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Prior to the founding of Hobbs Straus, Jerry Straus was lead Washington, D.C. counsel in the first large scale case for the restoration of historic Indian land – the restoration of the 48,000 acre Blue Lake lands to the Taos Pueblo.

General Memorandum 12-007

General Memorandum 12-007
Labor-HHS-Education and Related Agencies FY 2012 Appropriations

This report covers the final FY 2012 funding levels for selected programs of particular interest to tribes and Indian organizations in the Labor-Health and Human Services-Education and Related Agencies appropriations bill. It is included in the Consolidated Appropriations Act, 2012 (Act) (HR 2055, PL 112-74) which was signed into law on December 23, 2011. The Act provides funding for what would normally be nine separate appropriations bills. The Conference Report is House Report 112-331. The Senate Report for Labor-HHS-Education appropriations is Senate Report 112-84; there was no House Committee report. These documents may be accessed on Congress' website: Thomas.loc.gov

Under the Act, Congress applied several across-the-board reductions which vary by appropriations sections. Under the Labor-Health and Human Services-Education appropriations section (Division F) of the Act, the programs, projects and activities funded will be reduced by 0.189 percent below the amounts in the conference or committee reports. Programs under other appropriations sections have differing rates of across-the-board reductions, for example, the Interior-related programs are reduced by 0.16 percent. With the exception of the Department of Education section, the FY 2012 enacted figures in this Memorandum do not include the 0.189 percent reduction.

The conferees state that the funding allocation identified in the Senate report for the Labor-HHS-Education and Related Agencies Division have been reviewed by the conferees, and those that are approved are noted in the Conference Report:
In implementing this conference agreement, the Departments and agencies should be guided by the language and instructions set forth in Senate Report 112–84 accompanying the bill, S. 1599, unless specifically addressed in this statement. In cases where the language and instructions in the Senate report specifically address the allocation of funds, each has been reviewed by the conferees and those that are jointly concurred in have been endorsed in this statement of managers.

DEPARTMENT OF LABOR

The Act provides virtually flat funding for Department of Labor programs, although there are reductions, notably in the Section 166 Indian Workforce Investment Act program. The House had proposed very large cuts in this and other job training programs.

Section 166 Program for Indian Tribes, Urban Indians, Hawaiians, and Samoans

FY 2011 Enacted $52.6 million
FY 2012 Admin. Request $54.2 million
FY 2012 Enacted $47.6 million

This program, authorized under the Workforce Investment Act of 1998 (WIA), provides formula grant funding to tribes and other Native American groups for employment, training, and related services activities. The FY 2012 funding is inconsistent with the statutory WIA requirement that a minimum of $55 million is to be provided for the Section 166 program. The program year begins on July 1, 2012, and ends on June 30, 2013. One percent of funding is reserved for technical assistance.

Supplemental Youth Services

FY 2011 Enacted $825.9 million
FY 2012 Admin. Request $850.0 million
FY 2012 Enacted $825.9 million

Youth Activities, authorized by the WIA, consolidates the Summer Youth Employment and Training Program under JTPA Title II–B, and Youth Training Grants under JTPA Title II–C. Tribes will receive 1.5 percent of the funds, or $12,388,708. This is a reduction of 10.6 percent ($1,472,327) below program year 2010.

Tribal NEW (Native Employment Works) Program

Tribes receive $7.6 million annually under the NEW program as a capped entitlement program. The NEW program replaced the JOBS authorization in the welfare reform law (PL 104-193).

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Act provides $69.8 billion for discretionary program level funding for HHS programs, which is $600 million below the comparable FY 2011 level. Conferees did not concur with the House proposal to defund the Affordable Care Act, although some FY 2011 funds were rescinded: $10 million of the $15 million for a board to make recommendations on Medicare savings and $400 million for the loans for health insurance cooperatives to assist them in operating in state markets (on top of an earlier $2.2 billion rescission). A particular disappointment is the denial of the Administration's request for a new tribal Behavioral Health program funded through the Affordable Care Act's Prevention and Public Health Fund (PPH). The Administration proposed in its FY 2012 budget $50 million for tribes for coordinated services to prevent substance abuse and suicide. The program would have been administered through SAMHSA with base funding being provided to each applicant tribe and additional funding based on population and need.

