans program account

    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, $2,807,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (the ``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the PHS Act, to remain available until expended:  
Provided, That for necessary administrative expenses, not to exceed 
$6,477,000 shall be available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

    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, 
$576,083,000:  Provided, 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.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                        tuberculosis prevention

    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, $1,101,934,000:  Provided, That 
Centers for Disease Control and Prevention (referred to in this title 
as ``CDC'') and State grant recipients may transfer up to ten percent 
of funds appropriated for CDC HIV/AIDS and tuberculosis activities to 
address the overlapping epidemics of HIV/AIDS, sexually transmitted 
infections, hepatitis, and tuberculosis by improving program 
collaboration and providing integrated services in accordance with 
priorities identified by the CDC:  Provided further, That with respect 
to the previous proviso, grantees shall submit a plan in writing to the 
CDC and obtain the approval of the CDC to transfer such funds.

               emerging and zoonotic infectious diseases

    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, $269,274,000, of which 
$1,000,000 shall remain available through September 30, 2014 for costs 
related to persons quarantined or isolated under Federal quarantine 
laws.

            chronic disease prevention and health promotion

    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, $798,445,000:  Provided, That funds appropriated under this 
account may be available for making grants under section 1509 of the 
PHS Act for not less than 21 States, tribes, or tribal organizations.

   birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, VII, XI, and XVII of the PHS Act 
with respect to birth defects, developmental disabilities, disabilities 
and health, $134,500,000.

                   public health scientific services

    For carrying out titles II and III of the PHS Act with respect to 
health statistics, surveillance, informatics, and workforce 
development, $143,972,000:  Provided, That in addition to amounts 
provided herein, $247,769,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out public health scientific 
services.

                          environmental health

    For carrying out titles II, III, VII, and XVII of the PHS Act with 
respect to environmental health, $114,667,000.

                     injury prevention and control

    For carrying out titles II, III, VII, and XVII of the PHS Act with 
respect to injury prevention and control, $137,693,000:  Provided, That 
funds appropriated under this heading may be used to fund evaluation, 
research, and pilot programs for sexual violence prevention programs.

                     occupational safety and health

    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, 
$181,864,000:  Provided, That in addition to amounts provided herein, 
$110,724,000 shall be available from amounts available under section 
241 of the PHS Act.

       energy employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000, to remain 
available until expended, of which $4,500,000 shall be for use by or in 
support of the Advisory Board on Radiation and Worker Health (referred 
to under this heading as the ``Board'') to carry out its statutory 
responsibilities, including obtaining audits, technical assistance, and 
other support from the Board's audit contractor with regard to 
radiation dose estimation and reconstruction efforts, site profiles, 
procedures, and review of Special Exposure Cohort petitions and 
evaluation reports:  Provided, That this amount shall be available 
consistent with the provision regarding administrative expenses in 
section 151(b) of division B, title I of Public Law 106-554.

                             global health

    For carrying out titles II, III, VII and XVII of the PHS Act with 
respect to global health, $362,594,000, of which $117,118,000 for 
international HIV/AIDS shall remain available through September 30, 
2014, and of which $10,000,000 shall remain available through September 
30, 2014, to support national public health institutes:  Provided, That 
funds may be used for purchase and insurance of official motor vehicles 
in foreign countries.

                public health preparedness and response

    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, $1,299,479,000, of which $503,792,000 shall remain 
available until expended for the Strategic National Stockpile under 
section 319F-2 of the PHS Act.

                cdc-wide activities and program support

    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'', 
``Energy Employees Occupational Illness Compensation Program'', 
``Global Health'', ``Public Health Preparedness and Response'', and 
``Public Health Scientific Services'', $593,193,000, of which 
$383,529,000 shall be available until September 30, 2014, for business 
services, of which $11,000,000 shall be available until September 30, 
2016, for acquisition of property, equipment, construction and 
renovation of facilities:  Provided, 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 CDC:  
Provided further, That funds appropriated under this heading and in all 
other accounts of CDC may be used to support the purchase, hire, 
maintenance, and operation of aircraft for use and support of the 
activities of CDC:  Provided further, That employees of CDC 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 HHS during the period of detail or assignment:  
Provided further, That CDC may use up to $10,000 from amounts 
appropriated to CDC in this Act for official reception and 
representation expenses when specifically approved by the Director of 
CDC:  Provided further, That in addition, such sums as may be derived 
from authorized user fees, which shall be credited to the appropriation 
charged with the cost thereof:  Provided further, That with respect to 
the previous proviso, authorized user fees from the Vessel Sanitation 
Program shall be available through September 30, 2014:  Provided 
further, That of the funds made available under this heading, up to 
$1,000 per eligible employee of CDC shall be made available until 
expended for Individual Learning Accounts.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $5,084,227,000, of which up to $8,000,000 may be 
used for facilities repairs and improvements at the National Cancer 
Institute--Frederick Federally Funded Research and Development Center 
in Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cardiovascular, lung, and blood diseases, and blood and 
blood products, $3,085,390,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with 
respect to dental and craniofacial diseases, $409,449,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to diabetes and digestive and kidney disease, $1,797,539,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with 
respect to neurological disorders and stroke, $1,629,631,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to allergy and infectious diseases, $4,508,932,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,387,112,000.

  eunice kennedy shriver national institute of child health and human 
                              development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,324,603,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $695,115,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $686,103,000.

                      national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $1,124,265,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$537,233,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $418,562,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $144,590,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $458,489,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,057,196,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $1,483,687,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $512,920,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with 
respect to biomedical imaging and bioengineering research, 
$337,917,000.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to complementary and alternative medicine, $128,318,000.

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with 
respect to minority health and health disparities research, 
$280,236,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the PHS Act), $69,969,000.

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $631,346,000:  Provided, That up to 
$40,000,000 shall be available to implement section 402C of the PHS 
Act, relating to the Cures Acceleration Network.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $373,781,000, of which 
$4,000,000 shall be available until September 30, 2014, for improvement 
of information systems:  Provided, That in fiscal year 2013, 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 
(referred to in this title as ``NIH''):  Provided further, That in 
addition to amounts provided herein, $8,200,000 shall be available from 
amounts available under section 241 of the PHS Act to carry out the 
purposes of the National Information Center on Health Services Research 
and Health Care Technology established under section 478A of the PHS 
Act and related health services.

                         office of the director

    For carrying out the responsibilities of the Office of the 
Director, NIH, $1,431,341,000, of which up to $25,000,000 shall be used 
to carry out section 213 of this Act:  Provided, That funding shall be 
available for the purchase of not to exceed 29 passenger motor vehicles 
for replacement only:  Provided further, That NIH is authorized to 
collect third-party payments for the cost of clinical services that are 
incurred in NIH research facilities and that such payments shall be 
credited to the NIH Management Fund:  Provided further, That all funds 
credited to the NIH Management Fund shall remain available for one 
fiscal year after the fiscal year in which they are deposited:  
Provided further, That up to $165,000,000 shall be available for 
continuation of the National Children's Study:  Provided further, That 
$544,930,000 shall be available for the Common Fund established under 
section 402A(c)(1) of the PHS Act:  Provided further, That of the funds 
provided $10,000 shall be for official reception and representation 
expenses when specifically approved by the Director of the NIH:  
Provided further, That the Office of AIDS Research within the Office of 
the Director of the NIH may spend up to $8,000,000 to make grants for 
construction or renovation of facilities as provided for in section 
2354(a)(5)(B) of the PHS Act.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by NIH, including the 
acquisition of real property, $125,308,000, to remain available until 
September 30, 2017.

       Substance Abuse and Mental Health Services Administration

                             mental health

    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, $947,458,000:  Provided, 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:  Provided further, That in addition to amounts provided 
herein, $21,039,000 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:  
Provided further, That section 520E(b)(2) of the PHS Act shall not 
apply to funds appropriated under this Act for fiscal year 2013:  
Provided further, That of the amount appropriated under this heading, 
$48,713,000 shall be for the National Child Traumatic Stress Initiative 
as described in section 582 of the PHS Act.

                        substance abuse treatment

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to substance abuse treatment and section 1922(a) of the PHS Act with 
respect to substance abuse prevention, $2,109,945,000:  Provided, That 
in addition to amounts provided herein, the following amounts shall be 
available under section 241 of the PHS Act: (1) $79,200,000 to carry 
out subpart II of part B of title XIX of the PHS Act to fund section 
1935(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1935(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart II of part B of title XIX; and (2) 
$2,000,000 to evaluate substance abuse treatment programs.

                       substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $184,433,000.

                health surveillance and program support

    For program support and cross-cutting activities that supplement 
activities funded under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out 
titles III, V, and XIX of the PHS Act and the Protection and Advocacy 
for Individuals with Mental Illness Act in the Substance Abuse and 
Mental Health Services Administration, $100,710,000:  Provided, That in 
addition to amounts provided herein, $27,428,000 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:  Provided further, That, in addition, fees may 
be collected for the costs associated with additional publications, 
data, data tabulations, and data analysis completed under title V of 
the PHS Act and provided to a public or private entity upon request, 
which shall be credited to this appropriation and shall remain 
available until expended for such purposes:  Provided further, That 
funds made available under this heading may be used to supplement 
program support funding provided under the headings ``Mental Health'', 
``Substance Abuse Treatment'', and ``Substance Abuse Prevention''.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    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, 
$364,053,000 shall be available from amounts available under section 
241 of the PHS Act, notwithstanding subsection 947(c) of such Act:  
Provided, That in addition, 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, 2014.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $178,791,197,000, to remain available until 
expended.
    For making, after May 31, 2013, payments to States under title XIX 
or in the case of section 1928 on behalf of States under title XIX of 
the Social Security Act for the last quarter of fiscal year 2013 for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2014, $106,335,631,000, to remain 
available until expended.
    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.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d)(3) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$251,718,000,000.
    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.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and 
other responsibilities of the Centers for Medicare and Medicaid 
Services, not to exceed $4,370,112,000, 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 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, 
2018:  Provided, That all funds derived in accordance with 31 U.S.C. 
9701 from organizations established under title XIII of the PHS Act 
shall be credited to and available for carrying out the purposes of 
this appropriation:  Provided further, That $11,150,000, to remain 
available through September 30, 2014, shall be for contract costs for 
the Healthcare Integrated General Ledger Accounting System:  Provided 
further, That the Secretary is directed to collect fees in fiscal year 
2013 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.

