[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3020 Reported in House (RH)]
Union Calendar No. 145
114th CONGRESS
1st Session
H. R. 3020
[Report No. 114-195]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2016, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2015
Mr. Cole, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
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, 2016, 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, 2016, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the Second Chance Act of
2007, $3,003,314,000, 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, $2,624,108,000 as follows:
(A) $776,736,000 for adult employment and training
activities, of which $64,736,000 shall be available for
the period July 1, 2016, through June 30, 2017, and of
which $712,000,000 shall be available for the period
October 1, 2016 through June 30, 2017;
(B) $831,842,000 for youth activities, which shall
be available for the period April 1, 2016 through June
30, 2017; and
(C) $1,015,530,000 for dislocated worker employment
and training activities, of which $155,530,000 shall be
available for the period July 1, 2016 through June 30,
2017, and of which $860,000,000 shall be available for
the period October 1, 2016 through June 30, 2017:
Provided, That notwithstanding section 128(a)(1) of the WIOA,
the amount available to the Governor for statewide workforce
investment activities shall not exceed 11 percent of the amount
allotted to the State from each of the appropriations under the
preceding subparagraphs;
(2) for national programs, $379,206,000 as follows:
(A) $74,000,000 for the dislocated workers
assistance national reserve, of which $14,800,000 shall
be available for the period July 1, 2016 through
September 30, 2017, and of which $59,200,000 shall be
available for the period October 1, 2016 through
September 30, 2017: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA 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 sections
168(b) and 169(c) of the WIOA may be used for technical
assistance and demonstration projects, respectively,
that provide assistance to new entrants in the
workforce and incumbent workers;
(B) $50,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2016 through June 30, 2017;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$75,885,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,517,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $494,000 for other
discretionary purposes, which shall be available for
the period July 1, 2016 through June 30, 2017:
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) $82,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2016 through June 30,
2017;
(E) $3,232,000 for technical assistance activities
under section 168 of the WIOA, which shall be available
for the period July 1, 2016 through June 30, 2017;
(F) $82,078,000 for ex-offender activities, under
the authority of section 169 of the WIOA and section
212 of the Second Chance Act of 2007, which shall be
available for the period April 1, 2016 through June 30,
2017: 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
(G) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2016 through June 30, 2017.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, 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 WIOA, $1,688,155,000, plus reimbursements,
as follows:
(1) $1,580,825,000 for Job Corps Operations, which shall be
available for the period July 1, 2016 through June 30, 2017;
(2) $75,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2016 through June 30, 2019, and which may
include the acquisition, maintenance, and repair of major items
of equipment: 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,
2017: 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; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2015 through September 30, 2016:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $434,371,000, which shall be available for
the period July 1, 2016 through June 30, 2017, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
state unemployment insurance and employment service operations
For authorized administrative expenses, $81,566,000, together with
not to exceed $3,468,557,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,715,550,000 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 $120,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment
services and referrals to training as appropriate, for all
claimants of unemployment insurance for ex-service members
under 5 U.S.C. 8521 et. seq. and for the claimants of regular
unemployment compensation who are profiled as most likely to
exhaust their benefits in each State, and $3,000,000 for
continued support of the Unemployment Insurance Integrity
Center of Excellence), the administration of unemployment
insurance for Federal employees and for ex-service members as
authorized under 5 U.S.C. 8501-8523, and the administration of
trade readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under sections 231(a) and 233(b) of
the Trade Adjustment Assistance Extension Act of 2011, and
shall be available for obligation by the States through
December 31, 2016, except that funds used for automation
acquisitions shall be available for Federal obligation through
December 31, 2016, and for State obligation through September
30, 2018, or, if the automation acquisition is being carried
out through consortia of States, for State obligation through
September 30, 2021, and for expenditure through September 30,
2022, and funds for competitive grants awarded to States for
improved operations, to conduct in-person assessments and
reviews and provide reemployment services and referrals,shall
be available for Federal obligation through December 31, 2016
and for obligation by the States through September 30, 2018,
and funds used for unemployment insurance workloads experienced
by the States through September 30, 2016 shall be available for
Federal obligation through December 31, 2016;
(2) $14,547,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $642,771,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2016 through June 30, 2017;
(4) $19,818,000 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;
(5) $75,871,000 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 $61,589,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $60,153,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2016
through June 30, 2017:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2016 is projected by the
Department of Labor to exceed 2,957,000, 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 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 to the entity operating the State
Information Data Exchange System: 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, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States under such
grants, subject to the conditions applicable to the grants: 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 the Secretary may collect 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,
which shall be credited to this appropriation and shall remain
available until September 30, 2017, for such purposes.
In addition, $30,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available for in-person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and to provide
reemployment services and referrals to training as appropriate, for the
claimants of regular unemployment compensation who are profiled as most
likely to exhaust their benefits in each State, which shall be
available for Federal obligations through December 31, 2016, and for
State obligation through September 30, 2018.
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
revolving fund established by section 901(e) of the Social Security
Act, 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, 2017.
program administration
For expenses of administering employment and training programs,
$107,636,000, together with not to exceed $50,732,000 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, $180,699,000.
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, 2016, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2016 shall be
available for obligations for administrative expenses in excess of
$431,799,000: 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 2016, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2017, for
obligation for administrative expenses for every 20,000 additional
terminated participants: 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, $215,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $42,000,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $100,500,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $112,665,000, together with $2,177,000 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; section 5(f) of the War Claims Act
(50 U.S.C. App. 2004); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $210,000,000, 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, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): 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, 2015,
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, 2016: 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, $62,170,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$21,140,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,668,000;
(4) For program integrity, $1,394,000; and
(5) 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, $69,302,000, 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 2017, $19,000,000, 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, $58,552,000, 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 2016 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $35,244,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$30,279,000 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, $535,000,000, including not to exceed $103,000,000
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 $499,000 per fiscal year of
training institute course tuition and 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, 2016, 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.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $371,000,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$8,441,000 for state assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, 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: Provided further, That notwithstanding 31 U.S.C. 3302, the
Mine Safety and Health Administration is authorized to collect and
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: Provided further, That
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: Provided further, That 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: Provided further, That 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: Provided further, That any funds available to
the Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $544,000,000,
together with not to exceed $65,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
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, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $284,229,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, 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 $8,161,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2017: Provided
further, That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through fair
and open competition: 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
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer:
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 $233,001,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2016 and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in
military treatment facilities or warrior transition units, and
to the spouses or other family caregivers of such wounded, ill,
or injured members;
(2) $14,100,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $40,487,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $38,109,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2016, to
provide services under such section: Provided further, That services
provided under section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $29,778,000.
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,
$79,000,000, together with not to exceed $5,660,000 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 III.
(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 individuals over the age of 16 who
are not currently enrolled in school within a local educational agency
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: Provided, That the preceding limitation shall
not apply to funding provided pursuant to solicitations for grant
applications issued prior to January 15, 2014.
