(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Highlights:
The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 provides annual appropriations for:
The bill does not include funding for the Food and Drug Administration, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, which are included within HHS, but considered in other appropriations bills.
The bill includes both discretionary and mandatory funding. The majority of the funding in the bill is mandatory funding for entitlement programs such as Medicaid and Supplemental Security Income that are funded in annual appropriations bills. These programs, known as appropriated entitlements, are included in annual appropriations bills, though the amounts provided for the programs are generally determined by authorizing statutes that control details of the programs such as eligibility rules and benefit levels.
The bill decreases discretionary funding compared to FY2015 levels. It also includes provisions that restrict funding or affect polices in areas such as:
The bill also restricts funding for Department of Education regulations to develop a college ratings system, define gainful employment, establish requirements for the state authorization of higher education programs, define credit hours, and establish a teacher preparation program accountability system.
Full Summary:
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016
Provides FY2016 appropriations for the Departments of Labor, Health and Human Services, Education, and several related agencies.
Department of Labor Appropriations Act, 2016
TITLE I--DEPARTMENT OF LABOR
Provides FY2016 appropriations for agencies and programs within the Department of Labor.
Provides appropriations to the Employment and Training Administration for:
Provides appropriations to the Pension Benefit Guaranty Corporation.
Provides appropriation to Labor for:
Provides appropriations for Departmental Management, including Salaries and Expenses, Veterans Employment and Training, IT Modernization, and the Office of Inspector General.
(Sec. 101) Prohibits Job Corps funds provided by this bill from being used to pay individual salary and bonuses at a rate in excess of Executive Level II.
(Sec. 102) Permits specified Labor funds to be transferred between accounts and sets forth requirements for the transfers.
(Sec. 103) Prohibits funds provided by this bill from being used for the procurement of goods and services utilizing forced or indentured child labor.
(Sec. 104) Requires funds available under section 414(c) of the American Competitiveness and Workforce Innovation and Opportunity Act to be used only for competitive grants to train individuals over the age of 16 and not enrolled in school, in occupations and industries for which employers are using H-1B visas to hire foreign workers. Includes an exception for specified funds that are permitted to be used to process permanent foreign labor certifications under the Immigration and Nationality Act.
(Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses.
(Sec. 106) Permits the ETA to transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees.
(Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations.
(Sec. 108) Exempts certain employees who are not employed by an insurance company and are adjusting or evaluating claims resulting from a major disaster from maximum hours provisions of the Fair Labor Standards Act of 1938 for two years after a state or federal declaration of a disaster or catastrophe.
(Sec. 109) Permits Labor to select an entity to operate a Civilian Conservation Center on a competitive basis if the Center has had consistently low performance.
(Sec. 110) Prohibits funds provided by this bill from being used to finalize, implement, administer, or enforce provisions of a specified regulation regarding the circumstances under which an individual is considered a fiduciary with respect to retirement investment advice.
(Sec. 111) Sets forth requirements for determining the prevailing wage for the H-2B program. (The program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.)
(Sec. 112) Prohibits the use of funds provided by this bill to enforce the definition of corresponding employment or the three-fourths guarantee rule definition found in specified regulations for the H-2B program. Specifies the definition of temporary need that applies for the purpose of regulating admission of temporary workers under the H-2B program.
(Sec. 113) Prohibits funds provided by this bill from being used to implement specified regulations regarding audits of certification applications and required assisted recruitment with respect to the temporary employment of foreign workers in the United States under the H-2B program.
(Sec. 114) Allows an employer in the seafood industry, upon Labor's approval of a petition for H-2B nonimmigrants (temporary nonagricultural workers), to bring the H-2B workers into the United States at any time during 120 days after the start date without filing another petition. Prohibits the employer, however, from bringing H-2B workers into the United States after 90 days following the start date unless the employer completes a new assessment of the local labor market and offers the job to an equally or better qualified U.S. worker.
(Sec. 115) Prohibits funds provided by this bill from being used for rules, standards, or policies related to occupational exposure to respirable crystalline silica until specified requirements are met.
Department of Health and Human Services Appropriations Act, 2016
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Provides FY2016 appropriations for agencies and programs within the Department of Health and Human Services (HHS).
Provides appropriations to the Health Resources and Services Administration for:
Provides appropriations to the Centers for Diseases Control and Prevention (CDC) for:
Provides appropriations to the National Institutes of Health (NIH) for:
Provides appropriations to the Substance Abuse and Mental Health Services Administration for:
Provides appropriations to the Agency for Healthcare Research and Quality.
Provides appropriations to the Centers for Medicare and Medicaid Services for: Grants to States for Medicaid, Payments to Health Care Trust Funds, Program Management, and the Health Care Fraud and Abuse Control Account.
Provides appropriations to the Administration for Children and Families for:
Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs.
Provides appropriations to the Office of the Secretary for:
(Sec. 201) Limit the funds provided by this title that may be used for official reception and representation expenses.
(Sec. 202) Prohibits funds provided by this title from being used to pay the salary of an individual, through a grant or other extramural mechanism, in excess of Executive Level II.
(Sec. 203) Restricts HHS's use of funds for program evaluation activities unless a report is submitted to Congress regarding the proposed use of the funds or the funds are specifically provided in this bill.
(Sec. 204) Permits the transfer of specified Public Health Services Act (PHS Act) funds for the evaluation of programs funded in this title.
(Sec. 205) Sets forth restrictions and requirements for the transfer of HHS funds between appropriations accounts.
(Sec. 206) Revises the time frame in which HHS may terminate a Public Health Service loan repayment contract with an individual from 45 days before the end of the fiscal year in which the contract was entered to 60 days after the execution of a contract awarded in 2016.
(Sec. 207) Prohibits funds provided by this bill from being used for voluntary family planning grants and contracts unless the applicant certifies that it: (1) encourages family participation in the decision of minors to seek family planning services, and (2) provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities.
(Sec. 208) Prohibits any provider of voluntary planning services under the PHS Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 209) Prohibits funds provided by this bill from being used for the Medicare Advantage program if HHS denies participation to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
(Sec. 210) Prohibits funds provided by this title from being used to advocate or promote gun control.
(Sec. 211) Limits the number of Public Health Service employees that may be assigned to assist in child survival activities and to work in AIDS programs through and with funds provided by the U.S. Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.
(Sec. 212) Permits HHS to exercise specified spending authority to carry out international health activities during FY2016.
(Sec. 213) Permits the CDC and the Agency for Toxic Substances and Disease Registry to transfer funds that are available for Individual Learning Accounts.
(Sec. 214) Permits NIH, jointly with the Office of AIDS Research, to transfer specified HIV research funds among NIH institutes and centers if Congress is notified in advance.