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $610,000,000, to remain available through 
September 30, 2014, 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 $409,697,693 shall be for the Centers for Medicare and 
Medicaid Services Program Integrity Activities, including 
administrative costs, to conduct oversight activities for the Medicare 
program, including but not limited to Medicare Advantage and the 
Medicare Prescription Drug Program authorized in title XVIII of the 
Social Security Act, and for activities described in section 1893 of 
such Act and for Medicaid and Children's Health Insurance Program 
integrity activities, of which $102,499,971 shall be for the Department 
of Health and Human Services Office of Inspector General to carry out 
fraud and abuse activities authorized by section 1817(k)(3) of such 
Act, and of which $97,802,336 shall be for the Department of Justice to 
carry out fraud and abuse activities authorized by section 1817(k)(3) 
of such Act:  Provided, That of the amount provided under this heading, 
$311,000,000 is provided to meet the terms of section 251(b)(2)(C)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, and $299,000,000 is additional new budget authority specified 
for purposes of section 251(b)(2)(C) of such Act:  Provided further, 
That the report required by section 1817(k)(5) of the Social Security 
Act for fiscal year 2013 shall include measures of the operational 
efficiency and impact on fraud, waste, and abuse in the Medicare, 
Medicaid, and CHIP programs for the funds provided by this 
appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960, $2,756,485,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2014, $1,100,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary:  Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.

                   low income home energy assistance

    For making payments under subsections (b), (d), and (e) of section 
2602 of the Low Income Home Energy Assistance Act of 1981, 
$3,471,672,000, of which $3,371,672,000 shall be for making payments 
under subsections (b) and (d) of such section; and of which 
$100,000,000 shall be for making payments under subsection (e) of such 
section, to be made notwithstanding the designation requirements of 
such subsection:  Provided, That all but $482,000,000 of the amount 
provided in this section for subsections (b) and (d) shall be allocated 
as though the total appropriation for such payments for fiscal year 
2013 was less than $1,975,000,000:  Provided further, That 
notwithstanding section 2609A(a), of the amounts appropriated under 
section 2602(b), not more than $3,000,000 of such amounts may be 
reserved by the Secretary for technical assistance, training, and 
monitoring of program activities for compliance with internal controls, 
policies and procedures.

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant 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, $805,358,000, of which up to $9,775,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000:  
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000 for fiscal year 2013 
shall be available for the costs of assistance provided and other 
activities to remain available through September 30, 2015.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990 (``CCDBG Act''), $2,438,313,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families:  Provided, That $19,396,000 shall be available for 
child care resource and referral and school-aged child care activities, 
of which $1,000,000 shall be available to the Secretary for a 
competitive grant for the operation of a national toll free referral 
line and Web site to develop and disseminate child care consumer 
education information for parents and help parents access child care in 
their local community:  Provided further, That, in addition to the 
amounts required to be reserved by the States under section 658G of the 
CCDBG Act, $290,698,000 shall be reserved by the States for activities 
authorized under section 658G, of which $106,611,000 shall be for 
activities that improve the quality of infant and toddler care:  
Provided further, That in addition to the amounts in the previous 
proviso, $90,000,000 shall be made available, using the allocation 
formula in section 658O of the CCDBG Act, for grants to each State, 
territory, and Indian tribe that submits a plan to be approved by the 
Secretary demonstrating how it will use these funds to enhance the 
skills, knowledge, credentials, and compensation of the child care 
workforce:  Provided further, That $9,871,000 shall be for use by the 
Secretary for child care research, demonstration, and evaluation 
activities.

                      social services block grant

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

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the 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 (``CSBG Act''), sections 439(i), 473B, and 477(i) of 
the Social Security Act, and the Assets for Independence Act; 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; and for the administration of 
prior year obligations made under the Developmental Disabilities 
Assistance and Bill of Rights Act and the Help America Vote Act of 
2002, $9,818,982,000, of which $39,346,000, to remain available through 
September 30, 2014, 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, 2013:  Provided, That $8,038,544,000 shall be for making payments 
under the Head Start Act:  Provided further, That of the amount in the 
previous proviso, $7,968,543,933 shall be available for payments under 
section 640 of the Head Start Act at the same level of such payments 
for fiscal year 2012:  Provided further, That of the remaining amount 
for making payments under the Head Start Act under this heading, 
notwithstanding any other provision of law, $25,000,000 shall be 
available for allocation by the Secretary to supplement activities 
described in paragraphs (7)(B) and (9) of section 641(c) of such Act 
under the Designation Renewal System, established under the authority 
of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act, and 
$45,000,000 shall be available for carrying out the cost of living 
adjustment described in section 640(a)(3)(A)(ii)(II)(aa) of such Act:  
Provided further, That amounts allocated to Head Start grantees at the 
discretion of the Secretary to supplement activities pursuant to the 
previous proviso shall not be included in calculation of the ``base 
grant'' in subsequent fiscal years, as such term is used in section 
640(a)(7)(A) of the Head Start Act:  Provided further, That 
$713,282,000 shall be for making payments under the CSBG Act:  Provided 
further, That $36,274,000 shall be for sections 680 and 678E(b)(2) of 
the CSBG Act, of which not less than $29,943,000 shall be for section 
680(a)(2) and not less than $5,981,000 shall be for section 
680(a)(3)(B) of such Act:  Provided further, That in addition to 
amounts provided herein, $5,762,000 shall be available from amounts 
available under section 241 of the PHS Act to carry out the provisions 
of section 1110 of the Social Security Act:  Provided further, That to 
the extent Community Services Block Grant funds are distributed as 
grant funds by a State to an eligible entity as provided under the CSBG 
Act, and have not been expended by such entity, they shall remain with 
such entity for carryover into the next fiscal year for expenditure by 
such entity consistent with program purposes:  Provided further, That 
the Secretary shall establish procedures regarding the disposition of 
intangible assets and program income that permit such assets acquired 
with, and program income derived from, grant funds authorized under 
section 680 of the CSBG Act to become the sole property of such 
grantees after a period of not more than 12 years after the end of the 
grant period for any activity consistent with section 680(a)(2)(A) of 
the CSBG Act:  Provided further, That intangible assets in the form of 
loans, equity investments and other debt instruments, and program 
income may be used by grantees for any eligible purpose consistent with 
section 680(a)(2)(A) of the CSBG Act:  Provided further, That these 
procedures shall apply to such grant funds made available after 
November 29, 1999:  Provided further, That funds appropriated for 
section 680(a)(2) of the CSBG Act shall be available for financing 
construction and rehabilitation and loans or investments in private 
business enterprises owned by community development corporations:  
Provided further, That to the extent funds provided in this Act for the 
Assets for Independence Act are distributed as grant funds to a 
qualified entity and have not been expended by such entity within three 
years after the date of award, such funds may be recaptured and 
reallocated among other qualified entities, to remain available to such 
other qualified entities for five years:  Provided further, That, 
notwithstanding section 414(e) of the Assets for Independence Act, the 
Secretary may award up to $1,000,000 to support evidence-based research 
to evaluate the demonstration project:  Provided further, That section 
303(a)(2)(A)(i) of the Family Violence Prevention and Services Act 
shall not apply to amounts provided herein:  Provided further, That 
$1,992,000 shall be for a human services case management system for 
federally declared disasters, to include a comprehensive national case 
management contract and Federal costs of administering the system:  
Provided further, That up to $2,000,000 shall be for improving the 
Public Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system's 
effectiveness.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$345,000,000 and in addition, for carrying out section 437 of such Act, 
$63,065,000.

                payments for foster care and permanency

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $4,810,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2014, $2,200,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E of 
the Social Security Act, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary.

                  Administration for Community Living

                 aging and disability services programs

                     (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (OAA), section 398 and title XXIX of the PHS Act, 
section 119 of the Medicare Improvements for Patients and Providers Act 
of 2008, title XX-B of the Social Security Act, the Developmental 
Disabilities Assistance and Bill of Rights Act, section 291 of the Help 
America Vote Act of 2002, for necessary administrative expenses to 
carry out section 393D of the PHS Act, and for Department-wide 
coordination of policy and program activities that assist individuals 
with disabilities, $1,655,990,000, together with $52,115,000 to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to carry out section 
4360 of the Omnibus Budget Reconciliation Act of 1990:  Provided, That 
amounts appropriated under this heading may be used for grants to 
States under section 361 of the OAA only for disease prevention and 
health promotion programs and activities which have been demonstrated 
through rigorous evaluation to be evidence-based and effective:  
Provided further, That, notwithstanding section 206(g) of the OAA, up 
to 1 percent of amounts appropriated to carry out programs authorized 
under title III of such Act shall be available for conducting 
evaluations, training and technical assistance:  Provided further, That 
none of the funds provided shall be used to carry out sections 1701 and 
1703 of the PHS Act (with respect to chronic disease self-management 
activity grants), 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:  Provided further, That the 
total amount available for fiscal year 2013 under this and any other 
Act to carry out activities related to Aging and Disability Resource 
Centers under subsections (a)(20)(B)(iii) and (b)(8) of section 202 of 
the OAA shall not exceed the amount obligated for such purposes for 
fiscal year 2010 from funds available under Public Law 111-117:  
Provided further, That notwithstanding any other provision of this Act, 
funds made available under this heading to carry out section 311 of the 
OAA may be transferred to the Secretary of Agriculture in accordance 
with such section.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of 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, $466,428,000, together 
with $69,211,000 from the amounts available under section 241 of the 
PHS Act to carry out national health or human services research and 
evaluation activities:  Provided, That of this amount, $53,681,000 
shall be for minority AIDS prevention and treatment activities:  
Provided further, That of the funds made available under this heading, 
$104,592,000 shall be for making competitive contracts and grants to 
public and private entities to fund medically accurate and age 
appropriate programs that reduce teen pregnancy and for the Federal 
costs associated with administering and evaluating such contracts and 
grants, of which not less than $75,000,000 shall be for replicating 
programs that have been proven effective through rigorous evaluation to 
reduce teenage pregnancy, behavioral risk factors underlying teenage 
pregnancy, or other associated risk factors, of which not less than 
$25,000,000 shall be available for research and demonstration grants to 
develop, replicate, refine, and test additional models and innovative 
strategies for preventing teenage pregnancy, and of which any remaining 
amounts shall be available for training and technical assistance, 
evaluation, outreach, and additional program support activities:  
Provided further, That of the amounts provided under this heading from 
amounts available under section 241 of the PHS Act, $8,455,000 shall be 
available to carry out evaluations (including longitudinal evaluations) 
of teenage pregnancy prevention approaches:  Provided further, That of 
the funds made available under this heading, $3,500,000 is for 
strengthening the Department's acquisition workforce capacity and 
capabilities:  Provided further, That with respect to the previous 
proviso, such funds shall be available for training, recruitment, 
retention and hiring members of the acquisition workforce as defined by 
the Office of Federal Procurement Policy Act, as amended, and for 
information technology in support of acquisition workforce 
effectiveness or for management solutions to improve acquisition 
management.

                office of medicare hearings and appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $79,908,000, to be 
transferred in appropriate part from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $16,415,000:  Provided, 
That in addition to amounts provided herein, $49,842,000 shall be 
available from amounts available under section 241 of the PHS Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$55,483,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228:  Provided further, 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.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$38,966,000.

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies, $588,220,000; of which $5,000,000 shall remain 
available until September 30, 2015, to support emergency operations and 
of which $20,000,000 shall remain available until expended for the 
purpose of funding a strategic investment corporation established to 
further the purposes of section 319L of the PHS Act to foster 
innovation in the development of medical countermeasures; and of which 
up to $5,000,000 shall remain available through September 30, 2015 to 
support the delivery of medical countermeasures.
    From funds transferred to this account pursuant to the fourth 
paragraph under this heading in Public Law 111-117, up to $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:  Provided, That funds provided under this heading for the 
purpose of acquisition of security countermeasures may be used and 
shall be in addition to any other funds available for such purpose:  
Provided further, That products purchased with funds provided under 
this heading may, at the discretion of the Secretary, be deposited in 
the Strategic National Stockpile pursuant to section 319F-2 of the PHS 
Act.
    In addition, for expenses necessary for replacement of building 
leases and associated renovation costs for Public Health Service 
agencies and other components of the Department of Health and Human 
Services, including relocation and fit-out costs, $17,000,000, to 
remain available until expended.