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 III. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. 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: Provided, That this section shall not apply to
section 171 of the WIOA.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 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, 2017: 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'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``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'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Affairs'' and ``Women's Bureau'' within
the ``Departmental Management, Salaries and Expenses'' account, and
``Veterans Employment and Training''.
Sec. 108. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer is granted, the
employer may bring the nonimmigrants described in the petition
into the United States at any time during the 120-day period
beginning on the start date for which the employer is seeking
the services of the nonimmigrants without filing another
petition.
(2) Requirements for crossings after 90th day.--An employer
may not bring H-2B nonimmigrants into the United States after
the date that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants unless
the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers
on 2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time and
place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer who brings H-
2B nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the date of
need in violation of section 655.20(d) of title 20, Code of
Federal Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
(transfer of funds)
Sec. 109. (a) The Secretary may reserve not more than 0.25 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out information technology purchases
and upgrades for 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 Information Officer within the Department of Labor, and shall be
available for obligation through September 30, 2017: Provided, That
such funds shall only be available if the Chief Information Officer of
the Department of Labor submits a plan to the Committees on
Appropriations of the House of Representatives and the Senate
describing the purchases and upgrades to be carried out and an
explanation of why funds are not needed in the donor account 15 days in
advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Employment
and Training Administration Program Administration'', funding made
available for Federal administration within ``Job Corps'', ``Foreign
Labor Certification Program Administration'', ``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'', ``Veterans Employment and Training'', ``Bureau
of Labor Statistics'', and ``Office of Disability Employment Policy''.
Sec. 110. Notwithstanding any other provision of law, beginning
October 1, 2015, the Secretary of Labor, in consultation with the
Secretary of Agriculture may select an entity to operate a Civilian
Conservation Center on a competitive basis in accordance with section
147 of the WIOA, if the Secretary of Labor determines such Center has
had consistently low performance under the performance accountability
system in effect for the Job Corps program prior to July 1, 2016, or
with respect to expected levels of performance established under
section 159(c) of such Act beginning on July 1, 2016.
Sec. 111. None of the funds made available by this Act may be used
to implement, administer, or enforce the Establishing a Minimum Wage
for Contractors regulation published by the Department of Labor in the
Federal Register on October 7, 2014 (79 Fed. Reg. 60634 et seq.), with
respect to federal contracts, permits, or other contract-like
instruments entered into with the Federal Government in connection with
federal property or lands, related to offering seasonal recreational
services or seasonal recreation equipment rental for the general
public.
Sec. 112. None of the funds made available by this Act for
``Department of Labor--Departmental Management'' may be used to
establish the proposed Office of Labor Compliance.
Sec. 113. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed Definition
of the Term ``Fiduciary''; Conflict of Interest Rule--Retirement
Investment Advice regulation published by the Department of Labor in
the Federal Register on April 20, 2015 (80 Fed. Reg. 21928 et seq.).
Sec. 114. An Occupational Safety and Health Administration
inspector shall not administer, enforce, or otherwise implement any
policy or interpretation of the Occupational Safety and Health
Administration that allows an individual affiliated with a third party
organization to accompany such OSHA inspector on a walkaround
inspection except in accordance with applicable laws and regulations
and by a vote of approval of the employees of an affected worksite.
This title may be cited as the ``Department of Labor Appropriations
Act, 2016''.
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,
$1,491,522,000: Provided, That no more than $100,000 shall be available
until expended for carrying out the provisions of section 224(o) of the
PHS Act: Provided further, That no more than $99,893,000 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.
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, $742,670,000:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), 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
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act: Provided further,
That fees collected for the disclosure of information under section
427(b) of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to
recover the full costs of operating the programs authorized by such
sections and shall remain available until expended for the National
Practitioner Data Bank: 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,
$843,617,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $77,093,000 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 subparagraphs (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, $2,318,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2018, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
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, $106,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
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 of 1969, the Cardiac Arrest Survival Act of 2000, and sections 711
and 1820 of the Social Security Act, $147,471,000, of which $41,609,000
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, $14,942,000 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, $9,511,000 shall
be available for State Offices of Rural Health.
program management
For program support in the Health Resources and Services
Administration, $154,000,000: 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''.
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
$7,500,000 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, 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, $607,781,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,117,609,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, 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, $460,598,000: Provided, That
of the funds available under this heading, $30,000,000 shall be for the
Advanced Molecular Detection initiative.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$570,467,000: 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: Provided
further, That of the funds available under this heading, $10,000,000
shall be available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the highest
levels of obesity.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $133,510,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $496,597,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $145,580,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $211,300,000: Provided, That
of the funds provided under this heading, $70,000,000 shall be
available for an evidence-based prescription drug overdose prevention
program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 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,
$341,100,000.
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: 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, and XVII of the PHS Act with
respect to global health, $426,925,000, of which $128,425,000 for
international HIV/AIDS shall remain available through September 30,
2017: 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, 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, $1,460,836,000, of which $610,136,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the CDC activates the
Emergency Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 45 days to support the work of
the CDC Emergency Operations Center, so long as the Director provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
funds appropriated under this heading may be used to support a contract
for the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction, and
renovation of facilities, $10,000,000, which shall remain available
until September 30, 2020: Provided, That funds previously set-aside by
CDC for repair and upgrade of the Lake Lynn Experimental Mine and
Laboratory shall be used to acquire a replacement mine safety research
facility: Provided further, That in addition, the prior year
unobligated balance of any amounts in accounts of CDC made available
for Individual Learning Accounts shall be credited to and merged with
the amounts made available under this heading to support the
replacement of the mine safety research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $113,500,000: 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 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, 2017: Provided
further, That of the funds provided in this section the Director shall
support a comprehensive Institute of Medicine (IOM) report on the safe
sodium intake for healthy individuals.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,081,812,000, of which up to $16,000,000 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, $3,035,062,000.
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, $404,847,000.
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, $1,771,388,000.
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, $1,656,334,000.
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, $4,512,918,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,439,437,000, of which
$1,010,000,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $311,865,000 is provided for the
Institutional Development Awards program.
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, $1,305,586,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $698,108,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $675,783,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,518,421,000.
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,
$528,137,000.
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, $412,366,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $142,701,000.
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, $456,012,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,050,875,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,512,401,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $505,551,000.
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,
$338,360,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $127,585,000.
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,
$272,493,000.
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), $68,627,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $341,119,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2017: Provided
further, That in fiscal year 2016, 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'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $643,111,000: Provided, That up to
$9,947,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $480,636,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,539,726,000, of which up to $30,000,000 may 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 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
$165,000,000 shall be for the National Children's Study Alternative
(``NCS-A''): Provided further, That NIH shall submit a spend plan on
the NCS-A's next phase to the Committees on Appropriations of the House
of Representatives and the Senate not later than 90 days after the date
of enactment of this Act: Provided further, That $675,639,000 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: Provided further, That up to $130,000,000 of the funds
provided to the Common Fund are available to support the trans-NIH
Precision Medicine Initiative: Provided further, That, of the funds
from Institute, Center, and Office of the Director accounts within
``Department of Health and Human Services, National Institutes of
Health'' in order to strengthen privacy protections for human research
participants, NIH shall require investigators receiving NIH funding for
new and competing research projects designed to generate and analyze
large volumes of data derived from human research participants to
obtain a certificate of confidentiality.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research 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, $132,640,000, to remain available through
September 30, 2020.