The Affordable Care Act provides $17.7 billion over ten years in mandatory funding for a Prevention and Public Health Fund. Congress, through the appropriations process, transfers these funds to programs to carry out health prevention and public health needs. For FY 2012 Congress transferred $1 billion of the PPH funds to various agencies in HHS.

Administration for Children and Families

FY 2011 Enacted $30.1 billion
FY 2012 Admin. Request $28.9 billion
FY 2012 Enacted $29.2 billion

Administration for Native Americans (ANA)

FY 2011 Enacted $48.6 million
FY 2012 Admin. Request $48.8 million
FY 2012 Enacted $48.7 million

Low-Income Home Energy Assistance Program

FY 2011 Enacted $4.7 billion
FY 2012 Admin. Request $2.6 billion
FY 2012 Enacted $3.5 billion

Head Start

FY 2011 Enacted $7.56 billion
FY 2012 Admin. Request $8.09 billion
FY 2012 Enacted $7.98 billion

The total Head Start amount includes funding for Early Head Start. Tribes share a 13 percent allocation of the Head Start total with the territories, migrant workers, and disabled children. The reauthorization provided that Indian Head Start programs would receive at least the previous year's funding (Head Start and Early Head Start combined) plus inflation.

The $424 million increase for Head Start should maintain the expansion of the program made possible by the 2009 and 2010 Recovery Act funding.

Child Care and Development Block Grant

Discretionary Funds:
FY 2011 Enacted $2.22 billion
FY 2012 Admin. Request $2.93 billion
FY 2012 Enacted $2.28 billion

Entitlement Funds:
FY 2012 $2.92 billion

Tribes receive by statute not less than one percent and not more than two percent of the combined total of discretionary and entitlement funds under the Child Care and Development Block Grant. Tribes received $103 million in FY 2011 from this program.

Promoting Safe and Stable Families Program (Title IV-B, Subpart 2)

FY 2011 Enacted $365 million mandatory and $63.2 million discretionary funds
FY 2012 Admin. Request $365 million mandatory and $63.2 million
discretionary funds
FY 2012 Enacted $345 million mandatory and $63.2 million
discretionary funds

Tribes and tribal consortia receive a three percent statutory allocation of the mandatory and discretionary funds. In FY 2011 tribes received $11 million from this program (126 tribal grantees).

Child Welfare (Title IV-B, Subpart 1)

FY 2011 Enacted $281.2 million
FY 2012 Admin. Request $281.7 million
FY 2012 Enacted $281.2 million

Although the statute does not specify a percentage or amount of funding for tribes, tribes receive formula funds under this program which is authorized under Title IV-B, Subpart 1 of the Social Security Act. Tribes received $6.2 million from this program in FY 2011 (166 tribal grantees).

Child Welfare Training/Foster Care Initiative

FY 2011 Enacted $27.2 million
FY 2012 Admin. Request $27.2 million
FY 2012 Enacted $26.1 million

This account includes $20 million for a relatively new foster care initiative. Funding under the Child Welfare Training and Demonstrations Account is for innovative strategies that improve outcomes for children in long-term foster care. In addition there is $7.1 million for child welfare training.

Kinship Guardianship

FY 2011 Enacted $32 million
FY 2012 Admin. Request $80 million
FY 2012 Projected $80 million

The Kinship Guardianship program, authorized under Title IV-E of the Social Security Act, first became available in FY 2009. It provides subsidies to a relative taking legal guardianship of a child for whom being returned home or adoption are not appropriate permanency options. Funding is on an entitlement basis. The Administration had projected costs at $83 million in FY 2011 but the amount utilized was considerably lower.

Tribes directly administering the Title IV-E Foster Care and Adoption Assistance programs would be eligible to offer Kinship Guardianship payments; or a tribe which has a Title IV-E agreement with a state might be able to access such payments through the agreement.

Chaffee Foster Care Independent Living Program

FY 2011 Enacted $140 million
FY 2012 Admin. Request $140 million
FY 2012 Enacted $140 million

Authorized under Title IV-E of the Social Security Act, the Independent Living program provides funding to assist youth who are aging out of foster care. It is a capped entitlement program, with most funds being provided to states via formula. The Fostering Connections to Success and Increasing Adoptions Act (PL 110-35l, signed in 2008) authorized tribes with an approved Title IV-E plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Independent Living funds to serve tribal youth.