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 208.  Of the amounts made available in this Act for NIH, the 
amount for research related to the human immunodeficiency virus, as 
jointly determined by the Director of NIH and the Director of the 
Office of AIDS Research, shall be made available to the ``Office of 
AIDS Research'' account. The Director of the Office of AIDS Research 
shall transfer from such account amounts necessary to carry out section 
2353(d)(3) of the PHS Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the PHS Act unless the 
applicant for the award certifies to the Secretary that it encourages 
family participation in the decision of minors to seek family planning 
services and that it provides counseling to minors on how to resist 
attempts to coerce minors into engaging in sexual activities.
    Sec. 210.  Notwithstanding any other provision of law, no provider 
of services under title X of the PHS Act shall be exempt from any State 
law requiring notification or the reporting of child abuse, child 
molestation, sexual abuse, rape, or incest.
    Sec. 211.  None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary denies participation in 
such program to an otherwise eligible entity (including a Provider 
Sponsored Organization) because the entity informs the Secretary that 
it will not provide, pay for, provide coverage of, or provide referrals 
for abortions:  Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees):  Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.
    Sec. 212.  In order for HHS to carry out international health 
activities, including HIV/AIDS and other infectious disease, chronic 
and environmental disease, and other health activities abroad during 
fiscal year 2013:
            (1) The Secretary 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 
        shall consult with the Secretary of State and relevant Chief of 
        Mission to ensure that the authority provided in this section 
        is exercised in a manner consistent with section 207 of the 
        Foreign Service Act of 1980 and other applicable statutes 
        administered by the Department of State.
            (2) The Secretary 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 HHS. The Department of State shall 
        cooperate fully with the Secretary to ensure that HHS has 
        secure, safe, functional facilities that comply with applicable 
        regulation governing location, setback, and other facilities 
        requirements and serve the purposes established by this Act. 
        The Secretary is authorized, in consultation with the Secretary 
        of State, through grant or cooperative agreement, to make 
        available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
            (3) The Secretary is authorized to provide to personnel 
        appointed or assigned by the Secretary to serve abroad, 
        allowances and benefits similar to those provided under chapter 
        9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 
        4081 through 4086 and subject to such regulations prescribed by 
        the Secretary. The Secretary is further authorized to provide 
        locality-based comparability payments (stated as a percentage) 
        up to the amount of the locality-based comparability payment 
        (stated as a percentage) that would be payable to such 
        personnel under section 5304 of title 5, United States Code if 
        such personnel's official duty station were in the District of 
        Columbia. Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under subchapter I 
        of chapter 63 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving in the 
        Foreign Service.
    Sec. 213. (a) Authority.--Notwithstanding any other provision of 
law, the Director of NIH (``Director'') may use funds available under 
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into 
transactions (other than contracts, cooperative agreements, or grants) 
to carry out research identified pursuant to such section 402(b)(7) 
(pertaining to the Common Fund) or research and activities described in 
such section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 214.  Funds which are available for Individual Learning 
Accounts for employees of CDC and the Agency for Toxic Substances and 
Disease Registry (ATSDR) may be transferred to appropriate accounts of 
CDC, to be available only for Individual Learning Accounts:  Provided, 
That such funds may be used for any individual full-time equivalent 
employee while such employee is employed either by CDC or ATSDR.
    Sec. 215.  Notwithstanding any other provisions of law, 
discretionary funds made available in this Act may be used to continue 
operating the Council on Graduate Medical Education established by 
section 301 of Public Law 102-408.
    Sec. 216.  Not to exceed $45,000,000 of funds 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.

                          (transfer of funds)

    Sec. 217.  Of the amounts made available for NIH, 1 percent of the 
amount made available for National Research Service Awards (NRSA) shall 
be made available to the Administrator of the Health Resources and 
Services Administration to make NRSA awards for research in primary 
medical care to individuals affiliated with entities who have received 
grants or contracts under section 747 of the 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.
    Sec. 218. (a) The Secretary shall establish a publicly accessible 
Web site to provide information regarding the uses of funds made 
available under section 4002 of Public Law 111-148.
    (b) With respect to funds provided under section 4002 of PPACA, the 
Secretary shall include on the Web site established under subsection 
(a) at a minimum the following information:
            (1) In the case of each transfer of funds under section 
        4002(c), a statement indicating the program or activity 
        receiving funds, the operating division or office that will 
        administer the funds, and the planned uses of the funds, to be 
        posted not later than the day after the transfer is made.
            (2) Identification (along with a link to the full text) of 
        each funding opportunity announcement, request for proposals, 
        or other announcement or solicitation of proposals for grants, 
        cooperative agreements, or contracts intended to be awarded 
        using such funds, to be posted not later than the day after the 
        announcement or solicitation is issued.
            (3) Identification of each grant, cooperative agreement, or 
        contract with a value of $25,000 or more awarded using such 
        funds, including the purpose of the award and the identity of 
        the recipient, to be posted not later than 5 days after the 
        award is made.
            (4) A report detailing the uses of all funds transferred 
        under section 4002(c) during the fiscal year, to be posted not 
        later than 90 days after the end of the fiscal year.
    (c) With respect to awards made in fiscal years 2012 and 2013, the 
Secretary shall also include on the Web site established under 
subsection (a), semi-annual reports from each entity awarded a grant, 
cooperative agreement, or contract from such funds with a value of 
$25,000 or more, summarizing the activities undertaken and identifying 
any sub-grants or sub-contracts awarded (including the purpose of the 
award and the identity of the recipient), to be posted not later than 
30 days after the end of each 6-month period.
    (d) In carrying out this section, the Secretary shall:
            (1) present the information required in subsection (b)(1) 
        on a single webpage or on a single database;
            (2) ensure that all information required in this section is 
        directly accessible from the single webpage or database; and
            (3) ensure that all information required in this section is 
        able to be organized by program or State.

                    (including rescission of funds)

    Sec. 219. (a) A state shall be entitled to receive a grant under 
section 510 of the Social Security Act for fiscal year 2013 only if the 
Department of Health and Human Services receives an application under 
section 505(a) of such Act for such fiscal year by no later than 
September 20, 2013.
    (b) Rescission.--The remaining unobligated balances of the amount 
appropriated for fiscal year 2013 by section 510(d) of such Act for 
which no application has been received by September 20, 2013, shall be 
rescinded as of September 27, 2013.
    Sec. 220. (a) Within 45 days of enactment of this Act, the 
Secretary shall transfer funds appropriated under section 4002 of the 
Patient Protection and Affordable Care Act of 2010 to the accounts 
specified, in the amounts specified, and for the activities specified 
under the heading ``Prevention and Public Health Fund'' in the 
committee report of the Senate accompanying this Act.
    (b) Notwithstanding section 4002(c) of the Patient Protection and 
Affordable Care Act of 2010, the Secretary may not further transfer 
these amounts.
    (c) Funds transferred for activities authorized under section 2821 
of the PHS Act shall be made available without reference to section 
2821(b) of such Act.
    Sec. 221.  The Director of the CDC, or the Administrator of the 
Agency for Toxic Substances and Disease Registry, may detail staff 
without reimbursement for up to 180 days, to support the CDC response 
to a public health emergency or urgent public health event that 
involves activation of the Emergency Operations Center at the CDC.
    Sec. 222. (a) The Secretary shall publish in the fiscal year 2014 
budget justification and on Departmental Web sites information 
concerning the employment of full-time equivalent Federal employees or 
contractors for the purposes of implementing, administering, enforcing, 
or otherwise carrying out the provisions of the PPACA, and the 
amendments made by that Act, in the proposed fiscal year and the 3 
prior fiscal years.
    (b) With respect to employees or contractors supported by all funds 
appropriated for purposes of carrying out the PPACA (and the amendments 
made by that Act), the Secretary shall include, at a minimum, the 
following information:
            (1) For each such fiscal year, the section of such Act 
        under which such funds were appropriated, a statement 
        indicating the program, project, or activity receiving such 
        funds, the Federal operating division or office that 
        administers such program, and the amount of funding received in 
        discretionary or mandatory appropriations.
            (2) For each such fiscal year, the number of full-time 
        equivalent employees or contracted employees assigned to each 
        authorized and funded provision detailed in accordance with 
        paragraph (1).
    (c) In carrying out this section, the Secretary may exclude from 
the report employees or contractors who:
            (1) Are supported through appropriations enacted in laws 
        other than PPACA and work on programs that existed prior to the 
        passage of PPACA;
            (2) spend less than 50 percent of their time on activities 
        funded by or newly authorized in PPACA;
            (3) or who work on contracts for which FTE reporting is not 
        a requirement of their contract, such as fixed-price contracts.
    Sec. 223.  Not later than 7 days after the date of the enactment of 
this Act, the Secretary of Health and Human Services shall respond in 
full to the following congressional inquiries:
            (1) The letter dated February 28, 2012, from the Chairman 
        and Ranking Member of the Subcommittee on Contracting Oversight 
        of the Committee on Homeland Security and Governmental Affairs 
        of the Senate, requesting certain information regarding 
        Department of Health and Human Services contracts for the 
        acquisition of public relations, publicity, advertising, 
        communications, or similar services.
            (2) The follow-up letter dated May 22, 2012, from the 
        Ranking Member of the Subcommittee on Contracting Oversight of 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate, requesting information regarding a reported 
        $20,000,000 Department of Health and Human Services contract 
        with a public relations firm.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2013''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of 
the Higher Education Act of 1965 (referred to in this Act as ``HEA''), 
$15,840,103,000, of which $4,908,013,000 shall become available on July 
1, 2013, and shall remain available through September 30, 2014, and of 
which $10,841,177,000 shall become available on October 1, 2013, and 
shall remain available through September 30, 2014, for academic year 
2013-2014:  Provided, That $6,577,904,000 shall be for basic grants 
under section 1124 of the ESEA:  Provided further, That up to 
$3,984,000 of these funds shall be available to the Secretary of 
Education (referred to in this title as ``Secretary'') on October 1, 
2012, to obtain annually updated local educational agency-level census 
poverty data from the Bureau of the Census:  Provided further, That 
$1,362,301,000 shall be for concentration grants under section 1124A of 
the ESEA:  Provided further, That $3,338,126,000 shall be for targeted 
grants under section 1125 of the ESEA:  Provided further, That 
$3,338,126,000 shall be for education finance incentive grants under 
section 1125A of the ESEA:  Provided further, That funds available 
under sections 1124, 1124A, 1125 and 1125A of the ESEA may be used to 
provide homeless children and youths with services not ordinarily 
provided to other students under those sections, including supporting 
the liaison designated pursuant to section 722(g)(1)(J)(ii) of the 
McKinney-Vento Homeless Assistance Act, and providing transportation 
pursuant to section 722(g)(1)(J)(iii) of such Act:  Provided further, 
That $1,594,000 shall be to carry out sections 1501 and 1503 of the 
ESEA:  Provided further, That $533,552,000 shall be available for 
school improvement grants under section 1003(g) of the ESEA, which 
shall be allocated by the Secretary through the formula described in 
section 1003(g)(2) and shall be used consistent with the requirements 
of section 1003(g), except that State and local educational agencies 
may use such funds to serve any school eligible to receive assistance 
under part A of title I that has not made adequate yearly progress for 
at least 2 years or is in the State's lowest quintile of performance 
based on proficiency rates and, in the case of secondary schools, 
priority shall be given to those schools with graduation rates below 60 
percent:  Provided further, That funds available for school improvement 
grants may be used by a local educational agency to implement a whole-
school reform strategy for a school using an evidence-based strategy 
that ensures whole-school reform is undertaken in partnership with a 
strategy developer offering a whole-school reform program that is based 
on at least a moderate level of evidence that the program will have a 
statistically significant effect on student outcomes, including more 
than 1 well-designed or well-implemented experimental or quasi-
experimental study:  Provided further, That notwithstanding section 
1003(g)(5)(A), each State educational agency may establish a maximum 
subgrant size of not more than $2,000,000 for each participating school 
applicable to such funds:  Provided further, That the Secretary may 
reserve up to 5 percent of the funds available for section 1003(g) of 
the ESEA to carry out activities to build State and local educational 
agency capacity to implement effectively the school improvement grants 
program:  Provided further, That $159,698,000 shall be available under 
section 1502 of the ESEA for a comprehensive literacy development and 
education program to advance literacy skills, including pre-literacy 
skills, reading, and writing, for students from birth through grade 12, 
including limited-English-proficient students and students with 
disabilities, of which one-half of 1 percent shall be reserved for the 
Secretary of the Interior for such a program at schools funded by the 
Bureau of Indian Education, one-half of 1 percent shall be reserved for 
grants to the outlying areas for such a program, up to 5 percent may be 
reserved for national activities, and the remainder shall be used to 
award competitive grants to State educational agencies for such a 
program, of which a State educational agency may reserve up to 5 
percent for State leadership activities, including technical assistance 
and training, data collection, reporting, and administration, and shall 
subgrant not less than 95 percent to local educational agencies or, in 
the case of early literacy, to local educational agencies or other 
nonprofit providers of early childhood education that partner with a 
public or private nonprofit organization or agency with a demonstrated 
record of effectiveness in improving the early literacy development of 
children from birth through kindergarten entry and in providing 
professional development in early literacy, giving priority to such 
agencies or other entities serving greater numbers or percentages of 
disadvantaged children:  Provided further, That the State educational 
agency shall ensure that at least 15 percent of the subgranted funds 
are used to serve children from birth through age 5, 40 percent are 
used to serve students in kindergarten through grade 5, and 40 percent 
are used to serve students in middle and high school including an 
equitable distribution of funds between middle and high schools:  
Provided further, That eligible entities receiving subgrants from State 
educational agencies shall use such funds for services and activities 
that have the characteristics of effective literacy instruction through 
professional development, screening and assessment, targeted 
interventions for students reading below grade level and other 
research-based methods of improving classroom instruction and practice.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the ESEA, $1,291,186,000, 
of which $1,153,540,000 shall be for basic support payments under 
section 8003(b), $48,413,000 shall be for payments for children with 
disabilities under section 8003(d), $17,441,000 shall be for 
construction under section 8007(a), $66,947,000 shall be for Federal 
property payments under section 8002, and $4,845,000, to remain 
available until expended, shall be for facilities maintenance under 
section 8008:  Provided, That for purposes of computing the amount of a 
payment for an eligible local educational agency under section 8003(a) 
for school year 2012-2013, 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.