(Sec. 215) Requires: (1) the use of AIDS research funds be determined jointly by the NIH and the Office of AIDS Research, and (2) the funds to be allocated directly to the Office of AIDS Research for distribution that is consistent with the AIDS research plan.
(Sec. 216) Permits the NIH to use specified funds to enter into certain transactions to carry out research in support of the NIH Common Fund. (The NIH Common Fund supports support cross-cutting, trans-NIH programs that require participation by at least two NIH Institutes or Centers or would otherwise benefit from strategic planning and coordination.)
(Sec. 217) Limits the funds NIH may use for the alteration, repair, or improvement of facilities.
(Sec. 218) Transfers specified funds provided to NIH for National Research Service Awards (NRSA) to the Health Resources and Services Administration to make NRSA awards for research in primary medical care and health service.
(Sec. 219) Amends the PSA Act to modify requirements for the NIH's Institutional Development Award (IDeA) program.
(Sec. 220) Amends the Department of Health and Human Services Appropriations Act, 2008 to modify requirements for the HHS Nonrecurring Expenses Fund.
(Sec. 221) Requires third party payments made to NIH for research organisms or substances to be retained and credited to the appropriations accounts of the NIH institutes and centers making the substance or organism available. Permits the funds to be available through FY2017.
(Sec. 222) Permits the Biomedical Advanced Research and Development Authority to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements.
(Sec. 223) Requires HHS to establish a publicly accessible website that provides details regarding expenditures from the Prevention and Public Health Fund established by the Patient Protection and Affordable Care Act (PPACA).
(Sec. 224) Transfers mandatory funds from the Prevention and Public Health Fund created by PPACA to accounts within HHS activities outlined under the heading ''Prevention and Public Health Fund'' in the reporting accompanying this bill.
(Sec. 225) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to PPACA.
(Sec. 226) Requires HHS to include in the FY2017 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2017.
(Sec. 227) Requires HHS to provide Congress with detailed, monthly enrollment figures from the exchanges established under PPACA.
(Sec. 228) Prohibits specified funds provided by this bill from being used for payments relating to the risk corridors program established by PPACA.
(Sec. 229) Prohibits specified funds provided by this bill from being used for the state-based exchanges established under PPACA.
(Sec. 230) Prohibits funds provided by this bill from being used for the 2015 Dietary Guidelines unless the information and guidelines in the report are: (1) solely nutritional and dietary in nature, and (2) based only on a preponderance of nutritional and dietary scientific evidence without extraneous information.
(Sec. 231) Rescinds specified unobligated balances from appropriations previously provided to the Health Resources and Services Administration.
(Sec. 232) Rescinds specified unobligated balances from appropriations previously provided to the CDC for Individual Learning Accounts.
(Sec. 233) Rescinds specified unobligated balances from appropriations previously provided to the Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance account for the unaccompanied children program.
Department of Education Appropriations Act, 2016
TITLE III--DEPARTMENT OF EDUCATION
Provides appropriations for agencies and programs within the Department of Education (ED).
Provides appropriations to ED for:
Provides appropriations for Special Institutions for Persons with Disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University.
Provides Appropriations to ED for:
Provides appropriations for Departmental Management, including Program Administration, the Office for Civil Rights, and the Office of Inspector General.
(Sec. 301) Prohibits funds provided by this bill from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school, or (2) carry out a racial desegregation plan.
(Sec. 302) Prohibits funds provided by this bill from being used for the involuntary transportation of students other than to the school nearest to the student's home, except to transport students requiring special education in order to comply with title VI of the Civil Rights Act of 1964.
(Sec. 303) Prohibits the use of funds provided by this bill to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Permits ED to transfer certain funds between accounts, subject to specified restrictions and requirements.
(Sec. 305) Permits the Outlying Areas (American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands) to consolidate funds received under this bill under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.
(Sec. 306) Amends the Compact of Free Association Amendments Act of 2003 to permit the Republic of Palau to continue to receive certain federal funds.
(Sec. 307) Permits ED to reserve specified funds for studies and evaluations of Elementary and Secondary Education Act of 1965 programs funded by this bill.
(Sec. 308) Permits certain institutions to continue to use endowment income for student scholarships, subject to specified limits and requirements. Applies this section until titles III and V of the Higher Education Act of 1965 (HEA) are reauthorized.
(Sec. 309) Rescinds specified unobligated balances from discretionary funds previously provided for the Pell grant program.
(Sec. 310) Prohibits funds provided by this bill from being used for specified higher education regulations to define gainful employment, establish requirements for the state authorization of higher education programs, define credit hours, develop a college ratings system, and establish a teacher preparation program accountability system. Provides that the restrictions no longer apply after the HEA is reauthorized.
(Sec. 311) Prohibits the use of funds provided by this bill to require or incentivize states, local educational agencies, or schools to adopt any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction.
(Sec. 312) Amends the HEA to modify the requirements for ED career pathway programs.
TITLE IV--RELATED AGENCIES
Provides appropriations for the Committee for Purchase From People Who Are Blind or Severely Disabled.
Provides appropriations to the Corporation for National and Community Service (CNCS) for:
(Sec. 401) Requires the CNCS to make any significant changes to program requirements or policy through rulemaking. Prohibits CNCS employees from disclosing specified information during a grant selection process to any person that is not a CNCS employee or authorized to receive the information.
(Sec. 402) Sets forth requirements for AmeriCorps programs receiving grants under the National Service Trust program.
(Sec. 403) Requires certain donations made to the CNCS to be used to supplement and not supplant current programs and operations.
(Sec. 404) Requires certain education awards at GI bill-eligible institutions to be limited to veterans.
(Sec. 405) Permits state Commissions on National and Community Service established under the National and Community Service Act of 1990 to receive criminal history record information.
Provides appropriations for other related agencies, including:
(Sec. 406) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative.
(Sec. 407) Prohibits funds provided by this bill from being used to implement or enforce any rule amending specified regulations relating to the filing and processing of petitions pursuant to the representation of employees for the purposes of collective bargaining with their employer.
(Sec. 408) Prohibits funds from being used for any change in the interpretation or application of a standard to determine whether entities are ''joint employers'' under the National Labor Relations Act.
(Sec. 409) Prohibits funds provided by this bill from being used to implement a new 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.
Provides appropriations to the National Mediation Board and the Occupational Safety and Health Review Commission.
Provides appropriations to the Railroad Retirement Board for:
Provides appropriations to the Social Security Administration (SSA) for:
TITLE V--GENERAL PROVISIONS
Sets forth required, permissible, restricted, and prohibited uses of funds provided by this and other appropriations Acts.