Education and Training Vouchers for Youth Leaving Foster Care

FY 2011 Enacted $45.3 million
FY 2012 Admin. Request $45.4 million
FY 2012 Enacted $45.3 million

This program, authorized under the Safe and Stable Families Amendments of 2001 (PL 107-133), provides vouchers for college or vocational/technical training for youth who age out of the foster care system. States may allow youth to participate in the voucher program up to age 23, and the maximum voucher amount is $5,000 per year. States receive funding according to their proportion of youth in foster care. The Foster Care Independence Act requires states to provide services to Indian youth aging out of foster care and to consult with tribes on these services.

The Fostering Connections to Success and Increasing Adoptions Act (PL 110-351, signed in 2008) authorized tribes with an approved Title IV-E Foster Care and Adoption Assistance plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Education and Training Voucher funding to serve tribal youth.

Community Services Block Grant (CSBG)

FY 2011 Enacted $701.6 million
FY 2012 Admin. Request $370.0 million
FY 2012 Enacted $713.6 million

In FY 2010, tribes received $5 million from the CSBG program; there were 56 tribal grantees.

Battered Women's Shelters

FY 2011 Enacted $129.8 million
FY 2012 Admin. Request $135.1 million
FY 2012 Enacted $129.8 million

Tribes receive ten percent of funds from the Battered Women's Shelter program, which is authorized in the Family Violence Prevention and Services Act. These funds, which are distributed through a formula, are used primarily for counseling, advocacy, and self-help services for victims and their children.

Administration on Aging

FY 2011 Enacted $1.47 billion
FY 2012 Admin. Request $2.24 billion
FY 2012 enacted $1.47 billion

Within the total is the following Native-specific funding:
• $27.7 million for formula grants to tribes and Native Hawaiian organizations. Funding is for services for the elderly including transportation, nutrition, and health screening. This is the same as the FY 2011 amount and the Administration's FY 2012 request.
• $6.4 million for competitive grants to tribes for the Native American Caregiver Support Program, the same as the FY 2011 enacted level and $2 million below the Administration's FY 2012 request. Funds are to assist tribes in providing support services for family caregivers as well as for grandparents caring for grandchildren.

Substance Abuse and Mental Health Services Administration (SAMHSA)

FY 2011 Enacted $3.51 billion
FY 2012 Admin. Request $3.56 billion
FY 2012 Enacted $3.48 billion

As noted above, the Act does not include funding for the proposed new Tribal Behavioral Grant program. The Senate Committee Report states, "Due to budget constraints, the Committee has not provided funding or transfers from the PPH (Prevention and Public Health) Fund for the administration's proposed Tribal Behavioral Health Grant program. The administration requested $50,000,000 for this new program." (S. Rpt. 112-84, p. 126)

Under the mental health programs, the Act provides the following:
• Programs of Regional and National Significance: $276 million, a $62 million reduction
• Mental Health Block Grant: $439 million, a $40 million increase
• Children's Mental Health Services: $118 million, the same as FY 2011 enacted
• Protection and Advocacy Program: $36.3 million, the same as FY 2011 enacted
• American Indian Suicide Prevention: $2.9 million, the same as FY 2011 enacted
Under the substance abuse programs, the Act provides the following:
• Substance Abuse Treatment Programs of Regional and National Significance: $399 million, about $5 million below FY 2011 enacted
• Substance Abuse Prevention and Treatment Block Grant: $1.8 billion, a $21 million increase above FY 2011 enacted
• Substance Abuse Prevention Activities of Regional and National Significance: $186 million, the same as FY 2011 enacted

Health Resources and Services Administration (HRSA)

FY 2011 Enacted $6.27 billion
FY 2012 Admin. Request $6.80 billion
FY 2012 Enacted $6.20 billion

Community Health Centers
FY 2011 Enacted $2.58 billion ($14.4 million is for Native
Hawaiian Health Care; $1 billion is from the Affordable Care Act)
FY 2012 Admin. Request $2.17 billion
FY 2012 Enacted $2.8 billion ($1.6 billion in discretionary funding and $1.2 billion from the Affordable Care Act)

Nurse Loan Repayment Program for Shortage Area Service
FY 2011 Enacted $93.3 million
FY 2012 Admin. Request $93.9 million
FY 2012 Enacted $83.3 million

This program repays student loans for nurses in exchange for their working at least two years in an Indian Health Service health center, Native Hawaiian health center, public hospital, community or migrant health center, or rural health clinic.