                      School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A and B of title II, part B of title IV, parts A and B of title VI, and 
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless 
Assistance Act; section 203 of the Educational Technical Assistance Act 
of 2002; the Compact of Free Association Amendments Act of 2003; and 
the Civil Rights Act of 1964, $4,544,596,000, of which $2,720,095,000 
shall become available on July 1, 2013, and remain available through 
September 30, 2014, and of which $1,681,441,000 shall become available 
on October 1, 2013, and shall remain available through September 30, 
2014, for academic year 2013-2014:  Provided, That funds made available 
to carry out part B of title VII of the ESEA may be used for 
construction, renovation, and modernization of any elementary school, 
secondary school, or structure related to an elementary school or 
secondary school, run by the Department of Education of the State of 
Hawaii, that serves a predominantly Native Hawaiian student body:  
Provided further, That funds made available to carry out part C of 
title VII of the ESEA shall be awarded on a competitive basis, and also 
may be used for construction:  Provided further, That $51,113,000 shall 
be available to carry out section 203 of the Educational Technical 
Assistance Act of 2002:  Provided further, That $17,619,000 shall be 
available to carry out the Supplemental Education Grants program for 
the Federated States of Micronesia and the Republic of the Marshall 
Islands:  Provided further, That up to 5 percent of the amount referred 
to in the previous proviso may be reserved by the Federated States of 
Micronesia and the Republic of the Marshall Islands to administer the 
Supplemental Education Grants programs and to obtain technical 
assistance, oversight and consultancy services in the administration of 
these grants and to reimburse the United States Departments of Labor, 
Health and Human Services, and Education for such services:  Provided 
further, That State educational agencies may subgrant funds available 
under part B of title IV of the ESEA for expanded learning time 
programs that significantly increase the number of hours in a regular 
school schedule and comprehensively redesign the school schedule for 
all students in the school:  Provided further, That such expanded 
learning time programs shall provide additional learning time in the 
core academic and other subjects, and include enrichment activities:  
Provided further, That programs awarded subgrants under such part shall 
include strong partnerships between schools and community partners:  
Provided further, That up to 5.5 percent of the funds for subpart 1 of 
part A of title II of the ESEA shall be reserved by the Secretary for 
competitive awards for teacher or principal recruitment and training or 
professional enhancement activities to national not-for-profit 
organizations, of which up to 10 percent may be used for related 
research, development, evaluation, technical assistance, and outreach 
activities:  Provided further, That $149,716,000 shall be to carry out 
part B of title II of the ESEA.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the ESEA, $130,779,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V of the ESEA, and sections 14006 and 14007 of division A of the 
American Recovery and Reinvestment Act of 2009, as amended, 
$1,545,966,000:  Provided, That the Secretary may use up to 
$549,284,000, which shall remain available for obligation through 
December 31, 2013, for section 14006 of division A of Public Law 111-5, 
as amended, to make awards (including on the basis of previously 
submitted applications) to State educational agencies, local 
educational agencies, or consortia of either, in accordance with the 
applicable requirements of that section, as determined by the 
Secretary, and may use up to 5 percent of such funds for technical 
assistance and evaluation of the activities carried out under that 
section:  Provided further, That the Secretary shall administer State 
grants for improving early childhood care and education under such 
section jointly with the Secretary of HHS on such terms as such 
Secretaries set forth in an interagency agreement:  Provided further, 
That up to $149,417,000 shall be available for obligation through 
December 31, 2013 for section 14007 of division A of Public Law 111-5, 
and up to 5 percent of such funds may be used for technical assistance 
and the evaluation of activities carried out under such section:  
Provided further, That of the amounts available for section 14007 up to 
30 percent shall remain available until expended for the Advanced 
Research Projects Agency-Education (ARPA-ED), which shall be 
established within the Department, with a director appointed by the 
Secretary, to identify and promote advances in fundamental and applied 
sciences and engineering that could be translated into new learning 
technologies, to develop, test, and evaluate novel learning 
technologies and related processes, and to accelerate transformational 
technological advances:  Provided further, That the Secretary may use 
such funds to award grants, contracts, cooperative agreements, and cash 
prizes, and to enter into other transactions (in accordance with such 
regulations as the Secretary may establish regarding such other 
transactions):  Provided further, That the Secretary may appoint up to 
20 scientific, engineering, professional, and other mission-related 
personnel to positions in ARPA-ED, for up to four years, without regard 
to the provisions of 5 U.S.C., governing appointments in the 
competitive service:  Provided further, That the personnel appointed 
under the preceding proviso shall be paid at the rates of compensation 
determined by the Secretary:  Provided further, That $299,433,000 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:  Provided further, That such performance-based 
compensation systems must consider gains in student academic 
achievement as well as classroom evaluations conducted multiple times 
during each school year among other factors and provide educators with 
incentives to take on additional responsibilities and leadership roles: 
 Provided further, That recipients of such grants shall demonstrate 
that such performance-based compensation systems are developed with the 
input of teachers and school leaders in the schools and local 
educational agencies to be served by the grant:  Provided further, That 
recipients of such grants may use such funds to develop or improve 
systems and tools (which may be developed and used for the entire local 
educational agency or only for schools served under the grant) that 
would enhance the quality and success of the compensation system, such 
as high-quality teacher evaluations and tools to measure growth in 
student achievement:  Provided further, That applications for such 
grants shall include a plan to sustain financially the activities 
conducted and systems developed under the grant once the grant period 
has expired:  Provided further, That up to 5 percent of such funds for 
competitive grants shall be available for technical assistance, 
training, peer review of applications, program outreach, and evaluation 
activities:  Provided further, That of the funds available for part B 
of title V of the ESEA, the Secretary may use up to $11,000,000 to 
carry out activities under section 5205(b) and shall use not less than 
$11,000,000 for subpart 2:  Provided further, That of the funds 
available for subpart 1 of part B of title V of the ESEA, and 
notwithstanding section 5205(a), the Secretary shall reserve not less 
than $30,000,000 to make multiple awards to non-profit charter 
management organizations and other entities that are not for-profit 
entities for the replication and expansion of successful charter school 
models and shall reserve up to $11,000,000 to carry out the activities 
described in section 5205(a), including improving quality and oversight 
of charter schools and providing technical assistance and grants to 
authorized public chartering agencies in order to increase the number 
of high-performing charter schools:  Provided further, That each 
application submitted 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:  Provided further, That each application submitted 
pursuant to section 5203(a) shall contain assurances that State law, 
regulations, or other policies require that: (1) each authorized 
charter school in the State operate under a legally binding charter or 
performance contract between itself and the school's authorized public 
chartering agency that describes the obligations and responsibilities 
of the school and the public chartering agency; conduct annual, timely, 
and independent audits of the school's financial statements that are 
filed with the school's authorized public chartering agency; and 
demonstrate improved student academic achievement; and (2) authorized 
public chartering agencies use increases in student academic 
achievement for all groups of students described in section 
1111(b)(2)(C)(v) of the ESEA as the most important factor when 
determining to renew or revoke a school's charter.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by part A of title IV and 
subparts 1, 2, and 10 of part D of title V of the ESEA, $259,589,000:  
Provided, That $48,600,000 shall be available for subpart 2 of part A 
of title IV:  Provided further, That $80,000,000 shall be available for 
Promise Neighborhoods and shall be available through December 31, 2013.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $732,144,000, 
which shall become available on July 1, 2013, and shall remain 
available through September 30, 2014, except that 6.5 percent of such 
amount shall be available on October 1, 2012, and shall remain 
available through September 30, 2014, to carry out activities under 
section 3111(c)(1)(C):  Provided, That the Secretary shall use 
estimates of the American Community Survey child counts for the most 
recent 3-year period available to calculate allocations under such 
part.