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, $1,073,975,000: 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 section 520E(b)(2) of the PHS Act
shall not apply to funds appropriated in this Act for fiscal year 2016:
Provided further, That of the amount appropriated under this heading,
$45,887,000 shall be for the National Child Traumatic Stress Initiative
as described in section 582 of the PHS Act: Provided further, That
notwithstanding section 565(b)(1) of the PHS Act, technical assistance
may be provided to a public entity to establish or operate a system of
comprehensive community mental health services to children with a
serious emotional disturbance, without regard to whether the public
entity receives a grant under section 561(a) of such Act: Provided
further, That States shall expend at least 5 percent of the amount each
receives for carrying out section 1911 of the PHS Act to support
evidence-based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders, regardless
of the age of the individual at onset: Provided further, That none of
the funds provided for section 1911 of the PHS Act shall be subject to
section 241 of such 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, $2,196,856,000: Provided, That
none of the funds provided for section 1921 of the PHS Act shall be
subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $190,219,000.
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, $181,660,000: Provided, That, in
addition, fees may be collected for the costs of 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 amounts made
available in this Act for carrying out section 501(m) of the PHS Act
shall remain available through September 30, 2017: 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''.
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, $243,545,410,000, to remain available until
expended.
For making, after May 31, 2016, 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 2016 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 2017, $115,582,502,000, 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,
$283,171,800,000.
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, and the Clinical Laboratory Improvement Amendments of 1988,
not to exceed $3,325,690,000, 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,
2017: 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 the Secretary is directed to
collect fees in fiscal year 2016 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act: Provided
further, That none of the funds made available under this heading shall
be used to support research, demonstration, and evaluation activities:
Provided further, That of the total amount made available under this
heading, $2,195,823,000 shall be for Program Operations and
$732,533,000 shall be for Federal Administration: Provided further,
That none of the funds made available under this heading may be used to
support the Center for Consumer Information and Insurance Oversight or
activities developed, administered, or implemented by the Center.
In addition, not more than $975,917,000, shall be derived from
offsetting collections through the Clinical Laboratory Improvement Act,
Medicare Advantage, and Recovery Audit Contractors and shall be
credited to this account and remain available until September 30, 2017:
Provided, That no funds shall be derived from offsetting collections
through fees collected from qualified health plans offered through an
Exchange established under Public Law 111-148 to operate such an
Exchange: Provided further, That offsetting collections collected under
this authority by such Recovery Audit Contractors under such section
1893 shall be used only as additional funds to educate health care
providers on how to appropriately reduce errors, to support the Office
of Medicare Appeals to reduce its backlog, and to establish a process
to provide educational feedback from the Office of Medicare Appeals to
the Centers for Medicare and Medicaid Services to reduce the claims
overturn rate from the claims that are elevated to the Office of
Medicare Appeals.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $672,000,000, to remain available through
September 30, 2017, 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 $477,120,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage under Part C and the Medicare Prescription Drug Program under
Part D of the Social Security Act and for activities described in
section 1893(b) of such Act, of which $67,200,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, of which $67,200,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $60,480,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2016 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: Provided further, 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 $361,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(C) of such Act: Provided further, That the Secretary shall
support the full cost of the Senior Medicare Patrol program to combat
health care fraud and abuse from the funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $3,256,743,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2017, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, 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) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $3,365,304,000:
Provided, That all but $491,000,000 of this amount shall be allocated
as though the total appropriation for such payments for fiscal year
2016 were less than $1,975,000,000: Provided further, That
notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $2,988,000 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 and may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit organizations.
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,
and 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, the Trafficking Victims Protection Act of
2000 (``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief Act of
1998, $1,429,884,000, of which $1,403,394,000 shall remain available
through September 30, 2018 for carrying out such sections 414, 501,
462, and 235: Provided, That amounts available under this heading to
carry out such section 203 and the TVPA shall also be available for
research and evaluation with respect to activities under those
authorities: Provided further, That the limitation in section 206 of
this Act regarding transfers increasing any appropriation shall apply
to transfers to appropriations under this heading by substituting ``10
percent'' for ``3 percent''.
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''), $2,435,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That, in addition to the amounts required to
be reserved by the States under section 658G of the CCDBG Act,
$125,562,000 shall be for activities that improve the quality of infant
and toddler care: Provided further, That $9,851,000 shall be for use by
the Secretary for child care research, demonstration, and evaluation
activities: Provided further, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act.
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 473A, 477 (i), 1110, 1114A, and
1115 of the Social Security Act; for making payments under the
Community Services Block Grant Act (``CSBG 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 by the
Administration for Children and Families under the Developmental
Disabilities Assistance and Bill of Rights Act and the Help America
Vote Act of 2002, $10,551,595,000, of which $37,943,000, to remain
available through September 30, 2017, shall be for grants to States for
adoption and legal guardianship incentive payments, as authorized by
section 473A of the Social Security Act and may be made for adoptions
completed before September 30, 2016: Provided, That $8,790,095,000
shall be for making payments under the Head Start Act: Provided
further, That of the amount in the previous proviso, $8,140,095,000
shall be available for payments under section 640 of the Head Start
Act, of which $42,191,000 shall be available for a cost of living
adjustment notwithstanding section 640(a)(3)(A) of such Act: Provided
further, That of the amount provided for making payments under the Head
Start Act, $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: 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
the 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 notwithstanding section 640 of the Head Start
Act, of the amount provided for making payments under the Head Start
Act, and in addition to funds otherwise available under section 640 for
such purposes, $650,000,000 shall be available through March 31, 2017
for Early Head Start programs as described in section 645A of such Act,
for conversion of Head Start services to Early Head Start services as
described in section 645(a)(5)(A) of such Act, and for discretionary
grants for high quality infant and toddler care through Early Head
Start-Child Care Partnerships, to entities defined as eligible under
section 645A(d) of such Act, with such funds in this Act and Public Law
113-76 not included in the calculation of the ``base grant'' for the
current or any subsequent fiscal year as such term is used in section
640(a)(7)(A) of the Head Start Act, and, notwithstanding section
645A(c)(2) of such Act, these funds are available to serve children
under age 4: Provided further, That of the amount made available in the
immediately preceding proviso, up to $11,000,000 shall be available for
the Federal costs of administration and evaluation activities of the
program described in such proviso: Provided further, That $710,383,000
shall be for making payments under the CSBG Act: Provided further, That
$36,733,000 shall be for sections 680 and 678E(b)(2) of the CSBG Act,
of which not less than $29,883,000 shall be for section 680(a)(2) and
not less than $6,500,000 shall be for section 680(a)(3)(B) of such 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 the Secretary shall
issue performance standards for nonprofit organizations receiving funds
from State and territorial grantees under the CSBG Act, and such States
and territories shall assure the implementation of such standards prior
to September 30, 2016, and include information on such implementation
in the report required by section 678E(2) of such Act: 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 $1,864,000 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, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $4,952,550,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2017,
$2,300,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, 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''), titles III and XXIX of the PHS Act,
sections 1252 and 1253 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, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, the Assistive Technology Act of 1998, titles
II and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973 , and for Department-wide coordination of
policy and program activities that assist individuals with
disabilities, $1,892,243,000, 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 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: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs that
provide for the purchase of assistive technology devices, such as a
low-interest loan fund; an interest buy-down program; a revolving loan
fund; a loan guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information describing
the manner in which, the alternative financing program will expand and
emphasize consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are directed
by and operated for individuals with disabilities shall be eligible to
compete: Provided further, That in addition, the unobligated balance of
amounts previously made available for the Health Resources and Services
Administration to carry out functions under sections 1252 and 1253 of
the PHS Act shall be transferred to this account, except for such sums
as may be necessary to provide for an orderly transition of such
functions to the Administration for Community Living: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to institute or pursue any legal action in a Federal or
State court on behalf of an individual with a developmental disability
(as defined in section 102(8)(A) of the Developmental Disabilities and
Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that
is attributable to a mental impairment (or a combination of mental and
physical impairments), unless such system has first obtained written
consent from the individual or, in the case of mental incapacitation,
the individual's legal guardian, to institute or pursue such suit.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$361,394,000, together with $58,028,000 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, $52,224,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $15,000,000 shall be to carry out section 224 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C.