Centers of Excellence
FY 2011 Enacted $24.5 million
FY 2012 Admin. Request $24.6 million
FY 2012 Enacted $22.9 million

Centers of Excellence funds are designed to strengthen the capacity of institutions that train a significant number of minority health professionals.

Rural Outreach Grants
FY 2011 Enacted $55.7 million
FY 2012 Admin. Request $57.3 million
FY 2012 Enacted $55.7 million

Rural Outreach Grants provide resources for new and innovative delivery of health services in rural areas, including telemedicine projects.

Area Health Education Centers
FY 2011 Enacted $33.1 million
FY 2012 Admin. Request $33.3 million
FY 2012 Enacted $30.1 million

Health Careers Opportunity Program
FY 2011 Enacted $21.9 million
FY 2012 Admin. Request $22.1 million
FY 2012 Enacted $15.0 million

Funding is for medical and other health professions schools for recruitment of disadvantaged students and pre-professional school preparations.

Telehealth Program
FY 2011 Enacted $11.5 million
FY 2012 Admin. Request $11.6 million
FY 2012 Enacted $11.5 million

Ryan White AIDS Programs
FY 2011 Enacted $2.33 billion
FY 2012 Admin. Request $2.40 billion
FY 2012 Enacted $2.35 billion

Maternal, Infant, and Childhood Home Visiting Programs. The Affordable Care Act created a new entitlement program under Title V of the Social Security Act (Maternal and Child Health Services) for home visits to families with young children or families who are expecting children and live in communities at risk for poor maternal and child health. For the fiscal years 2010-2014, a total of $1.5 billion is appropriated (not simply authorized) for this program. The Act makes tribes, tribal organizations and urban Indian organizations eligible to apply for grants under this program and reserves three percent of funds for grants to those entities (or consortia thereof). The Indian set-aside is valued at $45 million over the five-year period. A grant recipient will be required to conduct a needs assessment and to develop a program with measurable three-year and five-year benchmarks for demonstrating improvement in several areas, including improved maternal and newborn health and prevention of child abuse and neglect.

For FY 2012 there is $350 million ($100 million over FY 2011) for this program; the Indian allocation will be $10.5 million ($3 million over FY 2011).

DEPARTMENT OF EDUCATION

The total FY 2012 DoED funding appropriated is $71.3 billion, which is $153 million below the FY 2011 level and $9.3 billion below the amount requested. The Administration had proposed to eliminate several Elementary and Secondary Education Act (ESEA) programs and to consolidate programs under a more comprehensive program; however, such consolidations were dependent on the reauthorization of the ESEA. Since Congress did not take up ESEA reauthorization this session, the funding amounts are reported under the current ESEA accounts and program structure. In addition, Congress restored funding for some programs that the Administration had proposed to be de-funded. Comprehensive information on the FY 2012 Education budget, reflecting the 0.189 percent reduction, is posted at http://www2.ed.gov/about/overview/budget/tables.html. The FY 2012 enacted numbers for this section reflect this 0.189 percent reduction.

Title I, Education for the Disadvantaged

Basic Grants to Local Education Agencies (program level)
FY 2011 Enacted $6.58 billion
FY 2012 Admin. Request $6.59 billion
FY 2012 Enacted $6.57 billion

The Bureau of Indian Education (BIE)-funded schools and territories share a one percent allocation from the Title I basic and concentration grants. The BIE reported in its FY 2012 budget justification that in School Year 2010-2011 (SY10–11), BIE schools received $100.6 million in Title I funds.

Concentration Grants
FY 2011 Enacted $1.36 billion
FY 2012 Admin. Request $1.36 billion
FY 2012 Enacted $1.36 billion

School Improvement Grants
FY 2011 Enacted $534.5 million
FY 2012 Admin. Request $600.0 million
FY 2012 Enacted $533.5 million

Funds are provided to States and local educational agencies (LEA's) for use at the lowest performing schools according to student achievement results to implement one of four specific intervention models (e.g., Turnaround, Restart, School Closure, and Transformation).

Striving Readers
FY 2011 Enacted –0–
FY 2012 Admin. Request –0–
FY 2012 Enacted $159.6 million

The FY 2010 appropriations Act provided a large funding increase in order to overhaul the Striving Readers program into a comprehensive literacy program that provides services to all students from birth through twelfth grade. There is a 0.5 percent set-aside for BIE-funded schools. The Administration proposed no separate funding for Striving Readers in lieu of $383.3 million for a new Effective Teaching and Learning: Literacy program covering preschool through twelfth grade. Congress did not fund the proposed Effective Teaching and Learning: Literacy, which was dependent on the ESEA reauthorization.