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004, 
$12,770,709,000, of which $3,229,828,000 shall become available on July 
1, 2013, and shall remain available through September 30, 2014, and of 
which $9,283,383,000 shall become available on October 1, 2013, and 
shall remain available through September 30, 2014, for academic year 
2013-2014:  Provided, 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 2012, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2012:  Provided 
further, That the Secretary shall, without regard to section 611(d) of 
the IDEA, distribute to all other States (as that term is defined in 
section 611(g)(2)), subject to the third proviso, any amount by which a 
State's allocation under section 611(d), from funds appropriated under 
this heading, is reduced under section 612(a)(18)(B), according to the 
following: 85 percent on the basis of the States' relative populations 
of children aged 3 through 21 who are of the same age as children with 
disabilities for whom the State ensures the availability of a free 
appropriate public education under this part, and 15 percent to States 
on the basis of the States' relative populations of those children who 
are living in poverty:  Provided further, That the Secretary may not 
distribute any funds under the previous proviso to any State whose 
reduction in allocation from funds appropriated under this heading made 
funds available for such a distribution:  Provided further, That the 
States shall allocate such funds distributed under the second proviso 
to local educational agencies in accordance with section 611(f):  
Provided further, That the amount by which a State's allocation under 
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and 
the amounts distributed to States under the previous provisos in fiscal 
year 2012 or any subsequent year shall not be considered in calculating 
the awards under section 611(d) for fiscal year 2013 or for any 
subsequent fiscal years:  Provided further, That the funds reserved 
under 611(c) of the IDEA may be used to provide technical assistance to 
States to improve the capacity of the States to meet the data 
collection requirements of sections 616 and 618 and to administer and 
carry out other services and activities to improve data collection, 
coordination, quality, and use under parts B and C of the IDEA:  
Provided further, That the level of effort a local educational agency 
must meet under section 613(a)(2)(A)(iii) of the IDEA, in the year 
after it fails to maintain effort is the level of effort it should have 
met in the prior year:  Provided further, That the Secretary may, 
notwithstanding section 643(e)(1) of the IDEA, reserve up to $2,710,000 
of the amount provided under section 644 for incentive grants to States 
to carry out section 635(c):  Provided further, That funds made 
available for the Special Olympics Sport and Empowerment Act of 2004 
may be used to support expenses associated with the Special Olympics 
National and World Games:  Provided further, That $11,996,000, to 
remain available for obligation through September 30, 2014, shall be 
for competitive grants to States, incentive payments, and related 
activities as may be necessary to improve the provision and 
coordination of services and supports for Supplemental Security Income 
(SSI) child recipients and their families or households in order to 
achieve improved outcomes, including both physical and emotional 
health, education and post-school outcomes, such as completing 
postsecondary education and job training and obtaining employment, that 
may result in long-term improvements in the SSI child recipient's 
economic self-sufficiency:  Provided further, That States may award 
subgrants for a portion of the funds to other public and private, non-
profit entities: Provided further, That not to exceed $5,000,000 of 
amounts provided in the ninth proviso may be used for performance-based 
awards for Pay for Success projects:  Provided further, That, with 
respect to the previous proviso, any funds obligated for such projects 
shall remain available for disbursement until expended, notwithstanding 
31 U.S.C. 1552(a):  Provided further, That, with respect to the 
eleventh proviso, any deobligated funds from such projects shall 
immediately be available for section 611 of the IDEA.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,626,380,000:  Provided, That 
the Secretary may use amounts provided in this Act that remain 
available subsequent to the reallotment of funds to States pursuant to 
section 110(b) of the Rehabilitation Act for activities aimed at 
improving the outcomes of children receiving Supplemental Security 
Income (SSI) and their families that may result in long-term 
improvement in the SSI child recipient's economic status and self-
sufficiency:  Provided further, That States may award subgrants for a 
portion of the funds to other public and private, non-profit entities:  
Provided further, That any funds made available subsequent to 
reallotment for activities aimed at improving the outcomes of children 
receiving SSI and their families shall remain available until September 
30, 2014:  Provided further, That not to exceed $20,000,000 of the 
amounts made available in the first proviso may be used for 
performance-based awards for Pay for Success projects:  Provided 
further, That, with respect to the previous proviso, any funds 
obligated for such projects shall remain available for disbursement 
until expended, notwithstanding 31 U.S.C. 1552(a):  Provided further, 
That, with respect to the fifth proviso, any deobligated funds from 
such projects shall immediately be available for programs authorized 
under the Rehabilitation Act of 1973.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $24,505,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $65,422,000:  
Provided, That from the total amount available, the Institute may at 
its discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $125,000,000, of which $7,000,000 shall be for construction and 
shall remain available until expended:  Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006 and the Adult 
Education and Family Literacy Act (referred to in this Act as the 
``AEFLA''), $1,737,154,000, of which $946,154,000 shall become 
available on July 1, 2013, and shall remain available through September 
30, 2014, and of which $791,000,000 shall become available on October 
1, 2013, and shall remain available through September 30, 2014:  
Provided, That of the amount provided for Adult Education State Grants, 
$74,709,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited-English-
proficient populations:  Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the AEFLA, 65 percent shall be allocated to States based 
on a State's absolute need as determined by calculating each State's 
share of a 10-year average of the United States Citizenship and 
Immigration Services data for immigrants admitted for legal permanent 
residence for the 10 most recent years, and 35 percent allocated to 
States that experienced growth as measured by the average of the 3 most 
recent years for which United States Citizenship and Immigration 
Services data for immigrants admitted for legal permanent residence are 
available, except that no State shall be allocated an amount less than 
$60,000:  Provided further, That of the amounts made available for 
AEFLA, $11,302,000 shall be for national leadership activities under 
section 243.

                      Student Financial Assistance

    For carrying out subparts 1 and 3 of part A, and part C of title IV 
of the HEA, $24,535,281,000, which shall remain available through 
September 30, 2014.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2013-2014 shall be $4,860.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, and 9 of part A, and parts B, C, D, and E of title 
IV of the HEA, $1,126,363,000, to remain available until September 30, 
2014.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and 
Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins 
Career and Technical Education Act of 2006, $1,911,348,000:  Provided, 
That $607,000 shall be for data collection and evaluation activities 
for programs under the HEA, including such activities needed to comply 
with the Government Performance and Results Act of 1993:  Provided 
further, That notwithstanding any other provision of law, funds made 
available in this Act to carry out title VI of the HEA and section 
102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 
may be used to support visits and study in foreign countries by 
individuals who are participating in advanced foreign language training 
and international studies in areas that are vital to United States 
national security and who plan to apply their language skills and 
knowledge of these countries in the fields of government, the 
professions, or international development:  Provided further, That of 
the funds referred to in the preceding proviso up to 1 percent may be 
used for program evaluation, national outreach, and information 
dissemination activities:  Provided further, That, of the amount 
available under subpart 2 of part A of title VII of the HEA, the 
Secretary may use up to $4,451,000 to fund continuation awards for 
projects originally supported under subpart 1 of part A of title VII of 
the HEA:  Provided further, That the Secretary may use amounts provided 
in this Act for carrying out Titles III and V and funds provided under 
Part F of Title III and Part AA of Title VIII of the HEA that would 
otherwise lapse by September 30, 2013 for grants under Part B of Title 
VII of the HEA to improve college completion at minority-serving 
institutions.

                           Howard University

    For partial support of Howard University, $234,064,000, 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.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the HEA, 
$459,000.

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $20,150,000, as authorized 
pursuant to part D of title III of the HEA, which shall remain 
available through September 30, 2014:  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $320,350,000:  
Provided further, That these funds may be used to support loans to 
public and private Historically Black Colleges and Universities without 
regard to the limitations within section 344(a) of the HEA.
    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, $352,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $618,661,000, which shall remain available through 
September 30, 2014:  Provided, That funds available to carry out 
section 208 of the Educational Technical Assistance Act may be used to 
link Statewide elementary and secondary data systems with early 
childhood, postsecondary, and workforce data systems, or to further 
develop such systems:  Provided further, That up to $20,000,000 of the 
funds available to carry out section 208 of the Educational Technical 
Assistance Act may be used for awards to public or private 
organizations or agencies to support activities to improve data 
coordination, quality, and use at the local, State, and national 
levels.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $448,470,000, of which $2,211,000, to remain 
available until expended, shall be for relocation of, and renovation of 
buildings occupied by, Department staff.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $102,624,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $59,820,000.