(Sec. 501) Permits Labor, HHS, and ED to transfer certain unexpended balances to accounts to be used for the same purposes as the original appropriation.
(Sec. 502) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year unless otherwise specified.
(Sec. 503) Prohibits the use of funds provided by this bill for lobbying and related activities.
(Sec. 504) Limits the official reception and representation expenses of Labor and ED.
(Sec. 505) Requires grantees receiving federal funds provided by this bill to clearly state specified details regarding the federal funding and non-governmental funding sources in documents related to federally funded projects.
(Sec. 506) Prohibits funds provided by this bill or in any trust fund which received funds in this bill from being used for: (1) abortions, or (2) health benefits coverage that includes coverage of abortion.
(Sec. 507) Provides an exception to the prohibition on funding for abortion if: (1) the pregnancy is the result of rape or incest; or (2) a woman suffers from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.
Bars the availability of funds to a federal agency or program, or to a state or local government, if it 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.
(Sec. 508) Prohibit funds provided by this bill from being used for human embryo research and related activities.
(Sec. 509) Limits the use of funds provided by this bill for promoting the legalization of controlled substances. Includes an exception when there is medical evidence of a therapeutic advantage to the use of the drug or federally sponsored clinical trials are being conducted to determine therapeutic advantage.
(Sec. 510) Prohibits funds provided by this bill from being used for regulations to provide a unique health identifiers 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) Prohibits funds provided by this bill from being used to enter into or renew a contract with a contractor that has not submitted to Labor a required report annual report concerning employment of certain veterans.
(Sec. 512) Prohibits the transfer of funds provided by this bill to any federal department, agency, or instrumentality, except pursuant to an appropriations Act.
(Sec. 513) Prohibits funds provided by this bill from being used for libraries unless they are in compliance with the Children's Internet Protection Act.
(Sec. 514) Sets forth requirements, procedures, and restrictions for the reprogramming of funds.
(Sec. 515) Prohibits the use of funds provided by this bill to: (1) require candidates for scientific advisory committee to disclose their political activities, or (2) disseminate information that is deliberately false or misleading.
(Sec. 516) Requires departments and agencies funded in this bill to submit operating plans.
(Sec. 517) Requires Labor, HHS, and ED to report to Congress on the number and amounts of contracts, grants, and cooperative agreements awarded on a non-competitive basis.
(Sec. 518) Prohibits the SSA from processing earnings for work performed under a fraudulent Social Security number if based on a conviction for a violation of specified provisions of the Social Security Act.
(Sec. 519) Prohibits SSA from using funds provided by this bill to establish totalization arrangements between the U.S. Social Security system and the social security system of Mexico. (A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries.)
(Sec. 520) Restricts the use of funds provided by this bill to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 521) Requires computer networks of agencies funded by this bill to block pornography.
(Sec. 522) Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors.
(Sec. 523) Sets forth reporting requirements for spending on conferences.
(Sec. 524) Requires agencies funded by this bill to clearly state within the text, audio, or video used for advertising or educational purposes, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense.
(Sec. 525) Permits funds provided by this bill to be used to carry out up to 10 Performance Partnership Pilots that: (1) are designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, or that provide education, training, employment, and other related social services.
(Sec. 526) Requires Labor, HHS, ED, and SSA to submit specified reports to Congress on the status of balances of appropriations.
(Sec. 527) Amends the PHS Act to modify requirements that apply to compensation for work injuries of National Disaster Medical System employees.
(Sec. 528) Prohibits funds provided by this bill from being used in contravention of ''public charge'' inadmissibility grounds present in the Immigration and Nationality Act.
(Sec. 529) Rescinds funds previously provided for the Independent Payment Advisory Board.
(Sec. 530) Rescinds funds previously provided for Consumer Operated and Oriented Plans under PPACA.
(Sec. 531) Prohibits specified amounts in the Child Enrollment Contingency Fund from being obligated during the current fiscal year.
(Sec. 532) Rescinds specified funds previously provided for the Children's Health Insurance Program.
(Sec. 533) Rescinds specified unobligated balances previously provided to the Community Health Center Fund.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1695 Placed on Calendar Senate (PCS)]
Calendar No. 137
114th CONGRESS
1st Session
S. 1695
[Report No. 114-74]
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 SENATE OF THE UNITED STATES
June 25, 2015
Mr. Blunt, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 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
(including transfer of funds)
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA''), and the Second Chance Act of
2007, $2,936,244,000, 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, $2,492,000,000 as follows:
(A) $737,000,000 for adult employment and training
activities, of which $25,000,000 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) $790,000,000 for youth activities, which shall
be available for the period April 1, 2016, through June
30, 2017; and
(C) $965,000,000 for dislocated worker employment
and training activities, of which $105,000,000 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 pursuant to section 128(a)(1) of the WIOA, the amount
available to the Governor for statewide workforce investment activities
shall not exceed 15 percent of the amount allotted to the State from
each of the appropriations under the preceding subparagraphs; and
(2) for national programs, $444,244,000 as follows:
(A) $200,000,000 for the dislocated workers
assistance national reserve, which 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: Provided further, That
notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That, of the funds provided under
this subparagraph, $19,000,000 shall be made available
for applications submitted in accordance with section
170 of the WIOA for training and employment assistance
for workers dislocated from coal mines and coal-fired
power plants;
(B) $40,500,000 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) $23,750,000, which shall be available for the
period October 1, 2015, through September 30, 2016, for
necessary expenses for the Office of Disability
Employment Policy to develop policy and initiatives
furthering the objective of eliminating barriers to the
training and employment of people with disabilities,
including funds for competitive grants: Provided,
That, not later than 180 days after the date of
enactment of this Act, the Office of Disability
Employment Policy in the Department of Labor shall be
placed in the Employment and Training Administration,
and the functions and duties previously assigned to the
Assistant Secretary for Disability Employment Policy
shall hereafter be assigned to the Assistant Secretary
for Employment and Training.