290aa note): Provided further, That of the funds made available under
this heading, $10,000,000 shall be for making competitive contracts and
grants to public and private entities for age appropriate programs that
reduce teen pregnancy and for the Federal costs of administering and
evaluating such contracts and grants, and $10,000,000 shall be for
making competitive grants which exclusively implement education in
sexual risk avoidance (defined as voluntarily refraining from non-
marital sexual activity): Provided further, That funding for such
competitive grants for sexual risk avoidance shall use medically
accurate information referenced to peer-reviewed publications by
educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired
outcomes for the intended audience; and teach the benefits associated
with self-regulation, success sequencing for poverty prevention,
healthy relationships, goal setting, and resisting sexual coercion,
dating violence, and other youth risk behaviors such as underage
drinking or illicit drug use without normalizing teen sexual activity:
Provided further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs:
Provided further, That funds provided in this Act for embryo adoption
activities may be used to provide to individuals adopting embryos,
through grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided further, That
such services shall be provided consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $87,381,000, 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, $60,367,000.
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,
$75,000,000: 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.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
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
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, $844,523,000, of which $415,000,000 shall remain
available through September 30, 2017, 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: Provided, That funds provided under
this heading for the purpose of acquisition of security countermeasures
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: Provided further, That $5,000,000 of the amounts made available to
support emergency operations shall remain available through September
30, 2018.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $255,000,000, to
remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $72,000,000; of which $40,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
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 III.
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 2.4 percent
or $1,068,000,000, whichever is less, of any amounts appropriated for
programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(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 2016:
(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. 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. 215. 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 sections 736, 739, or 747 of the PHS Act for
health service research.
Sec. 216. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 217. (a) The Secretary shall establish a publicly accessible
Web site to provide information regarding the uses of funds made
available under section 4002 of the Patient Protection and Affordable
Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of the ACA,
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 2013 through 2016,
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.
(transfer of funds)
Sec. 218. (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 (``ACA'') 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 accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, 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. 219. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section:
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 220. (a) The Secretary shall publish in the fiscal year 2017
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 Patient Protection and
Affordable Care Act of 2010 (``ACA''), and the amendments made by that
Act, in the proposed fiscal year and the 4 prior fiscal years.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (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 the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA;
(3) or who work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price contracts.
Sec. 221. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2016
under section 338B of such Act.
Sec. 222. In addition to amounts provided herein, payments made
for research organisms or substances, authorized under section 301(a)
of the PHS Act, shall be retained and credited to the appropriations
accounts of the Institutes and Centers of the NIH making the substance
or organism available under section 301(a). Amounts credited to the
account under this authority shall be available for obligation through
September 30, 2017.
Sec. 223. The Secretary shall publish, as part of the fiscal year
2017 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Marketplaces for each fiscal year since the enactment
of the Patient Protection and Affordable Care Act (Public Law 111-148)
and the proposed uses for such funds for fiscal year 2017. Such
information shall include, for each such fiscal year--
(1) the amount of funds used for each activity specified
under the heading ``Health Insurance Marketplace Transparency''
in the committee report accompanying this Act; and
(2) the milestones completed for data hub functionality and
implementation readiness.
Sec. 224. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--
Program Management'' account, may be used for payments under section
1342(b)(1) of Public Law 111-148 (relating to risk corridors).
(rescission)
Sec. 225. (a) The ``Nonrecurring expenses fund'' established in
section 223 of division G of Public Law 110-161 is terminated, the
amount of expired discretionary funds available for reappropriation by
transfer into such Fund under such section is reduced to $0, and the
unobligated balance of amounts available in such Fund is rescinded.
(b) Section 223 of division G of Public Law 110-161 is repealed.
(c) Subsections (a) and (b) shall take effect on October 1, 2015.
(including transfer of funds)
Sec. 226. (a) Termination.--Effective October 1, 2015, the Agency
for Healthcare Research and Quality is terminated.
(b) Activities in connection with termination.--
(1) In general.--The Secretary--
(A) shall take such actions as may be necessary for
orderly termination of the Agency for Healthcare
Research and Quality, which may include,
notwithstanding subsection (c), the provision of fiscal
year 2016 continuation funding for Agency grants; and
(B) to support such actions, shall use
discretionary amounts made available by this Act for
accounts of HHS, to be derived on a proportional basis
from all such accounts.
(2) Unobligated balances.--Any unobligated balances of
funds appropriated to the Agency for Healthcare Research and
Quality are hereby rescinded.
(c) Activities by other agencies.--An agency may carry out an
activity that, on the date of the enactment of this Act, is being
carried out by the Agency for Healthcare Research and Quality only if--
(1) the agency has authority to carry out such activity
under other provisions of law;
(2) the head of such agency determines that such activity--
(A) incorporates high-quality activities that
support the mission of the agency; and
(B) does not expand the authority of such agency or
duplicate ongoing efforts of such agency; and
(3) the activity relates to--
(A) in the case of the NIH, biomedical research;
(B) in the case of the CDC, disease control and
prevention activities;
(C) in the case of the Office of the National
Coordinator for Health Information Technology, health
information technology activities; and
(D) in the case of the Office of the Assistant
Secretary for Health, patient safety activities.