                           General Provisions

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

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer:  Provided, That the transfer authority granted by this 
section shall not be used to create any new program or to fund any 
project or activity for which no funds are provided in this Act:  
Provided further, That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of any transfer.
    Sec. 305.  The Outlying Areas may consolidate funds received under 
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the 
ESEA.
    Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 
be applied by substituting ``2013'' for ``2009''.
    Sec. 307. (a) Section 206 of the Department of Education 
Organization Act (20 U.S.C. 3416) is amended--
            (1) by striking out the heading and inserting ``Office of 
        Career, Technical, and Adult Education'';
            (2) by striking out ``Office of Vocational and Adult 
        Education'' and inserting ``Office of Career, Technical, and 
        Adult Education'';
            (3) by striking out ``Assistant Secretary for Vocational 
        and Adult Education'' and inserting ``Assistant Secretary for 
        Career, Technical, and Adult Education''; and
            (4) by striking out ``vocational and adult education'' each 
        place it appears and inserting ``career, technical, and adult 
        education''.
    (b) Section 202 of the Department of Education Organization Act (20 
U.S.C. 3412) is amended--
            (1) in subsection (b)(1)(C), by striking out ``Assistant 
        Secretary for Vocational and Adult Education'' and inserting 
        ``Assistant Secretary for Career, Technical, and Adult 
        Education''; and
            (2) in subsection (h), by striking out ``Assistant 
        Secretary for Vocational and Adult Education'' each place it 
        appears and inserting ``Assistant Secretary for Career, 
        Technical, and Adult Education''.
    (c) Section 1 of the Department of Education Organization Act (20 
U.S.C. 3401 note) is amended by striking out the entry for section 206 
and inserting ``Sec. 206. Office of Career, Technical, and Adult 
Education.''.
    (d) Section 114(b)(1) of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2324(b)(1)) is amended by striking out 
``Office of Vocational and Adult Education'' and inserting ``Office of 
Career, Technical, and Adult Education''.
    Sec. 308. (a) The Secretary may reserve funds under section 9601 of 
the ESEA in order to carry out activities authorized under that section 
with respect to any ESEA program funded in this Act and without respect 
to the source of funds for those activities.
    (b) Not later than 10 days prior to the initial obligation of funds 
reserved under this section, the Secretary shall submit an evaluation 
plan to the Senate Committees on Appropriations and Health, Education, 
Labor and Pensions which identifies the source and amount of funds 
reserved under this section and the programs to be evaluated with such 
funds.
    Sec. 309. (a) Section 119 of the Higher Education Opportunity Act 
is amended--
            (1) in the section heading, by inserting ``and restrictions 
        on sources of funds for recruiting and marketing activities'' 
        after ``and restrictions on sources of funds for recruiting and 
        marketing activities'';
            (2) in subsection (d), by striking ``subsections (a) 
        through (c)'' and inserting ``subsections (a), (b), (c), and 
        (e)'';
            (3) by redesignating subsection (e) as subsection (f); and
            (4) by inserting after subsection (d) the following:
    ``(e) Restrictions on Sources of Funds for Recruiting and Marketing 
Activities.--
            ``(1) In general.--An institution of higher education, or 
        other postsecondary educational institution, may not use 
        revenues derived from Federal educational assistance funds for 
        recruiting or marketing activities described in paragraph (2).
            ``(2) Covered activities.--Except as provided in paragraph 
        (3), the recruiting and marketing activities subject to 
        paragraph (1) shall include the following:
                    ``(A) Advertising and promotion activities, 
                including paid announcements in newspapers, magazines, 
                radio, television, billboards, electronic media, naming 
                rights, or any other public medium of communication, 
                including paying for displays or promotions at job 
                fairs, military installations, or college recruiting 
                events.
                    ``(B) Efforts to identify and attract prospective 
                students, either directly or through a contractor or 
                other third party, including contact concerning a 
                prospective student's potential enrollment or 
                application for grant, loan, or work assistance under 
                title IV of the Higher Education Act of 1965 (20 U.S.C. 
                1070 et seq.) or participation in preadmission or 
                advising activities, including--
                            ``(i) paying employees responsible for 
                        overseeing enrollment and for contacting 
                        potential students in-person, by phone, by 
                        email, or by other internet communications 
                        regarding enrollment; and
                            ``(ii) soliciting an individual to provide 
                        contact information to an institution of higher 
                        education, including websites established for 
                        such purpose and funds paid to third parties 
                        for such purpose.
                    ``(C) Such other activities as the Secretary of 
                Education may prescribe, including paying for promotion 
                or sponsorship of education or military-related 
                associations.
            ``(3) Exceptions.--Any activity that is required as a 
        condition of receipt of funds by an institution under title IV 
        of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
        is specifically authorized under such title, or is otherwise 
        specified by the Secretary of Education, shall not be 
        considered to be a covered activity under paragraph (2).
            ``(4) Federal educational assistance funds.--In this 
        subsection, the term `Federal educational assistance funds' 
        means any Federal financial assistance provided under any 
        Federal law, through a grant, contract, subsidy, loan, 
        guarantee, insurance or other means, including Federal 
        financial assistance that is disbursed or delivered to an 
        institution on behalf of a student or to a student to be used 
        to attend the institution.
            ``(5) Rule of construction.--Nothing in this section shall 
        be construed as a limitation on the use by an institution of 
        revenues derived from sources other than Federal educational 
        assistance funds.
            ``(6) Reporting.--Each institution of higher education, or 
        other postsecondary educational institution, that receives 
        revenues derived from Federal educational assistance funds 
        shall report annually to the Secretary of Education and to 
        Congress the institution's expenditures on advertising, 
        marketing, and recruiting.''.
    Sec. 310. (a) Cost of Attendance.--Section 472 of the HEA (20 
U.S.C. 1087ll) is amended--
            (1) in paragraph (3), in the matter preceding subparagraph 
        (A), by inserting ``except as provided in paragraph 
        (10)(A)(i),'' immediately before ``an allowance''; and
            (2) by amending paragraph (10) to read as follows:
            ``(10)(A) with respect to the determination of a student's 
        need for a Federal Pell Grant, in the case of a student who is 
        receiving--
                    ``(i) all instruction (excluding limited periods in 
                which the student is required to be physically present 
                at the institution for noninstructional purposes, such 
                as orientation or the administration of examinations) 
                by means of telecommunications technology, only tuition 
                and fees, books and supplies; or
                    ``(ii) part of the student's instruction by means 
                of telecommunications technology, no distinction shall 
                be made with respect to the mode of instruction in 
                determining costs; and
            ``(B) with respect to the determination of a student's need 
        for assistance under this title other than a Federal Pell 
        Grant, in the case of a student who is receiving all or part of 
        the student's instruction by means of telecommunications 
        technology, no distinction shall be made with respect to the 
        mode of instruction in determining costs;''.
            (3) Effective date.--The amendments made by this subsection 
        shall be effective on July 1, 2013.
    (b) Section 428F(a)(1) of the HEA (20 U.S.C. 1078-6(a)(1)) is 
amended--
            (1) in subparagraph (A), by amending clause (ii) to read as 
        follows:
                            ``(ii) on or after October 1, 2012, assign 
                        the loan to the Secretary if the guaranty 
                        agency has been unable to sell the loan under 
                        clause (i).''; and
            (2) in subparagraph (D), by amending clause (i) to read as 
        follows:
                            ``(i) the guaranty agency--
                                    ``(I) shall, in the case of a sale 
                                made on or after October 1, 2012, repay 
                                the Secretary 100 percent of the amount 
                                of the principal balance outstanding at 
                                the time of such sale, multiplied by 
                                the reinsurance percentage in effect 
                                when payment under the guaranty 
                                agreement was made with respect to the 
                                loan; and
                                    ``(II) may, in the case of a sale 
                                made on or after October 1, 2012, in 
                                order to defray collection costs--
                                            ``(aa) charge to the 
                                        borrower an amount not to 
                                        exceed 16 percent of the 
                                        outstanding principal and 
                                        interest at the time of the 
                                        loan sale; and
                                            ``(bb) retain such amount 
                                        from the proceeds of the loan 
                                        sale; and''.
    (c) Section 455 of the HEA (20 U.S.C. 1087e) is amended by adding 
at the end the following--
    ``(q) Eligibility for, and Interest Charges on, Federal Direct 
Stafford Loans for New Borrowers on or After July 1, 2013.--
            ``(1) In general.--Notwithstanding subsection (a) or any 
        other provision of this title, any borrower who was a new 
        borrower on or after July 1, 2013, shall not be eligible for a 
        Federal Direct Stafford Loan if the period of time for which 
        the borrower has received Federal Direct Stafford loans, in the 
        aggregate, exceeds the period of enrollment described in 
        paragraph (3). Such borrower may still receive any Federal 
        Direct Unsubsidized Stafford Loan for which such borrower is 
        otherwise eligible.
            ``(2) Payment of interest on federal direct stafford 
        loans.--Notwithstanding subsection (f)(1)(A) or any other 
        provision of this title and beginning on the date upon which a 
        borrower who is in school becomes ineligible for a Federal 
        Direct Stafford Loan as a result of paragraph (1), interest on 
        all Federal Direct Stafford Loans that were disbursed to such 
        borrower on or after July 1, 2013, shall accrue. Such interest 
        shall be paid or capitalized in the same manner as interest on 
        a Federal Direct Unsubsidized Stafford Loan is paid or 
        capitalized under section 428H(e)(2).
            ``(3) Period of enrollment.--
                    ``(A) In general.--The aggregate period of 
                enrollment referred to in paragraph (1) shall not 
                exceed the lesser of--
                            ``(i) a period equal to 150 percent of the 
                        published length of the educational program in 
                        which the student is enrolled; or
                            ``(ii) in the case of a borrower who was 
                        previously enrolled in one or more other 
                        educational programs that began after July 1, 
                        2013, a period of time equal to the difference 
                        between--
                                    ``(I) 150 percent of the published 
                                length of the longest educational 
                                program in which the borrower was, or 
                                is, enrolled; and
                                    ``(II) any periods of enrollment in 
                                which the borrower received a Federal 
                                Direct Stafford Loan.
                    ``(B) Less than full-time basis.--The Secretary 
                shall specify in regulation how the aggregate period 
                described in subparagraph (A) shall be calculated with 
                respect to a borrower who was or is enrolled on a less 
                than full-time basis.''.
            (1) Inapplicability of title iv negotiated rulemaking 
        requirement and master calendar exception.--Sections 482(c) and 
        492 of the HEA (20 U.S.C. 1089(c), 1098a) shall not apply to 
        the amendment made by this subsection, or to any regulations 
        promulgated under such amendment.
            (2) Effective date.--The amendment made by this subsection 
        shall be effective beginning July 1, 2013.
    (d) Reappropriation of Mandatory Savings.--Section 401(b)(7)(A)(iv) 
of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as 
follows:
                            ``(iv) to carry out this section--
                                    ``(I) $13,500,000,000 for fiscal 
                                year 2011;
                                    ``(II) $13,795,000,000 for fiscal 
                                year 2012;
                                    ``(III) $10,683,000,000 for fiscal 
                                year 2013;
                                    ``(IV) $1,009,000,000 for fiscal 
                                year 2014;
                                    ``(V) $0 for fiscal year 2015;
                                    ``(VI) $0 for fiscal year 2016;
                                    ``(VII) $1,574,000,000 for fiscal 
                                year 2017;
                                    ``(VIII) $1,595,000,000 for fiscal 
                                year 2018;
                                    ``(IX) $1,622,000,000 for fiscal 
                                year 2019;
                                    ``(X) $1,643,000,000 for fiscal 
                                year 2020;
                                    ``(XI) $1,358,000,000 for fiscal 
                                year 2021 and each succeeding fiscal 
                                year.''.
    (e) Student Eligibility.--
            (1) Subsection (d) of section 484 of the HEA (20 U.S.C. 
        1091) is amended to read as follows:
    ``(d) Students Who Are Not High School Graduates.--
            ``(1) Student eligibility.--In order for a student who does 
        not have a certificate of graduation from a school providing 
        secondary education, or the recognized equivalent of such 
        certificate, to be eligible for any assistance under subparts 
        1, 3, and 4 of part A and parts B, C, D, and E of this title, 
        the student shall meet the requirements of one of the following 
        subparagraphs:
                    ``(A) The student is enrolled in an eligible career 
                pathway program and meets one of the following 
                standards:
                            ``(i) The student shall take an 
                        independently administered examination and 
                        shall achieve a score, specified by the 
                        Secretary, demonstrating that such student can 
                        benefit from the education or training being 
                        offered. Such examination shall be approved by 
                        the Secretary on the basis of compliance with 
                        such standards for development, administration, 
                        and scoring as the Secretary may prescribe in 
                        regulations.
                            ``(ii) The student shall be determined as 
                        having the ability to benefit from the 
                        education or training in accordance with such 
                        process as the State shall prescribe. Any such 
                        process described or approved by a State for 
                        the purposes of this section shall be effective 
                        6 months after the date of submission to the 
                        Secretary unless the Secretary disapproves such 
                        process. In determining whether to approve or 
                        disapprove such process, the Secretary shall 
                        take into account the effectiveness of such 
                        process in enabling students without high 
                        school diplomas or the equivalent thereof to 
                        benefit from the instruction offered by 
                        institutions utilizing such process, and shall 
                        also take into account the cultural diversity, 
                        economic circumstances, and educational 
                        preparation of the populations served by the 
                        institutions.
                            ``(iii) The student shall be determined by 
                        the institution of higher education as having 
                        the ability to benefit from the education or 
                        training offered by the institution of higher 
                        education upon satisfactory completion of 6 
                        credit hours or the equivalent coursework that 
                        are applicable toward a degree or certificate 
                        offered by the institution of higher education.
                    ``(B) The student has completed a secondary school 
                education in a home school setting that is treated as a 
                home school or private school under State law.
            ``(2) Eligible career pathway program.--In this subsection, 
        the term `eligible career pathway program' means a program 
        that--
                    ``(A) concurrently enrolls participants in 
                connected adult education and eligible postsecondary 
                programs;
                    ``(B) provides counseling and supportive services 
                to identify and attain academic and career goals;
                    ``(C) provides structured course sequences that--
                            ``(i) are articulated and contextualized; 
                        and
                            ``(ii) allow students to advance to higher 
                        levels of education and employment;
                    ``(D) provides opportunities for acceleration to 
                attain recognized postsecondary credentials, including 
                degrees, industry relevant certifications, and 
                certificates of completion of apprenticeship programs;
                    ``(E) is organized to meet the needs of adults;
                    ``(F) is aligned with the education and skill needs 
                of the regional economy; and
                    ``(G) has been developed and implemented in 
                collaboration with partners in business, workforce 
                development, and economic development.''.
            (2) Effective date and transition.--The amendment made by 
        paragraph (1) shall take effect as if such amendment was 
        enacted on June 30, 2012, and shall apply to students who first 
        enroll in a program of study during the period beginning July 
        1, 2012, and ending June 30, 2019.
            (3) Repeal.--Effective June 30, 2012, section 309(c) of 
        division F of the Consolidated Appropriations Act, 2012 (20 
        U.S.C. 1091 note), and the amendments made by such section 
        309(c), are repealed.
    (f) Special Rules for Certain Not-for-profit Servicers.--Section 
456(a) of the HEA (20 U.S.C. 1087f(a)) is amended by adding at the end 
the following:
            ``(5) Special rule for not-for-profit servicers with 
        affiliates.--Notwithstanding any other provision of this 
        section, only an eligible not-for-profit servicer described in 
        clause (i) or (ii) of subsection (c)(1)(B) shall receive a 
        contract with the Secretary under paragraph (4)(A), and an 
        allocation under paragraph (4)(B), except that, if an eligible 
        not-for-profit servicer so described is also a corporation 
        described in subparagraphs (A) and (B) of section 150(d)(2) of 
        the Internal Revenue Code of 1986, then the affiliated entity 
        of that servicer (described in subsection (c)(1)(B)(ii)) shall 
        receive the contract with the Secretary under paragraph (4)(A), 
        and an allocation under paragraph (4)(B), rather than the 
        eligible not-for-profit servicer described in clause (i) or 
        (ii) of subsection (c)(1)(B).
            ``(6) Special rule for not-for-profit servicers with shared 
        management or common control.--Notwithstanding any other 
        provision of this section, in the case of entities that 
        otherwise meet the definition of an eligible not-for-profit 
        servicer under this section but 2 or more of the same 
        individuals serve as part of the management, board of 
        directors, or other governing body of more than one such 
        entity, or the Secretary determines that one entity controls, 
        is controlled by, or is under common control with, another such 
        entity, all such entities with that shared management or 
        control shall receive one aggregate allocation under paragraph 
        (4)(B) and be treated for purposes of paragraph (4) as though 
        all of such entities were a single eligible not-for-profit 
        servicer.''.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2013''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,375,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title 
as ``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $760,498,000, 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C), 
and 501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts 
provided under this heading: (1) up to 1 percent of program grant funds 
may be used to defray the costs of conducting grant application 
reviews, including the use of outside peer reviewers and electronic 
management of the grants cycle; (2) $45,000,000 shall be available for 
expenses authorized under section 501(a)(4)(E) of the 1990 Act; (3) 
$19,990,000 shall be available to provide assistance to State 
commissions on national and community service, under section 126(a) of 
the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; 
(4) $30,742,000 shall be available to carry out subtitle E of the 1990 
Act; and (5) $5,000,000 shall be available for expenses authorized 
under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the 
provisions of section 198P shall be awarded by CNCS on a competitive 
basis:  Provided, further, That not to exceed 20 percent of funds made 
available under section 501(a)(4)(E) of the 1990 Act may be used for 
Social Innovation Funds Pilot Program-related performance-based awards 
for Pay for Success projects:  Provided further, That, with respect to 
the previous proviso, any funds obligated for such projects shall 
remain available for disbursement until expended, notwithstanding 31 
U.S.C. 1552(a), and that any funds deobligated from such projects shall 
immediately be available for activities authorized under 198K of such 
Act.