(D) $73,000,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$67,306,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,200,000 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;
(E) $79,689,000 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;
(F) $1,000,000 for technical assistance activities
under section 168 of the WIOA, which shall be available
for the period July 1, 2016 through June 30, 2017;
(G) $22,305,000 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 such funds shall be for
competitive grants to national and regional
intermediaries for activities that prepare adult and
young ex-offenders and school dropouts for employment,
with a priority for projects serving high crime, high-
poverty areas and communities that have recently
experienced significant unrest;
(H) $4,000,000 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, $1,683,155,000, plus reimbursements,
as follows:
(1) $1,578,008,000 for Job Corps Operations, which shall be
available for the period July 1, 2016, through June 30, 2017;
(2) $74,000,000 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) $31,147,000 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''), $400,000,000, 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.
federal unemployment benefits and allowances
For payments during fiscal year 2016 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) and section 233(b) of the Trade Adjustment
Assistance Extension Act of 2011, $664,200,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15,
2016.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,428,000, together with
not to exceed $3,413,133,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,705,550,000 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 $80,000,000 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, 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 and 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) $12,892,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $614,000,000 from the Trust Fund, together with
$20,775,000 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) $19,000,000 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) $61,691,000 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 $47,691,000 shall be available for the
Federal administration of such activities, and $14,000,000
shall be available for grants to States for the administration
of such activities; and
(6) $65,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act, including
$7,500,000 for grants relating to occupational licensing, 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 nonprofit 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, $20,000,000 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, 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,
$97,733,000, together with not to exceed $46,284,000 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, $168,930,000.
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, $210,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $36,000,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $96,000,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $107,500,000, 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, $524,476,000, including not to exceed $98,746,000 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: Provided
further, That $10,149,000 shall be available for Susan Harwood training
grants: Provided further, That not less than $3,500,000 shall be
available for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $356,878,000, 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
$8,229,975 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, $515,494,000,
together with not to exceed $63,700,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $258,727,000, together with not
to exceed $293,000, 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 $7,236,000 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 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 $231,872,000 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) $14,000,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $39,458,000 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, $12,898,000.
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,
$73,721,000, together with not to exceed $5,590,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, 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 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and 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
$13,000,000 of such funds shall be used in fiscal year 2016 to process
permanent foreign labor certifications under section 212(a)(5)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)): Provided
further, That the funding limitation under this section shall not apply
to funding provided pursuant to solicitations for grant applications
issued before 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 II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(including 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.
(including transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.5 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 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'',
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. Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) is amended by adding the following text to such section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster, as defined
herein, to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives on average weekly compensation of not
less than $591.00 per week or any minimum weekly amount
established by the Secretary, whichever is greater, over the
number of weeks such employee is engaged in any of the
activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses
arising from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) Notwithstanding any other provision of section 18, in the
event of a major disaster, this Act exclusively shall govern the
payment of overtime to all employees described in paragraph (1) above,
and shall supersede any other Federal, State, or local law, regulation,
or order.
``(3) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(4) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform any of the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance coverage
or protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
Sec. 109. 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 July 1, 2016.
Sec. 110. 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. 111. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 112. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 113. None of the funds in this Act shall be used to implement
20 CFR 655.70 and 20 CFR 655.71.
Sec. 114. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry 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
in the seafood industry 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 in the
seafood industry 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)).
Sec. 115. (a) Subject to the requirement under subsection (b), none
of the funds appropriated or otherwise made available by this Act may
be used to promulgate or implement any rule, standard, or policy
amending part 1910, 1915, or 1926 of title 29, Code of Federal
Regulations (as in effect on the day before the date of enactment of
this Act), related to occupational exposure to respirable crystalline
silica, including the proposed rulemaking by the Occupational Safety
and Health Administration of the Department of Labor issued on
September 12, 2013 (78 Fed. Reg. 56274), until--
(1) a review is conducted after the date of enactment of
this Act by a small business advocacy review panel, pursuant to
the Small Business Regulatory Enforcement Fairness Act of 1996
(5 U.S.C. 601 note), and the panel delivers a report on the
review to the Assistant Secretary of Labor for Occupational
Safety and Health;
(2) the Secretary, acting through the Assistant Secretary
of Labor for Occupational Safety and Health, commissions an
independent study, to be conducted by the National Academy of
Sciences, examining--
(A) the epidemiological justification of the
Occupational Safety and Health Administration for
proposing to reduce the occupational exposure limits to
respirable crystalline silica, established by such
Administration and in effect on the day before the date
of enactment of this Act, including consideration of
the prevalence or lack of disease and mortality
associated with such occupational exposure limits;
(B) the ability of sampling methods to collect
samples of respirable crystalline silica and
laboratories to measure such samples (in a manner that
meets the criteria for accuracy and precision contained
in the most recent publication of the NIOSH Manual of
Analytical Methods, published by the National Institute
for Occupational Safety and Health) to determine
occupational exposures to respirable crystalline silica
that are less than or equal to the occupational
exposure limits and action levels for respirable
crystalline silica proposed by the Occupational Safety
and Health Administration as of the day before the date
of enactment of this Act;
(C) the ability of regulated industries to comply
with such occupational exposure limits or action
levels;
(D) the steady decline in silicosis related
mortality rates based on data maintained by the Centers
for Disease Control and Prevention;
(E) the ability of various types of personal
protective equipment to protect employees from
occupational exposure to respirable crystalline silica;
and
(F) the costs of the different types of such
personal protective equipment as compared to the costs
of engineering and work practice controls related to
such equipment; and
(3) the Secretary, acting through such Assistant Secretary,
submits to the Committee on Appropriations, and the Committee
on Health, Education, Labor, and Pensions, of the Senate, a
report containing the results of the independent study
conducted under paragraph (2).
(b) Notwithstanding the funding limitation under subsection (a),
from the funds appropriated to the Occupational Safety and Health
Administration for safety and health standards, $800,000 shall be made
available to conduct the independent study under subsection (a)(2) and
submit the report under subsection (a)(3), which report shall be
submitted by not later than 1 year after the date of enactment of this
Act.
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 Services
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,
$1,630,100,000 (in addition to the $3,600,000,000 previously
appropriated to the Community Health Center Fund for fiscal year 2016):
Provided, That $1,491,522,000 is appropriated from the general fund,
and $138,478,000, to remain available until expended, is derived from
available unobligated balances of amounts transferred from the
Community Health Center Fund in prior fiscal years: Provided further,
That no part of the unobligated balances from amounts appropriated in
42 U.S.C. 254b-2(b)(1) for prior fiscal years shall be available to the
Secretary of Health and Human Services for obligation in fiscal year
2016 except as provided for in this Act: Provided further, 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: Provided further, That of funds provided for the Health
Centers program, as defined by section 330 of the PHS Act, by this Act
or any other Act for fiscal year 2016, not less than $50,000,000 shall
be obligated in fiscal year 2016 to support new access points, grants
to expand medical services, behavioral health, oral health, pharmacy,
or vision services, and not less than $40,000,000 shall be obligated in
fiscal year 2016 for construction and capital improvement costs:
Provided further, That the time limitation in section 330(e)(3) of the
PHS Act shall not apply in fiscal year 2016.