(d) Transfer of Preventive Services Task Force.--Subsection (a) of
section 915 of the PHS Act (42 U.S.C. 299b-4)--
(1) is amended to read as such subsection was in effect on
March 1, 2010;
(2) is further amended--
(A) in paragraph (1), by striking ``The Director''
and inserting ``The Assistant Secretary for Health'' ;
and
(B) in paragraph (2)--
(i) by striking ``agency'' and inserting
``assistant Secretary'' ; and
(ii) by striking ``The Agency'' and
inserting ``The Assistant Secretary for
Health'' ;
(3) is redesignated as subsection (n); and
(4) is transferred to the end of section 317 of the PHS Act
(42 U.S.C. 247b).
Sec. 227. The Secretary shall include in the fiscal year 2017
budget justification an analysis of how section 2713 of the PHS Act
will impact eligibility for discretionary HHS programs.
Sec. 228. Notwithstanding any other provision of law, none of the
discretionary funds appropriated by this Act may be used to support any
patient-centered outcomes research.
Sec. 229. None of the funds appropriated in this Act may be used
to carry out title X of the PHS Act.
Sec. 230. None of the funds appropriated in this Act may be used
to implement, further, enforce, or advance the Navigators program as
provided under Section 1311(i) of Public Law 111-148 and title I and
subtitle B of title II of Public Law 111-152.
(rescission)
Sec. 231. The following unobligated balances of amounts
appropriated prior to fiscal year 2007 for ``Department of Health and
Human Services-Health Resources and Services Administration'' are
hereby permanently rescinded:
(1) $281,003 made available to carry out section 1610(b) of the PHS
Act;
(2) $3,611 made available to carry out section 1602(c) of the PHS
Act;
(3) $105,576 made available in section 167 of Division H of Public
Law 108-199; and
(4) $55,793 made available for the National Cord Blood Stem Cell
Bank Program.
Sec. 232. None of the funds made available by this Act may be used
to release or implement the final version of the eighth edition of the
Dietary Guidelines for Americans, revised pursuant to section 301 of
the National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341), unless the Secretary of Agriculture and the Secretary of
Health and Human Services comply with each of the following
requirements:
(1) Each revision to any nutritional or dietary information
or guideline contained in the 2010 edition of the Dietary
Guidelines for Americans and any new nutritional or dietary
information or guideline to be included in the eighth edition
of the Dietary Guidelines for Americans--
(A) shall be based on scientific evidence that has
been rated ``Grade I: Strong'' by the grading rubric
developed by the Nutrition Evidence Library of the
Department of Agriculture; and
(B) shall be limited in scope to only matters of
diet and nutrient intake.
(2) The Secretaries shall release a preliminary draft of
the eighth edition of the Dietary Guidelines for Americans,
including a list of the scientific studies and evidence
supporting each revised or new nutritional or dietary
information or guideline, for a period of public comment of at
least 90 days.
(3) Following the end of the public comment period, the
Secretaries shall provide a period for agency review of public
comments of at least 60 days.
Sec. 233. (a) None of the funds described in subsection (b) may be
used to issue or facilitate the issuance of any recommendations of the
United States Preventive Services Task Force with respect to breast
cancer screening, mammography, and prevention.
(b) For purposes of subsection (a), funds described in this
subsection include the following:
(1) Funds appropriated by this Act (including funds
appropriated to any trust fund).
(2) Funds provided under previous appropriations Acts to
the agencies funded by this title that remain available for
obligation or expenditure.
(3) Funds provided to any trust fund other than under this
Act that remain available for obligation or expenditure.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2016''.
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''),
$14,869,641,000, of which $3,987,006,000 shall become available on July
1, 2016, and shall remain available through September 30, 2017, and of
which $10,841,177,000 shall become available on October 1, 2016, and
shall remain available through September 30, 2017, for academic year
2016-2017: Provided, That $6,459,401,000 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, 2015, 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 $3,294,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,294,050,000 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
$37,474,000 shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA, $1,298,603,000,
of which $1,161,233,000 shall be for basic support payments under
section 8003(b), $48,316,000 shall be for payments for children with
disabilities under section 8003(d), $17,406,000 shall be for
construction under section 8007(a), $66,813,000 shall be for Federal
property payments under section 8002, and $4,835,000, 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 2015-2016, 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 part A
of title II, part B of title IV, parts A and B of title VI, and parts B
and C of title VII of the ESEA; the McKinney-Vento Homeless Assistance
Act; section 203 of the Educational Technical Assistance Act of 2002;
the Compact of Free Association Amendments Act of 2003; and the Civil
Rights Act of 1964, $3,500,720,000, of which $1,686,555,000 shall
become available on July 1, 2016, and remain available through
September 30, 2017, and of which $1,681,441,000 shall become available
on October 1, 2016, and shall remain available through September 30,
2017, for academic year 2016-2017: 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 $43,600,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such arrangements
as determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section: Provided
further, That $16,699,000 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 the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That up to 3.2
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, including for civic education instruction, to national not-
for-profit organizations: Provided further, That none of the funds made
available by this Act shall be used to allow 21st Century Community
Learning Centers initiative funding for expanded learning time that
adds additional learning hours to the school day, additional days to
the school week, or additional days to the school year.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $143,939,000.
Innovation and Improvement
For carrying out activities authorized by part B of title V of the
ESEA,$275,000,000: Provided, That of the funds available for part B of
title V of the ESEA, the Secretary shall use up to $11,000,000 to carry
out activities under section 5205(b) and shall use not less than
$13,000,000 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 up to
$75,000,000 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 not less than $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 funds
available for part B of title V of the ESEA may be used for grants that
support preschool education in 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 rights 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 one of the most important factors when determining to renew or
revoke a school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 1 of part D of
title V of the ESEA, $56,754,000, which shall remain available through
December 31, 2016 for Promise Neighborhoods.
English Language Acquisition
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2016, and shall remain
available through September 30, 2017, except that 6.5 percent of such
amount shall be available on October 1, 2015, and shall remain
available through September 30, 2017, 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), $13,024,510,000, of which $3,367,611,000 shall become available
on July 1, 2016, and shall remain available through September 30, 2017,
and of which $9,424,183,000 shall become available on October 1, 2016,
and shall remain available through September 30, 2017, for academic
year 2016-2017: 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 2015, 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 2015:
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, notwithstanding the provision in section
612(a)(18)(B) regarding the fiscal year in which a State's allocation
under section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply the
reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): 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 that would have been required in the absence of that failure and
not the LEA's reduced level of expenditures: Provided further, That the
Secretary may use funds made available for the State Personnel
Development Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,529,605,000, of which $3,391,770,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $25,431,000.
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, $68,016,000: 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, $121,275,000: 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 (``AEFLA''), $1,700,609,000, of which
$909,609,000 shall become available on July 1, 2016, and shall remain
available through September 30, 2017, and of which $791,000,000 shall
become available on October 1, 2016, and shall remain available through
September 30, 2017: Provided, That of the amount provided for Adult
Education State Grants, $71,439,000 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, $10,240,000 shall be for national
leadership activities under section 243.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $23,828,210,000, which shall remain available
through September 30, 2017.