Even Start
FY 2011 Enacted $66.5 million
FY 2012 Admin. Request –0–
FY 2012 Enacted –0–

The Even Start program was also proposed for consolidation under the Comprehensive Effective Teaching and Learning: Literacy program. Congress did not concur with the consolidation and did not reinstate funds for Even Start. Under current law, the set-aside for migrants and Native Americans is six percent if appropriations for the program reach $200 million (five percent if less).

Improving Literacy Through School Libraries
FY 2011 Enacted $19.1 million
FY 2012 Admin. Request –0–
FY 2012 Enacted –0–

The Administration had proposed that this program, which provides grants to school libraries to update library materials and/or technology in the media center, or to provide well-trained/certified media specialists, be incorporated under the Effective Teaching and Learning: Literacy program. The conferees did not fund the proposed Effective Teaching and Learning: Literacy and did not reinstate funds for the Improving Literacy Through School Libraries program. The BIE-system schools receive 0.5 percent of the appropriated funds. In SY10–11, the BIE schools received $95,725.

High School Graduation Initiative
FY 2011 Request $48.9 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $48.8 million

This competitive grants program provides funds to LEAs for comprehensive approaches that seek to improve high school graduation rates through prevention and reentry systems for students at risk of not graduating, especially at the high schools and their feeder schools with particularly low rates of graduation.

Impact Aid
Basic Support Payments (Section 8003(b))
FY 2011 Enacted $1.13 billion
FY 2012 Admin. Request $1.13 billion
FY 2012 Enacted $1.15 billion

This account includes funding for Heavily Impacted Districts (section 8003(f)).

Payments for Children with Disabilities (Section 8003(d))
FY 2011 Enacted $48.5 million
FY 2012 Admin. Request $48.6 million
FY 2012 Enacted $48.4 million

Federal Property (Section 8002)
FY 2011 Enacted $67.0 million
FY 2012 Admin. Request $67.2 million
FY 2012 Enacted $66.9 million

Facilities Maintenance (Section 8008)
FY 2011 Enacted $4.5 million
FY 2012 Admin. Request $4.86 million
FY 2012 Enacted $4.84 million

Construction and Renovation (Section 8007)
FY 2011 Enacted $17.4 million
FY 2012 Admin. Request $17.5 million
FY 2012 Enacted $17.4 million

School Improvement Programs

State Grants for Improving Teacher Quality
FY 2011 Enacted $2.46 billion
FY 2012 Admin. Request –0–
FY 2012 Enacted $2.46 billion

These funds are provided to states and schools to help them attain the No Child Left Behind Act (NCLBA) goal that all teachers be highly qualified. Local uses of funds include professional development, class size reduction, recruitment and retraining of teachers and principals, merit pay, mentoring, and other activities. The NCLBA reserves 0.5 percent of the funds for this program for BIE-funded schools. In SY10–11, the BIE schools received $14.6 million.

Math and Science Partnerships
FY 2011 Request $175.1 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $149.7 million

This program provides formula grants to partnerships of state educational agencies, higher education institutions, and school districts to improve academic achievement in mathematics and science through strong teaching skills for elementary and secondary school teachers. Funds may be used to develop rigorous mathematics and science curricula, distance learning programs, and incentives to recruit college graduates holding math and science degrees into the teaching profession.

21st Century Community Learning Centers
FY 2011 Enacted $1.15 billion
FY 2012 Admin. Request $1.26 billion
FY 2012 Enacted $1.15 billion

The 21st Century Community Learning Centers program enables communities to create or expand centers that provide activities offering significant extended learning opportunities, such as before- and after-school programs for students, and related services to their families. Centers must target services to students who attend schools that are eligible to operate a school-wide program under Title I of the Elementary and Secondary Education Act or that serve high percentages of students from low-income families. Up to one percent of program funding is allocated to the BIE and outlying areas.
In SY10–11, the BIE schools received $8.4 million from this program.

Educational Standards and Assessment
FY 2011 Enacted $389.9 million
FY 2012 Admin. Request $420.0 million
FY 2012 Enacted $389.2 million

Funding is distributed by formula to states and the BIE for the development and/or improvement of educational assessments and standards. The BIE will receive 0.5 percent of these funds ($2 million in SY10–11).

Alaska Native Education Equity Assistance Program
FY 2011 Enacted $33.2 million
FY 2012 Admin. Request $33.3 million
FY 2012 Enacted $33.1 million

Rural Education
FY 2011 Enacted $174.5 million
FY 2012 Admin. Request $174.8 million
FY 2012 Enacted $179.1 million

Rural education funding, authorized under Title VI-B of ESEA, is divided equally between the Small, Rural School Achievement Program and the Rural and Low-Income School Program, under which the BIE-system schools receive 0.5 percent. These funds are provided to small schools that do not qualify for the Achievement program and have a child poverty rate of at least 20 percent. Under both programs, schools are able to consolidate various federal education funds. However, if schools do not meet progress goals within three years, the rural education funds must be used for Title I school improvement activities. In SY10–11, the BIE schools received $437,205 in Rural Education funds.

Indian Education Act

FY 2011 Enacted $127.0 million
FY 2012 Admin. Request $127.2 million
FY 2012 Enacted $130.7 million

Funding for each of the Indian Education accounts are: Grants to LEAs ($105.9 million), Special Programs for Indian Children ($18.9 million) and National Activities ($5.8 million) which funds research that focuses on filling the gaps in national information on the educational status and needs of Indians, identifying educational practices that are effective with Indian students, and technical assistance to public school districts that receive Indian Education grants. Within the National Activities total is $2 million (less the reduction) for a tribal education departments pilot project. The Conference Report states:
The conferees recognize that tribal education departments and agencies are uniquely situated at the local level to implement innovative education programs to improve Native American education. Accordingly, the conference agreement includes $2,000,000 under the National Activities line for a pilot project to increase the role of tribal education departments in Native American education. In the pilot, tribal education agencies would directly administer some Elementary and Secondary Education Act programs to enter into collaborative agreements with States to work closely with school districts located on Indian reservations or former Indian reservations located in Oklahoma. The conferees expect the Department of Education to collaborate with the Bureau of Indian Affairs on this effort. (H.Rpt. 112-331, p. 1149)

In SY10–11, the BIE schools received $2.8 million in Title VII Indian Education Act funds.

Innovation and Improvement

Teacher Incentive Fund (TIF)
FY 2011 Enacted $399.2 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $299.4 million

The Teacher Incentive Fund (TIF) provides formula grants to reward effective teachers and create incentives to attract qualified teachers to high-need schools and provides competitive grants to design and implement performance-based compensation systems.

School Leadership
FY 2011 Enacted $29.1 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $29.1 million
The funds are for high-need local education agencies (LEAs) to develop or enhance innovative programs that recruit, train, and provide support for individuals currently serving as principals (including assistant principals) and/or seeking to become principals.

Charter Schools Grants
FY 2011 Enacted $255.5 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $255.0 million

Funds are provided as competitive grants to State Education Agencies and charter schools for planning, design, initial implementation, and dissemination of information regarding charter schools. Funds are also allocated for state efforts to assist charter schools in obtaining facilities. The Administration did not seek funds for the Charter Schools Grants program, instead proposing a more comprehensive Expanding Educational Options initiative that "would continue and expand support for charter and other autonomous public schools." (DoED in Brief, p. 72) Congress did not concur with the plan and instead provides funds under the Charter Schools Grants program.

Safe Schools and Citizenship Education

Promise Neighborhoods
FY 2011 Enacted $ 29.9 million
FY 2012 Admin. Request $150.0 million
FY 2012 Enacted $ 59.8 million

The Promise Neighborhoods program provides competitive one-year planning grants and five-year implementation grants to community-based organizations for the development and implementation of comprehensive neighborhood programs that address the needs of children in distressed communities. The program includes tribal communities under Absolute Priority 3.

Elementary and Secondary School Counseling
FY 2011 Enacted $52.3 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $52.2 million

Carol E. White PE for Progress
FY 2011 Enacted $78.8 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $78.6 million

Civic Education
FY 2011 Enacted $1.15 million
FY 2012 Admin. Request –0–
FY 2012 Enacted –0–

The FY 2011 funds were allocated for the Cooperative Education Exchange program.

English Language Acquisition Grants

FY 2011 Enacted $733.5 million
FY 2012 Admin. Request $750.0 million
FY 2012 Enacted $732.1 million

This program provides formula grants for services to limited English proficient students and professional development for teachers. The statute allocates 0.5 percent or $5 million, whichever is greater, of the language acquisition funds for BIE system schools and other tribal, Native Hawaiian, and Pacific Islander entities for programs in schools that serve predominantly Native American children.

Individuals with Disabilities Education Act (IDEA)

State Grants and Indian Allocation
FY 2011 Enacted $11.48 billion
FY 2012 Admin. Request $11.70 billion
FY 2012 Enacted $11.57 billion

Funding is provided through Part B Section 611(a) grants to BIE-system schools for supplemental services to disabled children between the ages of 5 and 21. In SY10–11, BIE schools received $73.6 million under this program.

Pre-School Grants
FY 2011 Enacted $373.3 million
FY 2012 Admin. Request $374.0 million
FY 2012 Enacted $372.6 million

These are additional funds for states for services for children with disabilities ages 3-5. Formula funding is provided to tribes with BIE-system schools through Part B Section 611(3) grants. The funds are used to assist State Education Agencies in the provision of special education and related services to children with disabilities between the ages of three and five years. Based on the FY 2012 appropriation, the estimated tribal preschool amount would be $18.7 million.

IDEA, Part C, Grants for Infants and Families
FY 2011 Enacted $438.5 million
FY 2012 Admin. Request $489.4 million
FY 2012 Enacted $442.7million
Tribes with BIE schools on their lands are eligible for formula funding under this program to coordinate state early intervention services to families whose infants and toddlers have disabilities. The FY 2012 budget request estimated the tribal set-aside would be $5.8 million.

Vocational Rehabilitation

State Grants
FY 2011 Enacted $3.04 billion
FY 2012 Admin. Request $3.10 billion
FY 2012 Enacted $3.08 billion

Tribes receive an allocation of one to 1.5 percent ($43.5 million in FY 2011) from the amount appropriated for Basic State Grants which are competitively awarded.

Career and Technical Education

Basic State Grants
FY 2011 Enacted $1.12 billion
FY 2012 Admin. Request $1.00 billion
FY 2012 Enacted $1.12 billion

Tribes and tribal organizations receive a 1.25 percent allocation of basic state grants, which equals $14 million in FY 2012. The tribal vocational education grants are awarded competitively.

Tech Prep Education (State Grants)
FY 2011 Enacted $102.9 million
FY 2012 Admin. Request –0–
FY 2012 Enacted –0–

The BIE-funded schools and tribal colleges were eligible to apply for Tech-Prep grants, which were used to establish four-year vocational/academic programs comprised of two years of high school and two years of college. The Administration proposed no funding for a separate Tech Prep program, instead proposing a consolidation under a Career and Technical Education State Grants program which would be funded at $1 billion. Congress provided $1.12 billion for the Career and Technical Education State Grants program, an amount that is equivalent to the FY 2011 level for the consolidated programs.

Higher Education

Pell Grants

The Act maintains the maximum Pell grant award at $5,550. However, reforms were made to the program because of a $1.4 billion FY 2012 shortfall. The Conference Report describes the changes:
The conference agreement includes changes to limit the number of full-time equivalent Pell grants to a lifetime maximum of six years/twelve semesters; to lower the adjusted gross income level at which an expected family contribution will automatically receive a "zero" to $23,000; to raise the minimum award for eligibility to ten percent of the maximum award; and to require students to either have completed a high school diploma, a GED, or have been homeschooled to be eligible for a Pell award, unless they were enrolled prior to July 1, 2012. The conference agreement further provides that these provisions will take effect on July 1, 2012 and that negotiated rulemaking will not apply to changes made by these amendments. (H. Rpt. 112-331, p. 1154)

Tribally Controlled Postsecondary Career and Technical Institutions
FY 2011 Enacted $8.14 million
FY 2012 Admin. Request $8.16 million
FY 2012 Enacted $8.13 million

These funds are provided to United Tribes Technical College and Navajo Technical College.

Strengthening Alaska Native and Native Hawaiian-Serving Institutions
FY 2011 Enacted $13.4 million, plus $15 million in mandatory
funding per HEA III-F, Sec. 371.
FY 2012 Admin. Request $15.0 million
FY 2012 Enacted $12.8 million, plus $15 million in mandatory
funding per HEA III-F, Sec. 371.

These funds are distributed to colleges serving at least twenty percent Alaska Native or ten percent Native Hawaiian students.