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, $720,970,000:
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
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: Provided further, That from amounts made
available under this heading for the Public Health Training Centers
Program, 50 percent of such amounts shall be transferred and made
available for the Preventive Medicine Residency Program.
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,
$828,014,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $50,000,000 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: Provided further, That
notwithstanding section 502(c) of the Social Security Act, not less
than $555,000,000 shall be available for the State Block Grant Awards.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,293,781,000, 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, $103,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided, That the Secretary may collect a fee of 0.1 percent
of each purchase of 340B drugs from entities participating in the Drug
Pricing Program pursuant to section 340B of the PHS Act to pay for the
operating costs of such program: Provided further, That fees pursuant
to the 340B Drug Pricing Program shall be collected by the Secretary
based on sales data that shall be submitted by drug manufacturers and
shall be credited to this account, to remain available until expended.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$150,571,000, 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.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $257,832,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $151,000,000: 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, $573,105,000.
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, $1,090,609,000.
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, $388,590,000.
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,
$595,272,000: 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, $8,500,000
shall be available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the highest
levels of obesity: Provided further, That the proportional funding
requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this Act.
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, $132,781,000.
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, $471,061,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $132,286,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $187,947,000: Provided, That
of the funds provided under this heading, $37,500,000 shall be
available for an evidence-based opioid 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,
$305,887,000.
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, $411,758,000, of which $128,421,000 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, $1,340,118,000, of which $534,343,000 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 staff
without reimbursement for up to 120 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.
buildings and facilities
For acquisition of real property, equipment, construction,
demolition, 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 funds made
available by prior appropriations Acts for CDC for construction and
renovation of facilities may also be used, in fiscal year 2016, for the
construction of a replacement freezer building in the Fort Collins,
Colorado, area.
cdc-wide activities and program support
(including transfer of funds)
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, $107,892,000: 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 funds
appropriated under this heading and in all other accounts of CDC may be
used to support the hire, maintenance, and operation of aircraft in
direct support of activities throughout CDC and to ensure the agency is
prepared to address public health preparedness emergencies: 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 and the Respirator Certification Program
shall be available through September 30, 2017: Provided further, That
of the funds made available under this heading and in all other
accounts of CDC, up to $1,000 per eligible employee of CDC shall be
made available until expended for Individual Learning Accounts.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,204,058,000, 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, $3,135,519,000.
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, $415,169,000.
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, $1,825,162,000.
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, $1,694,758,000.
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, $4,710,342,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,511,431,000, of which
$940,000,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $300,000,000 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, $1,345,355,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $709,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $695,900,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,548,494,000.
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,
$544,274,000.
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, $424,860,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $147,508,000.
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, $469,355,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,069,086,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,520,260,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $526,166,000.
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,
$344,299,000.
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, $130,162,000.
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,
$287,379,000.
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), $70,944,000.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $699,319,000: Provided, That up to
$25,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $499,746,000 is provided to the Clinical and Translational
Sciences Awards program.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $402,251,000: 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'').
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $860,937,000, of which up to $30,000,000 may be used to
carry out section 212 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 longitudinal studies related to environmental
influences on child health and development as a follow-on to the
National Children's Study, and may be transferred to and merged with
the accounts for the various Institutes and Centers to support
activities related to this goal: Provided further, That NIH shall
submit a spend plan and research strategy 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 $544,077,000 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
$50,000,000 shall be used to carry out section 404I of the PHS Act (42
U.S.C. 283k), relating to biomedical and behavioral research
facilities: Of the amount provided to the NIH, the Director of NIH
shall enter into an agreement with the National Academy of Sciences, as
part of the studies conducted under section 489 of the PHSA, to conduct
a comprehensive study on policies affecting the next generation of
researchers in the United States: Provided further, That the Director
may direct up to 1 percent of the total made available in this or any
other Act to all NIH appropriations to activities that the Director may
so designate: Provided further, That no such appropriation shall be
decreased by more than 1 percent by any such transfers and that the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
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 or demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $128,863,000, 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, $1,021,301,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated 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, $1,972,916,000: Provided, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, 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, $182,731,000.
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, $137,869,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs 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''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$236,001,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2016: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2017.
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, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,027,590,000, 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,
2021: 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.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $706,000,000, 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 $474,175,000 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 $77,275,000 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 $77,275,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $77,275,000 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 $395,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(C) of such Act.
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, $2,944,906,000, 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, $3,390,304,000:
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 was less than $1,975,000,000: Provided further, That
notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $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, $1,405,367,000, of which $1,378,877,000 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 205 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
2014 (``CCDBG Act''), $2,585,000,000 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,
$119,098,000 shall be for activities that improve the quality of infant
and toddler care: 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 the reservation of funds specified
in paragraphs (4) and (5) of section 658O(a) of such Act shall also be
applied to funds appropriated in this or any other Act, including
section 418 of the Social Security Act (42 U.S.C. 618), to carry out
such section 418.
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), part B-1 of title IV and sections 413,
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act;
for making payments under the Community Services Block Grant Act
(``CSBG Act''), sections 473B and 477(i) of the Social Security Act,
and the Assets for Independence Act; for necessary administrative
expenses to carry out 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, $10,388,620,000, 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 defined by
section 473A of the Social Security Act and may be made for adoptions
completed before September 30, 2015: Provided, That $8,698,095,000
shall be for making payments under the Head Start Act: Provided
further, That of the amount in the previous proviso, $8,073,095,000
shall be available for payments under section 640 of the Head Start
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
notwithstanding such section 640, of the amount provided for making
payments under the Head Start Act, and in addition to funds otherwise
available under such section 640 for such purposes, $600,000,000 shall
be available 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, 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, for training and technical
assistance for such activities, and for up to $14,000,000 in Federal
costs of administration and evaluation, and, notwithstanding section
645A(c)(2) of such Act, these funds are available to serve children
under age 4: Provided further, That funds described in the preceding
two provisos shall not be included in the calculation of ``base grant''
in subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act: Provided further, That $674,000,000 shall be
for making payments under the CSBG Act: Provided further, That not
more than $350,000 shall be reserved under section 674(b)(3) of the
CSBG Act, all of which shall be solely for carrying out section
678(b)(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, $5,298,000,000.
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 OAA,
titles III and XXIX of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, 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, $1,831,089,000, together with $30,000,000 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.
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,
$301,500,000, together with $46,762,000 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 the
funds made available under this heading, $20,000,000 shall be for
making competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that reduce
teen pregnancy and for the Federal costs associated with administering
and evaluating such contracts and grants, of which not more than 10
percent of the available funds shall be for training and technical
assistance, evaluation, outreach, and additional program support
activities, and of the remaining amount 75 percent shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25
percent shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy: Provided further, That of
the funds made available under this heading, $1,750,000 is for
strengthening the Department's acquisition workforce capacity and
capabilities: Provided further, That with respect to the previous
proviso, such funds shall be available for training, recruiting,
retaining, and hiring members of the acquisition workforce as defined
by 41 U.S.C. 1703, for information technology in support of acquisition
workforce effectiveness and for management solutions to improve
acquisition management: Provided further, That of the funds made
available under this heading, $20,000,000 shall be for making
competitive grants to provide abstinence education (as defined by
section 510(b)(2)(A)-(H) of the Social Security Act) to adolescents,
and for Federal costs of administering the grant: Provided further,
That grants made under the authority of section 510(b)(2)(A)-(H) of the
Social Security Act shall be made only to public and private entities
that agree that, with respect to an adolescent to whom the entities
provide abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required by
law to provide health information or services the adolescent shall not
be precluded from seeking health information or services from the
entity in a different setting than the setting in which abstinence
education was provided: 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, $97,381,000, 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,
$71,000,000: 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, $900,362,000, of which $473,000,000 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, $71,915,000; of which $39,906,000
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. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. 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. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. 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.
Sec. 206. 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. 207. 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. 208. 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. 209. 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. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. 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. 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. Funds which are available for Individual Learning
Accounts for employees of CDC and the Agency for Toxic Substances and
Disease Registry (``ATSDR'') may be transferred to appropriate accounts
of CDC, to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
(transfer of funds)
Sec. 214. 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. 215. 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. 216. (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. 217. 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. 218. 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, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 219. Section 461(b)(1) of the Public Health Service Act (42
U.S.C. 285k(b)(1)) is amended--
(1) in subparagraph (B), by striking ``and behavioral
research'' and all that follows through the period and
inserting ``or behavioral research and are located in a State
that is at or below the median of all States with respect to
the aggregate NIH funding received by entities in that
State.''; and
(2) by adding at the end the following:
``(D) Entities that are designated as Primarily
Undergraduate Institutions and that are not eligible
for funding under the Individuals with Disabilities
Education Act, but that have been eligible for
participation in the National Science Foundation
Experimental Program to Stimulate Competitive Research
(EPSCoR) program for the past 2 consecutive years, may
apply to an entity that currently holds an IDeA
Networks of Biomedical Research Excellence award for
inclusion in their Network.''.
Sec. 220. Public Law 110-161, division G, title II, section 223 is
amended by inserting, after ``shall be available'' and before ``until
expended'', ``to the Office of the Director, National Institutes of
Health''; striking, after ``may be available for'' and before ``,
subject to approval'', ``such purposes, for capital acquisition
necessary to the operation of the Department, including facilities
infrastructure and information technology infrastructure'', and
inserting ``all necessary expenses related to carrying out section 301
and title IV of the Public Health Service Act''.
Sec. 221. 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. 222. (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. 223. (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. 224. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the 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. 225. (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 ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(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; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 226. 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 Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2017. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the report accompanying this Act.
Sec. 227. The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate detailed,
monthly enrollment figures from the Exchanges established under the
Patient Protection and Affordable Care Act of 2010 pertaining to
enrollments during the open enrollment period: Provided, That the
Committees on Appropriations of the House of Representatives and the
Senate must be notified and provided with the enrollment figures at
least 2 business days in advance of any public release of the
information.
Sec. 228. 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).
Sec. 229. 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 to support the operation of
an Exchange established under section 1311 of Public Law 111-148.
Sec. 230. None of the funds appropriated in this Act may be used
to issue, promulgate, or otherwise implement the 2015 Dietary
Guidelines for Americans edition unless the information and guidelines
in the report are solely nutritional and dietary in nature; and based
only on a preponderance of nutritional and dietary scientific evidence
and not extraneous information.
(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 rescinded:
(1) $281,003 appropriated to carry out section 1610(b) of
the PHS Act;
(2) $3,611 appropriated to carry out section 1602(c) of the
PHS Act;
(3) $105,576 appropriated in section 167 of division H of
Public Law 108-199; and
(4) $55,793 appropriated to carry out the National Cord
Blood Stem Cell Bank Program.
(rescission)
Sec. 232. Of the funds made available under prior year
Appropriation Acts for the Centers for Disease Control and Prevention
for Individual Learning Accounts, $12,592,000 are hereby rescinded.
(rescission)
Sec. 233. Of the unobligated balances available from prior
appropriations Acts under the heading ``Department of Health and Human
Services--Administration for Children and Families--Refugee and Entrant
Assistance'' for carrying out section 462 of the Homeland Security Act
of 2002 and section 235 of William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, $250,000,000 are hereby
rescinded.
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''),
$15,455,802,000, of which $4,575,641,000 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 $3,369,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,369,050,000 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 $450,000,000 shall be available for school improvement grants
under section 1003(g) of the ESEA, which shall be allocated by the
Secretary through the formula described in section 1003(g)(2) and shall
be used consistent with the requirements of section 1003(g), except
that State and local educational agencies may use such funds to serve
any school eligible to receive assistance under part A of title I that
has not made adequate yearly progress for at least 2 years or is in the
State's lowest quintile of performance based on proficiency rates and,
in the case of secondary schools, priority shall be given to those
schools with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(C) of the ESEA, the Secretary may
permit a State educational agency to establish an award period of up to
5 years for each participating local educational agency: Provided
further, That funds available for school improvement grants for fiscal
year 2014 and thereafter may be used by a local educational agency to
implement a whole-school reform strategy for a school using an
evidence-based strategy that ensures whole-school reform is undertaken
in partnership with a strategy developer offering a whole-school reform
program that is based on at least a moderate level of evidence that the
program will have a statistically significant effect on student
outcomes, including at least one well-designed and well-implemented
experimental or quasi-experimental study: Provided further, That funds
available for school improvement grants may be used by a local
educational agency to implement an alternative State-determined school
improvement strategy that has been established by a State educational
agency with the approval of the Secretary: Provided further, That a
local educational agency that is determined to be eligible for services
under subpart 1 or 2 of part B of title VI of the ESEA may modify not
more than one element of a school improvement grant model: Provided
further, That notwithstanding section 1003(g)(5)(A), each State
educational agency may establish a maximum subgrant size of not more
than $2,000,000 for each participating school applicable to such funds:
Provided further, That the Secretary may reserve up to 5 percent of
the funds available for section 1003(g) of the ESEA to carry out
activities to build State and local educational agency capacity to
implement effectively the school improvement grants program: Provided
further, That $35,000,000 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, $1,288,603,000,
of which $1,151,233,000 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(b) and be available for obligation
through September 30, 2017, $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 parts
A and B of title II, part B of title IV, parts A and B of title VI, and
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and
the Civil Rights Act of 1964, $4,134,746,000, of which $2,326,181,000
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 $40,000,000 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 5.0
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, of which up to 8 percent may only be used for
research, dissemination, evaluation, and technical assistance for
competitive awards carried out under this proviso: Provided further,
That $141,299,000 shall be to carry out part B of title II of the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $123,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I, part D
of title II, parts B, C, and D of title V of the ESEA, $694,616,000:
Provided, That $225,000,000 of the funds for subpart 1 of part D of
title V of the ESEA shall be for competitive grants to local
educational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one nonprofit
organization to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in high-need
schools: Provided further, That such performance-based compensation
systems must consider gains in student academic achievement as well as
classroom evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided further,
That recipients of such grants shall demonstrate that such performance-
based compensation systems are developed with the input of teachers and
school leaders in the schools and local educational agencies to be
served by the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools (which may
be developed and used for the entire local educational agency or only
for schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student achievement:
Provided further, That applications for such grants shall include a
plan to sustain financially the activities conducted and systems
developed under the grant once the grant period has expired: Provided
further, That up to 5 percent of such funds for competitive grants
shall be available for technical assistance, training, peer review of
applications, program outreach, and evaluation activities: Provided
further, That of the funds available for part B of title V of the ESEA,
the Secretary shall use up to $9,000,000 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 $85,000,000 to make multiple awards to
nonprofit 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 part A of title IV and
subparts 1 and 2 of part D of title V of the ESEA, $120,314,000:
Provided, That $60,000,000 shall be available for subpart 2 of part A
of title IV, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (``Project SERV'') program to provide education-related
services to local educational agencies and institutions of higher
education in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That $37,000,000 shall
be available through December 31, 2016 for Promise Neighborhoods.
English Language Acquisition
For carrying out part A of title III of the ESEA, $712,021,000,
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) and the Special Olympics Sport and Empowerment Act of 2004,
$12,636,817,000, of which $3,131,259,000 shall become available on July
1, 2016, and shall remain available through September 30, 2017, and of
which $9,283,383,000 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,
$3,487,864,000, of which $3,391,770,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2017.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,931,000.
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, $69,016,000:
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, $120,275,000: 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''), $1,669,731,000, of which
$878,731,000 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 amounts made available for
AEFLA, $7,712,000 shall be for national leadership activities under
section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,129,352,000, 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, $1,361,700,000, to remain available through
September 30, 2017: Provided, That the Secretary shall, no later than
December 31, 2015, allocate no less than 50 percent of new student loan
borrower accounts among eligible not-for-profit student loan servicers,
excluding those eligible as title IV additional servicers.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII 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, $1,783,510,000: 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, $219,500,000, of which
not less than $3,350,000 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, $562,978,000, 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, $391,326,000, of which up to $1,000,000, to
remain available until expended, shall be for relocation of, and
renovation of buildings occupied by, Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $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, $57,791,000.
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 or any prior fiscal year 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.
(rescission)
Sec. 309. Of the unobligated balances available from Public Law
113-235 under the heading ``Student Financial Assistance'' for carrying
out subpart 1 of part A of title IV of the HEA, $300,000,000 are hereby
rescinded.
Sec. 310. None of the funds made available by this Act may be used
to--
(1) implement, administer, or enforce sections 600.10(c),
600.20(d), 668.6 and 668.7 of title 34, Code of Federal
Regulations (relating to gainful employment) as added or
amended by the final regulations published by the Department of
Education on October 31, 2014 (79 Fed. Reg. 64889 et seq.), or
promulgate any new regulation with respect to the definition or
application of the term ``gainful employment'' in the Higher
Education Act of 1965;
(2) implement, administer, or enforce sections 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 promulgate any new
regulation with respect to the State authorization for
institutions of higher education to operate within a State;
(3) 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 (75 Fed.
Reg. 66949 et seq.), or promulgate any new regulation with
respect to the definition of the term ``credit hour'' for any
purpose under the Higher Education Act;
(4) carry out, develop, refine, promulgate, publish,
implement, administer, or enforce a postsecondary institution
ratings system or any other performance system to rate
institutions of higher education (as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002); or
(5) promulgate, implement, administer, or enforce the
proposed rule establishing a teacher preparation program
accountability system as published by the Department of
Education in the Federal Register on December 3, 2014 (79 Fed.
Reg. 71819 et seq.), or any new regulation with respect to a
teacher preparation program accountability system:
Provided, That this section shall no longer apply upon enactment of a
law that extends by not less than 2 fiscal years the authorization or
duration of one or more programs under the Higher Education Act of
1965.
Sec. 311. None of the funds in this Act may be used to (including
as a condition of any waiver provided under section 9401 of the ESEA)--
(1) mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction,
instructional content, specific academic standards or
assessments;
(2) incentivize a State, local educational agency, or
school to adopt any specific instructional content, academic
standards, academic assessments, curriculum, or program of
instruction, including by providing any priority, preference,
or special consideration during the application process for any
grant, contract, or cooperative agreement that is based on the
adoption of any specific instructional content, academic
standards, academic assessments, curriculum, or program of
instruction; or
(3) make financial support available in a manner that is
conditioned upon a State, local educational agency, or school's
adoption of any specific instructional content, academic
standards, academic assessments, curriculum, or program of
instruction (such as the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
standards common to a significant number of States, or any
specific assessment, instructional content, or curriculum
aligned to such standards).
Sec. 312. Career Pathways Programs.--
(1) Subsection (d) of section 484 of the HEA is amended by
replacing (d)(2) with the following:
``(2) Eligible career pathway program.--In this subsection,
the term `eligible career pathway program' means a program that
combines rigorous and high-quality education, training, and
other services that--
``(A) aligns with the skill needs of industries in
the economy of the State or regional economy involved;
``(B) prepares an individual to be successful in
any of a full range of secondary or postsecondary
education options, including apprenticeships registered
under the Act of August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.) (referred to individually in
this Act as an `apprenticeship', except in section
171);
``(C) includes counseling to support an individual
in achieving the individual's education and career
goals;
``(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific
occupation or occupational cluster;
``(E) organizes education, training, and other
services to meet the particular needs of an individual
in a manner that accelerates the educational and career
advancement of the individual to the extent
practicable;
``(F) enables an individual to attain a secondary
school diploma or its recognized equivalent, and at
least 1 recognized postsecondary credential; and
``(G) helps an individual enter or advance within a
specific occupation or occupational cluster.''.