The maximum Pell Grant for which a student shall be eligible during
award year 2016-2017 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,446,924,000, to remain available through
September 30, 2017.
Higher Education
For carrying out, to the extent not otherwise provided, titles 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, $1,909,042,000: Provided,
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 up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation.
Howard University
For partial support of Howard University, $221,821,000, of which
not less than $3,405,000 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,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $19,096,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2017: 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 $303,593,000: 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, $334,000.
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, $409,956,000, which shall remain available through
September 30, 2017: 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 $6,000,000 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: Provided further, That
$137,235,000 shall be for carrying out activities authorized by the
National Assessment of Educational Progress Authorization Act.
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, $410,000,000.
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, $100,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $59,256,000.
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 ``2016'' for ``2009''.
Sec. 307. The Secretary, in consultation with the Director of the
Institute of Education Sciences, may reserve funds under section 9601
of the ESEA (subject to the limitations in subsections (b) and (c) of
that section) in order to carry out activities authorized under
paragraphs (1) and (2) of subsection (a) of that section with respect
to any ESEA program funded in this Act and without respect to the
source of funds for those activities: Provided, That high-quality
evaluations of ESEA programs shall be prioritized, before using funds
for any other evaluation activities: Provided further, That any funds
reserved under this section shall be available from July 1, 2016
through September 30, 2017: Provided further, That not later than 10
days prior to the initial obligation of funds reserved under this
section, the Secretary, in consultation with the Director, shall submit
an evaluation plan to the Senate Committees on Appropriations and
Health, Education, Labor, and Pensions and the House Committees on
Appropriations and Education and the Workforce which identifies the
source and amount of funds reserved under this section, the impact on
program grantees if funds are withheld, the programs to be evaluated
with such funds, how ESEA programs will be regularly evaluated, and how
findings from evaluations completed under this section will be widely
disseminated.
Sec. 308. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2016 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 309. None of the funds made available by this Act may be used
to--
(1) implement, administer, or enforce the final regulations on
``Program Integrity: Gainful Employment'' published by the Department
of Education on October 31, 2014 (79 Fed. Reg. 64889 et seq.); or
(2) promulgate or enforce any new regulation or rule with respect
to the definition or application of the term ``gainful employment''
under the Higher Education Act of 1965 on or after the date of
enactment of this Act.
Sec. 310. None of the funds made available by this Act may be used
to--
(1) implement, administer, or enforce the definition of the term
``credit hour'' in section 600.2 of title 34, Code of Federal
Regulations, as added by the final regulations published by the
Department of Education in the Federal Register on October 29, 2010 (75
Fed. Reg. 66946) and clauses (i)(A), (ii), and (iii) of subsection
(k)(2) of section 668.8 of such title, as amended by such final
regulations; or
(2) promulgate or enforce any new regulation or rule with respect
to the definition or application of the term ``credit hour'' under the
Higher Education Act of 1965 on or after the date of enactment of this
Act.
Sec. 311. None of the funds made available by this Act may be used
to implement, administer or enforce section 600.4(a)(3), 600.5(a)(4),
600.6(a)(3), 600.9, or 668.43(b) of title 34, Code of Federal
Regulations (relating to state authorization), as added or amended by
the final regulations published by the Department of Education in the
Federal Register on October 29, 2010 (75 Fed. Reg. 66832 et. seq.); or
as added or amended by the negotiated rulemaking committee established
after the notice of intention to establish such a committee published
in the Federal Register on November 20, 2013 (78 Fed. Reg. 69612).
Sec. 312. None of the funds made available by this Act may be used
to develop, refine, promulgate, publish, implement, administer,
maintain, or enforce a Postsecondary Institution Ratings System (PIRS),
for which feedback was solicited in the Request for Information
published by the Department of Education in the Federal Register on
December 17, 2013 (78 Fed. Reg. 76289 et seq.), or any other system
intended to rate the performance of institutions of higher education.
Sec. 313. None of the funds made available by this Act may be used
to promulgate or enforce the proposed rule published by the Office of
Postsecondary Education of the Department of Education in the Federal
Register on December 3, 2014 (79 Fed. Reg. 71820 et seq.) relating to
teacher preparation issues or any substantially similar rule.
This title may be cited as the ``Department of Education
Appropriations Act, 2016''.
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,
$5,362,000: Provided, That a central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, and any
other nongovernmental organization authorized to charge a fee under
section 51-3.5 of title 41, Code of Federal Regulations (referred to in
this paragraph as a ``CNA fee''), may not charge a CNA fee to a
nonprofit agency except pursuant to a contract entered into in advance
with the AbilityOne Commission: Provided further, That a separate
contract shall be entered into under the preceding proviso in the case
of each nonprofit agency proposed to be charged a CNA fee: Provided
further, That a CNA fee shall be paid directly to the AbilityOne
Commission and may be remitted to a central nonprofit agency or other
nongovernmental organization only pursuant to the terms of a contract
entered into under the preceding provisos: Provided further, That a
contract entered into under the preceding provisos shall contain such
auditing, oversight, and reporting provisions as are required by the
Administrator for Federal Procurement Policy, in consultation with the
Administrator of General Services and the Secretary of Defense.
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''), $612,527,000,
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, 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 grant cycle.
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, $50,000,000, 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, $20,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,250,000.
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 2016, 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.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act:
(1) Entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA''); and
(2) Individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``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 2018, $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,
$48,748,000, including up to $400,000 to remain available through
September 30, 2017, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training activities
and other conflict resolution services and technical assistance,
including those provided to foreign governments and international
organizations, and for arbitration services shall be credited to and
merged with this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be available
only for education, training, and professional development of the
agency workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,085,000.
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,
$227,860,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,765,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,925,000, 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, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $200,000,000: 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.
administrative provisions
Sec. 406. 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.
Sec. 407. None of the funds made available by this Act may be used
to implement or enforce any rule amending parts 101, 102, and 103 of
title 29, Code of Federal Regulations (relating to the filing and
processing of petitions pursuant to the representation of employees for
the purposes of collective bargaining with their employer), including
the final rule published by the National Labor Relations Board in the
Federal Register on December 15, 2014 (79 Fed. Reg. 74308).
Sec. 408. None of the funds made available by this Act may be used
to investigate, issue, enforce or litigate any administrative
directive, regulation, representation issue or unfair labor practice
proceeding or any other administrative complaint, charge, claim or
proceeding that would change the interpretation or application of a
standard to determine whether entities are ``joint employers'' in
effect as of January 1, 2014.
Sec. 409. (a) None of the funds made available by this Act may be
used to enforce the National Labor Relations Act (29 U.S.C. 152)
against any Indian tribe, including any enterprise or institution owned
and operated by an Indian tribe and located on its Indian lands.