Strengthening Tribal Colleges
FY 2011 Enacted $26.8 million, plus $30 million in mandatory
funding per HEA III-F, Sec. 371.
FY 2012 Admin. Request $30.1 million
FY 2012 Enacted $25.7 million, plus $30 million in mandatory
funding per HEA III-F, Sec. 371.

Strengthening Native American Non-Tribal Institutions
FY 2011 Enacted $3.1 million, plus $5 million in mandatory
funding per HEA III-F, Sec. 371.
FY 2012 Admin. Request $3.6 million
FY 2012 Enacted $3.1 million, plus $5 million in mandatory
funding per HEA III-F, Sec. 371.

Fund for the Improvement of Postsecondary Education (FIPSE)
FY 2011 Enacted $ 19.6 million
FY 2012 Admin. Request $150.0 million
FY 2012 Enacted $ 3.4 million

TRIO Programs
FY 2011 Enacted $826.5 million
FY 2012 Admin. Request $920.0 million
FY 2012 Enacted $839.9 million

The FY 2012 budget justification had reported that at the higher request level, the TRIO programs would be as follows: Upward Bound discretionary ($324.9 million); Veterans Upward Bound ($43.6 million); Upward Bound Math-Science ($35 million); Upward Bound Mandatory (-0-, authorization expired 9/30/11); Educational Opportunity Centers ($47 million); Student Support Services ($300.6 million); the Ronald D. McNair Post-Baccalaureate Achievement Program ($47.5 million); Talent Search ($142.1 million); Staff Training ($3.6 million); Administration/Peer Review ($4.3 million), and Evaluation ($1.5 million).

GEAR UP
FY 2011 Enacted $302.8 million
FY 2012 Admin. Request $323.2 million
FY 2012 Enacted $302.2 million

The Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), authorized under the Higher Education Act Amendments of 1998, is designed to help low-income elementary and secondary school students become college-ready.

Teacher Quality Partnership Grants
FY 2011 Enacted $42.9 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $42.8 million

This program, authorized under Title II of the Higher Education Act Amendments of 1998, provides grants to states for teacher preparation and recruitment.
Campus-Based Child Care
FY 2011 Enacted $16.00 million
FY 2012 Admin. Request $16.03 million
FY 2012 Enacted $15.96 million

Among the eligible applicants for the program are tribal colleges.

OFFICE OF MUSEUM AND LIBRARY SERVICES

For FY 2012 the Act provides $3.8 million for Native American Library Services and $927,000 for Native American/Hawaiian Museum Services. Total funding for the Office of Museum and Library Services is $233 million, $5 million below FY 2011.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

FY 2011 Enacted $1.07 billion
FY 2012 Admin. Request $1.26 billion
FY 2012 Enacted $1.05 billion

The Corporation for National and Community Services has programs designated as Domestic Volunteer Services Programs (VISTA and several Senior Volunteer Corps programs) and National and Community Services Programs (including AmeriCorps). The House recommended elimination of the Corporation for National and Community Service.

CORPORATION FOR PUBLIC BROADCASTING

Funding for the Corporation for Public Broadcasting (CPB) is provided two years in advance. The FY 2012 appropriations Act will provide FY 2014 CPB core funding, most of which is distributed via a statutory formula to public television and radio stations. The House proposal was to provide no CPB funding and to prohibit local radio stations from using CPB funding to purchase programming from National Public Radio. Those proposals were not adopted by the conferees.

FY 2013 Enacted $445 million
FY 2014 Enacted $445 million

Five minority public broadcasting organizations collectively called the National Minority Consortia — Native American Public Telecommunications; Pacific Islanders in Communications; National Black Programming Consortium; Latino Public Broadcasting; and the Center for Asian American Media — receive operational and programming funds through the CPB budget.

Others who receive funding from the CPB include public and community radio stations, a number of which are Native-owned, and the Independent Television Service.

NATIONAL LABOR RELATIONS BOARD

The Act contains language designed to make it more difficult to organize unions by prohibiting the National Labor Relations Board from issuing any new administrative directive or regulation related to electronic voting. The Act states:
SEC. 405. None of the funds provided by this Act or previous Acts making appropriations for the National Labor Relations Board may be used to issue any new administrative directive or regulation that would provide employees any means of voting through any electronic means in an election to determine a representative for the purposes of collective bargaining.

Please let us know if we may provide further information or assistance regarding the FY 2012 Labor-HHS-Education and Related Agencies appropriations.

# # #

Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)
Marie Osceola-Branch (mosceola-branch@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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