(2) Subsection (b) of section 401 of the HEA is amended by
striking the addition to (b)(2)(A)(ii) made by subsection
309(b) of division G of Public Law 113-235.
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.
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''), $614,075,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C),
and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $16,038,000 shall be available to
provide assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and notwithstanding
section 501(a)(5)(B) of the 1990 Act; (3) $30,000,000 shall be
available to carry out subtitle E of the 1990 Act; and (4) $3,800,000
shall be available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of section 198P
shall be awarded by CNCS on a competitive basis: Provided further,
That for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a determination of
need by the local community.
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, $145,000,000, 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, $80,000,000.
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: Provided further, That
notwithstanding any other provision of law, from amounts appropriated
under the Consolidated Appropriations Act, 2014 (Public Law 113-76) for
the Corporation for Public Broadcasting for fiscal year 2016, not to
exceed $40,000,000 may be available for allocation to provide funding
for the first phase of the multi-year project to replace and upgrade
the public television interconnection system without altering the
percentages of funds made available for allocation pursuant to
subclause (II) of section 396(k)(3)(A)(i) of the Communications Act of
1934 (47 U.S.C. 396(k)(3)(A)(i)) from the total of such amounts and
without altering the percentages of funds made available for allocation
pursuant to subclause (I), subclause (III) and subclause (IV) of that
section of that Act from any remaining amounts.
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,
$47,823,000, 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, $15,950,000.
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, $7,250,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,100,000, 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, $3,075,000.
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, $246,802,000: 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 provision
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 in this or any other Act making
appropriations for the National Labor Relations Board or any other
Federal Agencies shall 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. As
established in TLI, Inc. 271 NLRB 798 (1984) enforced 772 F.2d 894 (3d
Cir. 1985), Airborne Express, 338 NLRB 597 (2002), and The Southland
Corporation dba Speedee 7-Eleven, 170 NLRB 1332 (1968), a ``joint
employer'' under the National Labor Relations Act as of January 1, 2014
is defined as two or more separate and independent business entities
where one entity directly and immediately controls the essential terms
and conditions of employment of the other entity's employees, including
hiring, firing, discipline, supervision and direction.
Sec. 409. None of the funds in 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 but not limited to the majority opinion in footnote 2),
except for unit determinations currently governed by NLRB rule section
103.30 for employers currently covered by such rules. Further, no funds
in this Act shall 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,
$12,600,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $11,100,000.
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,
$46,110,777,000, 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 $10,044,945,000 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 $11,900,000 may be used for necessary
expenses for the planning and design of the renovation and
modernization of SSA facilities, to remain available until expended:
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, $1,439,000,000 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 $1,166,000,000 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,
$28,829,000, together with not to exceed $74,521,000, 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 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.
Sec. 521. (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. 522. 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. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall--
(1) be designed to improve outcomes for disconnected youth;
(2) include communities that have recently experienced
civil unrest; and
(3) involve Federal programs targeted on disconnected
youth, or designed to prevent youth from disconnecting from
school or work, that provide education, training, employment,
and other related social services. Such Pilots shall be
governed by the provisions of section 526 of division H of
Public Law 113-76, except that in carrying out such Pilots
section 526 shall be applied by substituting ``Fiscal Year
2016'' for ``Fiscal Year 2014'' in the title of subsection (b)
and by substituting ``September 30, 2020'' for ``September 30,
2018'' each place it appears.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, and section
524 of division G of Public Law 113-235: Provided, That new pilots
that are being carried out with discretionary funds made available in
division G of Public Law 113-25 shall include communities that have
recently experienced civil unrest.
Sec. 526. 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. 527. Section 2812(d)(2) of the Public Health Service Act (42
U.S.C. 300hh-11(d)(2)) is amended--
(1) by redesignating the three sentences as subparagraphs
(A), (B), and (C), respectively, and indenting accordingly;
(2) in subparagraph (A), as so redesignated, by striking
``An'' and inserting ``In general.--An'';
(3) in subparagraph (B), as so redesignated, by striking
``With'' and inserting ``Application to training programs.--
With'';
(4) in subparagraph (C), as so redesignated, by striking
``In'' and inserting ``Responsibility of labor secretary.--
In''; and
(5) by adding at the end the following new subparagraphs:
``(D) Computation of pay.--In the event of an
injury to such an intermittent disaster response
appointee, the position of the employee shall be deemed
to be `one which would have afforded employment for
substantially a whole year', for purposes of section
8114(d)(2) of such title.
``(E) Continuation of pay.--The weekly pay of such
an employee shall be deemed to be the hourly pay in
effect on the date of the injury multiplied by 40, for
purposes of computing benefits under section 8118 of
such title.''.
Sec. 528. None of the funds in this Act may be obligated or
expended in contravention of 8 U.S.C. 1183a.
(rescission)
Sec. 529. Of the funds made available for fiscal year 2016 under
section 3403 of Public Law 111-148, $15,000,000 are hereby rescinded.
(rescission)
Sec. 530. Of the funds made available for the Consumer Operated
and Oriented Plans under section 1322 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18042), $18,000,000 are hereby
rescinded.
(rescission)
Sec. 531. Amounts deposited or available in the Child Enrollment
Contingency Fund from appropriations to the Fund under section
2104(n)(2)(A)(i) of the Social Security Act and the income derived from
investment of those funds pursuant to 2104(n)(2)(C) of that Act, shall
not be available for obligation in this fiscal year.
(rescission)
Sec. 532. Of any available amounts appropriated under section 108
of Public Law 111-3, as amended, $3,970,478,000 are hereby rescinded.
(rescission)
Sec. 533. Of the unobligated balances available from the Community
Health Center Fund in prior fiscal years, $190,000,000 are hereby
rescinded.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2016''.
Calendar No. 137
114th CONGRESS
1st Session
S. 1695
[Report No. 114-74]
_______________________________________________________________________
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.
_______________________________________________________________________
June 25, 2015
Read twice and placed on the calendar
Committee on Appropriations Senate Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies. Hearings held. With printed Hearing: S.Hrg. 114-476.
Committee on Appropriations Senate Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies. Hearings held. With printed Hearing: S.Hrg. 114-476.
Committee on Appropriations Senate Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies. Hearings held. With printed Hearing: S.Hrg. 114-476.
Committee on Appropriations Senate Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies. Hearings held. With printed Hearing: S.Hrg. 114-476.
Committee on Appropriations Senate Subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies. Hearings held. With printed Hearing: S.Hrg. 114-476.
Introduced in Senate
Committee on Appropriations. Original measure reported to Senate by Senator Blunt. With written report No. 114-74.
Committee on Appropriations. Original measure reported to Senate by Senator Blunt. With written report No. 114-74.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 137.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line