(b) For purposes of this section--
(1) the term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, Native Alaskan group, or other organized group
or community which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians;
(2) the term ``Indian'' means any individual who is a
member of an Indian tribe; and
(3) the term ``Indian lands''' means--
(A) all lands within the limits of any Indian
reservation;
(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian tribe or individual or held by any Indian tribe
or individual subject to restriction by the United
States against alienation; and
(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
federally recognized Indian tribe.
Sec. 410. (a)(1) Except as provided in paragraph (2), none of the
funds made available by this Act may be used to implement, create,
apply, or enforce through prosecution, adjudication, rulemaking, or the
issuing of any interpretation, opinion, certification, decision, or
policy, any standard for initial bargaining unit determinations that
conflicts with the standard articulated in the majority opinion in
Wheeling Island Gaming Inc. and United Food and Commercial Workers
International Union, Local 23, 355 NLRB 127 (August 27, 2010)
(including the majority opinion in footnote 2).
(2) Paragraph (1) shall not apply with respect to unit
determinations that are covered under section 103.30 of title 29, Code
of Federal Regulations.
(b) None of the funds made available by this Act may be used to
implement, create, apply, or enforce through prosecution, adjudication,
rulemaking, or the issuing of any interpretation, opinion,
certification, decision or policy, any standard for initial bargaining
unit determinations that utilize the overwhelming community of interest
test except in accretion cases.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,230,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $12,639,000.
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, $29,000,000,
which shall include amounts becoming available in fiscal year 2016
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, 2017, 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, $111,225,000, 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: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013.
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 $8,437,000, 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), 217(g), 228(g), and 1131(b)(2) of the Social Security
Act, $20,400,000.
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,
$46,232,978,000, 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 $101,000,000 shall be
available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2018.
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 2017, $14,500,000,000, 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 $10,284,945,000 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 $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That funds provided under this paragraph may
not be used for the costs associated with conducting continuing
disability reviews under titles II and XVI of the Social Security Act
or conducting redeterminations of eligibility under title XVI of the
Social Security Act: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year 2016 not
needed for fiscal year 2016 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, $1,396,000,000 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 $1,123,000,000 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, $136,000,000 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 2016
exceed $136,000,000, the amounts shall be available in fiscal year 2017
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $78,795,000, 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 relationships or 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, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future 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 2016, 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 consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(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 2016, 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 consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
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 2016 that are different than those
specified in this Act, the accompanying detailed table in the committee
report accompanying this Act, or the fiscal year 2016 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 2016, 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 in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
(rescission)
Sec. 521. Of the funds made available for fiscal year 2016 [for
the Independent Payment Advisory Board] under section 3403 of Public
Law 111-148, $15,000,000 are rescinded.
Sec. 522. 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. 523. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 524. None of the funds made available in this Act may be used
to implement, administer, enforce, or further any provision of Public
Law 111-148 or title I or subtitle B of title II of Public Law 111-152
and the amendment made by such provision: Provided, That funds in this
Act may be used to implement, administer, enforce, or further the rate
setting process for calendar year 2016 and fiscal year 2017 for
Medicare under title XVIII of the Social Security Act: Provided
further, That funds in this Act may be used to implement, administer,
enforce, or further the final rules for the provisions of (and
amendments made by) sections 2501(c), 2501(d), and 2503 of Public Law
111-148, as amended by sections 1206(a) and 1101(c) of Public Law 111-
152, insofar as each respective rule relates to calendar year 2016.
(rescission)
Sec. 525. Of the funds made available [for the Consumer Operated
and Oriented Plan] under section 1322 of Public Law 111-148,
$18,000,000 is rescinded.
(rescission)
Sec. 526. Any funds appropriated to the Health Insurance Reform
Implementation Fund under section 1005 of Public Law 111-152 that, as
of the date of the enactment of this Act, are unobligated are hereby
rescinded.
(rescission)
Sec. 527. Of the funds made available [for the Center for Medicare
& Medicaid Innovation] under section 3021(a) of Public Law 111-148,
$6,800,000,000 is rescinded.
(rescission)
Sec. 528. Of the funds made available for fiscal year 2016 [for
the Patient-Centered Outcomes Research Trust Fund] under section
6301(e) of Public Law 111-148, $100,000,000 is rescinded.
Sec. 529. None of the funds made available under this or any other
Act, or any prior Appropriations Act, may be provided to the
Association of Community Organizations for Reform Now (ACORN), or any
of its affiliates, subsidiaries, allied organizations, or successors.
Sec. 530. (a) Short Title.--This section may be cited as the
``Health Care Conscience Rights Act''.
(b) Findings.--Congress finds the following:
(1) As Thomas Jefferson declared to New London Methodists
in 1809, ``[n]o provision in our Constitution ought to be
dearer to man than that which protects the rights of conscience
against the enterprises of the civil authority''.
(2) Jefferson's conviction on respect for conscience is
deeply embedded in the history and traditions of our Nation,
and codified in numerous Federal laws approved by congressional
majorities and Presidents of both parties, including in the
Public Health Service Act; the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act; the Religious Freedom
Restoration Act; longstanding provisions on respect for
conscience rights in the Federal Employees Health Benefits
Program and District of Columbia appropriations; and laws to
protect individuals from being forced to participate in Federal
executions or prosecutions.
(3) Following enactment of the Patient Protection and
Affordable Care Act (Public Law 111-148, in this section
referred to as ``PPACA''), the Federal Government has sought to
impose specific requirements that infringe on the rights of
conscience of those who offer or purchase health coverage.
(4) While PPACA provides an exemption for some religious
groups that object to participation in health insurance
generally, and exempts millions of Americans from most of the
Act's provisions, including the preventive services mandate, it
fails to provide statutory protection for those seeking to
offer and purchase health coverage who have a religious or
moral objection only to specific items or services.
(5) Nurses and other health care providers have
increasingly been subjected to discrimination for abiding by
their conscience rather than providing, paying for, or
referring for abortion.
(6) Conscience rights protections for health care providers
are an important part of civil rights protections in Federal
law and are indispensable to the continued viability of the
health care system in the United States. The increasingly
significant discrimination suffered by faith-based nonprofit
health care providers risks undermining access to high-quality
compassionate care for some of the most vulnerable populations
in our country.
(c) Applying Longstanding Policy on Conscience Rights to the
Affordable Care Act.--
(1) In general.--Title I of the Patient Protection and
Affordable Care Act (Public Law 111-148) is amended--
(A) by redesignating the second section 1563
(relating to conforming amendments and as redesignated
by section 10107(b)(1) of the Patient Protection and
Affordable Care Act) as section 1564;
(B) by redesignating the third section 1563
(relating to the Sense of the Senate promoting fiscal
responsibility) as section 1565; and
(C) by adding at the end the following new section:
``SEC. 1566. RESPECTING CONSCIENCE RIGHTS IN HEALTH CARE COVERAGE.