                 payment to the national service trust

                     (including transfer of funds)

    For payment to the National Service Trust established under 
subtitle D of title I of the 1990 Act, $208,744,000, to remain 
available until expended:  Provided, That CNCS may transfer additional 
funds from the amount provided within ``Operating Expenses'' allocated 
to grants under subtitle C of title I of the 1990 Act to the National 
Service Trust upon determination that such transfer is necessary to 
support the activities of national service participants and after 
notice is transmitted to the Committees on Appropriations of the House 
of Representatives and the Senate:  Provided further, That amounts 
appropriated for or transferred to the National Service Trust may be 
invested under section 145(b) of the 1990 Act without regard to the 
requirement to apportion funds under 31 U.S.C. 1513(b).

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, 
including payment of salaries, authorized travel, hire of passenger 
motor vehicles, the rental of conference rooms in the District of 
Columbia, the employment of experts and consultants authorized under 5 
U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $88,000,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $5,400,000.

                       administrative provisions

    Sec. 401.  CNCS shall make any significant changes to program 
requirements, service delivery or policy only through public notice and 
comment rulemaking. For fiscal year 2013, during any grant selection 
process, an officer or employee of CNCS shall not knowingly disclose 
any covered grant selection information regarding such selection, 
directly or indirectly, to any person other than an officer or employee 
of CNCS that is authorized by CNCS to receive such information.
    Sec. 402.  AmeriCorps programs receiving grants under the National 
Service Trust program shall meet an overall minimum share requirement 
of 24 percent for the first 3 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 1990 Act, and subject to partial waiver consistent 
with section 2521.70 of title 45, Code of Federal Regulations.
    Sec. 403.  Donations made to CNCS under section 196 of the 1990 Act 
for the purposes of financing programs and operations under titles I 
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 
Act shall be used to supplement and not supplant current programs and 
operations.
    Sec. 404.  In addition to the requirements in section 146(a) of the 
1990 Act, use of an educational award for the purpose described in 
section 148(a)(4) shall be limited to individuals who are veterans as 
defined under section 101 of the Act.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (referred to 
in this Act as ``CPB''), as authorized by the Communications Act of 
1934, an amount which shall be available within limitations specified 
by that Act, for the fiscal year 2015, $445,000,000:  Provided, That 
none of the funds made available to CPB by this Act shall be used to 
pay for receptions, parties, or similar forms of entertainment for 
Government officials or employees:  Provided further, That none of the 
funds made available to CPB by this Act shall be available or used to 
aid or support any program or activity from which any person is 
excluded, or is denied benefits, or is discriminated against, on the 
basis of race, color, national origin, religion, or sex:  Provided 
further, That none of the funds made available to CPB by this Act shall 
be used to apply any political test or qualification in selecting, 
appointing, promoting, or taking any other personnel action with 
respect to officers, agents, and employees of CPB:  Provided further, 
That none of the funds made available to CPB by this Act shall be used 
to support the Television Future Fund or any similar purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$46,163,000:  Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organizations, 
and for arbitration services shall be credited to and merged with this 
account, and shall remain available until expended:  Provided further, 
That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce:  Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $17,000,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$231,954,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $9,500,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,778,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,258,000.

               National Health Care Workforce Commission

    For necessary expenses for the National Health Care Workforce 
Commission, as authorized by title V, subtitle B, section 5101 of the 
Patient Protection and Affordable Care Act, $3,000,000, to remain 
available until expended.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $288,306,000:  Provided, That no part of 
this appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in section 2(3) 
of the Act of July 5, 1935, and as amended by the Labor-Management 
Relations Act, 1947, and as defined in section 3(f) of the Act of June 
25, 1938, and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$14,411,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $11,667,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $45,000,000, 
which shall include amounts becoming available in fiscal year 2013 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits:  Provided, That the 
total amount provided herein shall be credited in 12 approximately 
equal amounts on the first day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2014, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $111,649,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $8,155,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,402,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$40,043,000,000, to remain available until expended:  Provided, That 
any portion of the funds provided to a State in the current fiscal year 
and not obligated by the State during that year shall be returned to 
the Treasury:  Provided further, That not more than $48,000,000 shall 
be available for research and demonstrations under sections 1110, 1115, 
and 1144 of the Social Security Act and remain available through 
September 30, 2014.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2014, $19,300,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    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 $10,545,544,000 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:  Provided, 
That not less than $2,150,000 shall be for the Social Security Advisory 
Board:  Provided further, That unobligated balances of funds provided 
under this paragraph at the end of fiscal year 2013 not needed for 
fiscal year 2013 shall remain available until expended to invest in the 
Social Security Administration information technology and 
telecommunications hardware and software infrastructure, including 
related equipment and non-payroll administrative expenses associated 
solely with this information technology and telecommunications 
infrastructure:  Provided further, That the Commissioner of Social 
Security shall notify the Committees on Appropriations of the House of 
Representatives and the Senate prior to making unobligated balances 
available under the authority in the previous proviso:  Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    In addition, for the costs associated with continuing disability 
reviews under titles II and XVI of the Social Security Act and for the 
cost associated with conducting redeterminations of eligibility under 
title XVI of the Social Security Act, $1,024,000,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein:  Provided, That, of 
such amount, $273,000,000 is provided to meet the terms of section 
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, and $751,000,000 is additional new 
budget authority specified for purposes of section 251(b)(2)(B) of such 
Act:  Provided further, 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.
    In addition, $166,000,000 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 2013 
exceed $166,000,000, the amounts shall be available in fiscal year 2014 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $500,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$28,887,000, together with not to exceed $73,396,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available:  Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate at least 
15 days in advance of any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 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, except in 
presentation to the executive branch of any State or local government 
itself.
    (b) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 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, other than for normal and recognized 
executive-legislative and State-local relationships, for presentation 
to any State or local legislature or legislative body itself, or for 
participation by an agency or officer of a State, local or tribal 
government in policymaking and administrative processes within the 
executive branch of that government.
    (c) The prohibitions in subsections (a) and (b) shall include any 
activity to advocate or promote any proposed or pending Federal, State 
or local tax increase, or any proposed or pending requirement or 
restriction on any legal consumer product, including its sale or 
marketing, including but not limited to the advocacy or promotion of 
gun control.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and Expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 506. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual 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.
    (2) 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.
    Sec. 508. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 510.  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.
    Sec. 511.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 513.  None of the funds made available by this Act to carry 
out the Library Services and Technology Act may be made available to 
any library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 514. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2013, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2013, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 515. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate information that is deliberately false or misleading.
    Sec. 516.  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 2013 that are different than those 
specified in this Act, the accompanying detailed table in the statement 
of the managers on the conference report accompanying this Act, or the 
fiscal year 2013 budget request.
    Sec. 517.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $500,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2013, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 518.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the 3 years preceding the certification, 
has not been convicted of a criminal offense under the Internal Revenue 
Code of 1986, and has not, more than 90 days prior to certification, 
been notified of any unpaid Federal tax assessment for which the 
liability remains unsatisfied, unless the assessment is the subject of 
an installment agreement or offer in compromise that has been approved 
by the Internal Revenue Service and is not in default, or the 
assessment is the subject of a non-frivolous administrative or judicial 
proceeding.

                              (rescission)

    Sec. 519.  Of the funds made available for performance bonus 
payments under section 2105(a)(3)(E) of the Social Security Act, 
$6,706,000,000 are hereby rescinded.
    Sec. 520.  None of the funds contained in this Act may be used to 
distribute any needle or syringe for the purpose of preventing the 
spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 521.  Not later than 30 days after the end of each calendar 
quarter, beginning with the first quarter of fiscal year 2013, 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:  Provided, 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 (beginning 
with fiscal year 2012, or, to the extent feasible, earlier fiscal 
years) from which balances were derived.
    Sec. 522. (a) In General.--The Health Education Assistance Loan 
(HEAL) program under title VII, part A, subpart I of the PHS Act, and 
the authority to administer such program, including servicing, 
collecting, and enforcing any loans that were made under such program 
that remain outstanding, shall be permanently transferred from the 
Secretary of Health and Human Services to the Secretary of Education no 
later than the end of the first fiscal quarter that begins after the 
date of enactment of this act.
    (b) Transfer of Functions, Assets, and Liabilities.--The functions, 
assets, and liabilities of the Secretary of HHS relating to such 
program shall be transferred to the Secretary of Education.
    (c) Interdepartmental Coordination of Transfer.--The Secretary of 
HHS and the Secretary of Education shall carry out the transfer of the 
HEAL program described in subsection (a), including the transfer of the 
functions, assets, and liabilities specified in subsection (b), in the 
manner that they determine is most appropriate.
    (d) Use of Authorities Under HEA of 1965.--In servicing, 
collecting, and enforcing the loans described in subsection (a), the 
Secretary of Education shall have available any and all authorities 
available to such Secretary in servicing, collecting, or enforcing a 
loan made, insured, or guaranteed under part B of title IV of the HEA 
of 1965.
    (e) Conforming Amendments.--Effective as of the date on which the 
transfer of the HEAL program under subsection (a) takes effect, section 
719 of the PHS Act is amended by adding at the end the following new 
paragraph:
            ``(6) The term `Secretary' means the Secretary of 
        Education.''.

                     performance partnership pilots

                     (including transfer of funds)

    Sec. 523. (a) Definitions.--In this section,
            (1) ``Performance Partnership Pilot'' (or ``Pilot'') is a 
        project that seeks to identify, through a demonstration, cost-
        effective strategies for providing services at the State, 
        regional, or local level that--
                    (A) involve two or more Federal programs 
                (administered by one or more Federal agencies)--
                            (i) which have related policy goals, and
                            (ii) at least one of which is administered 
                        (in whole or in part) by a State, local, or 
                        tribal government; and
                    (B) achieve better results for regions, 
                communities, or specific at-risk populations through 
                making better use of the budgetary resources that are 
                available for supporting such programs.
            (2) ``To improve outcomes for disconnected youth'' means to 
        increase the rate at which individuals between the ages of 14 
        and 24 (who are homeless, in foster care, involved in the 
        juvenile justice system, or are neither employed nor enrolled 
        in an educational institution) achieve success in meeting 
        educational, employment, or other key goals.
            (3) The ``lead Federal administering agency'' is the 
        Federal agency, to be designated by the Director of the Office 
        of Management and Budget (from among the participating Federal 
        agencies that have statutory responsibility for the Federal 
        discretionary funds that will be used in a Performance 
        Partnership Pilot), that will enter into and administer the 
        particular Performance Partnership Agreement on behalf of that 
        agency and the other participating Federal agencies.
    (b) Use of Discretionary Funds in Fiscal Year 2013.--Federal 
agencies may use Federal discretionary funds that are made available in 
this Act to carry out up to 13 Performance Partnership Pilots involving 
up to a total of $130,000,000 in aggregate Federal discretionary budget 
authority. Such Pilots shall:
            (1) be designed to improve outcomes for disconnected youth, 
        and
            (2) involve Federal programs targeted on disconnected 
        youth, or designed to prevent youth from disconnecting from 
        school or work, that provide education, training, employment, 
        and other related social services.
    (c) Performance Partnership Agreements.--Federal agencies may use 
Federal discretionary funds, as authorized in subsection (b), to 
participate in a Performance Partnership Pilot only in accordance with 
the terms of a Performance Partnership Agreement that--
            (1) is entered into between--
                    (A) the head of the lead Federal administering 
                agency, on behalf of all of the participating Federal 
                agencies (subject to the head of the lead Federal 
                administering agency having received from the heads of 
                each of the other participating agencies their written 
                concurrence for entering into the Agreement), and
                    (B) the respective representatives of all of the 
                State, local, or tribal governments that are 
                participating in the Agreement; and
            (2) specifies, at a minimum, the following information:
                    (A) the length of the Agreement (which shall not 
                extend beyond September 30, 2017);
                    (B) the Federal programs and federally funded 
                services that are involved in the Pilot;
                    (C) the Federal discretionary funds that are being 
                used in the Pilot (by the respective Federal account 
                identifier, and the total amount from such account that 
                is being used in the Pilot), and the period (or 
                periods) of availability for obligation (by the Federal 
                Government) of such funds;
                    (D) the non-Federal funds that are involved in the 
                Pilot, by source (which may include private funds as 
                well as governmental funds) and by amount;
                    (E) the State, local, or tribal programs that are 
                involved in the Pilot;
                    (F) the populations to be served by the Pilot;
                    (G) the cost-effective Federal oversight procedures 
                that will be used for the purpose of maintaining the 
                necessary level of accountability for the use of the 
                Federal discretionary funds;
                    (H) the cost-effective State, local, or tribal 
                oversight procedures that will be used for the purpose 
                of maintaining the necessary level of accountability 
                for the use of the Federal discretionary funds;
                    (I) the outcome (or outcomes) that the Pilot is 
                designed to achieve;
                    (J) the appropriate, reliable, and objective 
                outcome-measurement methodology that the Federal 
                Government and the participating State, local, or 
                tribal governments will use, in carrying out the Pilot, 
                to determine whether the Pilot is achieving, and has 
                achieved, the specified outcomes that the Pilot is 
                designed to achieve;
                    (K) the statutory, regulatory, or administrative 
                requirements related to Federal mandatory programs that 
                are barriers to achieving improved outcomes of the 
                Pilot; and
                    (L) in cases where, during the course of the Pilot, 
                it is determined that the Pilot is not achieving the 
                specified outcomes that it is designed to achieve,
                            (i) the consequences that will result from 
                        such deficiencies with respect to the Federal 
                        discretionary funds that are being used in the 
                        Pilot, and
                            (ii) the corrective actions that will be 
                        taken in order to increase the likelihood that 
                        the Pilot, upon completion, will have achieved 
                        such specified outcomes.
    (d) Agency Head Determinations.--A Federal agency may participate 
in a Performance Partnership Pilot (including by providing Federal 
discretionary funds that have been appropriated to such agency) only 
upon the written determination by the head of such agency that the 
agency's participation in such Pilot--
            (1) will not result in denying or restricting the 
        eligibility of any individual for any of the services that (in 
        whole or in part) are funded by the agency's programs and 
        Federal discretionary funds that are involved in the Pilot, and
            (2) based on the best available information, will not 
        otherwise adversely affect vulnerable populations that are the 
        recipients of such services.
In making this determination, the head of the agency may take into 
consideration the other Federal discretionary funds that will be used 
in the Pilot as well as any non-Federal funds (including from private 
sources as well as governmental sources) that will be used in the 
Pilot.
    (e) Transfer Authority.--For the purpose of carrying out the Pilot 
in accordance with the Performance Partnership Agreement, and subject 
to the written approval of the Director of the Office of Management and 
Budget, the head of each participating Federal agency may transfer 
Federal discretionary funds that are being used in the Pilot to an 
account of the lead Federal administering agency that includes Federal 
discretionary funds that are being used in the Pilot. Subject to the 
waiver authority under subsection (f), such transferred funds shall 
remain available for the same purposes for which such funds were 
originally appropriated:  Provided, That such transferred funds shall 
remain available for obligation by the Federal Government until the 
expiration of the period of availability for those Federal 
discretionary funds (which are being used in the Pilot) that have the 
longest period of availability, except that any such transferred funds 
shall not remain available beyond September 30, 2017.
    (f) Waiver Authority.--In connection with a Federal agency's 
participation in a Performance Partnership Pilot, and subject to the 
other provisions of this section (including subsection (e)), the head 
of the Federal agency to which the Federal discretionary funds were 
appropriated may waive (in whole or in part) the application, solely to 
such discretionary funds that are being used in the Pilot, of any 
statutory, regulatory, or administrative requirement that such agency 
head--
            (1) is otherwise authorized to waive (in accordance with 
        the terms and conditions of such other authority), and
            (2) is not otherwise authorized to waive, provided that in 
        such case the agency head shall--
                    (A) not waive any requirement related to 
                nondiscrimination, wage and labor standards, or 
                allocation of funds to State and substate levels;
                    (B) issue a written determination, prior to 
                granting the waiver, with respect to such discretionary 
                funds that the granting of such waiver for purposes of 
                the Pilot--
                            (i) is consistent with both--
                                    (I) the statutory purposes of the 
                                Federal program for which such 
                                discretionary funds were appropriated, 
                                and
                                    (II) the other provisions of this 
                                section, including the written 
                                determination by the agency head issued 
                                under subsection (d);
                            (ii) is necessary to achieve the outcomes 
                        of the Pilot as specified in the Performance 
                        Partnership Agreement, and is no broader in 
                        scope than is necessary to achieve such 
                        outcomes; and
                            (iii) will result in either--
                                    (I) realizing efficiencies by 
                                simplifying reporting burdens or 
                                reducing administrative barriers with 
                                respect to such discretionary funds, or
                                    (II) increasing the ability of 
                                individuals to obtain access to 
                                services that are provided by such 
                                discretionary funds; and
                    (C) provide at least 60 days advance written notice 
                to the Committees on Appropriations and other 
                committees of jurisdiction in the House of 
                Representatives and the Senate.
    Sec. 524. (a) The head of any department, agency, board, or 
commission funded by this Act shall submit quarterly reports to the 
Inspector General, or the senior ethics official for any entity without 
an Inspector General, of the appropriate department, agency, board, or 
commission regarding the costs and contracting procedures related to 
each conference held by the department, agency, board, or commission 
during fiscal year 2013 for which the cost to the United States 
Government was more than $20,000.
    (b) Each report submitted shall include, for each conference held 
during the applicable quarter--
            (1) a description of how the conference advanced the 
        mission of the department, agency, board, or commission;
            (2) the number of individuals whose travel expenses or 
        other conference expenses were paid by the department, agency, 
        board, or commission;
            (3) the date and location of the conference;
            (4) a detailed statement of the costs to the department, 
        agency, board, or commission relating to that conference; and
            (5) a description of the contracting procedures relating to 
        that conference, including whether contracts were awarded on a 
        competitive basis for that conference.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a conference 
that is not directly and programmatically related to the purpose for 
which the grant or contract was awarded.
    (d) None of the funds made available in this Act may be used for 
travel and conference activities that are not in compliance with Office 
of Management and Budget Memorandum M-12-12 dated May 11, 2012.
    Sec. 525.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single international 
conference unless the head of such department or agency reports to the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 30 days in advance of the beginning of the 
conference that such attendance is important to the national interest:  
Provided, That for purposes of this section the term ``international 
conference'' shall mean a conference occurring outside of the United 
States attended by representatives of the United States Government and 
of foreign governments, international organizations, or nongovernmental 
organizations.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2013''.
                                                       Calendar No. 428

112th CONGRESS

  2d Session

                                S. 3295

                          [Report No. 112-176]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2013, and for other purposes.

_______________________________________________________________________

                             June 14, 2012

                 Read twice and placed on the calendar