``(a) In General.--Notwithstanding any other provision of this
title, no provision of this title (and no amendment made by any such
provision) shall--
``(1) require an individual to purchase individual health
insurance coverage that includes coverage of an abortion or
other item or service to which such individual has a moral or
religious objection, or prevent an issuer from offering or
issuing, to such individual, individual health insurance
coverage that excludes such item or service;
``(2) require a sponsor (or, in the case of health
insurance coverage offered to students through an institution
of higher education, the institution of higher education
offering such coverage) to sponsor, purchase, or provide any
health benefits coverage or group health plan that includes
coverage of an abortion or other item or service to which such
sponsor or institution, respectively, has a moral or religious
objection, or prevent an issuer from offering or issuing to
such sponsor or institution, respectively, health insurance
coverage that excludes such item or service;
``(3) require an issuer of health insurance coverage or the
sponsor of a group health plan to include, in any such coverage
or plan, coverage of an abortion or other item or service to
which such issuer or sponsor has a moral or religious
objection; or
``(4) authorize the imposition of a tax, penalty, fee,
fine, or other sanction, or the imposition of coverage of the
item or service to which there is a moral or religious
objection, in relation to health insurance coverage or a group
health plan that excludes an item or service pursuant to this
section.
``(b) Restriction on Contrary Governmental Action.--No provision in
this title (or amendment made by such provision) or law, regulation,
guideline or other governmental action that implements such provision
or amendment, or derives its authority therefrom, shall be given legal
effect to the extent that it violates this section.
``(c) No Effect on Other Laws.--Nothing in this section shall be
construed to preempt, modify, or otherwise have any effect on--
``(1) the Civil Rights Act of 1964;
``(2) the Americans with Disabilities Act of 1990;
``(3) the Pregnancy Discrimination Act of 1978;
``(4) the Mental Health Parity Act of 1996; or
``(5) any other State or Federal law, other than a
provision in this title (or an amendment made by such
provision) or a law, regulation, guideline or other
governmental action that implements such provision or amendment
or derives its authority therefrom.
``(d) Aggregate Actuarial Value.--Nothing in this section shall be
construed to prohibit the Secretary from issuing regulations or other
guidance to ensure that health insurance coverage or group health plans
excluding abortion or other items or services under this section shall
have an aggregate actuarial value at least equivalent to that of health
insurance coverage or group health plans at the same level of coverage
that do not exclude such items or services.
``(e) Continued Application of Nondiscrimination Rules.--Nothing in
this section shall be construed to permit a health insurance issuer,
group health plan, or other health care provider to act in a manner
inconsistent with subparagraph (B) or (D) of section 1302(b)(4).''.
(2) Clerical amendment.--The table of contents of the
Patient Protection and Affordable Care Act (Public Law 111-148)
is amended--
(A) by striking the following items:
``1563. Conforming amendments.
``1563. Sense of the Senate promoting fiscal responsibility.'';
and
(B) by inserting after the item relating to the
section 1563 relating to small business procurement the
following items:
``1564. Conforming amendments.
``1565. Sense of the Senate promoting fiscal responsibility.
``1566. Respecting conscience rights in health coverage.''.
(d) Abortion Nondiscrimination for Health Care Providers.--Section
245 of the Public Health Service Act (42 U.S.C. 238n) is amended--
(1) in the section heading, by striking ``and licensing of
physicians'' and inserting ``, licensing, and practice of
physicians and other health care entities'';
(2) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) the entity refuses--
``(A) to undergo training in the performance of
induced abortions;
``(B) to require or provide such training;
``(C) to perform, participate in, provide coverage
of, or pay for induced abortions; or
``(D) to provide referrals for such training or
such abortions;'';
(3) in subsection (b)(1), by striking ``standards'' and
inserting ``standard'';
(4) in subsection (c), by amending paragraphs (1) and (2)
to read as follows:
``(1) The term `financial assistance', with respect to a
government program, means governmental payments to cover the
cost of health care services or benefits, or other Federal
payments, grants, or loans to promote or otherwise facilitate
health-related activities.
``(2) The term `health care entity' includes an individual
physician or other health professional, a postgraduate
physician training program, a participant in a program of
training in the health professions, a hospital, a provider-
sponsored organization as defined in section 1855(d) of the
Social Security Act, a health maintenance organization, an
accountable care organization, an issuer of health insurance
coverage, any other kind of health care facility, organization,
or plan, and an entity that provides or authorizes referrals
for health care services.'';
(5) by adding at the end of subsection (c) the following
new paragraph:
``(4) The term `State or local government that receives
Federal financial assistance' includes any agency or other
governmental unit of a State or local government if such
government receives Federal financial assistance.'';
(6) by redesignating subsection (c) as subsection (d); and
(7) by inserting after subsection (b) the following new
subsection:
``(c) Administration.--The Secretary shall designate the Director
of the Office for Civil Rights of the Department of Health and Human
Services--
``(1) to receive complaints alleging a violation of this
section, section 1566 of the Patient Protection and Affordable
Care Act, or any of subsections (b) through (e) of section 401
of the Health Programs Extension Act of 1973; and
``(2) to pursue the investigation of such complaints, in
coordination with the Attorney General.''.
(e) Remedies for Violations of Federal Conscience Laws.--Title II
of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by
inserting after section 245 the following:
``SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS.
``(a) In General.--A qualified party may, in a civil action, obtain
appropriate relief with regard to a designated violation.
``(b) Definitions.--In this section--
``(1) the term `qualified party' means--
``(A) the Attorney General; or
``(B) any person or entity adversely affected by
the designated violation; and
``(2) the term `designated violation' means an actual or
threatened violation of section 245 of this Act, section 1566
of the Patient Protection and Affordable Care Act, or any of
subsections (b) through (e) of section 401 of the Health
Programs Extension Act of 1973.
``(c) Administrative Remedies Not Required.--An action under this
section may be commenced, and relief may be granted, without regard to
whether the party commencing the action has sought or exhausted
available administrative remedies.
``(d) Defendants in Actions Under This Section May Include
Governmental Entities as Well as Others.--
``(1) In general.--An action under this section may be
maintained against, among others, a party that is a Federal or
State governmental entity. Relief in an action under this
section may include money damages even if the defendant is such
a governmental entity.
``(2) Definition.--For the purposes of this subsection, the
term `State governmental entity' means a State, a local
government within a State, or any agency or other governmental
unit or authority of a State or of such a local government.
``(e) Nature of Relief.--The court shall grant--
``(1) all necessary equitable and legal relief, including,
where appropriate, declaratory relief and compensatory damages,
to prevent the occurrence, continuance, or repetition of the
designated violation and to compensate for losses resulting
from the designated violation; and
``(2) to a prevailing plaintiff, reasonable attorneys' fees
and litigation expenses as part of the costs.''.
spending reduction account
Sec. 531. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2016''.
Union Calendar No. 145
114th CONGRESS
1st Session
H. R. 3020
[Report No. 114-195]
_______________________________________________________________________
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, 2016, and for other purposes.
_______________________________________________________________________
July 10, 2015
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed