IB 

Union Calendar No. 145 

114TH CONGRESS 

1ST SESSION H. R. 3020 

[Report No. 114–195] 

Making appropriations for the Departments of Labor, Health and Human 

Services, and Education, and related agencies for the fiscal year ending 

September 30, 2016, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2015 

Mr. COLE, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2016, and 

for other purposes. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•HR 3020 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

7 September 30, 2016, and for other purposes, namely: 

8 TITLE I—DEPARTMENT OF LABOR 

9 EMPLOYMENT AND TRAINING ADMINISTRATION

10 TRAINING AND EMPLOYMENT SERVICES

11 For necessary expenses of the Workforce Innovation 

12 and Opportunity Act (referred to in this Act as ‘‘WIOA’’) 

13 and the Second Chance Act of 2007, $3,003,314,000, plus 

14 reimbursements, shall be available. Of the amounts pro15 vided: 

16 (1) for grants to States for adult employment 

17 and training activities, youth activities, and dis18 located worker employment and training activities, 

19 $2,624,108,000 as follows: 

20 (A) $776,736,000 for adult employment 

21 and training activities, of which $64,736,000 

22 shall be available for the period July 1, 2016, 

23 through June 30, 2017, and of which 

24 $712,000,000 shall be available for the period 

25 October 1, 2016 through June 30, 2017; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•HR 3020 RH

1 (B) $831,842,000 for youth activities, 

2 which shall be available for the period April 1, 

3 2016 through June 30, 2017; and 

4 (C) $1,015,530,000 for dislocated worker 

5 employment and training activities, of which 

6 $155,530,000 shall be available for the period 

7 July 1, 2016 through June 30, 2017, and of 

8 which $860,000,000 shall be available for the 

9 period October 1, 2016 through June 30, 2017: 

10 Provided, That notwithstanding section 128(a)(1) of 

11 the WIOA, the amount available to the Governor for 

12 statewide workforce investment activities shall not 

13 exceed 11 percent of the amount allotted to the 

14 State from each of the appropriations under the pre15 ceding subparagraphs; 

16 (2) for national programs, $379,206,000 as fol17 lows: 

18 (A) $74,000,000 for the dislocated workers 

19 assistance national reserve, of which 

20 $14,800,000 shall be available for the period 

21 July 1, 2016 through September 30, 2017, and 

22 of which $59,200,000 shall be available for the 

23 period October 1, 2016 through September 30, 

24 2017: Provided, That funds provided to carry 

25 out section 132(a)(2)(A) of the WIOA may be 


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

•HR 3020 RH

1 used to provide assistance to a State for state2 wide or local use in order to address cases 

3 where there have been worker dislocations 

4 across multiple sectors or across multiple local 

5 areas and such workers remain dislocated; co6 ordinate the State workforce development plan 

7 with emerging economic development needs; and 

8 train such eligible dislocated workers: Provided 

9 further, That funds provided to carry out sec10 tions 168(b) and 169(c) of the WIOA may be 

11 used for technical assistance and demonstration 

12 projects, respectively, that provide assistance to 

13 new entrants in the workforce and incumbent 

14 workers; 

15 (B) $50,000,000 for Native American pro16 grams under section 166 of the WIOA, which 

17 shall be available for the period July 1, 2016 

18 through June 30, 2017; 

19 (C) $81,896,000 for migrant and seasonal 

20 farmworker programs under section 167 of the 

21 WIOA, including $75,885,000 for formula 

22 grants (of which not less than 70 percent shall 

23 be for employment and training services), 

24 $5,517,000 for migrant and seasonal housing 

25 (of which not less than 70 percent shall be for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
5 

•HR 3020 RH

1 permanent housing), and $494,000 for other 

2 discretionary purposes, which shall be available 

3 for the period July 1, 2016 through June 30, 

4 2017: Provided, That notwithstanding any 

5 other provision of law or related regulation, the 

6 Department of Labor shall take no action lim7 iting the number or proportion of eligible par8 ticipants receiving related assistance services or 

9 discouraging grantees from providing such serv10 ices; 

11 (D) $82,000,000 for YouthBuild activities 

12 as described in section 171 of the WIOA, which 

13 shall be available for the period April 1, 2016 

14 through June 30, 2017; 

15 (E) $3,232,000 for technical assistance ac16 tivities under section 168 of the WIOA, which 

17 shall be available for the period July 1, 2016 

18 through June 30, 2017; 

19 (F) $82,078,000 for ex-offender activities, 

20 under the authority of section 169 of the WIOA 

21 and section 212 of the Second Chance Act of 

22 2007, which shall be available for the period 

23 April 1, 2016 through June 30, 2017: Provided, 

24 That of this amount, $20,000,000 shall be for 

25 competitive grants to national and regional 


asabaliauskas on DSK5VPTVN1PROD with BILLS
6 

•HR 3020 RH

1 intermediaries for activities that prepare young 

2 ex-offenders and school dropouts for employ3 ment, with a priority for projects serving high4 crime, high-poverty areas; and 

5 (G) $6,000,000 for the Workforce Data 

6 Quality Initiative, under the authority of section 

7 169 of the WIOA, which shall be available for 

8 the period July 1, 2016 through June 30, 

9 2017. 

10 JOB CORPS

11 (INCLUDING TRANSFER OF FUNDS)

12 To carry out subtitle C of title I of the WIOA, includ13 ing Federal administrative expenses, the purchase and 

14 hire of passenger motor vehicles, the construction, alter15 ation, and repairs of buildings and other facilities, and the 

16 purchase of real property for training centers as author17 ized by the WIOA, $1,688,155,000, plus reimbursements, 

18 as follows: 

19 (1) $1,580,825,000 for Job Corps Operations, 

20 which shall be available for the period July 1, 2016 

21 through June 30, 2017; 

22 (2) $75,000,000 for construction, rehabilitation 

23 and acquisition of Job Corps Centers, which shall be 

24 available for the period July 1, 2016 through June 

25 30, 2019, and which may include the acquisition, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
7 

•HR 3020 RH

1 maintenance, and repair of major items of equip2 ment: Provided, That the Secretary may transfer up 

3 to 15 percent of such funds to meet the operational 

4 needs of such centers or to achieve administrative ef5 ficiencies: Provided further, That any funds trans6 ferred pursuant to the preceding proviso shall not be 

7 available for obligation after June 30, 2017: Pro8 vided further, That the Committees on Appropria9 tions of the House of Representatives and the Sen10 ate are notified at least 15 days in advance of any 

11 transfer; and 

12 (3) $32,330,000 for necessary expenses of Job 

13 Corps, which shall be available for obligation for the 

14 period October 1, 2015 through September 30, 

15 2016: 

16 Provided, That no funds from any other appropriation 

17 shall be used to provide meal services at or for Job Corps 

18 centers. 

19 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

20 AMERICANS

21 To carry out title V of the Older Americans Act of 

22 1965 (referred to in this Act as ‘‘OAA’’), $434,371,000, 

23 which shall be available for the period July 1, 2016 

24 through June 30, 2017, and may be recaptured and reobli25 gated in accordance with section 517(c) of the OAA. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
8 

•HR 3020 RH

1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses, 

4 $81,566,000, together with not to exceed $3,468,557,000 

5 which may be expended from the Employment Security 

6 Administration Account in the Unemployment Trust Fund 

7 (‘‘the Trust Fund’’), of which: 

8 (1) $2,715,550,000 from the Trust Fund is for 

9 grants to States for the administration of State un10 employment insurance laws as authorized under title 

11 III of the Social Security Act (including not less 

12 than $120,000,000 to conduct in-person reemploy13 ment and eligibility assessments and unemployment 

14 insurance improper payment reviews, and to provide 

15 reemployment services and referrals to training as 

16 appropriate, for all claimants of unemployment in17 surance for ex-service members under 5 U.S.C. 8521 

18 et. seq. and for the claimants of regular unemploy19 ment compensation who are profiled as most likely 

20 to exhaust their benefits in each State, and 

21 $3,000,000 for continued support of the Unemploy22 ment Insurance Integrity Center of Excellence), the 

23 administration of unemployment insurance for Fed24 eral employees and for ex-service members as au25 thorized under 5 U.S.C. 8501–8523, and the adminVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
9 

•HR 3020 RH

1 istration of trade readjustment allowances, reem2 ployment trade adjustment assistance, and alter3 native trade adjustment assistance under the Trade 

4 Act of 1974 and under sections 231(a) and 233(b) 

5 of the Trade Adjustment Assistance Extension Act 

6 of 2011, and shall be available for obligation by the 

7 States through December 31, 2016, except that 

8 funds used for automation acquisitions shall be 

9 available for Federal obligation through December 

10 31, 2016, and for State obligation through Sep11 tember 30, 2018, or, if the automation acquisition is 

12 being carried out through consortia of States, for 

13 State obligation through September 30, 2021, and 

14 for expenditure through September 30, 2022, and 

15 funds for competitive grants awarded to States for 

16 improved operations, to conduct in-person assess17 ments and reviews and provide reemployment serv18 ices and referrals,shall be available for Federal obli19 gation through December 31, 2016 and for obliga20 tion by the States through September 30, 2018, and 

21 funds used for unemployment insurance workloads 

22 experienced by the States through September 30, 

23 2016 shall be available for Federal obligation 

24 through December 31, 2016; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
10 

•HR 3020 RH

1 (2) $14,547,000 from the Trust Fund is for na2 tional activities necessary to support the administra3 tion of the Federal-State unemployment insurance 

4 system; 

5 (3) $642,771,000 from the Trust Fund, to6 gether with $21,413,000 from the General Fund of 

7 the Treasury, is for grants to States in accordance 

8 with section 6 of the Wagner-Peyser Act, and shall 

9 be available for Federal obligation for the period 

10 July 1, 2016 through June 30, 2017; 

11 (4) $19,818,000 from the Trust Fund is for na12 tional activities of the Employment Service, includ13 ing administration of the work opportunity tax cred14 it under section 51 of the Internal Revenue Code of 

15 1986, and the provision of technical assistance and 

16 staff training under the Wagner-Peyser Act; 

17 (5) $75,871,000 from the Trust Fund is for the 

18 administration of foreign labor certifications and re19 lated activities under the Immigration and Nation20 ality Act and related laws, of which $61,589,000 

21 shall be available for the Federal administration of 

22 such activities, and $14,282,000 shall be available 

23 for grants to States for the administration of such 

24 activities; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
11 

•HR 3020 RH

1 (6) $60,153,000 from the General Fund is to 

2 provide workforce information, national electronic 

3 tools, and one-stop system building under the Wag4 ner-Peyser Act and shall be available for Federal ob5 ligation for the period July 1, 2016 through June 

6 30, 2017: 

7 Provided, That to the extent that the Average Weekly In8 sured Unemployment (‘‘AWIU’’) for fiscal year 2016 is 

9 projected by the Department of Labor to exceed 

10 2,957,000, an additional $28,600,000 from the Trust 

11 Fund shall be available for obligation for every 100,000 

12 increase in the AWIU level (including a pro rata amount 

13 for any increment less than 100,000) to carry out title 

14 III of the Social Security Act: Provided further, That 

15 funds appropriated in this Act that are allotted to a State 

16 to carry out activities under title III of the Social Security 

17 Act may be used by such State to assist other States in 

18 carrying out activities under such title III if the other 

19 States include areas that have suffered a major disaster 

20 declared by the President under the Robert T. Stafford 

21 Disaster Relief and Emergency Assistance Act: Provided 

22 further, That the Secretary may use funds appropriated 

23 for grants to States under title III of the Social Security 

24 Act to make payments on behalf of States for the use of 

25 the National Directory of New Hires under section 


asabaliauskas on DSK5VPTVN1PROD with BILLS
12 

•HR 3020 RH

1 453(j)(8) of such Act: Provided further, That the Sec2 retary may use funds appropriated for grants to States 

3 under title III of the Social Security Act to make pay4 ments on behalf of States to the entity operating the State 

5 Information Data Exchange System: Provided further, 

6 That funds appropriated in this Act which are used to es7 tablish a national one-stop career center system, or which 

8 are used to support the national activities of the Federal9 State unemployment insurance, employment service, or 

10 immigration programs, may be obligated in contracts, 

11 grants, or agreements with States and non-State entities: 

12 Provided further, That States awarded competitive grants 

13 for improved operations under title III of the Social Secu14 rity Act, or awarded grants to support the national activi15 ties of the Federal-State unemployment insurance system, 

16 may award subgrants to other States under such grants, 

17 subject to the conditions applicable to the grants: Provided 

18 further, That funds appropriated under this Act for activi19 ties authorized under title III of the Social Security Act 

20 and the Wagner-Peyser Act may be used by States to fund 

21 integrated Unemployment Insurance and Employment 

22 Service automation efforts, notwithstanding cost allocation 

23 principles prescribed under the Office of Management and 

24 Budget Circular A–87: Provided further, That the Sec25 retary, at the request of a State participating in a consorVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
13 

•HR 3020 RH

1 tium with other States, may reallot funds allotted to such 

2 State under title III of the Social Security Act to other 

3 States participating in the consortium in order to carry 

4 out activities that benefit the administration of the unem5 ployment compensation law of the State making the re6 quest: Provided further, That the Secretary may collect 

7 fees for the costs associated with additional data collec8 tion, analyses, and reporting services relating to the Na9 tional Agricultural Workers Survey requested by State 

10 and local governments, public and private institutions of 

11 higher education, and non-profit organizations and may 

12 utilize such sums, in accordance with the provisions of 29 

13 U.S.C. 9a, for the National Agricultural Workers Survey 

14 infrastructure, methodology, and data to meet the infor15 mation collection and reporting needs of such entities, 

16 which shall be credited to this appropriation and shall re17 main available until September 30, 2017, for such pur18 poses. 

19 In addition, $30,000,000 from the Employment Se20 curity Administration Account of the Unemployment 

21 Trust Fund shall be available for in-person reemployment 

22 and eligibility assessments and unemployment insurance 

23 improper payment reviews and to provide reemployment 

24 services and referrals to training as appropriate, for the 

25 claimants of regular unemployment compensation who are 


asabaliauskas on DSK5VPTVN1PROD with BILLS
14 

•HR 3020 RH

1 profiled as most likely to exhaust their benefits in each 

2 State, which shall be available for Federal obligations 

3 through December 31, 2016, and for State obligation 

4 through September 30, 2018. 

5 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

6 OTHER FUNDS

7 For repayable advances to the Unemployment Trust 

8 Fund as authorized by sections 905(d) and 1203 of the 

9 Social Security Act, and to the Black Lung Disability 

10 Trust Fund as authorized by section 9501(c)(1) of the In11 ternal Revenue Code of 1986; and for nonrepayable ad12 vances to the revolving fund established by section 901(e) 

13 of the Social Security Act, to the Unemployment Trust 

14 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 

15 Unemployment Benefits and Allowances’’ account, such 

16 sums as may be necessary, which shall be available for 

17 obligation through September 30, 2017. 

18 PROGRAM ADMINISTRATION

19 For expenses of administering employment and train20 ing programs, $107,636,000, together with not to exceed 

21 $50,732,000 which may be expended from the Employ22 ment Security Administration Account in the Unemploy23 ment Trust Fund. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
15 

•HR 3020 RH

1 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Employee Benefits 

4 Security Administration, $180,699,000. 

5 PENSION BENEFIT GUARANTY CORPORATION

6 PENSION BENEFIT GUARANTY CORPORATION FUND

7 The Pension Benefit Guaranty Corporation (‘‘Cor8 poration’’) is authorized to make such expenditures, in9 cluding financial assistance authorized by subtitle E of 

10 title IV of the Employee Retirement Income Security Act 

11 of 1974, within limits of funds and borrowing authority 

12 available to the Corporation, and in accord with law, and 

13 to make such contracts and commitments without regard 

14 to fiscal year limitations, as provided by 31 U.S.C. 9104, 

15 as may be necessary in carrying out the program, includ16 ing associated administrative expenses, through Sep17 tember 30, 2016, for the Corporation: Provided, That 

18 none of the funds available to the Corporation for fiscal 

19 year 2016 shall be available for obligations for administra20 tive expenses in excess of $431,799,000: Provided further, 

21 That to the extent that the number of new plan partici22 pants in plans terminated by the Corporation exceeds 

23 100,000 in fiscal year 2016, an amount not to exceed an 

24 additional $9,200,000 shall be available through Sep25 tember 30, 2017, for obligation for administrative exVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
16 

•HR 3020 RH

1 penses for every 20,000 additional terminated partici2 pants: Provided further, That obligations in excess of the 

3 amounts provided in this paragraph may be incurred for 

4 unforeseen and extraordinary pretermination expenses or 

5 extraordinary multiemployer program related expenses 

6 after approval by the Office of Management and Budget 

7 and notification of the Committees on Appropriations of 

8 the House of Representatives and the Senate. 

9 WAGE AND HOUR DIVISION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Wage and Hour Divi12 sion, including reimbursement to State, Federal, and local 

13 agencies and their employees for inspection services ren14 dered, $215,500,000. 

15 OFFICE OF LABOR-MANAGEMENT STANDARDS

16 SALARIES AND EXPENSES

17 For necessary expenses for the Office of Labor-Man18 agement Standards, $42,000,000. 

19 OFFICE OF FEDERAL CONTRACT COMPLIANCE

20 PROGRAMS

21 SALARIES AND EXPENSES

22 For necessary expenses for the Office of Federal Con23 tract Compliance Programs, $100,500,000. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
17 

•HR 3020 RH

1 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Workers’ 

4 Compensation Programs, $112,665,000, together with 

5 $2,177,000 which may be expended from the Special Fund 

6 in accordance with sections 39(c), 44(d), and 44(j) of the 

7 Longshore and Harbor Workers’ Compensation Act. 

8 SPECIAL BENEFITS

9 (INCLUDING TRANSFER OF FUNDS)

10 For the payment of compensation, benefits, and ex11 penses (except administrative expenses) accruing during 

12 the current or any prior fiscal year authorized by 5 U.S.C. 

13 81; continuation of benefits as provided for under the 

14 heading ‘‘Civilian War Benefits’’ in the Federal Security 

15 Agency Appropriation Act, 1947; the Employees’ Com16 pensation Commission Appropriation Act, 1944; section 

17 5(f) of the War Claims Act (50 U.S.C. App. 2004); obliga18 tions incurred under the War Hazards Compensation Act 

19 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

20 compensation and benefits required by section 10(h) of the 

21 Longshore and Harbor Workers’ Compensation Act, 

22 $210,000,000, together with such amounts as may be nec23 essary to be charged to the subsequent year appropriation 

24 for the payment of compensation and other benefits for 

25 any period subsequent to August 15 of the current year, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
18 

•HR 3020 RH

1 for deposit into and to assume the attributes of the Em2 ployees’ Compensation Fund established under 5 U.S.C. 

3 8147(a): Provided, That amounts appropriated may be 

4 used under 5 U.S.C. 8104 by the Secretary to reimburse 

5 an employer, who is not the employer at the time of injury, 

6 for portions of the salary of a re-employed, disabled bene7 ficiary: Provided further, That balances of reimbursements 

8 unobligated on September 30, 2015, shall remain available 

9 until expended for the payment of compensation, benefits, 

10 and expenses: Provided further, That in addition there 

11 shall be transferred to this appropriation from the Postal 

12 Service and from any other corporation or instrumentality 

13 required under 5 U.S.C. 8147(c) to pay an amount for 

14 its fair share of the cost of administration, such sums as 

15 the Secretary determines to be the cost of administration 

16 for employees of such fair share entities through Sep17 tember 30, 2016: Provided further, That of those funds 

18 transferred to this account from the fair share entities to 

19 pay the cost of administration of the Federal Employees’ 

20 Compensation Act, $62,170,000 shall be made available 

21 to the Secretary as follows: 

22 (1) For enhancement and maintenance of auto23 mated data processing systems operations and tele24 communications systems, $21,140,000; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
19 

•HR 3020 RH

1 (2) For automated workload processing oper2 ations, including document imaging, centralized mail 

3 intake, and medical bill processing, $22,968,000; 

4 (3) For periodic roll disability management and 

5 medical review, $16,668,000; 

6 (4) For program integrity, $1,394,000; and 

7 (5) The remaining funds shall be paid into the 

8 Treasury as miscellaneous receipts: 

9 Provided further, That the Secretary may require that any 

10 person filing a notice of injury or a claim for benefits 

11 under 5 U.S.C. 81, or the Longshore and Harbor Work12 ers’ Compensation Act, provide as part of such notice and 

13 claim, such identifying information (including Social Secu14 rity account number) as such regulations may prescribe. 

15 SPECIAL BENEFITS FOR DISABLED COAL MINERS

16 For carrying out title IV of the Federal Mine Safety 

17 and Health Act of 1977, as amended by Public Law 107– 

18 275, $69,302,000, to remain available until expended. 

19 For making after July 31 of the current fiscal year, 

20 benefit payments to individuals under title IV of such Act, 

21 for costs incurred in the current fiscal year, such amounts 

22 as may be necessary. 

23 For making benefit payments under title IV for the 

24 first quarter of fiscal year 2017, $19,000,000, to remain 

25 available until expended. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
20 

•HR 3020 RH

1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $58,552,000, to remain available until expended: Pro6 vided, That the Secretary may require that any person fil7 ing a claim for benefits under the Act provide as part of 

8 such claim such identifying information (including Social 

9 Security account number) as may be prescribed. 

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Such sums as may be necessary from the Black Lung 

13 Disability Trust Fund (the ‘‘Fund’’), to remain available 

14 until expended, for payment of all benefits authorized by 

15 section 9501(d)(1), (2), (6), and (7) of the Internal Rev16 enue Code of 1986; and repayment of, and payment of 

17 interest on advances, as authorized by section 9501(d)(4) 

18 of that Act. In addition, the following amounts may be 

19 expended from the Fund for fiscal year 2016 for expenses 

20 of operation and administration of the Black Lung Bene21 fits program, as authorized by section 9501(d)(5): not to 

22 exceed $35,244,000 for transfer to the Office of Workers’ 

23 Compensation Programs, ‘‘Salaries and Expenses’’; not to 

24 exceed $30,279,000 for transfer to Departmental Manage25 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 


asabaliauskas on DSK5VPTVN1PROD with BILLS
21 

•HR 3020 RH

1 for transfer to Departmental Management, ‘‘Office of In2 spector General’’; and not to exceed $356,000 for pay3 ments into miscellaneous receipts for the expenses of the 

4 Department of the Treasury. 

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Occupational Safety 

8 and Health Administration, $535,000,000, including not 

9 to exceed $103,000,000 which shall be the maximum 

10 amount available for grants to States under section 23(g) 

11 of the Occupational Safety and Health Act (the ‘‘Act’’), 

12 which grants shall be no less than 50 percent of the costs 

13 of State occupational safety and health programs required 

14 to be incurred under plans approved by the Secretary 

15 under section 18 of the Act; and, in addition, notwith16 standing 31 U.S.C. 3302, the Occupational Safety and 

17 Health Administration may retain up to $499,000 per fis18 cal year of training institute course tuition and fees, other19 wise authorized by law to be collected, and may utilize 

20 such sums for occupational safety and health training and 

21 education: Provided, That notwithstanding 31 U.S.C. 

22 3302, the Secretary is authorized, during the fiscal year 

23 ending September 30, 2016, to collect and retain fees for 

24 services provided to Nationally Recognized Testing Lab25 oratories, and may utilize such sums, in accordance with 


asabaliauskas on DSK5VPTVN1PROD with BILLS
22 

•HR 3020 RH

1 the provisions of 29 U.S.C. 9a, to administer national and 

2 international laboratory recognition programs that ensure 

3 the safety of equipment and products used by workers in 

4 the workplace: Provided further, That none of the funds 

5 appropriated under this paragraph shall be obligated or 

6 expended to prescribe, issue, administer, or enforce any 

7 standard, rule, regulation, or order under the Act which 

8 is applicable to any person who is engaged in a farming 

9 operation which does not maintain a temporary labor 

10 camp and employs 10 or fewer employees: Provided fur11 ther, That no funds appropriated under this paragraph 

12 shall be obligated or expended to administer or enforce 

13 any standard, rule, regulation, or order under the Act with 

14 respect to any employer of 10 or fewer employees who is 

15 included within a category having a Days Away, Re16 stricted, or Transferred (‘‘DART’’) occupational injury 

17 and illness rate, at the most precise industrial classifica18 tion code for which such data are published, less than the 

19 national average rate as such rates are most recently pub20 lished by the Secretary, acting through the Bureau of 

21 Labor Statistics, in accordance with section 24 of the Act, 

22 except— 

23 (1) to provide, as authorized by the Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
23 

•HR 3020 RH

1 (2) to conduct an inspection or investigation in 

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and 

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for 

6 any willful violations found; 

7 (3) to take any action authorized by the Act 

8 with respect to imminent dangers; 

9 (4) to take any action authorized by the Act 

10 with respect to health hazards; 

11 (5) to take any action authorized by the Act 

12 with respect to a report of an employment accident 

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees, 

15 and to take any action pursuant to such investiga16 tion authorized by the Act; and 

17 (6) to take any action authorized by the Act 

18 with respect to complaints of discrimination against 

19 employees for exercising rights under the Act: 

20 Provided further, That the foregoing proviso shall not 

21 apply to any person who is engaged in a farming operation 

22 which does not maintain a temporary labor camp and em23 ploys 10 or fewer employees. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
24 

•HR 3020 RH

1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and 

4 Health Administration, $371,000,000, including purchase 

5 and bestowal of certificates and trophies in connection 

6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles, including up to $2,000,000 for 

8 mine rescue and recovery activities and not less than 

9 $8,441,000 for state assistance grants: Provided, That 

10 notwithstanding 31 U.S.C. 3302, not to exceed $750,000 

11 may be collected by the National Mine Health and Safety 

12 Academy for room, board, tuition, and the sale of training 

13 materials, otherwise authorized by law to be collected, to 

14 be available for mine safety and health education and 

15 training activities: Provided further, That notwithstanding 

16 31 U.S.C. 3302, the Mine Safety and Health Administra17 tion is authorized to collect and retain up to $2,499,000 

18 from fees collected for the approval and certification of 

19 equipment, materials, and explosives for use in mines, and 

20 may utilize such sums for such activities: Provided further, 

21 That the Secretary is authorized to accept lands, build22 ings, equipment, and other contributions from public and 

23 private sources and to prosecute projects in cooperation 

24 with other agencies, Federal, State, or private: Provided 

25 further, That the Mine Safety and Health Administration 


asabaliauskas on DSK5VPTVN1PROD with BILLS
25 

•HR 3020 RH

1 is authorized to promote health and safety education and 

2 training in the mining community through cooperative 

3 programs with States, industry, and safety associations: 

4 Provided further, That the Secretary is authorized to rec5 ognize the Joseph A. Holmes Safety Association as a prin6 cipal safety association and, notwithstanding any other 

7 provision of law, may provide funds and, with or without 

8 reimbursement, personnel, including service of Mine Safe9 ty and Health Administration officials as officers in local 

10 chapters or in the national organization: Provided further, 

11 That any funds available to the Department of Labor may 

12 be used, with the approval of the Secretary, to provide 

13 for the costs of mine rescue and survival operations in the 

14 event of a major disaster. 

15 BUREAU OF LABOR STATISTICS

16 SALARIES AND EXPENSES

17 For necessary expenses for the Bureau of Labor Sta18 tistics, including advances or reimbursements to State, 

19 Federal, and local agencies and their employees for serv20 ices rendered, $544,000,000, together with not to exceed 

21 $65,000,000 which may be expended from the Employ22 ment Security Administration account in the Unemploy23 ment Trust Fund. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
26 

•HR 3020 RH

1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Disability 

4 Employment Policy to provide leadership, develop policy 

5 and initiatives, and award grants furthering the objective 

6 of eliminating barriers to the training and employment of 

7 people with disabilities, $38,203,000. 

8 DEPARTMENTAL MANAGEMENT

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for Departmental Manage12 ment, including the hire of three passenger motor vehicles, 

13 $284,229,000, together with not to exceed $308,000, 

14 which may be expended from the Employment Security 

15 Administration account in the Unemployment Trust 

16 Fund: Provided, That funds available to the Bureau of 

17 International Labor Affairs may be used to administer or 

18 operate international labor activities, bilateral and multi19 lateral technical assistance, and microfinance programs, 

20 by or through contracts, grants, subgrants and other ar21 rangements: Provided further, That $8,161,000 shall be 

22 used for program evaluation and shall be available for obli23 gation through September 30, 2017: Provided further, 

24 That funds available for program evaluation may be used 

25 to administer grants for the purpose of evaluation: ProVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
27 

•HR 3020 RH

1 vided further, That grants made for the purpose of evalua2 tion shall be awarded through fair and open competition: 

3 Provided further, That funds available for program evalua4 tion may be transferred to any other appropriate account 

5 in the Department for such purpose: Provided further, 

6 That the Committees on Appropriations of the House of 

7 Representatives and the Senate are notified at least 15 

8 days in advance of any transfer: Provided further, That 

9 the funds available to the Women’s Bureau may be used 

10 for grants to serve and promote the interests of women 

11 in the workforce. 

12 VETERANS EMPLOYMENT AND TRAINING

13 Not to exceed $233,001,000 may be derived from the 

14 Employment Security Administration account in the Un15 employment Trust Fund to carry out the provisions of 

16 chapters 41, 42, and 43 of title 38, United States Code, 

17 of which: 

18 (1) $175,000,000 is for Jobs for Veterans State 

19 grants under 38 U.S.C. 4102A(b)(5) to support dis20 abled veterans’ outreach program specialists under 

21 section 4103A of such title and local veterans’ em22 ployment representatives under section 4104(b) of 

23 such title, and for the expenses described in section 

24 4102A(b)(5)(C), which shall be available for obliga25 tion by the States through December 31, 2016 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
28 

•HR 3020 RH

1 not to exceed 3 percent for the necessary Federal ex2 penditures for data systems and contract support to 

3 allow for the tracking of participant and perform4 ance information: Provided, That, in addition, such 

5 funds may be used to support such specialists and 

6 representatives in the provision of services to 

7 transitioning members of the Armed Forces who 

8 have participated in the Transition Assistance Pro9 gram and have been identified as in need of inten10 sive services, to members of the Armed Forces who 

11 are wounded, ill, or injured and receiving treatment 

12 in military treatment facilities or warrior transition 

13 units, and to the spouses or other family caregivers 

14 of such wounded, ill, or injured members; 

15 (2) $14,100,000 is for carrying out the Transi16 tion Assistance Program under 38 U.S.C. 4113 and 

17 10 U.S.C. 1144; 

18 (3) $40,487,000 is for Federal administration 

19 of chapters 41, 42, and 43 of title 38, United States 

20 Code; and 

21 (4) $3,414,000 is for the National Veterans’ 

22 Employment and Training Services Institute under 

23 38 U.S.C. 4109: 

24 Provided, That the Secretary may reallocate among the 

25 appropriations provided under paragraphs (1) through (4) 


asabaliauskas on DSK5VPTVN1PROD with BILLS
29 

•HR 3020 RH

1 above an amount not to exceed 3 percent of the appropria2 tion from which such reallocation is made. 

3 In addition, from the General Fund of the Treasury, 

4 $38,109,000 is for carrying out programs to assist home5 less veterans and veterans at risk of homelessness who are 

6 transitioning from certain institutions under sections 

7 2021, 2021A, and 2023 of title 38, United States Code: 

8 Provided, That notwithstanding subsections (c)(3) and (d) 

9 of section 2023, the Secretary may award grants through 

10 September 30, 2016, to provide services under such sec11 tion: Provided further, That services provided under sec12 tion 2023 may include, in addition to services to the indi13 viduals described in subsection (e) of such section, services 

14 to veterans recently released from incarceration who are 

15 at risk of homelessness. 

16 IT MODERNIZATION

17 For necessary expenses for Department of Labor cen18 tralized infrastructure technology investment activities re19 lated to support systems and modernization, $29,778,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For salaries and expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, $79,000,000, together with not to 

24 exceed $5,660,000 which may be expended from the EmVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
30 

•HR 3020 RH

1 ployment Security Administration account in the Unem2 ployment Trust Fund. 

3 GENERAL PROVISIONS

4 SEC. 101. None of the funds appropriated by this Act 

5 for the Job Corps shall be used to pay the salary and bo6 nuses of an individual, either as direct costs or any prora7 tion as an indirect cost, at a rate in excess of Executive 

8 Level III. 

9 (TRANSFER OF FUNDS)

10 SEC. 102. Not to exceed 1 percent of any discre11 tionary funds (pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985) which are appro13 priated for the current fiscal year for the Department of 

14 Labor in this Act may be transferred between a program, 

15 project, or activity, but no such program, project, or activ16 ity shall be increased by more than 3 percent by any such 

17 transfer: Provided, That the transfer authority granted by 

18 this section shall not be used to create any new program 

19 or to fund any project or activity for which no funds are 

20 provided in this Act: Provided further, That the Commit21 tees on Appropriations of the House of Representatives 

22 and the Senate are notified at least 15 days in advance 

23 of any transfer. 

24 SEC. 103. In accordance with Executive Order 

25 13126, none of the funds appropriated or otherwise made 


asabaliauskas on DSK5VPTVN1PROD with BILLS
31 

•HR 3020 RH

1 available pursuant to this Act shall be obligated or ex2 pended for the procurement of goods mined, produced, 

3 manufactured, or harvested or services rendered, in whole 

4 or in part, by forced or indentured child labor in industries 

5 and host countries already identified by the United States 

6 Department of Labor prior to enactment of this Act. 

7 SEC. 104. None of the funds made available to the 

8 Department of Labor for grants under section 414(c) of 

9 the American Competitiveness and Workforce Improve10 ment Act of 1998 may be used for any purpose other than 

11 competitive grants for training individuals over the age of 

12 16 who are not currently enrolled in school within a local 

13 educational agency in the occupations and industries for 

14 which employers are using H–1B visas to hire foreign 

15 workers, and the related activities necessary to support 

16 such training: Provided, That the preceding limitation 

17 shall not apply to funding provided pursuant to solicita18 tions for grant applications issued prior to January 15, 

19 2014. 

20 SEC. 105. None of the funds made available by this 

21 Act under the heading ‘‘Employment and Training Ad22 ministration’’ shall be used by a recipient or subrecipient 

23 of such funds to pay the salary and bonuses of an indi24 vidual, either as direct costs or indirect costs, at a rate 

25 in excess of Executive Level III. This limitation shall not 


asabaliauskas on DSK5VPTVN1PROD with BILLS
32 

•HR 3020 RH

1 apply to vendors providing goods and services as defined 

2 in Office of Management and Budget Circular A–133. 

3 Where States are recipients of such funds, States may es4 tablish a lower limit for salaries and bonuses of those re5 ceiving salaries and bonuses from subrecipients of such 

6 funds, taking into account factors including the relative 

7 cost-of-living in the State, the compensation levels for 

8 comparable State or local government employees, and the 

9 size of the organizations that administer Federal pro10 grams involved including Employment and Training Ad11 ministration programs. 

12 (TRANSFER OF FUNDS)

13 SEC. 106. Notwithstanding section 102, the Sec14 retary may transfer funds made available to the Employ15 ment and Training Administration by this Act, either di16 rectly or through a set-aside, for technical assistance serv17 ices to grantees to ‘‘Program Administration’’ when it is 

18 determined that those services will be more efficiently per19 formed by Federal employees: Provided, That this section 

20 shall not apply to section 171 of the WIOA. 

21 (TRANSFER OF FUNDS)

22 SEC. 107. (a) The Secretary may reserve not more 

23 than 0.75 percent from each appropriation made available 

24 in this Act identified in subsection (b) in order to carry 

25 out evaluations of any of the programs or activities that 


asabaliauskas on DSK5VPTVN1PROD with BILLS
33 

•HR 3020 RH

1 are funded under such accounts. Any funds reserved under 

2 this section shall be transferred to ‘‘Departmental Man3 agement’’ for use by the Office of the Chief Evaluation 

4 Officer within the Department of Labor, and shall be 

5 available for obligation through September 30, 2017: Pro6 vided, That such funds shall only be available if the Chief 

7 Evaluation Officer of the Department of Labor submits 

8 a plan to the Committees on Appropriations of the House 

9 of Representatives and the Senate describing the evalua10 tions to be carried out 15 days in advance of any transfer. 

11 (b) The accounts referred to in subsection (a) are: 

12 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, 

13 ‘‘Community Service Employment for Older Americans’’, 

14 ‘‘State Unemployment Insurance and Employment Service 

15 Operations’’, ‘‘Employee Benefits Security Administra16 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

17 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract 

18 Compliance Programs’’, ‘‘Office of Labor Management 

19 Standards’’, ‘‘Occupational Safety and Health Adminis20 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of21 fice of Disability Employment Policy’’, funding made 

22 available to the ‘‘Bureau of International Affairs’’ and 

23 ‘‘Women’s Bureau’’ within the ‘‘Departmental Manage24 ment, Salaries and Expenses’’ account, and ‘‘Veterans 

25 Employment and Training’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
34 

•HR 3020 RH

1 SEC. 108. (a) FLEXIBILITY WITH RESPECT TO THE

2 CROSSING OF H–2B NONIMMIGRANTS.— 

3 (1) IN GENERAL.—Subject to paragraph (2), if 

4 a petition for H–2B nonimmigrants filed by an em5 ployer is granted, the employer may bring the non6 immigrants described in the petition into the United 

7 States at any time during the 120-day period begin8 ning on the start date for which the employer is 

9 seeking the services of the nonimmigrants without 

10 filing another petition. 

11 (2) REQUIREMENTS FOR CROSSINGS AFTER

12 90TH DAY.—An employer may not bring H–2B non13 immigrants into the United States after the date 

14 that is 90 days after the start date for which the 

15 employer is seeking the services of the non16 immigrants unless the employer— 

17 (A) completes a new assessment of the 

18 local labor market by— 

19 (i) listing job orders in local news20 papers on 2 separate Sundays; and 

21 (ii) posting the job opportunity on the 

22 appropriate Department of Labor Elec23 tronic Job Registry and at the employer’s 

24 place of employment; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
35 

•HR 3020 RH

1 (B) offers the job to an equally or better 

2 qualified United States worker who— 

3 (i) applies for the job; and 

4 (ii) will be available at the time and 

5 place of need. 

6 (3) EXEMPTION FROM RULES WITH RESPECT

7 TO STAGGERING.—The Secretary of Labor shall not 

8 consider an employer who brings H–2B non9 immigrants into the United States during the 120- 

10 day period specified in paragraph (1) to be stag11 gering the date of need in violation of section 

12 655.20(d) of title 20, Code of Federal Regulations, 

13 or any other applicable provision of law. 

14 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec15 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad16 mitted to the United States pursuant to section 

17 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

19 (TRANSFER OF FUNDS)

20 SEC. 109. (a) The Secretary may reserve not more 

21 than 0.25 percent from each appropriation made available 

22 in this Act identified in subsection (b) in order to carry 

23 out information technology purchases and upgrades for 

24 any of the programs or activities that are funded under 

25 such accounts. Any funds reserved under this section shall 


asabaliauskas on DSK5VPTVN1PROD with BILLS
36 

•HR 3020 RH

1 be transferred to ‘‘Departmental Management’’ for use by 

2 the Office of the Chief Information Officer within the De3 partment of Labor, and shall be available for obligation 

4 through September 30, 2017: Provided, That such funds 

5 shall only be available if the Chief Information Officer of 

6 the Department of Labor submits a plan to the Commit7 tees on Appropriations of the House of Representatives 

8 and the Senate describing the purchases and upgrades to 

9 be carried out and an explanation of why funds are not 

10 needed in the donor account 15 days in advance of any 

11 transfer. 

12 (b) The accounts referred to in subsection (a) are: 

13 ‘‘Employment and Training Administration Program Ad14 ministration’’, funding made available for Federal admin15 istration within ‘‘Job Corps’’, ‘‘Foreign Labor Certifi16 cation Program Administration’’, ‘‘Employee Benefits Se17 curity Administration’’, ‘‘Office of Workers’ Compensation 

18 Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office of Fed19 eral Contract Compliance Programs’’, ‘‘Office of Labor 

20 Management Standards’’, ‘‘Occupational Safety and 

21 Health Administration’’, ‘‘Mine Safety and Health Admin22 istration’’, ‘‘Veterans Employment and Training’’, ‘‘Bu23 reau of Labor Statistics’’, and ‘‘Office of Disability Em24 ployment Policy’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
37 

•HR 3020 RH

1 SEC. 110. Notwithstanding any other provision of 

2 law, beginning October 1, 2015, the Secretary of Labor, 

3 in consultation with the Secretary of Agriculture may se4 lect an entity to operate a Civilian Conservation Center 

5 on a competitive basis in accordance with section 147 of 

6 the WIOA, if the Secretary of Labor determines such Cen7 ter has had consistently low performance under the per8 formance accountability system in effect for the Job Corps 

9 program prior to July 1, 2016, or with respect to expected 

10 levels of performance established under section 159(c) of 

11 such Act beginning on July 1, 2016. 

12 SEC. 111. None of the funds made available by this 

13 Act may be used to implement, administer, or enforce the 

14 Establishing a Minimum Wage for Contractors regulation 

15 published by the Department of Labor in the Federal Reg16 ister on October 7, 2014 (79 Fed. Reg. 60634 et seq.), 

17 with respect to federal contracts, permits, or other con18 tract-like instruments entered into with the Federal Gov19 ernment in connection with federal property or lands, re20 lated to offering seasonal recreational services or seasonal 

21 recreation equipment rental for the general public. 

22 SEC. 112. None of the funds made available by this 

23 Act for ‘‘Department of Labor—Departmental Manage24 ment’’ may be used to establish the proposed Office of 

25 Labor Compliance. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
38 

•HR 3020 RH

1 SEC. 113. None of the funds made available by this 

2 Act may be used to finalize, implement, administer, or en3 force the proposed Definition of the Term ‘‘Fiduciary’’; 

4 Conflict of Interest Rule—Retirement Investment Advice 

5 regulation published by the Department of Labor in the 

6 Federal Register on April 20, 2015 (80 Fed. Reg. 21928 

7 et seq.). 

8 SEC. 114. An Occupational Safety and Health Ad9 ministration inspector shall not administer, enforce, or 

10 otherwise implement any policy or interpretation of the 

11 Occupational Safety and Health Administration that al12 lows an individual affiliated with a third party organiza13 tion to accompany such OSHA inspector on a walkaround 

14 inspection except in accordance with applicable laws and 

15 regulations and by a vote of approval of the employees 

16 of an affected worksite. 

17 This title may be cited as the ‘‘Department of Labor 

18 Appropriations Act, 2016’’. 

19 TITLE II—DEPARTMENT OF HEALTH AND 

20 HUMAN SERVICES 

21 HEALTH RESOURCES AND SERVICES ADMINISTRATION

22 PRIMARY HEALTH CARE

23 For carrying out titles II and III of the Public Health 

24 Service Act (referred to in this Act as the ‘‘PHS Act’’) 

25 with respect to primary health care and the Native HawaiVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
39 

•HR 3020 RH

1 ian Health Care Act of 1988, $1,491,522,000: Provided, 

2 That no more than $100,000 shall be available until ex3 pended for carrying out the provisions of section 224(o) 

4 of the PHS Act: Provided further, That no more than 

5 $99,893,000 shall be available until expended for carrying 

6 out the provisions of Public Law 104–73 and for expenses 

7 incurred by the Department of Health and Human Serv8 ices (referred to in this Act as ‘‘HHS’’) pertaining to ad9 ministrative claims made under such law. 

10 HEALTH WORKFORCE

11 For carrying out titles III, VII, and VIII of the PHS 

12 Act with respect to the health workforce, section 1128E 

13 of the Social Security Act, and the Health Care Quality 

14 Improvement Act of 1986, $742,670,000: Provided, That 

15 sections 747(c)(2), 751(j)(2), 762(k), and the proportional 

16 funding amounts in paragraphs (1) through (4) of section 

17 756(e) of the PHS Act shall not apply to funds made 

18 available under this heading: Provided further, That for 

19 any program operating under section 751 of the PHS Act 

20 on or before January 1, 2009, the Secretary of Health 

21 and Human Services (referred to in this title as the ‘‘Sec22 retary’’) may hereafter waive any of the requirements con23 tained in sections 751(d)(2)(A) and 751(d)(2)(B) of such 

24 Act for the full project period of a grant under such sec25 tion: Provided further, That no funds shall be available 


asabaliauskas on DSK5VPTVN1PROD with BILLS
40 

•HR 3020 RH

1 for section 340G–1 of the PHS Act: Provided further, 

2 That fees collected for the disclosure of information under 

3 section 427(b) of the Health Care Quality Improvement 

4 Act of 1986 and sections 1128E(d)(2) and 1921 of the 

5 Social Security Act shall be sufficient to recover the full 

6 costs of operating the programs authorized by such sec7 tions and shall remain available until expended for the Na8 tional Practitioner Data Bank: Provided further, That 

9 funds transferred to this account to carry out section 846 

10 and subpart 3 of part D of title III of the PHS Act may 

11 be used to make prior year adjustments to awards made 

12 under such sections. 

13 MATERNAL AND CHILD HEALTH

14 For carrying out titles III, XI, XII, and XIX of the 

15 PHS Act with respect to maternal and child health, title 

16 V of the Social Security Act, and section 712 of the Amer17 ican Jobs Creation Act of 2004, $843,617,000: Provided, 

18 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

19 the Social Security Act, not more than $77,093,000 shall 

20 be available for carrying out special projects of regional 

21 and national significance pursuant to section 501(a)(2) of 

22 such Act and $10,276,000 shall be available for projects 

23 described in subparagraphs (A) through (F) of section 

24 501(a)(3) of such Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
41 

•HR 3020 RH

1 RYAN WHITE HIV/AIDS PROGRAM

2 For carrying out title XXVI of the PHS Act with 

3 respect to the Ryan White HIV/AIDS program, 

4 $2,318,781,000, of which $1,970,881,000 shall remain 

5 available to the Secretary through September 30, 2018, 

6 for parts A and B of title XXVI of the PHS Act, and 

7 of which not less than $900,313,000 shall be for State 

8 AIDS Drug Assistance Programs under the authority of 

9 section 2616 or 311(c) of such Act. 

10 HEALTH CARE SYSTEMS

11 For carrying out titles III and XII of the PHS Act 

12 with respect to health care systems, and the Stem Cell 

13 Therapeutic and Research Act of 2005, $106,193,000, of 

14 which $122,000 shall be available until expended for facili15 ties renovations at the Gillis W. Long Hansen’s Disease 

16 Center. 

17 RURAL HEALTH

18 For carrying out titles III and IV of the PHS Act 

19 with respect to rural health, section 427(a) of the Federal 

20 Coal Mine Health and Safety Act of 1969, the Cardiac 

21 Arrest Survival Act of 2000, and sections 711 and 1820 

22 of the Social Security Act, $147,471,000, of which 

23 $41,609,000 from general revenues, notwithstanding sec24 tion 1820(j) of the Social Security Act, shall be available 

25 for carrying out the Medicare rural hospital flexibility 


asabaliauskas on DSK5VPTVN1PROD with BILLS
42 

•HR 3020 RH

1 grants program: Provided, That of the funds made avail2 able under this heading for Medicare rural hospital flexi3 bility grants, $14,942,000 shall be available for the Small 

4 Rural Hospital Improvement Grant Program for quality 

5 improvement and adoption of health information tech6 nology and up to $1,000,000 shall be to carry out section 

7 1820(g)(6) of the Social Security Act, with funds provided 

8 for grants under section 1820(g)(6) available for the pur9 chase and implementation of telehealth services, including 

10 pilots and demonstrations on the use of electronic health 

11 records to coordinate rural veterans care between rural 

12 providers and the Department of Veterans Affairs elec13 tronic health record system: Provided further, That not14 withstanding section 338J(k) of the PHS Act, $9,511,000 

15 shall be available for State Offices of Rural Health. 

16 PROGRAM MANAGEMENT

17 For program support in the Health Resources and 

18 Services Administration, $154,000,000: Provided, That 

19 funds made available under this heading may be used to 

20 supplement program support funding provided under the 

21 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

22 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

23 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
43 

•HR 3020 RH

1 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

2 For payments from the Vaccine Injury Compensation 

3 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

4 may be necessary for claims associated with vaccine-re5 lated injury or death with respect to vaccines administered 

6 after September 30, 1988, pursuant to subtitle 2 of title 

7 XXI of the PHS Act, to remain available until expended: 

8 Provided, That for necessary administrative expenses, not 

9 to exceed $7,500,000 shall be available from the Trust 

10 Fund to the Secretary. 

11 CENTERS FOR DISEASE CONTROL AND PREVENTION

12 IMMUNIZATION AND RESPIRATORY DISEASES

13 For carrying out titles II, III, XVII, and XXI, and 

14 section 2821 of the PHS Act, titles II and IV of the Immi15 gration and Nationality Act, and section 501 of the Ref16 ugee Education Assistance Act, with respect to immuniza17 tion and respiratory diseases, $607,781,000. 

18 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

19 DISEASES, AND TUBERCULOSIS PREVENTION

20 For carrying out titles II, III, XVII, and XXIII of 

21 the PHS Act with respect to HIV/AIDS, viral hepatitis, 

22 sexually transmitted diseases, and tuberculosis prevention, 

23 $1,117,609,000. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
44 

•HR 3020 RH

1 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

2 For carrying out titles II, III, and XVII, and section 

3 2821 of the PHS Act, titles II and IV of the Immigration 

4 and Nationality Act, and section 501 of the Refugee Edu5 cation Assistance Act, with respect to emerging and 

6 zoonotic infectious diseases, $460,598,000: Provided, That 

7 of the funds available under this heading, $30,000,000 

8 shall be for the Advanced Molecular Detection initiative. 

9 CHRONIC DISEASE PREVENTION AND HEALTH

10 PROMOTION

11 For carrying out titles II, III, XI, XV, XVII, and 

12 XIX of the PHS Act with respect to chronic disease pre13 vention and health promotion, $570,467,000: Provided, 

14 That funds appropriated under this account may be avail15 able for making grants under section 1509 of the PHS 

16 Act for not less than 21 States, tribes, or tribal organiza17 tions: Provided further, That of the funds available under 

18 this heading, $10,000,000 shall be available to continue 

19 and expand community specific extension and outreach 

20 programs to combat obesity in counties with the highest 

21 levels of obesity. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
45 

•HR 3020 RH

1 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

2 DISABILITIES AND HEALTH

3 For carrying out titles II, III, XI, and XVII of the 

4 PHS Act with respect to birth defects, developmental dis5 abilities, disabilities and health, $133,510,000. 

6 PUBLIC HEALTH SCIENTIFIC SERVICES

7 For carrying out titles II, III, and XVII of the PHS 

8 Act with respect to health statistics, surveillance, health 

9 informatics, and workforce development, $496,597,000. 

10 ENVIRONMENTAL HEALTH

11 For carrying out titles II, III, and XVII of the PHS 

12 Act with respect to environmental health, $145,580,000. 

13 INJURY PREVENTION AND CONTROL

14 For carrying out titles II, III, and XVII of the PHS 

15 Act with respect to injury prevention and control, 

16 $211,300,000: Provided, That of the funds provided under 

17 this heading, $70,000,000 shall be available for an evi18 dence-based prescription drug overdose prevention pro19 gram. 

20 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

21 HEALTH

22 For carrying out titles II, III, and XVII of the PHS 

23 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 

24 of the Federal Mine Safety and Health Act, section 13 

25 of the Mine Improvement and New Emergency Response 


asabaliauskas on DSK5VPTVN1PROD with BILLS
46 

•HR 3020 RH

1 Act, and sections 20, 21, and 22 of the Occupational Safe2 ty and Health Act, with respect to occupational safety and 

3 health, $341,100,000. 

4 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

5 COMPENSATION PROGRAM

6 For necessary expenses to administer the Energy 

7 Employees Occupational Illness Compensation Program 

8 Act, $55,358,000, to remain available until expended: Pro9 vided, That this amount shall be available consistent with 

10 the provision regarding administrative expenses in section 

11 151(b) of division B, title I of Public Law 106–554. 

12 GLOBAL HEALTH

13 For carrying out titles II, III, and XVII of the PHS 

14 Act with respect to global health, $426,925,000, of which 

15 $128,425,000 for international HIV/AIDS shall remain 

16 available through September 30, 2017: Provided, That 

17 funds may be used for purchase and insurance of official 

18 motor vehicles in foreign countries. 

19 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

20 For carrying out titles II, III, and XVII of the PHS 

21 Act with respect to public health preparedness and re22 sponse, and for expenses necessary to support activities 

23 related to countering potential biological, nuclear, radio24 logical, and chemical threats to civilian populations, 

25 $1,460,836,000, of which $610,136,000 shall remain 


asabaliauskas on DSK5VPTVN1PROD with BILLS
47 

•HR 3020 RH

1 available until expended for the Strategic National Stock2 pile: Provided, That in the event the Director of the CDC 

3 activates the Emergency Operations Center, the Director 

4 of the CDC may detail CDC staff without reimbursement 

5 for up to 45 days to support the work of the CDC Emer6 gency Operations Center, so long as the Director provides 

7 a notice to the Committees on Appropriations of the 

8 House of Representatives and the Senate within 15 days 

9 of the use of this authority and a full report within 30 

10 days after use of this authority which includes the number 

11 of staff and funding level broken down by the originating 

12 center and number of days detailed: Provided further, 

13 That funds appropriated under this heading may be used 

14 to support a contract for the operation and maintenance 

15 of an aircraft in direct support of activities throughout 

16 CDC to ensure the agency is prepared to address public 

17 health preparedness emergencies. 

18 BUILDINGS AND FACILITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 For acquisition of real property, equipment, construc21 tion, and renovation of facilities, $10,000,000, which shall 

22 remain available until September 30, 2020: Provided, 

23 That funds previously set-aside by CDC for repair and up24 grade of the Lake Lynn Experimental Mine and Labora25 tory shall be used to acquire a replacement mine safety 


asabaliauskas on DSK5VPTVN1PROD with BILLS
48 

•HR 3020 RH

1 research facility: Provided further, That in addition, the 

2 prior year unobligated balance of any amounts in accounts 

3 of CDC made available for Individual Learning Accounts 

4 shall be credited to and merged with the amounts made 

5 available under this heading to support the replacement 

6 of the mine safety research facility. 

7 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

8 For carrying out titles II, III, XVII and XIX, and 

9 section 2821 of the PHS Act and for cross-cutting activi10 ties and program support for activities funded in other 

11 appropriations included in this Act for the Centers for 

12 Disease Control and Prevention, $113,500,000: Provided, 

13 That paragraphs (1) through (3) of subsection (b) of sec14 tion 2821 of the PHS Act shall not apply to funds appro15 priated under this heading and in all other accounts of 

16 the CDC: Provided further, That employees of CDC or the 

17 Public Health Service, both civilian and commissioned of18 ficers, detailed to States, municipalities, or other organiza19 tions under authority of section 214 of the PHS Act, or 

20 in overseas assignments, shall be treated as non-Federal 

21 employees for reporting purposes only and shall not be in22 cluded within any personnel ceiling applicable to the Agen23 cy, Service, or HHS during the period of detail or assign24 ment: Provided further, That CDC may use up to $10,000 

25 from amounts appropriated to CDC in this Act for official 


asabaliauskas on DSK5VPTVN1PROD with BILLS
49 

•HR 3020 RH

1 reception and representation expenses when specifically 

2 approved by the Director of CDC: Provided further, That 

3 in addition, such sums as may be derived from authorized 

4 user fees, which shall be credited to the appropriation 

5 charged with the cost thereof: Provided further, That with 

6 respect to the previous proviso, authorized user fees from 

7 the Vessel Sanitation Program shall be available through 

8 September 30, 2017: Provided further, That of the funds 

9 provided in this section the Director shall support a com10 prehensive Institute of Medicine (IOM) report on the safe 

11 sodium intake for healthy individuals. 

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL CANCER INSTITUTE

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to cancer, $5,081,812,000, of which up 

16 to $16,000,000 may be used for facilities repairs and im17 provements at the National Cancer Institute—Frederick 

18 Federally Funded Research and Development Center in 

19 Frederick, Maryland. 

20 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to cardiovascular, lung, and blood dis23 eases, and blood and blood products, $3,035,062,000. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
50 

•HR 3020 RH

1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to dental and craniofacial diseases, 

5 $404,847,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to diabetes and digestive and kidney dis10 ease, $1,771,388,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

12 AND STROKE

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to neurological disorders and stroke, 

15 $1,656,334,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to allergy and infectious diseases, 

20 $4,512,918,000. 

21 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to general medical sciences, 

24 $2,439,437,000, of which $1,010,000,000 shall be from 

25 funds available under section 241 of the PHS Act: ProVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
51 

•HR 3020 RH

1 vided, That not less than $311,865,000 is provided for 

2 the Institutional Development Awards program. 

3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

4 CHILD HEALTH AND HUMAN DEVELOPMENT

5 For carrying out section 301 and title IV of the PHS 

6 Act with respect to child health and human development, 

7 $1,305,586,000. 

8 NATIONAL EYE INSTITUTE

9 For carrying out section 301 and title IV of the PHS 

10 Act with respect to eye diseases and visual disorders, 

11 $698,108,000. 

12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13 SCIENCES

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to environmental health sciences, 

16 $675,783,000. 

17 NATIONAL INSTITUTE ON AGING

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to aging, $1,518,421,000. 

20 NATIONAL INSTITUTE OF ARTHRITIS AND

21 MUSCULOSKELETAL AND SKIN DISEASES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to arthritis and musculoskeletal and skin 

24 diseases, $528,137,000. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
52 

•HR 3020 RH

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to deafness and other communication dis5 orders, $412,366,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to nursing research, $142,701,000. 

9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10 ALCOHOLISM

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to alcohol abuse and alcoholism, 

13 $456,012,000. 

14 NATIONAL INSTITUTE ON DRUG ABUSE

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to drug abuse, $1,050,875,000. 

17 NATIONAL INSTITUTE OF MENTAL HEALTH

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to mental health, $1,512,401,000. 

20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to human genome research, 

23 $505,551,000. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
53 

•HR 3020 RH

1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to biomedical imaging and bioengineering 

5 research, $338,360,000. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 INTEGRATIVE HEALTH

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to complementary and integrative health, 

10 $127,585,000. 

11 NATIONAL INSTITUTE ON MINORITY HEALTH AND

12 HEALTH DISPARITIES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to minority health and health disparities 

15 research, $272,493,000. 

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities of the John E. Fogarty 

18 International Center (described in subpart 2 of part E of 

19 title IV of the PHS Act), $68,627,000. 

20 NATIONAL LIBRARY OF MEDICINE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to health information communications, 

23 $341,119,000: Provided, That of the amounts available for 

24 improvement of information systems, $4,000,000 shall be 

25 available until September 30, 2017: Provided further, That 


asabaliauskas on DSK5VPTVN1PROD with BILLS
54 

•HR 3020 RH

1 in fiscal year 2016, the National Library of Medicine may 

2 enter into personal services contracts for the provision of 

3 services in facilities owned, operated, or constructed under 

4 the jurisdiction of the National Institutes of Health (re5 ferred to in this title as ‘‘NIH’’). 

6 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

7 SCIENCES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to translational sciences, $643,111,000: 

10 Provided, That up to $9,947,000 shall be available to im11 plement section 480 of the PHS Act, relating to the Cures 

12 Acceleration Network: Provided further, That at least 

13 $480,636,000 is provided to the Clinical and Translational 

14 Sciences Awards program. 

15 OFFICE OF THE DIRECTOR

16 For carrying out the responsibilities of the Office of 

17 the Director, NIH, $1,539,726,000, of which up to 

18 $30,000,000 may be used to carry out section 213 of this 

19 Act: Provided, That funding shall be available for the pur20 chase of not to exceed 29 passenger motor vehicles for re21 placement only: Provided further, That all funds credited 

22 to the NIH Management Fund shall remain available for 

23 one fiscal year after the fiscal year in which they are de24 posited: Provided further, That $165,000,000 shall be for 

25 the National Children’s Study Alternative (‘‘NCS–A’’): 


asabaliauskas on DSK5VPTVN1PROD with BILLS
55 

•HR 3020 RH

1 Provided further, That NIH shall submit a spend plan on 

2 the NCS–A’s next phase to the Committees on Appropria3 tions of the House of Representatives and the Senate not 

4 later than 90 days after the date of enactment of this Act: 

5 Provided further, That $675,639,000 shall be available for 

6 the Common Fund established under section 402A(c)(1) 

7 of the PHS Act: Provided further, That of the funds pro8 vided, $10,000 shall be for official reception and represen9 tation expenses when specifically approved by the Director 

10 of the NIH: Provided further, That the Office of AIDS 

11 Research within the Office of the Director of the NIH may 

12 spend up to $8,000,000 to make grants for construction 

13 or renovation of facilities as provided for in section 

14 2354(a)(5)(B) of the PHS Act: Provided further, That up 

15 to $130,000,000 of the funds provided to the Common 

16 Fund are available to support the trans-NIH Precision 

17 Medicine Initiative: Provided further, That, of the funds 

18 from Institute, Center, and Office of the Director accounts 

19 within ‘‘Department of Health and Human Services, Na20 tional Institutes of Health’’ in order to strengthen privacy 

21 protections for human research participants, NIH shall re22 quire investigators receiving NIH funding for new and 

23 competing research projects designed to generate and ana24 lyze large volumes of data derived from human research 

25 participants to obtain a certificate of confidentiality. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
56 

•HR 3020 RH

1 In addition to other funds appropriated for the Com2 mon Fund established under section 402A(c) of the PHS 

3 Act, $12,600,000 is appropriated to the Common Fund 

4 from the 10-year Pediatric Research Initiative Fund de5 scribed in section 9008 of title 26, United States Code, 

6 for the purpose of carrying out section 402(b)(7)(B)(ii) 

7 of the PHS Act (relating to pediatric research), as author8 ized in the Gabriella Miller Kids First Research Act. 

9 BUILDINGS AND FACILITIES

10 For the study of, construction of, renovation of, and 

11 acquisition of equipment for, facilities of or used by NIH, 

12 including the acquisition of real property, $132,640,000, 

13 to remain available through September 30, 2020. 

14 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

15 ADMINISTRATION

16 MENTAL HEALTH

17 For carrying out titles III, V, and XIX of the PHS 

18 Act with respect to mental health, and the Protection and 

19 Advocacy for Individuals with Mental Illness Act, 

20 $1,073,975,000: Provided, That notwithstanding section 

21 520A(f)(2) of the PHS Act, no funds appropriated for car22 rying out section 520A shall be available for carrying out 

23 section 1971 of the PHS Act: Provided further, That sec24 tion 520E(b)(2) of the PHS Act shall not apply to funds 

25 appropriated in this Act for fiscal year 2016: Provided furVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
57 

•HR 3020 RH

1 ther, That of the amount appropriated under this heading, 

2 $45,887,000 shall be for the National Child Traumatic 

3 Stress Initiative as described in section 582 of the PHS 

4 Act: Provided further, That notwithstanding section 

5 565(b)(1) of the PHS Act, technical assistance may be 

6 provided to a public entity to establish or operate a system 

7 of comprehensive community mental health services to 

8 children with a serious emotional disturbance, without re9 gard to whether the public entity receives a grant under 

10 section 561(a) of such Act: Provided further, That States 

11 shall expend at least 5 percent of the amount each receives 

12 for carrying out section 1911 of the PHS Act to support 

13 evidence-based programs that address the needs of individ14 uals with early serious mental illness, including psychotic 

15 disorders, regardless of the age of the individual at onset: 

16 Provided further, That none of the funds provided for sec17 tion 1911 of the PHS Act shall be subject to section 241 

18 of such Act. 

19 SUBSTANCE ABUSE TREATMENT

20 For carrying out titles III, V, and XIX of the PHS 

21 Act with respect to substance abuse treatment and section 

22 1922(a) of the PHS Act with respect to substance abuse 

23 prevention, $2,196,856,000: Provided, That none of the 

24 funds provided for section 1921 of the PHS Act shall be 

25 subject to section 241 of such Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
58 

•HR 3020 RH

1 SUBSTANCE ABUSE PREVENTION

2 For carrying out titles III and V of the PHS Act 

3 with respect to substance abuse prevention, $190,219,000. 

4 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

5 For program support and cross-cutting activities that 

6 supplement activities funded under the headings ‘‘Mental 

7 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

8 Abuse Prevention’’ in carrying out titles III, V, and XIX 

9 of the PHS Act and the Protection and Advocacy for Indi10 viduals with Mental Illness Act in the Substance Abuse 

11 and Mental Health Services Administration, 

12 $181,660,000: Provided, That, in addition, fees may be 

13 collected for the costs of publications, data, data tabula14 tions, and data analysis completed under title V of the 

15 PHS Act and provided to a public or private entity upon 

16 request, which shall be credited to this appropriation and 

17 shall remain available until expended for such purposes: 

18 Provided further, That amounts made available in this Act 

19 for carrying out section 501(m) of the PHS Act shall re20 main available through September 30, 2017: Provided fur21 ther, That funds made available under this heading may 

22 be used to supplement program support funding provided 

23 under the headings ‘‘Mental Health’’, ‘‘Substance Abuse 

24 Treatment’’, and ‘‘Substance Abuse Prevention’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
59 

•HR 3020 RH

1 CENTERS FOR MEDICARE AND MEDICAID SERVICES

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles 

4 XI and XIX of the Social Security Act, $243,545,410,000, 

5 to remain available until expended. 

6 For making, after May 31, 2016, payments to States 

7 under title XIX or in the case of section 1928 on behalf 

8 of States under title XIX of the Social Security Act for 

9 the last quarter of fiscal year 2016 for unanticipated costs 

10 incurred for the current fiscal year, such sums as may be 

11 necessary. 

12 For making payments to States or in the case of sec13 tion 1928 on behalf of States under title XIX of the Social 

14 Security Act for the first quarter of fiscal year 2017, 

15 $115,582,502,000, to remain available until expended. 

16 Payment under such title XIX may be made for any 

17 quarter with respect to a State plan or plan amendment 

18 in effect during such quarter, if submitted in or prior to 

19 such quarter and approved in that or any subsequent 

20 quarter. 

21 PAYMENTS TO HEALTH CARE TRUST FUNDS

22 For payment to the Federal Hospital Insurance 

23 Trust Fund and the Federal Supplementary Medical In24 surance Trust Fund, as provided under sections 217(g), 

25 1844, and 1860D–16 of the Social Security Act, sections 


asabaliauskas on DSK5VPTVN1PROD with BILLS
60 

•HR 3020 RH

1 103(c) and 111(d) of the Social Security Amendments of 

2 1965, section 278(d)(3) of Public Law 97–248, and for 

3 administrative expenses incurred pursuant to section 

4 201(g) of the Social Security Act, $283,171,800,000. 

5 In addition, for making matching payments under 

6 section 1844 and benefit payments under section 1860D– 

7 16 of the Social Security Act that were not anticipated 

8 in budget estimates, such sums as may be necessary. 

9 PROGRAM MANAGEMENT

10 For carrying out, except as otherwise provided, titles 

11 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

12 XIII and XXVII of the PHS Act, and the Clinical Labora13 tory Improvement Amendments of 1988, not to exceed 

14 $3,325,690,000, to be transferred from the Federal Hos15 pital Insurance Trust Fund and the Federal Supple16 mentary Medical Insurance Trust Fund, as authorized by 

17 section 201(g) of the Social Security Act; together with 

18 all funds collected in accordance with section 353 of the 

19 PHS Act and section 1857(e)(2) of the Social Security 

20 Act, funds retained by the Secretary pursuant to section 

21 302 of the Tax Relief and Health Care Act of 2006; and 

22 such sums as may be collected from authorized user fees 

23 and the sale of data, which shall be credited to this ac24 count and remain available until September 30, 2017: Pro25 vided, That all funds derived in accordance with 31 U.S.C. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
61 

•HR 3020 RH

1 9701 from organizations established under title XIII of 

2 the PHS Act shall be credited to and available for carrying 

3 out the purposes of this appropriation: Provided further, 

4 That the Secretary is directed to collect fees in fiscal year 

5 2016 from Medicare Advantage organizations pursuant to 

6 section 1857(e)(2) of the Social Security Act and from eli7 gible organizations with risk-sharing contracts under sec8 tion 1876 of that Act pursuant to section 1876(k)(4)(D) 

9 of that Act: Provided further, That none of the funds made 

10 available under this heading shall be used to support re11 search, demonstration, and evaluation activities: Provided 

12 further, That of the total amount made available under 

13 this heading, $2,195,823,000 shall be for Program Oper14 ations and $732,533,000 shall be for Federal Administra15 tion: Provided further, That none of the funds made avail16 able under this heading may be used to support the Center 

17 for Consumer Information and Insurance Oversight or ac18 tivities developed, administered, or implemented by the 

19 Center. 

20 In addition, not more than $975,917,000, shall be de21 rived from offsetting collections through the Clinical Lab22 oratory Improvement Act, Medicare Advantage, and Re23 covery Audit Contractors and shall be credited to this ac24 count and remain available until September 30, 2017: Pro25 vided, That no funds shall be derived from offsetting colVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
62 

•HR 3020 RH

1 lections through fees collected from qualified health plans 

2 offered through an Exchange established under Public 

3 Law 111–148 to operate such an Exchange: Provided fur4 ther, That offsetting collections collected under this au5 thority by such Recovery Audit Contractors under such 

6 section 1893 shall be used only as additional funds to edu7 cate health care providers on how to appropriately reduce 

8 errors, to support the Office of Medicare Appeals to re9 duce its backlog, and to establish a process to provide edu10 cational feedback from the Office of Medicare Appeals to 

11 the Centers for Medicare and Medicaid Services to reduce 

12 the claims overturn rate from the claims that are elevated 

13 to the Office of Medicare Appeals. 

14 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

15 In addition to amounts otherwise available for pro16 gram integrity and program management, $672,000,000, 

17 to remain available through September 30, 2017, to be 

18 transferred from the Federal Hospital Insurance Trust 

19 Fund and the Federal Supplementary Medical Insurance 

20 Trust Fund, as authorized by section 201(g) of the Social 

21 Security Act, of which $477,120,000 shall be for the Medi22 care Integrity Program at the Centers for Medicare and 

23 Medicaid Services, including administrative costs, to con24 duct oversight activities for Medicare Advantage under 

25 Part C and the Medicare Prescription Drug Program 


asabaliauskas on DSK5VPTVN1PROD with BILLS
63 

•HR 3020 RH

1 under Part D of the Social Security Act and for activities 

2 described in section 1893(b) of such Act, of which 

3 $67,200,000 shall be for the Department of Health and 

4 Human Services Office of Inspector General to carry out 

5 fraud and abuse activities authorized by section 

6 1817(k)(3) of such Act, of which $67,200,000 shall be for 

7 the Medicaid and Children’s Health Insurance Program 

8 (‘‘CHIP’’) program integrity activities, and of which 

9 $60,480,000 shall be for the Department of Justice to 

10 carry out fraud and abuse activities authorized by section 

11 1817(k)(3) of such Act: Provided, That the report re12 quired by section 1817(k)(5) of the Social Security Act 

13 for fiscal year 2016 shall include measures of the oper14 ational efficiency and impact on fraud, waste, and abuse 

15 in the Medicare, Medicaid, and CHIP programs for the 

16 funds provided by this appropriation: Provided further, 

17 That of the amount provided under this heading, 

18 $311,000,000 is provided to meet the terms of section 

19 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985, as amended, and 

21 $361,000,000 is additional new budget authority specified 

22 for purposes of section 251(b)(2)(C) of such Act: Provided 

23 further, That the Secretary shall support the full cost of 

24 the Senior Medicare Patrol program to combat health care 

25 fraud and abuse from the funds provided to this account. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
64 

•HR 3020 RH

1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For carrying out, except as otherwise provided, titles 

5 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

6 and the Act of July 5, 1960, $3,256,743,000, to remain 

7 available until expended; and for such purposes for the 

8 first quarter of fiscal year 2017, $1,300,000,000, to re9 main available until expended. 

10 For carrying out, after May 31 of the current fiscal 

11 year, except as otherwise provided, titles I, IV–D, X, XI, 

12 XIV, and XVI of the Social Security Act and the Act of 

13 July 5, 1960, for the last 3 months of the current fiscal 

14 year for unanticipated costs, incurred for the current fiscal 

15 year, such sums as may be necessary. 

16 LOW INCOME HOME ENERGY ASSISTANCE

17 For making payments under subsections (b) and (d) 

18 of section 2602 of the Low Income Home Energy Assist19 ance Act of 1981, $3,365,304,000: Provided, That all but 

20 $491,000,000 of this amount shall be allocated as though 

21 the total appropriation for such payments for fiscal year 

22 2016 were less than $1,975,000,000: Provided further, 

23 That notwithstanding section 2609A(a), of the amounts 

24 appropriated under section 2602(b), not more than 

25 $2,988,000 of such amounts may be reserved by the SecVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
65 

•HR 3020 RH

1 retary for technical assistance, training, and monitoring 

2 of program activities for compliance with internal controls, 

3 policies and procedures and may, in addition to the au4 thorities provided in section 2609A(a)(1), use such funds 

5 through contracts with private entities that do not qualify 

6 as nonprofit organizations. 

7 REFUGEE AND ENTRANT ASSISTANCE

8 For necessary expenses for refugee and entrant as9 sistance activities authorized by section 414 of the Immi10 gration and Nationality Act and section 501 of the Ref11 ugee Education Assistance Act of 1980, and for carrying 

12 out section 462 of the Homeland Security Act of 2002, 

13 section 235 of the William Wilberforce Trafficking Victims 

14 Protection Reauthorization Act of 2008, the Trafficking 

15 Victims Protection Act of 2000 (‘‘TVPA’’), section 203 

16 of the Trafficking Victims Protection Reauthorization Act 

17 of 2005, and the Torture Victims Relief Act of 1998, 

18 $1,429,884,000, of which $1,403,394,000 shall remain 

19 available through September 30, 2018 for carrying out 

20 such sections 414, 501, 462, and 235: Provided, That 

21 amounts available under this heading to carry out such 

22 section 203 and the TVPA shall also be available for re23 search and evaluation with respect to activities under 

24 those authorities: Provided further, That the limitation in 

25 section 206 of this Act regarding transfers increasing any 


asabaliauskas on DSK5VPTVN1PROD with BILLS
66 

•HR 3020 RH

1 appropriation shall apply to transfers to appropriations 

2 under this heading by substituting ‘‘10 percent’’ for ‘‘3 

3 percent’’. 

4 PAYMENTS TO STATES FOR THE CHILD CARE AND

5 DEVELOPMENT BLOCK GRANT

6 For carrying out the Child Care and Development 

7 Block Grant Act of 1990 (‘‘CCDBG Act’’), 

8 $2,435,000,000 shall be used to supplement, not supplant 

9 State general revenue funds for child care assistance for 

10 low-income families: Provided, That, in addition to the 

11 amounts required to be reserved by the States under sec12 tion 658G of the CCDBG Act, $125,562,000 shall be for 

13 activities that improve the quality of infant and toddler 

14 care: Provided further, That $9,851,000 shall be for use 

15 by the Secretary for child care research, demonstration, 

16 and evaluation activities: Provided further, That technical 

17 assistance under section 658I(a)(3) of such Act may be 

18 provided directly, or through the use of contracts, grants, 

19 cooperative agreements, or interagency agreements: Pro20 vided further, That all funds made available to carry out 

21 section 418 of the Social Security Act (42 U.S.C. 618), 

22 including funds appropriated for that purpose in such sec23 tion 418 or any other provision of law, shall be subject 

24 to the reservation of funds authority in paragraphs (4) 

25 and (5) of section 658O(a) of the CCDBG Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
67 

•HR 3020 RH

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section 

3 2002 of the Social Security Act, $1,700,000,000: Pro4 vided, That notwithstanding subparagraph (B) of section 

5 404(d)(2) of such Act, the applicable percent specified 

6 under such subparagraph for a State to carry out State 

7 programs pursuant to title XX–A of such Act shall be 10 

8 percent. 

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the 

11 Runaway and Homeless Youth Act, the Head Start Act, 

12 the Child Abuse Prevention and Treatment Act, sections 

13 303 and 313 of the Family Violence Prevention and Serv14 ices Act, the Native American Programs Act of 1974, title 

15 II of the Child Abuse Prevention and Treatment and 

16 Adoption Reform Act of 1978 (adoption opportunities), 

17 the Abandoned Infants Assistance Act of 1988, part B– 

18 1 of title IV and sections 473A, 477 (i), 1110, 1114A, 

19 and 1115 of the Social Security Act; for making payments 

20 under the Community Services Block Grant Act (‘‘CSBG 

21 Act’’), and the Assets for Independence Act; for necessary 

22 administrative expenses to carry out such Acts and titles 

23 I, IV, V, X, XI, XIV, XVI, and XX of the Social Security 

24 Act, the Act of July 5, 1960, the Low Income Home En25 ergy Assistance Act of 1981, title IV of the Immigration 


asabaliauskas on DSK5VPTVN1PROD with BILLS
68 

•HR 3020 RH

1 and Nationality Act, and section 501 of the Refugee Edu2 cation Assistance Act of 1980; and for the administration 

3 of prior year obligations made by the Administration for 

4 Children and Families under the Developmental Disabil5 ities Assistance and Bill of Rights Act and the Help Amer6 ica Vote Act of 2002, $10,551,595,000, of which 

7 $37,943,000, to remain available through September 30, 

8 2017, shall be for grants to States for adoption and legal 

9 guardianship incentive payments, as authorized by section 

10 473A of the Social Security Act and may be made for 

11 adoptions completed before September 30, 2016: Provided, 

12 That $8,790,095,000 shall be for making payments under 

13 the Head Start Act: Provided further, That of the amount 

14 in the previous proviso, $8,140,095,000 shall be available 

15 for payments under section 640 of the Head Start Act, 

16 of which $42,191,000 shall be available for a cost of living 

17 adjustment notwithstanding section 640(a)(3)(A) of such 

18 Act: Provided further, That of the amount provided for 

19 making payments under the Head Start Act, $25,000,000 

20 shall be available for allocation by the Secretary to supple21 ment activities described in paragraphs (7)(B) and (9) of 

22 section 641(c) of such Act under the Designation Renewal 

23 System, established under the authority of sections 

24 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Pro25 vided further, That amounts allocated to Head Start 


asabaliauskas on DSK5VPTVN1PROD with BILLS
69 

•HR 3020 RH

1 grantees at the discretion of the Secretary to supplement 

2 activities pursuant to the previous proviso shall not be in3 cluded in the calculation of the ‘‘base grant’’ in subsequent 

4 fiscal years, as such term is used in section 640(a)(7)(A) 

5 of the Head Start Act: Provided further, That notwith6 standing section 640 of the Head Start Act, of the amount 

7 provided for making payments under the Head Start Act, 

8 and in addition to funds otherwise available under section 

9 640 for such purposes, $650,000,000 shall be available 

10 through March 31, 2017 for Early Head Start programs 

11 as described in section 645A of such Act, for conversion 

12 of Head Start services to Early Head Start services as 

13 described in section 645(a)(5)(A) of such Act, and for dis14 cretionary grants for high quality infant and toddler care 

15 through Early Head Start-Child Care Partnerships, to en16 tities defined as eligible under section 645A(d) of such 

17 Act, with such funds in this Act and Public Law 113– 

18 76 not included in the calculation of the ‘‘base grant’’ for 

19 the current or any subsequent fiscal year as such term 

20 is used in section 640(a)(7)(A) of the Head Start Act, 

21 and, notwithstanding section 645A(c)(2) of such Act, 

22 these funds are available to serve children under age 4: 

23 Provided further, That of the amount made available in 

24 the immediately preceding proviso, up to $11,000,000 

25 shall be available for the Federal costs of administration 


asabaliauskas on DSK5VPTVN1PROD with BILLS
70 

•HR 3020 RH

1 and evaluation activities of the program described in such 

2 proviso: Provided further, That $710,383,000 shall be for 

3 making payments under the CSBG Act: Provided further, 

4 That $36,733,000 shall be for sections 680 and 

5 678E(b)(2) of the CSBG Act, of which not less than 

6 $29,883,000 shall be for section 680(a)(2) and not less 

7 than $6,500,000 shall be for section 680(a)(3)(B) of such 

8 Act: Provided further, That to the extent Community Serv9 ices Block Grant funds are distributed as grant funds by 

10 a State to an eligible entity as provided under the CSBG 

11 Act, and have not been expended by such entity, they shall 

12 remain with such entity for carryover into the next fiscal 

13 year for expenditure by such entity consistent with pro14 gram purposes: Provided further, That the Secretary shall 

15 establish procedures regarding the disposition of intan16 gible assets and program income that permit such assets 

17 acquired with, and program income derived from, grant 

18 funds authorized under section 680 of the CSBG Act to 

19 become the sole property of such grantees after a period 

20 of not more than 12 years after the end of the grant pe21 riod for any activity consistent with section 680(a)(2)(A) 

22 of the CSBG Act: Provided further, That intangible assets 

23 in the form of loans, equity investments and other debt 

24 instruments, and program income may be used by grant25 ees for any eligible purpose consistent with section 


asabaliauskas on DSK5VPTVN1PROD with BILLS
71 

•HR 3020 RH

1 680(a)(2)(A) of the CSBG Act: Provided further, That 

2 these procedures shall apply to such grant funds made 

3 available after November 29, 1999: Provided further, That 

4 funds appropriated for section 680(a)(2) of the CSBG Act 

5 shall be available for financing construction and rehabili6 tation and loans or investments in private business enter7 prises owned by community development corporations: 

8 Provided further, That the Secretary shall issue perform9 ance standards for nonprofit organizations receiving funds 

10 from State and territorial grantees under the CSBG Act, 

11 and such States and territories shall assure the implemen12 tation of such standards prior to September 30, 2016, and 

13 include information on such implementation in the report 

14 required by section 678E(2) of such Act: Provided further, 

15 That section 303(a)(2)(A)(i) of the Family Violence Pre16 vention and Services Act shall not apply to amounts pro17 vided herein: Provided further, That $1,864,000 shall be 

18 for a human services case management system for feder19 ally declared disasters, to include a comprehensive na20 tional case management contract and Federal costs of ad21 ministering the system: Provided further, That up to 

22 $2,000,000 shall be for improving the Public Assistance 

23 Reporting Information System, including grants to States 

24 to support data collection for a study of the system’s effec25 tiveness. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
72 

•HR 3020 RH

1 PROMOTING SAFE AND STABLE FAMILIES

2 For carrying out, except as otherwise provided, sec3 tion 436 of the Social Security Act, $345,000,000 and, 

4 for carrying out, except as otherwise provided, section 437 

5 of such Act, $59,765,000. 

6 PAYMENTS FOR FOSTER CARE AND PERMANENCY

7 For carrying out, except as otherwise provided, title 

8 IV–E of the Social Security Act, $4,952,550,000. 

9 For carrying out, except as otherwise provided, title 

10 IV–E of the Social Security Act, for the first quarter of 

11 fiscal year 2017, $2,300,000,000. 

12 For carrying out, after May 31 of the current fiscal 

13 year, except as otherwise provided, section 474 of title IV– 

14 E of the Social Security Act, for the last 3 months of the 

15 current fiscal year for unanticipated costs, incurred for the 

16 current fiscal year, such sums as may be necessary. 

17 ADMINISTRATION FOR COMMUNITY LIVING

18 AGING AND DISABILITY SERVICES PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out, to the extent not otherwise pro21 vided, the Older Americans Act of 1965 (‘‘OAA’’), titles 

22 III and XXIX of the PHS Act, sections 1252 and 1253 

23 of the PHS Act, section 119 of the Medicare Improve24 ments for Patients and Providers Act of 2008, title XX– 

25 B of the Social Security Act, the Developmental DisabilVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
73 

•HR 3020 RH

1 ities Assistance and Bill of Rights Act, parts 2 and 5 of 

2 subtitle D of title II of the Help America Vote Act of 

3 2002, the Assistive Technology Act of 1998, titles II and 

4 VII (and section 14 with respect to such titles) of the Re5 habilitation Act of 1973 , and for Department-wide coordi6 nation of policy and program activities that assist individ7 uals with disabilities, $1,892,243,000, together with 

8 $52,115,000 to be transferred from the Federal Hospital 

9 Insurance Trust Fund and the Federal Supplementary 

10 Medical Insurance Trust Fund to carry out section 4360 

11 of the Omnibus Budget Reconciliation Act of 1990: Pro12 vided, That amounts appropriated under this heading may 

13 be used for grants to States under section 361 of the OAA 

14 only for disease prevention and health promotion pro15 grams and activities which have been demonstrated 

16 through rigorous evaluation to be evidence-based and ef17 fective: Provided further, That notwithstanding any other 

18 provision of this Act, funds made available under this 

19 heading to carry out section 311 of the OAA may be trans20 ferred to the Secretary of Agriculture in accordance with 

21 such section: Provided further, That $2,000,000 shall be 

22 for competitive grants to support alternative financing 

23 programs that provide for the purchase of assistive tech24 nology devices, such as a low-interest loan fund; an inter25 est buy-down program; a revolving loan fund; a loan guarVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
74 

•HR 3020 RH

1 antee; or an insurance program: Provided further, That 

2 applicants shall provide an assurance that, and informa3 tion describing the manner in which, the alternative fi4 nancing program will expand and emphasize consumer 

5 choice and control: Provided further, That State agencies 

6 and community-based disability organizations that are di7 rected by and operated for individuals with disabilities 

8 shall be eligible to compete: Provided further, That in addi9 tion, the unobligated balance of amounts previously made 

10 available for the Health Resources and Services Adminis11 tration to carry out functions under sections 1252 and 

12 1253 of the PHS Act shall be transferred to this account, 

13 except for such sums as may be necessary to provide for 

14 an orderly transition of such functions to the Administra15 tion for Community Living: Provided further, That none 

16 of the funds made available under this heading may be 

17 used by an eligible system (as defined in section 102 of 

18 the Protection and Advocacy for Individuals with Mental 

19 Illness Act (42 U.S.C. 10802)) to institute or pursue any 

20 legal action in a Federal or State court on behalf of an 

21 individual with a developmental disability (as defined in 

22 section 102(8)(A) of the Developmental Disabilities and 

23 Assistance and Bill of Rights Act of 2000 (20 U.S.C. 

24 15002(8)(A)) that is attributable to a mental impairment 

25 (or a combination of mental and physical impairments), 


asabaliauskas on DSK5VPTVN1PROD with BILLS
75 

•HR 3020 RH

1 unless such system has first obtained written consent from 

2 the individual or, in the case of mental incapacitation, the 

3 individual’s legal guardian, to institute or pursue such 

4 suit. 

5 OFFICE OF THE SECRETARY

6 GENERAL DEPARTMENTAL MANAGEMENT

7 For necessary expenses, not otherwise provided, for 

8 general departmental management, including hire of six 

9 passenger motor vehicles, and for carrying out titles III, 

10 XVII, XXI, and section 229 of the PHS Act, the United 

11 States-Mexico Border Health Commission Act, and re12 search studies under section 1110 of the Social Security 

13 Act, $361,394,000, together with $58,028,000 from the 

14 amounts available under section 241 of the PHS Act to 

15 carry out national health or human services research and 

16 evaluation activities: Provided, That of this amount, 

17 $52,224,000 shall be for minority AIDS prevention and 

18 treatment activities: Provided further, That of the funds 

19 made available under this heading, $15,000,000 shall be 

20 to carry out section 224 of the Protecting Access to Medi21 care Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 

22 note): Provided further, That of the funds made available 

23 under this heading, $10,000,000 shall be for making com24 petitive contracts and grants to public and private entities 

25 for age appropriate programs that reduce teen pregnancy 


asabaliauskas on DSK5VPTVN1PROD with BILLS
76 

•HR 3020 RH

1 and for the Federal costs of administering and evaluating 

2 such contracts and grants, and $10,000,000 shall be for 

3 making competitive grants which exclusively implement 

4 education in sexual risk avoidance (defined as voluntarily 

5 refraining from non-marital sexual activity): Provided fur6 ther, That funding for such competitive grants for sexual 

7 risk avoidance shall use medically accurate information 

8 referenced to peer-reviewed publications by educational, 

9 scientific, governmental, or health organizations; imple10 ment an evidence-based approach integrating research 

11 findings with practical implementation that aligns with the 

12 needs and desired outcomes for the intended audience; and 

13 teach the benefits associated with self-regulation, success 

14 sequencing for poverty prevention, healthy relationships, 

15 goal setting, and resisting sexual coercion, dating violence, 

16 and other youth risk behaviors such as underage drinking 

17 or illicit drug use without normalizing teen sexual activity: 

18 Provided further, That no more than 10 percent of the 

19 funding for such competitive grants for sexual risk avoid20 ance shall be available for technical assistance and admin21 istrative costs of such programs: Provided further, That 

22 funds provided in this Act for embryo adoption activities 

23 may be used to provide to individuals adopting embryos, 

24 through grants and other mechanisms, medical and ad25 ministrative services deemed necessary for such adoptions: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
77 

•HR 3020 RH

1 Provided further, That such services shall be provided con2 sistent with 42 CFR 59.5(a)(4). 

3 OFFICE OF MEDICARE HEARINGS AND APPEALS

4 For expenses necessary for the Office of Medicare 

5 Hearings and Appeals, $87,381,000, to be transferred in 

6 appropriate part from the Federal Hospital Insurance 

7 Trust Fund and the Federal Supplementary Medical In8 surance Trust Fund. 

9 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

10 INFORMATION TECHNOLOGY

11 For expenses necessary for the Office of the National 

12 Coordinator for Health Information Technology, including 

13 grants, contracts, and cooperative agreements for the de14 velopment and advancement of interoperable health infor15 mation technology, $60,367,000. 

16 OFFICE OF INSPECTOR GENERAL

17 For expenses necessary for the Office of Inspector 

18 General, including the hire of passenger motor vehicles for 

19 investigations, in carrying out the provisions of the Inspec20 tor General Act of 1978, $75,000,000: Provided, That of 

21 such amount, necessary sums shall be available for pro22 viding protective services to the Secretary and inves23 tigating non-payment of child support cases for which non24 payment is a Federal offense under 18 U.S.C. 228. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
78 

•HR 3020 RH

1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil 

3 Rights, $38,798,000. 

4 RETIREMENT PAY AND MEDICAL BENEFITS FOR

5 COMMISSIONED OFFICERS

6 For retirement pay and medical benefits of Public 

7 Health Service Commissioned Officers as authorized by 

8 law, for payments under the Retired Serviceman’s Family 

9 Protection Plan and Survivor Benefit Plan, and for med10 ical care of dependents and retired personnel under the 

11 Dependents’ Medical Care Act, such amounts as may be 

12 required during the current fiscal year. 

13 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

14 FUND

15 For expenses necessary to support activities related 

16 to countering potential biological, nuclear, radiological, 

17 chemical, and cybersecurity threats to civilian populations, 

18 and for other public health emergencies, $844,523,000, of 

19 which $415,000,000 shall remain available through Sep20 tember 30, 2017, for expenses necessary to support ad21 vanced research and development pursuant to section 

22 319L of the PHS Act, and other administrative expenses 

23 of the Biomedical Advanced Research and Development 

24 Authority: Provided, That funds provided under this head25 ing for the purpose of acquisition of security counterVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
79 

•HR 3020 RH

1 measures shall be in addition to any other funds available 

2 for such purpose: Provided further, That products pur3 chased with funds provided under this heading may, at 

4 the discretion of the Secretary, be deposited in the Stra5 tegic National Stockpile pursuant to section 319F–2 of 

6 the PHS Act: Provided further, That $5,000,000 of the 

7 amounts made available to support emergency operations 

8 shall remain available through September 30, 2018. 

9 For expenses necessary for procuring security coun10 termeasures (as defined in section 319F–2(c)(1)(B) of the 

11 PHS Act), $255,000,000, to remain available until ex12 pended. 

13 For an additional amount for expenses necessary to 

14 prepare for or respond to an influenza pandemic, 

15 $72,000,000; of which $40,000,000 shall be available until 

16 expended, for activities including the development and 

17 purchase of vaccine, antivirals, necessary medical supplies, 

18 diagnostics, and other surveillance tools: Provided, That 

19 notwithstanding section 496(b) of the PHS Act, funds 

20 may be used for the construction or renovation of privately 

21 owned facilities for the production of pandemic influenza 

22 vaccines and other biologics, if the Secretary finds such 

23 construction or renovation necessary to secure sufficient 

24 supplies of such vaccines or biologics. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
80 

•HR 3020 RH

1 GENERAL PROVISIONS

2 SEC. 201. Funds appropriated in this title shall be 

3 available for not to exceed $50,000 for official reception 

4 and representation expenses when specifically approved by 

5 the Secretary. 

6 SEC. 202. The Secretary shall make available through 

7 assignment not more than 60 employees of the Public 

8 Health Service to assist in child survival activities and to 

9 work in AIDS programs through and with funds provided 

10 by the Agency for International Development, the United 

11 Nations International Children’s Emergency Fund or the 

12 World Health Organization. 

13 SEC. 203. None of the funds appropriated in this title 

14 shall be used to pay the salary of an individual, through 

15 a grant or other extramural mechanism, at a rate in excess 

16 of Executive Level III. 

17 SEC. 204. None of the funds appropriated in this Act 

18 may be expended pursuant to section 241 of the PHS Act, 

19 except for funds specifically provided for in this Act, or 

20 for other taps and assessments made by any office located 

21 in HHS, prior to the preparation and submission of a re22 port by the Secretary to the Committees on Appropria23 tions of the House of Representatives and the Senate de24 tailing the planned uses of such funds. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
81 

•HR 3020 RH

1 SEC. 205. Notwithstanding section 241(a) of the 

2 PHS Act, such portion as the Secretary shall determine, 

3 but not more than 2.4 percent or $1,068,000,000, which4 ever is less, of any amounts appropriated for programs 

5 authorized under such Act shall be made available for the 

6 evaluation (directly, or by grants or contracts) and the im7 plementation and effectiveness of programs funded in this 

8 title. 

9 (TRANSFER OF FUNDS)

10 SEC. 206. Not to exceed 1 percent of any discre11 tionary funds (pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985) which are appro13 priated for the current fiscal year for HHS in this Act 

14 may be transferred between appropriations, but no such 

15 appropriation shall be increased by more than 3 percent 

16 by any such transfer: Provided, That the transfer author17 ity granted by this section shall not be used to create any 

18 new program or to fund any project or activity for which 

19 no funds are provided in this Act: Provided further, That 

20 the Committees on Appropriations of the House of Rep21 resentatives and the Senate are notified at least 15 days 

22 in advance of any transfer. 

23 (TRANSFER OF FUNDS)

24 SEC. 207. The Director of the NIH, jointly with the 

25 Director of the Office of AIDS Research, may transfer up 


asabaliauskas on DSK5VPTVN1PROD with BILLS
82 

•HR 3020 RH

1 to 3 percent among institutes and centers from the total 

2 amounts identified by these two Directors as funding for 

3 research pertaining to the human immunodeficiency virus: 

4 Provided, That the Committees on Appropriations of the 

5 House of Representatives and the Senate are notified at 

6 least 15 days in advance of any transfer. 

7 (TRANSFER OF FUNDS)

8 SEC. 208. Of the amounts made available in this Act 

9 for NIH, the amount for research related to the human 

10 immunodeficiency virus, as jointly determined by the Di11 rector of NIH and the Director of the Office of AIDS Re12 search, shall be made available to the ‘‘Office of AIDS 

13 Research’’ account. The Director of the Office of AIDS 

14 Research shall transfer from such account amounts nec15 essary to carry out section 2353(d)(3) of the PHS Act. 

16 SEC. 209. None of the funds appropriated in this Act 

17 may be made available to any entity under title X of the 

18 PHS Act unless the applicant for the award certifies to 

19 the Secretary that it encourages family participation in 

20 the decision of minors to seek family planning services and 

21 that it provides counseling to minors on how to resist at22 tempts to coerce minors into engaging in sexual activities. 

23 SEC. 210. Notwithstanding any other provision of 

24 law, no provider of services under title X of the PHS Act 

25 shall be exempt from any State law requiring notification 


asabaliauskas on DSK5VPTVN1PROD with BILLS
83 

•HR 3020 RH

1 or the reporting of child abuse, child molestation, sexual 

2 abuse, rape, or incest. 

3 SEC. 211. None of the funds appropriated by this Act 

4 (including funds appropriated to any trust fund) may be 

5 used to carry out the Medicare Advantage program if the 

6 Secretary denies participation in such program to an oth7 erwise eligible entity (including a Provider Sponsored Or8 ganization) because the entity informs the Secretary that 

9 it will not provide, pay for, provide coverage of, or provide 

10 referrals for abortions: Provided, That the Secretary shall 

11 make appropriate prospective adjustments to the capita12 tion payment to such an entity (based on an actuarially 

13 sound estimate of the expected costs of providing the serv14 ice to such entity’s enrollees): Provided further, That noth15 ing in this section shall be construed to change the Medi16 care program’s coverage for such services and a Medicare 

17 Advantage organization described in this section shall be 

18 responsible for informing enrollees where to obtain infor19 mation about all Medicare covered services. 

20 SEC. 212. In order for HHS to carry out inter21 national health activities, including HIV/AIDS and other 

22 infectious disease, chronic and environmental disease, and 

23 other health activities abroad during fiscal year 2016: 

24 (1) The Secretary may exercise authority equiv25 alent to that available to the Secretary of State in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
84 

•HR 3020 RH

1 section 2(c) of the State Department Basic Authori2 ties Act of 1956. The Secretary shall consult with 

3 the Secretary of State and relevant Chief of Mission 

4 to ensure that the authority provided in this section 

5 is exercised in a manner consistent with section 207 

6 of the Foreign Service Act of 1980 and other appli7 cable statutes administered by the Department of 

8 State. 

9 (2) The Secretary is authorized to provide such 

10 funds by advance or reimbursement to the Secretary 

11 of State as may be necessary to pay the costs of ac12 quisition, lease, alteration, renovation, and manage13 ment of facilities outside of the United States for 

14 the use of HHS. The Department of State shall co15 operate fully with the Secretary to ensure that HHS 

16 has secure, safe, functional facilities that comply 

17 with applicable regulation governing location, set18 back, and other facilities requirements and serve the 

19 purposes established by this Act. The Secretary is 

20 authorized, in consultation with the Secretary of 

21 State, through grant or cooperative agreement, to 

22 make available to public or nonprofit private institu23 tions or agencies in participating foreign countries, 

24 funds to acquire, lease, alter, or renovate facilities in 

25 those countries as necessary to conduct programs of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
85 

•HR 3020 RH

1 assistance for international health activities, includ2 ing activities relating to HIV/AIDS and other infec3 tious diseases, chronic and environmental diseases, 

4 and other health activities abroad. 

5 (3) The Secretary is authorized to provide to 

6 personnel appointed or assigned by the Secretary to 

7 serve abroad, allowances and benefits similar to 

8 those provided under chapter 9 of title I of the For9 eign Service Act of 1980, and 22 U.S.C. 4081 

10 through 4086 and subject to such regulations pre11 scribed by the Secretary. The Secretary is further 

12 authorized to provide locality-based comparability 

13 payments (stated as a percentage) up to the amount 

14 of the locality-based comparability payment (stated 

15 as a percentage) that would be payable to such per16 sonnel under section 5304 of title 5, United States 

17 Code if such personnel’s official duty station were in 

18 the District of Columbia. Leaves of absence for per19 sonnel under this subsection shall be on the same 

20 basis as that provided under subchapter I of chapter 

21 63 of title 5, United States Code, or section 903 of 

22 the Foreign Service Act of 1980, to individuals serv23 ing in the Foreign Service. 

24 SEC. 213. (a) AUTHORITY.—Notwithstanding any 

25 other provision of law, the Director of NIH (‘‘Director’’) 


asabaliauskas on DSK5VPTVN1PROD with BILLS
86 

•HR 3020 RH

1 may use funds available under section 402(b)(7) or 

2 402(b)(12) of the PHS Act to enter into transactions 

3 (other than contracts, cooperative agreements, or grants) 

4 to carry out research identified pursuant to such section 

5 402(b)(7) (pertaining to the Common Fund) or research 

6 and activities described in such section 402(b)(12). 

7 (b) PEER REVIEW.—In entering into transactions 

8 under subsection (a), the Director may utilize such peer 

9 review procedures (including consultation with appropriate 

10 scientific experts) as the Director determines to be appro11 priate to obtain assessments of scientific and technical 

12 merit. Such procedures shall apply to such transactions 

13 in lieu of the peer review and advisory council review pro14 cedures that would otherwise be required under sections 

15 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

16 and 494 of the PHS Act. 

17 SEC. 214. Not to exceed $45,000,000 of funds appro18 priated by this Act to the institutes and centers of the 

19 National Institutes of Health may be used for alteration, 

20 repair, or improvement of facilities, as necessary for the 

21 proper and efficient conduct of the activities authorized 

22 herein, at not to exceed $3,500,000 per project. 

23 (TRANSFER OF FUNDS)

24 SEC. 215. Of the amounts made available for NIH, 

25 1 percent of the amount made available for National ReVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
87 

•HR 3020 RH

1 search Service Awards (‘‘NRSA’’) shall be made available 

2 to the Administrator of the Health Resources and Services 

3 Administration to make NRSA awards for research in pri4 mary medical care to individuals affiliated with entities 

5 who have received grants or contracts under sections 736, 

6 739, or 747 of the PHS Act for health service research. 

7 SEC. 216. None of the funds made available in this 

8 title may be used, in whole or in part, to advocate or pro9 mote gun control. 

10 SEC. 217. (a) The Secretary shall establish a publicly 

11 accessible Web site to provide information regarding the 

12 uses of funds made available under section 4002 of the 

13 Patient Protection and Affordable Care Act of 2010 

14 (‘‘ACA’’). 

15 (b) With respect to funds provided under section 

16 4002 of the ACA, the Secretary shall include on the Web 

17 site established under subsection (a) at a minimum the 

18 following information: 

19 (1) In the case of each transfer of funds under 

20 section 4002(c), a statement indicating the program 

21 or activity receiving funds, the operating division or 

22 office that will administer the funds, and the 

23 planned uses of the funds, to be posted not later 

24 than the day after the transfer is made. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
88 

•HR 3020 RH

1 (2) Identification (along with a link to the full 

2 text) of each funding opportunity announcement, re3 quest for proposals, or other announcement or solici4 tation of proposals for grants, cooperative agree5 ments, or contracts intended to be awarded using 

6 such funds, to be posted not later than the day after 

7 the announcement or solicitation is issued. 

8 (3) Identification of each grant, cooperative 

9 agreement, or contract with a value of $25,000 or 

10 more awarded using such funds, including the pur11 pose of the award and the identity of the recipient, 

12 to be posted not later than 5 days after the award 

13 is made. 

14 (4) A report detailing the uses of all funds 

15 transferred under section 4002(c) during the fiscal 

16 year, to be posted not later than 90 days after the 

17 end of the fiscal year. 

18 (c) With respect to awards made in fiscal years 2013 

19 through 2016, the Secretary shall also include on the Web 

20 site established under subsection (a), semi-annual reports 

21 from each entity awarded a grant, cooperative agreement, 

22 or contract from such funds with a value of $25,000 or 

23 more, summarizing the activities undertaken and identi24 fying any sub-grants or sub-contracts awarded (including 

25 the purpose of the award and the identity of the recipient), 


asabaliauskas on DSK5VPTVN1PROD with BILLS
89 

•HR 3020 RH

1 to be posted not later than 30 days after the end of each 

2 6-month period. 

3 (d) In carrying out this section, the Secretary shall: 

4 (1) present the information required in sub5 section (b)(1) on a single webpage or on a single 

6 database; 

7 (2) ensure that all information required in this 

8 section is directly accessible from the single webpage 

9 or database; and 

10 (3) ensure that all information required in this 

11 section is able to be organized by program or State. 

12 (TRANSFER OF FUNDS)

13 SEC. 218. (a) Within 45 days of enactment of this 

14 Act, the Secretary shall transfer funds appropriated under 

15 section 4002 of the Patient Protection and Affordable 

16 Care Act of 2010 (‘‘ACA’’) to the accounts specified, in 

17 the amounts specified, and for the activities specified 

18 under the heading ‘‘Prevention and Public Health Fund’’ 

19 in the committee report accompanying this Act. 

20 (b) Notwithstanding section 4002(c) of the ACA, the 

21 Secretary may not further transfer these amounts. 

22 (c) Funds transferred for activities authorized under 

23 section 2821 of the PHS Act shall be made available with24 out reference to section 2821(b) of such Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
90 

•HR 3020 RH

1 SEC. 219. (a) The Biomedical Advanced Research 

2 and Development Authority (‘‘BARDA’’) may enter into 

3 a contract, for more than one but no more than 10 pro4 gram years, for purchase of research services or of security 

5 countermeasures, as that term is defined in section 319F– 

6 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

7 if— 

8 (1) funds are available and obligated— 

9 (A) for the full period of the contract or 

10 for the first fiscal year in which the contract is 

11 in effect; and 

12 (B) for the estimated costs associated with 

13 a necessary termination of the contract; and 

14 (2) the Secretary determines that a multi-year 

15 contract will serve the best interests of the Federal 

16 Government by encouraging full and open competi17 tion or promoting economy in administration, per18 formance, and operation of BARDA’s programs. 

19 (b) A contract entered into under this section: 

20 (1) shall include a termination clause as de21 scribed by subsection (c) of section 3903 of title 41, 

22 United States Code; and 

23 (2) shall be subject to the congressional notice 

24 requirement stated in subsection (d) of such section. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
91 

•HR 3020 RH

1 SEC. 220. (a) The Secretary shall publish in the fiscal 

2 year 2017 budget justification and on Departmental Web 

3 sites information concerning the employment of full-time 

4 equivalent Federal employees or contractors for the pur5 poses of implementing, administering, enforcing, or other6 wise carrying out the provisions of the Patient Protection 

7 and Affordable Care Act of 2010 (‘‘ACA’’), and the 

8 amendments made by that Act, in the proposed fiscal year 

9 and the 4 prior fiscal years. 

10 (b) With respect to employees or contractors sup11 ported by all funds appropriated for purposes of carrying 

12 out the ACA (and the amendments made by that Act), 

13 the Secretary shall include, at a minimum, the following 

14 information: 

15 (1) For each such fiscal year, the section of 

16 such Act under which such funds were appropriated, 

17 a statement indicating the program, project, or ac18 tivity receiving such funds, the Federal operating di19 vision or office that administers such program, and 

20 the amount of funding received in discretionary or 

21 mandatory appropriations. 

22 (2) For each such fiscal year, the number of 

23 full-time equivalent employees or contracted employ24 ees assigned to each authorized and funded provision 

25 detailed in accordance with paragraph (1). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
92 

•HR 3020 RH

1 (c) In carrying out this section, the Secretary may 

2 exclude from the report employees or contractors who: 

3 (1) Are supported through appropriations en4 acted in laws other than the ACA and work on pro5 grams that existed prior to the passage of the ACA; 

6 (2) spend less than 50 percent of their time on 

7 activities funded by or newly authorized in the ACA; 

8 (3) or who work on contracts for which FTE 

9 reporting is not a requirement of their contract, 

10 such as fixed-price contracts. 

11 SEC. 221. In lieu of the timeframe specified in section 

12 338E(c)(2) of the PHS Act, terminations described in 

13 such section may occur up to 60 days after the execution 

14 of a contract awarded in fiscal year 2016 under section 

15 338B of such Act. 

16 SEC. 222. In addition to amounts provided herein, 

17 payments made for research organisms or substances, au18 thorized under section 301(a) of the PHS Act, shall be 

19 retained and credited to the appropriations accounts of the 

20 Institutes and Centers of the NIH making the substance 

21 or organism available under section 301(a). Amounts cred22 ited to the account under this authority shall be available 

23 for obligation through September 30, 2017. 

24 SEC. 223. The Secretary shall publish, as part of the 

25 fiscal year 2017 budget of the President submitted under 


asabaliauskas on DSK5VPTVN1PROD with BILLS
93 

•HR 3020 RH

1 section 1105(a) of title 31, United States Code, informa2 tion that details the uses of all funds used by the Centers 

3 for Medicare and Medicaid Services specifically for Health 

4 Insurance Marketplaces for each fiscal year since the en5 actment of the Patient Protection and Affordable Care Act 

6 (Public Law 111–148) and the proposed uses for such 

7 funds for fiscal year 2017. Such information shall include, 

8 for each such fiscal year— 

9 (1) the amount of funds used for each activity 

10 specified under the heading ‘‘Health Insurance Mar11 ketplace Transparency’’ in the committee report ac12 companying this Act; and 

13 (2) the milestones completed for data hub 

14 functionality and implementation readiness. 

15 SEC. 224. None of the funds made available by this 

16 Act from the Federal Hospital Insurance Trust Fund or 

17 the Federal Supplemental Medical Insurance Trust Fund, 

18 or transferred from other accounts funded by this Act to 

19 the ‘‘Centers for Medicare and Medicaid Services—Pro20 gram Management’’ account, may be used for payments 

21 under section 1342(b)(1) of Public Law 111–148 (relating 

22 to risk corridors). 

23 (RESCISSION)

24 SEC. 225. (a) The ‘‘Nonrecurring expenses fund’’ es25 tablished in section 223 of division G of Public Law 110– 


asabaliauskas on DSK5VPTVN1PROD with BILLS
94 

•HR 3020 RH

1 161 is terminated, the amount of expired discretionary 

2 funds available for reappropriation by transfer into such 

3 Fund under such section is reduced to $0, and the unobli4 gated balance of amounts available in such Fund is re5 scinded. 

6 (b) Section 223 of division G of Public Law 110–161 

7 is repealed. 

8 (c) Subsections (a) and (b) shall take effect on Octo9 ber 1, 2015. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 226. (a) Termination.—Effective October 1, 

12 2015, the Agency for Healthcare Research and Quality is 

13 terminated. 

14 (b) Activities in connection with termination.— 

15 (1) In general.—The Secretary— 

16 (A) shall take such actions as may be nec17 essary for orderly termination of the Agency for 

18 Healthcare Research and Quality, which may 

19 include, notwithstanding subsection (c), the pro20 vision of fiscal year 2016 continuation funding 

21 for Agency grants; and 

22 (B) to support such actions, shall use dis23 cretionary amounts made available by this Act 

24 for accounts of HHS, to be derived on a pro25 portional basis from all such accounts. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
95 

•HR 3020 RH

1 (2) Unobligated balances.—Any unobligated 

2 balances of funds appropriated to the Agency for 

3 Healthcare Research and Quality are hereby re4 scinded. 

5 (c) Activities by other agencies.—An agency may 

6 carry out an activity that, on the date of the enactment 

7 of this Act, is being carried out by the Agency for 

8 Healthcare Research and Quality only if— 

9 (1) the agency has authority to carry out such 

10 activity under other provisions of law; 

11 (2) the head of such agency determines that 

12 such activity— 

13 (A) incorporates high-quality activities that 

14 support the mission of the agency; and 

15 (B) does not expand the authority of such 

16 agency or duplicate ongoing efforts of such 

17 agency; and 

18 (3) the activity relates to— 

19 (A) in the case of the NIH, biomedical re20 search; 

21 (B) in the case of the CDC, disease control 

22 and prevention activities; 

23 (C) in the case of the Office of the Na24 tional Coordinator for Health Information 


asabaliauskas on DSK5VPTVN1PROD with BILLS
96 

•HR 3020 RH

1 Technology, health information technology ac2 tivities; and 

3 (D) in the case of the Office of the Assist4 ant Secretary for Health, patient safety activi5 ties. 

6 (d) Transfer of Preventive Services Task Force.— 

7 Subsection (a) of section 915 of the PHS Act (42 U.S.C. 

8 299b–4)— 

9 (1) is amended to read as such subsection was 

10 in effect on March 1, 2010; 

11 (2) is further amended— 

12 (A) in paragraph (1), by striking ‘‘The Di13 rector’’ and inserting ‘‘The Assistant Secretary 

14 for Health’’ ; and 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘agency’’ and inserting 

17 ‘‘assistant Secretary’’ ; and 

18 (ii) by striking ‘‘The Agency’’ and in19 serting ‘‘The Assistant Secretary for 

20 Health’’ ; 

21 (3) is redesignated as subsection (n); and 

22 (4) is transferred to the end of section 317 of 

23 the PHS Act (42 U.S.C. 247b). 

24 SEC. 227. The Secretary shall include in the fiscal 

25 year 2017 budget justification an analysis of how section 


asabaliauskas on DSK5VPTVN1PROD with BILLS
97 

•HR 3020 RH

1 2713 of the PHS Act will impact eligibility for discre2 tionary HHS programs. 

3 SEC. 228. Notwithstanding any other provision of 

4 law, none of the discretionary funds appropriated by this 

5 Act may be used to support any patient-centered outcomes 

6 research. 

7 SEC. 229. None of the funds appropriated in this Act 

8 may be used to carry out title X of the PHS Act. 

9 SEC. 230. None of the funds appropriated in this Act 

10 may be used to implement, further, enforce, or advance 

11 the Navigators program as provided under Section 1311(i) 

12 of Public Law 111–148 and title I and subtitle B of title 

13 II of Public Law 111–152. 

14

15 (RESCISSION)

16 SEC. 231. The following unobligated balances of 

17 amounts appropriated prior to fiscal year 2007 for ‘‘De18 partment of Health and Human Services–Health Re19 sources and Services Administration’’ are hereby perma20 nently rescinded: 

21 (1) $281,003 made available to carry out section 

22 1610(b) of the PHS Act; 

23 (2) $3,611 made available to carry out section 

24 1602(c) of the PHS Act; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
98 

•HR 3020 RH

1 (3) $105,576 made available in section 167 of Divi2 sion H of Public Law 108–199; and 

3 (4) $55,793 made available for the National Cord 

4 Blood Stem Cell Bank Program. 

5 SEC. 232. None of the funds made available by this 

6 Act may be used to release or implement the final version 

7 of the eighth edition of the Dietary Guidelines for Ameri8 cans, revised pursuant to section 301 of the National Nu9 trition Monitoring and Related Research Act of 1990 (7 

10 U.S.C. 5341), unless the Secretary of Agriculture and the 

11 Secretary of Health and Human Services comply with 

12 each of the following requirements: 

13 (1) Each revision to any nutritional or dietary 

14 information or guideline contained in the 2010 edi15 tion of the Dietary Guidelines for Americans and 

16 any new nutritional or dietary information or guide17 line to be included in the eighth edition of the Die18 tary Guidelines for Americans— 

19 (A) shall be based on scientific evidence 

20 that has been rated ‘‘Grade I: Strong’’ by the 

21 grading rubric developed by the Nutrition Evi22 dence Library of the Department of Agri23 culture; and 

24 (B) shall be limited in scope to only mat25 ters of diet and nutrient intake. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
99 

•HR 3020 RH

1 (2) The Secretaries shall release a preliminary 

2 draft of the eighth edition of the Dietary Guidelines 

3 for Americans, including a list of the scientific stud4 ies and evidence supporting each revised or new nu5 tritional or dietary information or guideline, for a 

6 period of public comment of at least 90 days. 

7 (3) Following the end of the public comment 

8 period, the Secretaries shall provide a period for 

9 agency review of public comments of at least 60 

10 days. 

11 SEC. 233. (a) None of the funds described in sub12 section (b) may be used to issue or facilitate the issuance 

13 of any recommendations of the United States Preventive 

14 Services Task Force with respect to breast cancer screen15 ing, mammography, and prevention. 

16 (b) For purposes of subsection (a), funds described 

17 in this subsection include the following: 

18 (1) Funds appropriated by this Act (including 

19 funds appropriated to any trust fund). 

20 (2) Funds provided under previous appropria21 tions Acts to the agencies funded by this title that 

22 remain available for obligation or expenditure. 

23 (3) Funds provided to any trust fund other 

24 than under this Act that remain available for obliga25 tion or expenditure. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
100 

•HR 3020 RH

1 This title may be cited as the ‘‘Department of Health 

2 and Human Services Appropriations Act, 2016’’. 

3 TITLE III—DEPARTMENT OF EDUCATION 

4 EDUCATION FOR THE DISADVANTAGED

5 For carrying out title I of the Elementary and Sec6 ondary Education Act of 1965 (referred to in this Act as 

7 ‘‘ESEA’’) and section 418A of the Higher Education Act 

8 of 1965 (referred to in this Act as ‘‘HEA’’), 

9 $14,869,641,000, of which $3,987,006,000 shall become 

10 available on July 1, 2016, and shall remain available 

11 through September 30, 2017, and of which 

12 $10,841,177,000 shall become available on October 1, 

13 2016, and shall remain available through September 30, 

14 2017, for academic year 2016–2017: Provided, That 

15 $6,459,401,000 shall be for basic grants under section 

16 1124 of the ESEA: Provided further, That up to 

17 $3,984,000 of these funds shall be available to the Sec18 retary of Education (referred to in this title as ‘‘Sec19 retary’’) on October 1, 2015, to obtain annually updated 

20 local educational agency-level census poverty data from 

21 the Bureau of the Census: Provided further, That 

22 $1,362,301,000 shall be for concentration grants under 

23 section 1124A of the ESEA: Provided further, That 

24 $3,294,050,000 shall be for targeted grants under section 

25 1125 of the ESEA: Provided further, That 


asabaliauskas on DSK5VPTVN1PROD with BILLS
101 

•HR 3020 RH

1 $3,294,050,000 shall be for education finance incentive 

2 grants under section 1125A of the ESEA: Provided fur3 ther, That funds available under sections 1124, 1124A, 

4 1125 and 1125A of the ESEA may be used to provide 

5 homeless children and youths with services not ordinarily 

6 provided to other students under those sections, including 

7 supporting the liaison designated pursuant to section 

8 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assist9 ance Act, and providing transportation pursuant to section 

10 722(g)(1)(J)(iii) of such Act: Provided further, That 

11 $37,474,000 shall be for carrying out section 418A of the 

12 HEA. 

13 IMPACT AID

14 For carrying out programs of financial assistance to 

15 federally affected schools authorized by title VIII of the 

16 ESEA, $1,298,603,000, of which $1,161,233,000 shall be 

17 for basic support payments under section 8003(b), 

18 $48,316,000 shall be for payments for children with dis19 abilities under section 8003(d), $17,406,000 shall be for 

20 construction under section 8007(a), $66,813,000 shall be 

21 for Federal property payments under section 8002, and 

22 $4,835,000, to remain available until expended, shall be 

23 for facilities maintenance under section 8008: Provided, 

24 That for purposes of computing the amount of a payment 

25 for an eligible local educational agency under section 


asabaliauskas on DSK5VPTVN1PROD with BILLS
102 

•HR 3020 RH

1 8003(a) for school year 2015–2016, children enrolled in 

2 a school of such agency that would otherwise be eligible 

3 for payment under section 8003(a)(1)(B) of such Act, but 

4 due to the deployment of both parents or legal guardians, 

5 or a parent or legal guardian having sole custody of such 

6 children, or due to the death of a military parent or legal 

7 guardian while on active duty (so long as such children 

8 reside on Federal property as described in section 

9 8003(a)(1)(B)), are no longer eligible under such section, 

10 shall be considered as eligible students under such section, 

11 provided such students remain in average daily attendance 

12 at a school in the same local educational agency they at13 tended prior to their change in eligibility status. 

14 SCHOOL IMPROVEMENT PROGRAMS

15 For carrying out school improvement activities au16 thorized by part A of title II, part B of title IV, parts 

17 A and B of title VI, and parts B and C of title VII of 

18 the ESEA; the McKinney-Vento Homeless Assistance Act; 

19 section 203 of the Educational Technical Assistance Act 

20 of 2002; the Compact of Free Association Amendments 

21 Act of 2003; and the Civil Rights Act of 1964, 

22 $3,500,720,000, of which $1,686,555,000 shall become 

23 available on July 1, 2016, and remain available through 

24 September 30, 2017, and of which $1,681,441,000 shall 

25 become available on October 1, 2016, and shall remain 


asabaliauskas on DSK5VPTVN1PROD with BILLS
103 

•HR 3020 RH

1 available through September 30, 2017, for academic year 

2 2016–2017: Provided, That funds made available to carry 

3 out part B of title VII of the ESEA may be used for con4 struction, renovation, and modernization of any elemen5 tary school, secondary school, or structure related to an 

6 elementary school or secondary school, run by the Depart7 ment of Education of the State of Hawaii, that serves a 

8 predominantly Native Hawaiian student body: Provided 

9 further, That funds made available to carry out part C 

10 of title VII of the ESEA shall be awarded on a competitive 

11 basis, and also may be used for construction: Provided fur12 ther, That $43,600,000 shall be available to carry out sec13 tion 203 of the Educational Technical Assistance Act of 

14 2002 and the Secretary shall make such arrangements as 

15 determined to be necessary to ensure that the Bureau of 

16 Indian Education has access to services provided under 

17 this section: Provided further, That $16,699,000 shall be 

18 available to carry out the Supplemental Education Grants 

19 program for the Federated States of Micronesia and the 

20 Republic of the Marshall Islands: Provided further, That 

21 the Secretary may reserve up to 5 percent of the amount 

22 referred to in the previous proviso to provide technical as23 sistance in the implementation of these grants: Provided 

24 further, That up to 3.2 percent of the funds for subpart 

25 1 of part A of title II of the ESEA shall be reserved by 


asabaliauskas on DSK5VPTVN1PROD with BILLS
104 

•HR 3020 RH

1 the Secretary for competitive awards for teacher or prin2 cipal recruitment and training or professional enhance3 ment activities, including for civic education instruction, 

4 to national not-for-profit organizations: Provided further, 

5 That none of the funds made available by this Act shall 

6 be used to allow 21st Century Community Learning Cen7 ters initiative funding for expanded learning time that 

8 adds additional learning hours to the school day, addi9 tional days to the school week, or additional days to the 

10 school year. 

11 INDIAN EDUCATION

12 For expenses necessary to carry out, to the extent 

13 not otherwise provided, title VII, part A of the ESEA, 

14 $143,939,000. 

15 INNOVATION AND IMPROVEMENT

16 For carrying out activities authorized by part B of 

17 title V of the ESEA,$275,000,000: Provided, That of the 

18 funds available for part B of title V of the ESEA, the 

19 Secretary shall use up to $11,000,000 to carry out activi20 ties under section 5205(b) and shall use not less than 

21 $13,000,000 for subpart 2: Provided further, That of the 

22 funds available for subpart 1 of part B of title V of the 

23 ESEA, and notwithstanding section 5205(a), the Sec24 retary shall reserve up to $75,000,000 to make multiple 

25 awards to non-profit charter management organizations 


asabaliauskas on DSK5VPTVN1PROD with BILLS
105 

•HR 3020 RH

1 and other entities that are not for-profit entities for the 

2 replication and expansion of successful charter school 

3 models and shall reserve not less than $11,000,000 to 

4 carry out the activities described in section 5205(a), in5 cluding improving quality and oversight of charter schools 

6 and providing technical assistance and grants to author7 ized public chartering agencies in order to increase the 

8 number of high-performing charter schools: Provided fur9 ther, That funds available for part B of title V of the 

10 ESEA may be used for grants that support preschool edu11 cation in charter schools: Provided further, That each ap12 plication submitted pursuant to section 5203(a) shall de13 scribe a plan to monitor and hold accountable authorized 

14 public chartering agencies through such activities as pro15 viding technical assistance or establishing a professional 

16 development program, which may include evaluation, plan17 ning, training, and systems development for staff of au18 thorized public chartering agencies to improve the capacity 

19 of such agencies in the State to authorize, monitor, and 

20 hold accountable charter schools: Provided further, That 

21 each application submitted pursuant to section 5203(a) 

22 shall contain assurances that State law, regulations, or 

23 other policies require that: (1) each authorized charter 

24 school in the State operate under a legally binding charter 

25 or performance contract between itself and the school’s 


asabaliauskas on DSK5VPTVN1PROD with BILLS
106 

•HR 3020 RH

1 authorized public chartering agency that describes the 

2 rights and responsibilities of the school and the public 

3 chartering agency; conduct annual, timely, and inde4 pendent audits of the school’s financial statements that 

5 are filed with the school’s authorized public chartering 

6 agency; and demonstrate improved student academic 

7 achievement; and (2) authorized public chartering agen8 cies use increases in student academic achievement for all 

9 groups of students described in section 1111(b)(2)(C)(v) 

10 of the ESEA as one of the most important factors when 

11 determining to renew or revoke a school’s charter. 

12 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

13 For carrying out activities authorized by subpart 1 

14 of part D of title V of the ESEA, $56,754,000, which shall 

15 remain available through December 31, 2016 for Promise 

16 Neighborhoods. 

17 ENGLISH LANGUAGE ACQUISITION

18 For carrying out part A of title III of the ESEA, 

19 $737,400,000, which shall become available on July 1, 

20 2016, and shall remain available through September 30, 

21 2017, except that 6.5 percent of such amount shall be 

22 available on October 1, 2015, and shall remain available 

23 through September 30, 2017, to carry out activities under 

24 section 3111(c)(1)(C): Provided, That the Secretary shall 

25 use estimates of the American Community Survey child 


asabaliauskas on DSK5VPTVN1PROD with BILLS
107 

•HR 3020 RH

1 counts for the most recent 3-year period available to cal2 culate allocations under such part. 

3 SPECIAL EDUCATION

4 For carrying out the Individuals with Disabilities 

5 Education Act (IDEA), $13,024,510,000, of which 

6 $3,367,611,000 shall become available on July 1, 2016, 

7 and shall remain available through September 30, 2017, 

8 and of which $9,424,183,000 shall become available on 

9 October 1, 2016, and shall remain available through Sep10 tember 30, 2017, for academic year 2016–2017: Provided, 

11 That the amount for section 611(b)(2) of the IDEA shall 

12 be equal to the lesser of the amount available for that ac13 tivity during fiscal year 2015, increased by the amount 

14 of inflation as specified in section 619(d)(2)(B) of the 

15 IDEA, or the percent change in the funds appropriated 

16 under section 611(i) of the IDEA, but not less than the 

17 amount for that activity during fiscal year 2015: Provided 

18 further, That the Secretary shall, without regard to section 

19 611(d) of the IDEA, distribute to all other States (as that 

20 term is defined in section 611(g)(2)), subject to the third 

21 proviso, any amount by which a State’s allocation under 

22 section 611(d), from funds appropriated under this head23 ing, is reduced under section 612(a)(18)(B), according to 

24 the following: 85 percent on the basis of the States’ rel25 ative populations of children aged 3 through 21 who are 


asabaliauskas on DSK5VPTVN1PROD with BILLS
108 

•HR 3020 RH

1 of the same age as children with disabilities for whom the 

2 State ensures the availability of a free appropriate public 

3 education under this part, and 15 percent to States on 

4 the basis of the States’ relative populations of those chil5 dren who are living in poverty: Provided further, That the 

6 Secretary may not distribute any funds under the previous 

7 proviso to any State whose reduction in allocation from 

8 funds appropriated under this heading made funds avail9 able for such a distribution: Provided further, That the 

10 States shall allocate such funds distributed under the sec11 ond proviso to local educational agencies in accordance 

12 with section 611(f): Provided further, That the amount by 

13 which a State’s allocation under section 611(d) of the 

14 IDEA is reduced under section 612(a)(18)(B) and the 

15 amounts distributed to States under the previous provisos 

16 in fiscal year 2012 or any subsequent year shall not be 

17 considered in calculating the awards under section 611(d) 

18 for fiscal year 2013 or for any subsequent fiscal years: 

19 Provided further, That, notwithstanding the provision in 

20 section 612(a)(18)(B) regarding the fiscal year in which 

21 a State’s allocation under section 611(d) is reduced for 

22 failure to comply with the requirement of section 

23 612(a)(18)(A), the Secretary may apply the reduction 

24 specified in section 612(a)(18)(B) over a period of con25 secutive fiscal years, not to exceed five, until the entire 


asabaliauskas on DSK5VPTVN1PROD with BILLS
109 

•HR 3020 RH

1 reduction is applied: Provided further, That the Secretary 

2 may, in any fiscal year in which a State’s allocation under 

3 section 611 is reduced in accordance with section 

4 612(a)(18)(B), reduce the amount a State may reserve 

5 under section 611(e)(1) by an amount that bears the same 

6 relation to the maximum amount described in that para7 graph as the reduction under section 612(a)(18)(B) bears 

8 to the total allocation the State would have received in 

9 that fiscal year under section 611(d) in the absence of the 

10 reduction: Provided further, That the Secretary shall ei11 ther reduce the allocation of funds under section 611 for 

12 any fiscal year following the fiscal year for which the State 

13 fails to comply with the requirement of section 

14 612(a)(18)(A) as authorized by section 612(a)(18)(B), or 

15 seek to recover funds under section 452 of the General 

16 Education Provisions Act (20 U.S.C. 1234a): Provided 

17 further, That the funds reserved under 611(c) of the 

18 IDEA may be used to provide technical assistance to 

19 States to improve the capacity of the States to meet the 

20 data collection requirements of sections 616 and 618 and 

21 to administer and carry out other services and activities 

22 to improve data collection, coordination, quality, and use 

23 under parts B and C of the IDEA: Provided further, That 

24 the level of effort a local educational agency must meet 

25 under section 613(a)(2)(A)(iii) of the IDEA, in the year 


asabaliauskas on DSK5VPTVN1PROD with BILLS
110 

•HR 3020 RH

1 after it fails to maintain effort is the level of effort that 

2 would have been required in the absence of that failure 

3 and not the LEA’s reduced level of expenditures: Provided 

4 further, That the Secretary may use funds made available 

5 for the State Personnel Development Grants program 

6 under part D, subpart 1 of IDEA to evaluate program 

7 performance under such subpart. 

8 REHABILITATION SERVICES AND DISABILITY RESEARCH

9 For carrying out, to the extent not otherwise pro10 vided, the Rehabilitation Act of 1973 and the Helen Keller 

11 National Center Act, $3,529,605,000, of which 

12 $3,391,770,000 shall be for grants for vocational rehabili13 tation services under title I of the Rehabilitation Act. 

14 SPECIAL INSTITUTIONS FOR PERSONS WITH

15 DISABILITIES

16 AMERICAN PRINTING HOUSE FOR THE BLIND

17 For carrying out the Act of March 3, 1879, 

18 $25,431,000. 

19 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

20 For the National Technical Institute for the Deaf 

21 under titles I and II of the Education of the Deaf Act 

22 of 1986, $68,016,000: Provided, That from the total 

23 amount available, the Institute may at its discretion use 

24 funds for the endowment program as authorized under 

25 section 207 of such Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
111 

•HR 3020 RH

1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

3 the Model Secondary School for the Deaf, and the partial 

4 support of Gallaudet University under titles I and II of 

5 the Education of the Deaf Act of 1986, $121,275,000: 

6 Provided, That from the total amount available, the Uni7 versity may at its discretion use funds for the endowment 

8 program as authorized under section 207 of such Act. 

9 CAREER, TECHNICAL, AND ADULT EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, the Carl D. Perkins Career and Technical Edu12 cation Act of 2006 and the Adult Education and Family 

13 Literacy Act (‘‘AEFLA’’), $1,700,609,000, of which 

14 $909,609,000 shall become available on July 1, 2016, and 

15 shall remain available through September 30, 2017, and 

16 of which $791,000,000 shall become available on October 

17 1, 2016, and shall remain available through September 30, 

18 2017: Provided, That of the amount provided for Adult 

19 Education State Grants, $71,439,000 shall be made avail20 able for integrated English literacy and civics education 

21 services to immigrants and other limited-English-pro22 ficient populations: Provided further, That of the amount 

23 reserved for integrated English literacy and civics edu24 cation, notwithstanding section 211 of the AEFLA, 65 

25 percent shall be allocated to States based on a State’s abVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
112 

•HR 3020 RH

1 solute need as determined by calculating each State’s 

2 share of a 10-year average of the United States Citizen3 ship and Immigration Services data for immigrants admit4 ted for legal permanent residence for the 10 most recent 

5 years, and 35 percent allocated to States that experienced 

6 growth as measured by the average of the 3 most recent 

7 years for which United States Citizenship and Immigra8 tion Services data for immigrants admitted for legal per9 manent residence are available, except that no State shall 

10 be allocated an amount less than $60,000: Provided fur11 ther, That of the amounts made available for AEFLA, 

12 $10,240,000 shall be for national leadership activities 

13 under section 243. 

14 STUDENT FINANCIAL ASSISTANCE

15 For carrying out subparts 1, 3, and 10 of part A, 

16 and part C of title IV of the HEA, $23,828,210,000, 

17 which shall remain available through September 30, 2017. 

18 The maximum Pell Grant for which a student shall 

19 be eligible during award year 2016–2017 shall be $4,860. 

20 STUDENT AID ADMINISTRATION

21 For Federal administrative expenses to carry out part 

22 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

23 parts B, C, D, and E of title IV of the HEA, and subpart 

24 1 of part A of title VII of the Public Health Service Act, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
113 

•HR 3020 RH

1 $1,446,924,000, to remain available through September 

2 30, 2017. 

3 HIGHER EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, titles III, IV, V, VI, VII, and VIII of the HEA, 

6 the Mutual Educational and Cultural Exchange Act of 

7 1961, and section 117 of the Carl D. Perkins Career and 

8 Technical Education Act of 2006, $1,909,042,000: Pro9 vided, That notwithstanding any other provision of law, 

10 funds made available in this Act to carry out title VI of 

11 the HEA and section 102(b)(6) of the Mutual Educational 

12 and Cultural Exchange Act of 1961 may be used to sup13 port visits and study in foreign countries by individuals 

14 who are participating in advanced foreign language train15 ing and international studies in areas that are vital to 

16 United States national security and who plan to apply 

17 their language skills and knowledge of these countries in 

18 the fields of government, the professions, or international 

19 development: Provided further, That of the funds referred 

20 to in the preceding proviso up to 1 percent may be used 

21 for program evaluation, national outreach, and informa22 tion dissemination activities: Provided further, That up to 

23 1.5 percent of the funds made available under chapter 2 

24 of subpart 2 of part A of title IV of the HEA may be 

25 used for evaluation. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
114 

•HR 3020 RH

1 HOWARD UNIVERSITY

2 For partial support of Howard University, 

3 $221,821,000, of which not less than $3,405,000 shall be 

4 for a matching endowment grant pursuant to the Howard 

5 University Endowment Act and shall remain available 

6 until expended. 

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses to carry out ac10 tivities related to existing facility loans pursuant to section 

11 121 of the HEA, $435,000. 

12 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

13 CAPITAL FINANCING PROGRAM ACCOUNT

14 For the cost of guaranteed loans, $19,096,000, as au15 thorized pursuant to part D of title III of the HEA, which 

16 shall remain available through September 30, 2017: Pro17 vided, That such costs, including the cost of modifying 

18 such loans, shall be as defined in section 502 of the Con19 gressional Budget Act of 1974: Provided further, That 

20 these funds are available to subsidize total loan principal, 

21 any part of which is to be guaranteed, not to exceed 

22 $303,593,000: Provided further, That these funds may be 

23 used to support loans to public and private Historically 

24 Black Colleges and Universities without regard to the limi25 tations within section 344(a) of the HEA. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
115 

•HR 3020 RH

1 In addition, for administrative expenses to carry out 

2 the Historically Black College and University Capital Fi3 nancing Program entered into pursuant to part D of title 

4 III of the HEA, $334,000. 

5 INSTITUTE OF EDUCATION SCIENCES

6 For carrying out activities authorized by the Edu7 cation Sciences Reform Act of 2002, the National Assess8 ment of Educational Progress Authorization Act, section 

9 208 of the Educational Technical Assistance Act of 2002, 

10 and section 664 of the Individuals with Disabilities Edu11 cation Act, $409,956,000, which shall remain available 

12 through September 30, 2017: Provided, That funds avail13 able to carry out section 208 of the Educational Technical 

14 Assistance Act may be used to link Statewide elementary 

15 and secondary data systems with early childhood, postsec16 ondary, and workforce data systems, or to further develop 

17 such systems: Provided further, That up to $6,000,000 of 

18 the funds available to carry out section 208 of the Edu19 cational Technical Assistance Act may be used for awards 

20 to public or private organizations or agencies to support 

21 activities to improve data coordination, quality, and use 

22 at the local, State, and national levels: Provided further, 

23 That $137,235,000 shall be for carrying out activities au24 thorized by the National Assessment of Educational 

25 Progress Authorization Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
116 

•HR 3020 RH

1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 

7 $410,000,000. 

8 OFFICE FOR CIVIL RIGHTS

9 For expenses necessary for the Office for Civil 

10 Rights, as authorized by section 203 of the Department 

11 of Education Organization Act, $100,000,000. 

12 OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector 

14 General, as authorized by section 212 of the Department 

15 of Education Organization Act, $59,256,000. 

16 GENERAL PROVISIONS

17 SEC. 301. No funds appropriated in this Act may be 

18 used for the transportation of students or teachers (or for 

19 the purchase of equipment for such transportation) in 

20 order to overcome racial imbalance in any school or school 

21 system, or for the transportation of students or teachers 

22 (or for the purchase of equipment for such transportation) 

23 in order to carry out a plan of racial desegregation of any 

24 school or school system. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
117 

•HR 3020 RH

1 SEC. 302. None of the funds contained in this Act 

2 shall be used to require, directly or indirectly, the trans3 portation of any student to a school other than the school 

4 which is nearest the student’s home, except for a student 

5 requiring special education, to the school offering such 

6 special education, in order to comply with title VI of the 

7 Civil Rights Act of 1964. For the purpose of this section 

8 an indirect requirement of transportation of students in9 cludes the transportation of students to carry out a plan 

10 involving the reorganization of the grade structure of 

11 schools, the pairing of schools, or the clustering of schools, 

12 or any combination of grade restructuring, pairing, or 

13 clustering. The prohibition described in this section does 

14 not include the establishment of magnet schools. 

15 SEC. 303. No funds appropriated in this Act may be 

16 used to prevent the implementation of programs of vol17 untary prayer and meditation in the public schools. 

18 (TRANSFER OF FUNDS)

19 SEC. 304. Not to exceed 1 percent of any discre20 tionary funds (pursuant to the Balanced Budget and 

21 Emergency Deficit Control Act of 1985) which are appro22 priated for the Department of Education in this Act may 

23 be transferred between appropriations, but no such appro24 priation shall be increased by more than 3 percent by any 

25 such transfer: Provided, That the transfer authority 


asabaliauskas on DSK5VPTVN1PROD with BILLS
118 

•HR 3020 RH

1 granted by this section shall not be used to create any 

2 new program or to fund any project or activity for which 

3 no funds are provided in this Act: Provided further, That 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate are notified at least 15 days 

6 in advance of any transfer. 

7 SEC. 305. The Outlying Areas may consolidate funds 

8 received under this Act, pursuant to 48 U.S.C. 1469a, 

9 under part A of title V of the ESEA. 

10 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

11 of Free Association Amendments Act of 2003 (48 U.S.C. 

12 1921d(f)(1)(B)(ix)) shall be applied by substituting 

13 ‘‘2016’’ for ‘‘2009’’. 

14 SEC. 307. The Secretary, in consultation with the Di15 rector of the Institute of Education Sciences, may reserve 

16 funds under section 9601 of the ESEA (subject to the lim17 itations in subsections (b) and (c) of that section) in order 

18 to carry out activities authorized under paragraphs (1) 

19 and (2) of subsection (a) of that section with respect to 

20 any ESEA program funded in this Act and without re21 spect to the source of funds for those activities: Provided, 

22 That high-quality evaluations of ESEA programs shall be 

23 prioritized, before using funds for any other evaluation ac24 tivities: Provided further, That any funds reserved under 

25 this section shall be available from July 1, 2016 through 


asabaliauskas on DSK5VPTVN1PROD with BILLS
119 

•HR 3020 RH

1 September 30, 2017: Provided further, That not later than 

2 10 days prior to the initial obligation of funds reserved 

3 under this section, the Secretary, in consultation with the 

4 Director, shall submit an evaluation plan to the Senate 

5 Committees on Appropriations and Health, Education, 

6 Labor, and Pensions and the House Committees on Ap7 propriations and Education and the Workforce which 

8 identifies the source and amount of funds reserved under 

9 this section, the impact on program grantees if funds are 

10 withheld, the programs to be evaluated with such funds, 

11 how ESEA programs will be regularly evaluated, and how 

12 findings from evaluations completed under this section will 

13 be widely disseminated. 

14 SEC. 308. (a) An institution of higher education that 

15 maintains an endowment fund supported with funds ap16 propriated for title III or V of the HEA for fiscal year 

17 2016 may use the income from that fund to award schol18 arships to students, subject to the limitation in section 

19 331(c)(3)(B)(i) of the HEA. The use of such income for 

20 such purposes, prior to the enactment of this Act, shall 

21 be considered to have been an allowable use of that in22 come, subject to that limitation. 

23 (b) Subsection (a) shall be in effect until titles III 

24 and V of the HEA are reauthorized. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
120 

•HR 3020 RH

1 SEC. 309. None of the funds made available by this 

2 Act may be used to— 

3 (1) implement, administer, or enforce the final regu4 lations on ‘‘Program Integrity: Gainful Employment’’ pub5 lished by the Department of Education on October 31, 

6 2014 (79 Fed. Reg. 64889 et seq.); or 

7 (2) promulgate or enforce any new regulation or rule 

8 with respect to the definition or application of the term 

9 ‘‘gainful employment’’ under the Higher Education Act of 

10 1965 on or after the date of enactment of this Act. 

11 SEC. 310. None of the funds made available by this 

12 Act may be used to— 

13 (1) implement, administer, or enforce the definition 

14 of the term ‘‘credit hour’’ in section 600.2 of title 34, Code 

15 of Federal Regulations, as added by the final regulations 

16 published by the Department of Education in the Federal 

17 Register on October 29, 2010 (75 Fed. Reg. 66946) and 

18 clauses (i)(A), (ii), and (iii) of subsection (k)(2) of section 

19 668.8 of such title, as amended by such final regulations; 

20 or 

21 (2) promulgate or enforce any new regulation or rule 

22 with respect to the definition or application of the term 

23 ‘‘credit hour’’ under the Higher Education Act of 1965 

24 on or after the date of enactment of this Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
121 

•HR 3020 RH

1 SEC. 311. None of the funds made available by this 

2 Act may be used to implement, administer or enforce sec3 tion 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or 

4 668.43(b) of title 34, Code of Federal Regulations (relat5 ing to state authorization), as added or amended by the 

6 final regulations published by the Department of Edu7 cation in the Federal Register on October 29, 2010 (75 

8 Fed. Reg. 66832 et. seq.); or as added or amended by 

9 the negotiated rulemaking committee established after the 

10 notice of intention to establish such a committee published 

11 in the Federal Register on November 20, 2013 (78 Fed. 

12 Reg. 69612). 

13 SEC. 312. None of the funds made available by this 

14 Act may be used to develop, refine, promulgate, publish, 

15 implement, administer, maintain, or enforce a Postsec16 ondary Institution Ratings System (PIRS), for which 

17 feedback was solicited in the Request for Information pub18 lished by the Department of Education in the Federal 

19 Register on December 17, 2013 (78 Fed. Reg. 76289 et 

20 seq.), or any other system intended to rate the perform21 ance of institutions of higher education. 

22 SEC. 313. None of the funds made available by this 

23 Act may be used to promulgate or enforce the proposed 

24 rule published by the Office of Postsecondary Education 

25 of the Department of Education in the Federal Register 


asabaliauskas on DSK5VPTVN1PROD with BILLS
122 

•HR 3020 RH

1 on December 3, 2014 (79 Fed. Reg. 71820 et seq.) relat2 ing to teacher preparation issues or any substantially simi3 lar rule. 

4 This title may be cited as the ‘‘Department of Edu5 cation Appropriations Act, 2016’’. 

6 TITLE IV—RELATED AGENCIES 

7 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

8 BLIND OR SEVERELY DISABLED

9 SALARIES AND EXPENSES

10 For expenses necessary for the Committee for Pur11 chase From People Who Are Blind or Severely Disabled 

12 established by Public Law 92–28, $5,362,000: Provided, 

13 That a central nonprofit agency designated pursuant to 

14 section 8503(c) of title 41, United States Code, and any 

15 other nongovernmental organization authorized to charge 

16 a fee under section 51–3.5 of title 41, Code of Federal 

17 Regulations (referred to in this paragraph as a ‘‘CNA 

18 fee’’), may not charge a CNA fee to a nonprofit agency 

19 except pursuant to a contract entered into in advance with 

20 the AbilityOne Commission: Provided further, That a sepa21 rate contract shall be entered into under the preceding 

22 proviso in the case of each nonprofit agency proposed to 

23 be charged a CNA fee: Provided further, That a CNA fee 

24 shall be paid directly to the AbilityOne Commission and 

25 may be remitted to a central nonprofit agency or other 


asabaliauskas on DSK5VPTVN1PROD with BILLS
123 

•HR 3020 RH

1 nongovernmental organization only pursuant to the terms 

2 of a contract entered into under the preceding provisos: 

3 Provided further, That a contract entered into under the 

4 preceding provisos shall contain such auditing, oversight, 

5 and reporting provisions as are required by the Adminis6 trator for Federal Procurement Policy, in consultation 

7 with the Administrator of General Services and the Sec8 retary of Defense. 

9 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

10 OPERATING EXPENSES

11 For necessary expenses for the Corporation for Na12 tional and Community Service (referred to in this title as 

13 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

14 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

15 National and Community Service Act of 1990 (referred 

16 to in this title as ‘‘1990 Act’’), $612,527,000, notwith17 standing sections 198B(b)(3), 198S(g), 501(a)(6), 

18 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Pro19 vided, That of the amounts provided under this heading, 

20 up to 1 percent of program grant funds may be used to 

21 defray the costs of conducting grant application reviews, 

22 including the use of outside peer reviewers and electronic 

23 management of the grant cycle. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
124 

•HR 3020 RH

1 PAYMENT TO THE NATIONAL SERVICE TRUST

2 (INCLUDING TRANSFER OF FUNDS)

3 For payment to the National Service Trust estab4 lished under subtitle D of title I of the 1990 Act, 

5 $50,000,000, to remain available until expended: Pro6 vided, That CNCS may transfer additional funds from the 

7 amount provided within ‘‘Operating Expenses’’ allocated 

8 to grants under subtitle C of title I of the 1990 Act to 

9 the National Service Trust upon determination that such 

10 transfer is necessary to support the activities of national 

11 service participants and after notice is transmitted to the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate: Provided further, That amounts ap14 propriated for or transferred to the National Service Trust 

15 may be invested under section 145(b) of the 1990 Act 

16 without regard to the requirement to apportion funds 

17 under 31 U.S.C. 1513(b). 

18 SALARIES AND EXPENSES

19 For necessary expenses of administration as provided 

20 under section 501(a)(5) of the 1990 Act and under section 

21 504(a) of the 1973 Act, including payment of salaries, au22 thorized travel, hire of passenger motor vehicles, the rental 

23 of conference rooms in the District of Columbia, the em24 ployment of experts and consultants authorized under 5 


asabaliauskas on DSK5VPTVN1PROD with BILLS
125 

•HR 3020 RH

1 U.S.C. 3109, and not to exceed $2,500 for official recep2 tion and representation expenses, $20,000,000. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the Inspector General Act of 1978, 

6 $5,250,000. 

7 ADMINISTRATIVE PROVISIONS

8 SEC. 401. CNCS shall make any significant changes 

9 to program requirements, service delivery or policy only 

10 through public notice and comment rulemaking. For fiscal 

11 year 2016, during any grant selection process, an officer 

12 or employee of CNCS shall not knowingly disclose any cov13 ered grant selection information regarding such selection, 

14 directly or indirectly, to any person other than an officer 

15 or employee of CNCS that is authorized by CNCS to re16 ceive such information. 

17 SEC. 402. AmeriCorps programs receiving grants 

18 under the National Service Trust program shall meet an 

19 overall minimum share requirement of 24 percent for the 

20 first 3 years that they receive AmeriCorps funding, and 

21 thereafter shall meet the overall minimum share require22 ment as provided in section 2521.60 of title 45, Code of 

23 Federal Regulations, without regard to the operating costs 

24 match requirement in section 121(e) or the member sup25 port Federal share limitations in section 140 of the 1990 


asabaliauskas on DSK5VPTVN1PROD with BILLS
126 

•HR 3020 RH

1 Act, and subject to partial waiver consistent with section 

2 2521.70 of title 45, Code of Federal Regulations. 

3 SEC. 403 Donations made to CNCS under section 

4 196 of the 1990 Act for the purposes of financing pro5 grams and operations under titles I and II of the 1973 

6 Act or subtitle B, C, D, or E of title I of the 1990 Act 

7 shall be used to supplement and not supplant current pro8 grams and operations. 

9 SEC. 404. In addition to the requirements in section 

10 146(a) of the 1990 Act, use of an educational award for 

11 the purpose described in section 148(a)(4) shall be limited 

12 to individuals who are veterans as defined under section 

13 101 of the Act. 

14 SEC. 405. For the purpose of carrying out section 

15 189D of the 1990 Act: 

16 (1) Entities described in paragraph (a) of such 

17 section shall be considered ‘‘qualified entities’’ under 

18 section 3 of the National Child Protection Act of 

19 1993 (‘‘NCPA’’); and 

20 (2) Individuals described in such section shall 

21 be considered ‘‘volunteers’’ under section 3 of 

22 NCPA; and 

23 (3) State Commissions on National and Com24 munity Service established pursuant to section 178 

25 of the 1990 Act, are authorized to receive criminal 


asabaliauskas on DSK5VPTVN1PROD with BILLS
127 

•HR 3020 RH

1 history record information, consistent with Public 

2 Law 92–544. 

3 CORPORATION FOR PUBLIC BROADCASTING

4 For payment to the Corporation for Public Broad5 casting (‘‘CPB’’), as authorized by the Communications 

6 Act of 1934, an amount which shall be available within 

7 limitations specified by that Act, for the fiscal year 2018, 

8 $445,000,000: Provided, That none of the funds made 

9 available to CPB by this Act shall be used to pay for re10 ceptions, parties, or similar forms of entertainment for 

11 Government officials or employees: Provided further, That 

12 none of the funds made available to CPB by this Act shall 

13 be available or used to aid or support any program or ac14 tivity from which any person is excluded, or is denied ben15 efits, or is discriminated against, on the basis of race, 

16 color, national origin, religion, or sex: Provided further, 

17 That none of the funds made available to CPB by this 

18 Act shall be used to apply any political test or qualification 

19 in selecting, appointing, promoting, or taking any other 

20 personnel action with respect to officers, agents, and em21 ployees of CPB: Provided further, That none of the funds 

22 made available to CPB by this Act shall be used to support 

23 the Television Future Fund or any similar purpose. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
128 

•HR 3020 RH

1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation 

4 and Conciliation Service (‘‘Service’’) to carry out the func5 tions vested in it by the Labor-Management Relations Act, 

6 1947, including hire of passenger motor vehicles; for ex7 penses necessary for the Labor-Management Cooperation 

8 Act of 1978; and for expenses necessary for the Service 

9 to carry out the functions vested in it by the Civil Service 

10 Reform Act, $48,748,000, including up to $400,000 to re11 main available through September 30, 2017, for activities 

12 authorized by the Labor-Management Cooperation Act of 

13 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

14 fees charged, up to full-cost recovery, for special training 

15 activities and other conflict resolution services and tech16 nical assistance, including those provided to foreign gov17 ernments and international organizations, and for arbitra18 tion services shall be credited to and merged with this ac19 count, and shall remain available until expended: Provided 

20 further, That fees for arbitration services shall be available 

21 only for education, training, and professional development 

22 of the agency workforce: Provided further, That the Direc23 tor of the Service is authorized to accept and use on behalf 

24 of the United States gifts of services and real, personal, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
129 

•HR 3020 RH

1 or other property in the aid of any projects or functions 

2 within the Director’s jurisdiction. 

3 FEDERAL MINE SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Federal Mine Safety 

7 and Health Review Commission, $17,085,000. 

8 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

9 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

10 AND ADMINISTRATION

11 For carrying out the Museum and Library Services 

12 Act of 1996 and the National Museum of African Amer13 ican History and Culture Act, $227,860,000. 

14 MEDICAID AND CHIP PAYMENT AND ACCESS

15 COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out section 1900 of 

18 the Social Security Act, $7,765,000. 

19 MEDICARE PAYMENT ADVISORY COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out section 1805 of 

22 the Social Security Act, $11,925,000, to be transferred to 

23 this appropriation from the Federal Hospital Insurance 

24 Trust Fund and the Federal Supplementary Medical In25 surance Trust Fund. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
130 

•HR 3020 RH

1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, $3,250,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, and other laws, 

11 $200,000,000: Provided, That no part of this appropria12 tion shall be available to organize or assist in organizing 

13 agricultural laborers or used in connection with investiga14 tions, hearings, directives, or orders concerning bargaining 

15 units composed of agricultural laborers as referred to in 

16 section 2(3) of the Act of July 5, 1935, and as amended 

17 by the Labor-Management Relations Act, 1947, and as de18 fined in section 3(f) of the Act of June 25, 1938, and 

19 including in said definition employees engaged in the 

20 maintenance and operation of ditches, canals, reservoirs, 

21 and waterways when maintained or operated on a mutual, 

22 nonprofit basis and at least 95 percent of the water stored 

23 or supplied thereby is used for farming purposes. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
131 

•HR 3020 RH

1 ADMINISTRATIVE PROVISIONS

2 SEC. 406. None of the funds provided by this Act 

3 or previous Acts making appropriations for the National 

4 Labor Relations Board may be used to issue any new ad5 ministrative directive or regulation that would provide em6 ployees any means of voting through any electronic means 

7 in an election to determine a representative for the pur8 poses of collective bargaining. 

9 SEC. 407. None of the funds made available by this 

10 Act may be used to implement or enforce any rule amend11 ing parts 101, 102, and 103 of title 29, Code of Federal 

12 Regulations (relating to the filing and processing of peti13 tions pursuant to the representation of employees for the 

14 purposes of collective bargaining with their employer), in15 cluding the final rule published by the National Labor Re16 lations Board in the Federal Register on December 15, 

17 2014 (79 Fed. Reg. 74308). 

18 SEC. 408. None of the funds made available by this 

19 Act may be used to investigate, issue, enforce or litigate 

20 any administrative directive, regulation, representation 

21 issue or unfair labor practice proceeding or any other ad22 ministrative complaint, charge, claim or proceeding that 

23 would change the interpretation or application of a stand24 ard to determine whether entities are ‘‘joint employers’’ 

25 in effect as of January 1, 2014. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
132 

•HR 3020 RH

1 SEC. 409. (a) None of the funds made available by 

2 this Act may be used to enforce the National Labor Rela3 tions Act (29 U.S.C. 152) against any Indian tribe, includ4 ing any enterprise or institution owned and operated by 

5 an Indian tribe and located on its Indian lands. 

6 (b) For purposes of this section— 

7 (1) the term ‘‘Indian tribe’’ means any Indian 

8 tribe, band, nation, pueblo, Native Alaskan group, or 

9 other organized group or community which is recog10 nized as eligible for the special programs and serv11 ices provided by the United States to Indians be12 cause of their status as Indians; 

13 (2) the term ‘‘Indian’’ means any individual 

14 who is a member of an Indian tribe; and 

15 (3) the term ‘‘Indian lands’ ’’ means— 

16 (A) all lands within the limits of any In17 dian reservation; 

18 (B) any lands title to which is either held 

19 in trust by the United States for the benefit of 

20 any Indian tribe or individual or held by any 

21 Indian tribe or individual subject to restriction 

22 by the United States against alienation; and 

23 (C) any lands in the State of Oklahoma 

24 that are within the boundaries of a former resVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
133 

•HR 3020 RH

1 ervation (as defined by the Secretary of the In2 terior) of a federally recognized Indian tribe. 

3 SEC. 410. (a)(1) Except as provided in paragraph 

4 (2), none of the funds made available by this Act may 

5 be used to implement, create, apply, or enforce through 

6 prosecution, adjudication, rulemaking, or the issuing of 

7 any interpretation, opinion, certification, decision, or pol8 icy, any standard for initial bargaining unit determina9 tions that conflicts with the standard articulated in the 

10 majority opinion in Wheeling Island Gaming Inc. and 

11 United Food and Commercial Workers International 

12 Union, Local 23, 355 NLRB 127 (August 27, 2010) (in13 cluding the majority opinion in footnote 2). 

14 (2) Paragraph (1) shall not apply with respect to unit 

15 determinations that are covered under section 103.30 of 

16 title 29, Code of Federal Regulations. 

17 (b) None of the funds made available by this Act may 

18 be used to implement, create, apply, or enforce through 

19 prosecution, adjudication, rulemaking, or the issuing of 

20 any interpretation, opinion, certification, decision or pol21 icy, any standard for initial bargaining unit determina22 tions that utilize the overwhelming community of interest 

23 test except in accretion cases. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
134 

•HR 3020 RH

1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions 

4 of the Railway Labor Act, including emergency boards ap5 pointed by the President, $13,230,000. 

6 OCCUPATIONAL SAFETY AND HEALTH REVIEW

7 COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Occupational Safety 

10 and Health Review Commission, $12,639,000. 

11 RAILROAD RETIREMENT BOARD

12 DUAL BENEFITS PAYMENTS ACCOUNT

13 For payment to the Dual Benefits Payments Ac14 count, authorized under section 15(d) of the Railroad Re15 tirement Act of 1974, $29,000,000, which shall include 

16 amounts becoming available in fiscal year 2016 pursuant 

17 to section 224(c)(1)(B) of Public Law 98–76; and in addi18 tion, an amount, not to exceed 2 percent of the amount 

19 provided herein, shall be available proportional to the 

20 amount by which the product of recipients and the average 

21 benefit received exceeds the amount available for payment 

22 of vested dual benefits: Provided, That the total amount 

23 provided herein shall be credited in 12 approximately 

24 equal amounts on the first day of each month in the fiscal 

25 year. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
135 

•HR 3020 RH

1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the 

4 Treasury for the payment of benefits under the Railroad 

5 Retirement Act for interest earned on unnegotiated 

6 checks, $150,000, to remain available through September 

7 30, 2017, which shall be the maximum amount available 

8 for payment pursuant to section 417 of Public Law 98– 

9 76. 

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement 

12 Board (‘‘Board’’) for administration of the Railroad Re13 tirement Act and the Railroad Unemployment Insurance 

14 Act, $111,225,000, to be derived in such amounts as de15 termined by the Board from the railroad retirement ac16 counts and from moneys credited to the railroad unem17 ployment insurance administration fund: Provided, That 

18 notwithstanding section 7(b)(9) of the Railroad Retire19 ment Act this limitation may be used to hire attorneys 

20 only through the excepted service: Provided further, That 

21 the previous proviso shall not change the status under 

22 Federal employment laws of any attorney hired by the 

23 Railroad Retirement Board prior to January 1, 2013. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
136 

•HR 3020 RH

1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General for audit, investigatory and review activities, as 

4 authorized by the Inspector General Act of 1978, not more 

5 than $8,437,000, to be derived from the railroad retire6 ment accounts and railroad unemployment insurance ac7 count. 

8 SOCIAL SECURITY ADMINISTRATION

9 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

10 For payment to the Federal Old-Age and Survivors 

11 Insurance Trust Fund and the Federal Disability Insur12 ance Trust Fund, as provided under sections 201(m), 

13 217(g), 228(g), and 1131(b)(2) of the Social Security Act, 

14 $20,400,000. 

15 SUPPLEMENTAL SECURITY INCOME PROGRAM

16 For carrying out titles XI and XVI of the Social Se17 curity Act, section 401 of Public Law 92–603, section 212 

18 of Public Law 93–66, as amended, and section 405 of 

19 Public Law 95–216, including payment to the Social Secu20 rity trust funds for administrative expenses incurred pur21 suant to section 201(g)(1) of the Social Security Act, 

22 $46,232,978,000, to remain available until expended: Pro23 vided, That any portion of the funds provided to a State 

24 in the current fiscal year and not obligated by the State 

25 during that year shall be returned to the Treasury: ProVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
137 

•HR 3020 RH

1 vided further, That not more than $101,000,000 shall be 

2 available for research and demonstrations under sections 

3 1110, 1115, and 1144 of the Social Security Act, and re4 main available through September 30, 2018. 

5 For making, after June 15 of the current fiscal year, 

6 benefit payments to individuals under title XVI of the So7 cial Security Act, for unanticipated costs incurred for the 

8 current fiscal year, such sums as may be necessary. 

9 For making benefit payments under title XVI of the 

10 Social Security Act for the first quarter of fiscal year 

11 2017, $14,500,000,000, to remain available until ex12 pended. 

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 For necessary expenses, including the hire of two pas15 senger motor vehicles, and not to exceed $20,000 for offi16 cial reception and representation expenses, not more than 

17 $10,284,945,000 may be expended, as authorized by sec18 tion 201(g)(1) of the Social Security Act, from any one 

19 or all of the trust funds referred to in such section: Pro20 vided, That not less than $2,300,000 shall be for the So21 cial Security Advisory Board: Provided further, That funds 

22 provided under this paragraph may not be used for the 

23 costs associated with conducting continuing disability re24 views under titles II and XVI of the Social Security Act 

25 or conducting redeterminations of eligibility under title 


asabaliauskas on DSK5VPTVN1PROD with BILLS
138 

•HR 3020 RH

1 XVI of the Social Security Act: Provided further, That un2 obligated balances of funds provided under this paragraph 

3 at the end of fiscal year 2016 not needed for fiscal year 

4 2016 shall remain available until expended to invest in the 

5 Social Security Administration information technology 

6 and telecommunications hardware and software infra7 structure, including related equipment and non-payroll ad8 ministrative expenses associated solely with this informa9 tion technology and telecommunications infrastructure: 

10 Provided further, That the Commissioner of Social Secu11 rity shall notify the Committees on Appropriations of the 

12 House of Representatives and the Senate prior to making 

13 unobligated balances available under the authority in the 

14 previous proviso: Provided further, That reimbursement to 

15 the trust funds under this heading for expenditures for 

16 official time for employees of the Social Security Adminis17 tration pursuant to 5 U.S.C. 7131, and for facilities or 

18 support services for labor organizations pursuant to poli19 cies, regulations, or procedures referred to in section 

20 7135(b) of such title shall be made by the Secretary of 

21 the Treasury, with interest, from amounts in the general 

22 fund not otherwise appropriated, as soon as possible after 

23 such expenditures are made. 

24 In addition, for the costs associated with continuing 

25 disability reviews under titles II and XVI of the Social 


asabaliauskas on DSK5VPTVN1PROD with BILLS
139 

•HR 3020 RH

1 Security Act and for the cost associated with conducting 

2 redeterminations of eligibility under title XVI of the Social 

3 Security Act, $1,396,000,000 may be expended, as au4 thorized by section 201(g)(1) of the Social Security Act, 

5 from any one or all of the trust funds referred to therein: 

6 Provided, That, of such amount, $273,000,000 is provided 

7 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 

8 Balanced Budget and Emergency Deficit Control Act of 

9 1985, as amended, and $1,123,000,000 is additional new 

10 budget authority specified for purposes of section 

11 251(b)(2)(B) of such Act: Provided further, That the Com12 missioner shall provide to the Congress (at the conclusion 

13 of the fiscal year) a report on the obligation and expendi14 ture of these funds, similar to the reports that were re15 quired by section 103(d)(2) of Public Law 104–121 for 

16 fiscal years 1996 through 2002. 

17 In addition, $136,000,000 to be derived from admin18 istration fees in excess of $5.00 per supplementary pay19 ment collected pursuant to section 1616(d) of the Social 

20 Security Act or section 212(b)(3) of Public Law 93–66, 

21 which shall remain available until expended. To the extent 

22 that the amounts collected pursuant to such sections in 

23 fiscal year 2016 exceed $136,000,000, the amounts shall 

24 be available in fiscal year 2017 only to the extent provided 

25 in advance in appropriations Acts. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
140 

•HR 3020 RH

1 In addition, up to $1,000,000 to be derived from fees 

2 collected pursuant to section 303(c) of the Social Security 

3 Protection Act, which shall remain available until ex4 pended. 

5 OFFICE OF INSPECTOR GENERAL

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary for the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, $30,000,000, together with not to 

10 exceed $78,795,000, to be transferred and expended as 

11 authorized by section 201(g)(1) of the Social Security Act 

12 from the Federal Old-Age and Survivors Insurance Trust 

13 Fund and the Federal Disability Insurance Trust Fund. 

14 In addition, an amount not to exceed 3 percent of 

15 the total provided in this appropriation may be transferred 

16 from the ‘‘Limitation on Administrative Expenses’’, Social 

17 Security Administration, to be merged with this account, 

18 to be available for the time and purposes for which this 

19 account is available: Provided, That notice of such trans20 fers shall be transmitted promptly to the Committees on 

21 Appropriations of the House of Representatives and the 

22 Senate at least 15 days in advance of any transfer. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
141 

•HR 3020 RH

1 TITLE V—GENERAL PROVISIONS 

2 (TRANSFER OF FUNDS)

3 SEC. 501. The Secretaries of Labor, Health and 

4 Human Services, and Education are authorized to transfer 

5 unexpended balances of prior appropriations to accounts 

6 corresponding to current appropriations provided in this 

7 Act. Such transferred balances shall be used for the same 

8 purpose, and for the same periods of time, for which they 

9 were originally appropriated. 

10 SEC. 502. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 503. (a) No part of any appropriation contained 

14 in this Act or transferred pursuant to section 4002 of 

15 Public Law 111–148 shall be used, other than for normal 

16 and recognized executive-legislative relationships, for pub17 licity or propaganda purposes, for the preparation, dis18 tribution, or use of any kit, pamphlet, booklet, publication, 

19 electronic communication, radio, television, or video pres20 entation designed to support or defeat the enactment of 

21 legislation before the Congress or any State or local legis22 lature or legislative body, except in presentation to the 

23 Congress or any State or local legislature itself, or de24 signed to support or defeat any proposed or pending regu25 lation, administrative action, or order issued by the execuVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
142 

•HR 3020 RH

1 tive branch of any State or local government, except in 

2 presentation to the executive branch of any State or local 

3 government itself. 

4 (b) No part of any appropriation contained in this 

5 Act or transferred pursuant to section 4002 of Public Law 

6 111–148 shall be used to pay the salary or expenses of 

7 any grant or contract recipient, or agent acting for such 

8 recipient, related to any activity designed to influence the 

9 enactment of legislation, appropriations, regulation, ad10 ministrative action, or Executive order proposed or pend11 ing before the Congress or any State government, State 

12 legislature or local legislature or legislative body, other 

13 than for normal and recognized executive-legislative rela14 tionships or participation by an agency or officer of a 

15 State, local or tribal government in policymaking and ad16 ministrative processes within the executive branch of that 

17 government. 

18 (c) The prohibitions in subsections (a) and (b) shall 

19 include any activity to advocate or promote any proposed, 

20 pending or future Federal, State or local tax increase, or 

21 any proposed, pending, or future requirement or restric22 tion on any legal consumer product, including its sale or 

23 marketing, including but not limited to the advocacy or 

24 promotion of gun control. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
143 

•HR 3020 RH

1 SEC. 504. The Secretaries of Labor and Education 

2 are authorized to make available not to exceed $28,000 

3 and $20,000, respectively, from funds available for sala4 ries and expenses under titles I and III, respectively, for 

5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 

7 authorized to make available for official reception and rep8 resentation expenses not to exceed $5,000 from the funds 

9 available for ‘‘Federal Mediation and Conciliation Service, 

10 Salaries and Expenses’’; and the Chairman of the Na11 tional Mediation Board is authorized to make available for 

12 official reception and representation expenses not to ex13 ceed $5,000 from funds available for ‘‘National Mediation 

14 Board, Salaries and Expenses’’. 

15 SEC. 505. When issuing statements, press releases, 

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or 

18 in part with Federal money, all grantees receiving Federal 

19 funds included in this Act, including but not limited to 

20 State and local governments and recipients of Federal re21 search grants, shall clearly state— 

22 (1) the percentage of the total costs of the pro23 gram or project which will be financed with Federal 

24 money; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
144 

•HR 3020 RH

1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 506. (a) None of the funds appropriated in this 

7 Act, and none of the funds in any trust fund to which 

8 funds are appropriated in this Act, shall be expended for 

9 any abortion. 

10 (b) None of the funds appropriated in this Act, and 

11 none of the funds in any trust fund to which funds are 

12 appropriated in this Act, shall be expended for health ben13 efits coverage that includes coverage of abortion. 

14 (c) The term ‘‘health benefits coverage’’ means the 

15 package of services covered by a managed care provider 

16 or organization pursuant to a contract or other arrange17 ment. 

18 SEC. 507. (a) The limitations established in the pre19 ceding section shall not apply to an abortion— 

20 (1) if the pregnancy is the result of an act of 

21 rape or incest; or 

22 (2) in the case where a woman suffers from a 

23 physical disorder, physical injury, or physical illness, 

24 including a life-endangering physical condition 

25 caused by or arising from the pregnancy itself, that 


asabaliauskas on DSK5VPTVN1PROD with BILLS
145 

•HR 3020 RH

1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
146 

•HR 3020 RH

1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 508. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.204(b) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 509. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished under section 202 of the Controlled Substances Act 

24 except for normal and recognized executive-congressional 

25 communications. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
147 

•HR 3020 RH

1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 510. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act pro9 viding for, or providing for the assignment of, a unique 

10 health identifier for an individual (except in an individ11 ual’s capacity as an employer or a health care provider), 

12 until legislation is enacted specifically approving the 

13 standard. 

14 SEC. 511. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if— 

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in 38 U.S.C. 4212(d) regarding submission of an 

20 annual report to the Secretary of Labor concerning 

21 employment of certain veterans; and 

22 (2) such entity has not submitted a report as 

23 required by that section for the most recent year for 

24 which such requirement was applicable to such enti25 ty. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
148 

•HR 3020 RH

1 SEC. 512. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriation Act. 

6 SEC. 513. None of the funds made available by this 

7 Act to carry out the Library Services and Technology Act 

8 may be made available to any library covered by para9 graph (1) of section 224(f) of such Act, as amended by 

10 the Children’s Internet Protection Act, unless such library 

11 has made the certifications required by paragraph (4) of 

12 such section. 

13 SEC. 514. (a) None of the funds provided under this 

14 Act, or provided under previous appropriations Acts to the 

15 agencies funded by this Act that remain available for obli16 gation or expenditure in fiscal year 2016, or provided from 

17 any accounts in the Treasury of the United States derived 

18 by the collection of fees available to the agencies funded 

19 by this Act, shall be available for obligation or expenditure 

20 through a reprogramming of funds that— 

21 (1) creates new programs; 

22 (2) eliminates a program, project, or activity; 

23 (3) increases funds or personnel by any means 

24 for any project or activity for which funds have been 

25 denied or restricted; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
149 

•HR 3020 RH

1 (4) relocates an office or employees; 

2 (5) reorganizes or renames offices; 

3 (6) reorganizes programs or activities; or 

4 (7) contracts out or privatizes any functions or 

5 activities presently performed by Federal employees; 

6 unless the Committees on Appropriations of the House of 

7 Representatives and the Senate are consulted 15 days in 

8 advance of such reprogramming or of an announcement 

9 of intent relating to such reprogramming, whichever oc10 curs earlier, and are notified in writing 10 days in advance 

11 of such reprogramming. 

12 (b) None of the funds provided under this Act, or 

13 provided under previous appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in fiscal year 2016, or provided from any 

16 accounts in the Treasury of the United States derived by 

17 the collection of fees available to the agencies funded by 

18 this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds in excess of $500,000 

20 or 10 percent, whichever is less, that— 

21 (1) augments existing programs, projects (in22 cluding construction projects), or activities; 

23 (2) reduces by 10 percent funding for any exist24 ing program, project, or activity, or numbers of per25 sonnel by 10 percent as approved by Congress; or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
150 

•HR 3020 RH

1 (3) results from any general savings from a re2 duction in personnel which would result in a change 

3 in existing programs, activities, or projects as ap4 proved by Congress; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are consulted 15 days in 

7 advance of such reprogramming or of an announcement 

8 of intent relating to such reprogramming, whichever oc9 curs earlier, and are notified in writing 10 days in advance 

10 of such reprogramming. 

11 SEC. 515. (a) None of the funds made available in 

12 this Act may be used to request that a candidate for ap13 pointment to a Federal scientific advisory committee dis14 close the political affiliation or voting history of the can15 didate or the position that the candidate holds with re16 spect to political issues not directly related to and nec17 essary for the work of the committee involved. 

18 (b) None of the funds made available in this Act may 

19 be used to disseminate information that is deliberately 

20 false or misleading. 

21 SEC. 516. Within 45 days of enactment of this Act, 

22 each department and related agency funded through this 

23 Act shall submit an operating plan that details at the pro24 gram, project, and activity level any funding allocations 

25 for fiscal year 2016 that are different than those specified 


asabaliauskas on DSK5VPTVN1PROD with BILLS
151 

•HR 3020 RH

1 in this Act, the accompanying detailed table in the com2 mittee report accompanying this Act, or the fiscal year 

3 2016 budget request. 

4 SEC. 517. The Secretaries of Labor, Health and 

5 Human Services, and Education shall each prepare and 

6 submit to the Committees on Appropriations of the House 

7 of Representatives and the Senate a report on the number 

8 and amount of contracts, grants, and cooperative agree9 ments exceeding $500,000 in value and awarded by the 

10 Department on a non-competitive basis during each quar11 ter of fiscal year 2016, but not to include grants awarded 

12 on a formula basis or directed by law. Such report shall 

13 include the name of the contractor or grantee, the amount 

14 of funding, the governmental purpose, including a jus15 tification for issuing the award on a non-competitive basis. 

16 Such report shall be transmitted to the Committees within 

17 30 days after the end of the quarter for which the report 

18 is submitted. 

19 SEC. 518. None of the funds appropriated in this Act 

20 shall be expended or obligated by the Commissioner of So21 cial Security, for purposes of administering Social Security 

22 benefit payments under title II of the Social Security Act, 

23 to process any claim for credit for a quarter of coverage 

24 based on work performed under a social security account 

25 number that is not the claimant’s number and the perVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
152 

•HR 3020 RH

1 formance of such work under such number has formed the 

2 basis for a conviction of the claimant of a violation of sec3 tion 208(a)(6) or (7) of the Social Security Act. 

4 SEC. 519. None of the funds appropriated by this Act 

5 may be used by the Commissioner of Social Security or 

6 the Social Security Administration to pay the compensa7 tion of employees of the Social Security Administration 

8 to administer Social Security benefit payments, under any 

9 agreement between the United States and Mexico estab10 lishing totalization arrangements between the social secu11 rity system established by title II of the Social Security 

12 Act and the social security system of Mexico, which would 

13 not otherwise be payable but for such agreement. 

14 SEC. 520. Notwithstanding any other provision of 

15 this Act, no funds appropriated in this Act shall be used 

16 to purchase sterile needles or syringes for the hypodermic 

17 injection of any illegal drug: Provided, That such limita18 tion does not apply to the use of funds for elements of 

19 a program other than making such purchases if the rel20 evant State or local health department, in consultation 

21 with the Centers for Disease Control and Prevention, de22 termines that the State or local jurisdiction, as applicable, 

23 is experiencing, or is at risk for, a significant increase in 

24 hepatitis infections or an HIV outbreak due to injection 


asabaliauskas on DSK5VPTVN1PROD with BILLS
153 

•HR 3020 RH

1 drug use, and such program is operating in accordance 

2 with State and local law. 

3 (RESCISSION)

4 SEC. 521. Of the funds made available for fiscal year 

5 2016 [for the Independent Payment Advisory Board] 

6 under section 3403 of Public Law 111–148, $15,000,000 

7 are rescinded. 

8 SEC. 522. Not later than 30 days after the end of 

9 each calendar quarter, beginning with the first quarter of 

10 fiscal year 2013, the Departments of Labor, Health and 

11 Human Services and Education and the Social Security 

12 Administration shall provide the Committees on Appro13 priations of the House of Representatives and Senate a 

14 quarterly report on the status of balances of appropria15 tions: Provided, That for balances that are unobligated 

16 and uncommitted, committed, and obligated but unex17 pended, the quarterly reports shall separately identify the 

18 amounts attributable to each source year of appropriation 

19 (beginning with fiscal year 2012, or, to the extent feasible, 

20 earlier fiscal years) from which balances were derived. 

21 SEC. 523. (a) None of the funds made available in 

22 this Act may be used to maintain or establish a computer 

23 network unless such network blocks the viewing, 

24 downloading, and exchanging of pornography. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
154 

•HR 3020 RH

1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 524. None of the funds made available in this 

6 Act may be used to implement, administer, enforce, or fur7 ther any provision of Public Law 111–148 or title I or 

8 subtitle B of title II of Public Law 111–152 and the 

9 amendment made by such provision: Provided, That funds 

10 in this Act may be used to implement, administer, enforce, 

11 or further the rate setting process for calendar year 2016 

12 and fiscal year 2017 for Medicare under title XVIII of 

13 the Social Security Act: Provided further, That funds in 

14 this Act may be used to implement, administer, enforce, 

15 or further the final rules for the provisions of (and amend16 ments made by) sections 2501(c), 2501(d), and 2503 of 

17 Public Law 111–148, as amended by sections 1206(a) and 

18 1101(c) of Public Law 111–152, insofar as each respective 

19 rule relates to calendar year 2016. 

20 (RESCISSION)

21 SEC. 525. Of the funds made available [for the Con22 sumer Operated and Oriented Plan] under section 1322 

23 of Public Law 111–148, $18,000,000 is rescinded. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
155 

•HR 3020 RH

1 (RESCISSION)

2 SEC. 526. Any funds appropriated to the Health In3 surance Reform Implementation Fund under section 1005 

4 of Public Law 111–152 that, as of the date of the enact5 ment of this Act, are unobligated are hereby rescinded. 

6 (RESCISSION)

7 SEC. 527. Of the funds made available [for the Cen8 ter for Medicare & Medicaid Innovation] under section 

9 3021(a) of Public Law 111–148, $6,800,000,000 is re10 scinded. 

11 (RESCISSION)

12 SEC. 528. Of the funds made available for fiscal year 

13 2016 [for the Patient-Centered Outcomes Research Trust 

14 Fund] under section 6301(e) of Public Law 111–148, 

15 $100,000,000 is rescinded. 

16 SEC. 529. None of the funds made available under 

17 this or any other Act, or any prior Appropriations Act, 

18 may be provided to the Association of Community Organi19 zations for Reform Now (ACORN), or any of its affiliates, 

20 subsidiaries, allied organizations, or successors. 

21 SEC. 530. (a) SHORT TITLE.—This section may be 

22 cited as the ‘‘Health Care Conscience Rights Act’’. 

23 (b) FINDINGS.—Congress finds the following: 

24 (1) As Thomas Jefferson declared to New Lon25 don Methodists in 1809, ‘‘[n]o provision in our ConVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
156 

•HR 3020 RH

1 stitution ought to be dearer to man than that which 

2 protects the rights of conscience against the enter3 prises of the civil authority’’. 

4 (2) Jefferson’s conviction on respect for con5 science is deeply embedded in the history and tradi6 tions of our Nation, and codified in numerous Fed7 eral laws approved by congressional majorities and 

8 Presidents of both parties, including in the Public 

9 Health Service Act; the United States Leadership 

10 Against HIV/AIDS, Tuberculosis, and Malaria Act; 

11 the Religious Freedom Restoration Act; long12 standing provisions on respect for conscience rights 

13 in the Federal Employees Health Benefits Program 

14 and District of Columbia appropriations; and laws to 

15 protect individuals from being forced to participate 

16 in Federal executions or prosecutions. 

17 (3) Following enactment of the Patient Protec18 tion and Affordable Care Act (Public Law 111–148, 

19 in this section referred to as ‘‘PPACA’’), the Fed20 eral Government has sought to impose specific re21 quirements that infringe on the rights of conscience 

22 of those who offer or purchase health coverage. 

23 (4) While PPACA provides an exemption for 

24 some religious groups that object to participation in 

25 health insurance generally, and exempts millions of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
157 

•HR 3020 RH

1 Americans from most of the Act’s provisions, includ2 ing the preventive services mandate, it fails to pro3 vide statutory protection for those seeking to offer 

4 and purchase health coverage who have a religious 

5 or moral objection only to specific items or services. 

6 (5) Nurses and other health care providers have 

7 increasingly been subjected to discrimination for 

8 abiding by their conscience rather than providing, 

9 paying for, or referring for abortion. 

10 (6) Conscience rights protections for health care 

11 providers are an important part of civil rights pro12 tections in Federal law and are indispensable to the 

13 continued viability of the health care system in the 

14 United States. The increasingly significant discrimi15 nation suffered by faith-based nonprofit health care 

16 providers risks undermining access to high-quality 

17 compassionate care for some of the most vulnerable 

18 populations in our country. 

19 (c) APPLYING LONGSTANDING POLICY ON CON20 SCIENCE RIGHTS TO THE AFFORDABLE CARE ACT.— 

21 (1) IN GENERAL.—Title I of the Patient Pro22 tection and Affordable Care Act (Public Law 111– 

23 148) is amended— 

24 (A) by redesignating the second section 

25 1563 (relating to conforming amendments and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
158 

•HR 3020 RH

1 as redesignated by section 10107(b)(1) of the 

2 Patient Protection and Affordable Care Act) as 

3 section 1564; 

4 (B) by redesignating the third section 

5 1563 (relating to the Sense of the Senate pro6 moting fiscal responsibility) as section 1565; 

7 and 

8 (C) by adding at the end the following new 

9 section: 

10 ‘‘SEC. 1566. RESPECTING CONSCIENCE RIGHTS IN HEALTH 

11 CARE COVERAGE. 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of this title, no provision of this title (and no amend14 ment made by any such provision) shall— 

15 ‘‘(1) require an individual to purchase indi16 vidual health insurance coverage that includes cov17 erage of an abortion or other item or service to 

18 which such individual has a moral or religious objec19 tion, or prevent an issuer from offering or issuing, 

20 to such individual, individual health insurance cov21 erage that excludes such item or service; 

22 ‘‘(2) require a sponsor (or, in the case of health 

23 insurance coverage offered to students through an 

24 institution of higher education, the institution of 

25 higher education offering such coverage) to sponsor, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
159 

•HR 3020 RH

1 purchase, or provide any health benefits coverage or 

2 group health plan that includes coverage of an abor3 tion or other item or service to which such sponsor 

4 or institution, respectively, has a moral or religious 

5 objection, or prevent an issuer from offering or 

6 issuing to such sponsor or institution, respectively, 

7 health insurance coverage that excludes such item or 

8 service; 

9 ‘‘(3) require an issuer of health insurance cov10 erage or the sponsor of a group health plan to in11 clude, in any such coverage or plan, coverage of an 

12 abortion or other item or service to which such 

13 issuer or sponsor has a moral or religious objection; 

14 or 

15 ‘‘(4) authorize the imposition of a tax, penalty, 

16 fee, fine, or other sanction, or the imposition of cov17 erage of the item or service to which there is a moral 

18 or religious objection, in relation to health insurance 

19 coverage or a group health plan that excludes an 

20 item or service pursuant to this section. 

21 ‘‘(b) RESTRICTION ON CONTRARY GOVERNMENTAL

22 ACTION.—No provision in this title (or amendment made 

23 by such provision) or law, regulation, guideline or other 

24 governmental action that implements such provision or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
160 

•HR 3020 RH

1 amendment, or derives its authority therefrom, shall be 

2 given legal effect to the extent that it violates this section. 

3 ‘‘(c) NO EFFECT ON OTHER LAWS.—Nothing in this 

4 section shall be construed to preempt, modify, or otherwise 

5 have any effect on— 

6 ‘‘(1) the Civil Rights Act of 1964; 

7 ‘‘(2) the Americans with Disabilities Act of 

8 1990; 

9 ‘‘(3) the Pregnancy Discrimination Act of 1978; 

10 ‘‘(4) the Mental Health Parity Act of 1996; or 

11 ‘‘(5) any other State or Federal law, other than 

12 a provision in this title (or an amendment made by 

13 such provision) or a law, regulation, guideline or 

14 other governmental action that implements such pro15 vision or amendment or derives its authority there16 from. 

17 ‘‘(d) AGGREGATE ACTUARIAL VALUE.—Nothing in 

18 this section shall be construed to prohibit the Secretary 

19 from issuing regulations or other guidance to ensure that 

20 health insurance coverage or group health plans excluding 

21 abortion or other items or services under this section shall 

22 have an aggregate actuarial value at least equivalent to 

23 that of health insurance coverage or group health plans 

24 at the same level of coverage that do not exclude such 

25 items or services. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
161 

•HR 3020 RH

1 ‘‘(e) CONTINUED APPLICATION OF NONDISCRIMINA2 TION RULES.—Nothing in this section shall be construed 

3 to permit a health insurance issuer, group health plan, or 

4 other health care provider to act in a manner inconsistent 

5 with subparagraph (B) or (D) of section 1302(b)(4).’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents of the Patient Protection and Affordable Care 

8 Act (Public Law 111–148) is amended— 

9 (A) by striking the following items: 

‘‘1563. Conforming amendments. 

‘‘1563. Sense of the Senate promoting fiscal responsibility.’’; 

10 and 

11 (B) by inserting after the item relating to 

12 the section 1563 relating to small business pro13 curement the following items: 

‘‘1564. Conforming amendments. 

‘‘1565. Sense of the Senate promoting fiscal responsibility. 

‘‘1566. Respecting conscience rights in health coverage.’’. 

14 (d) ABORTION NONDISCRIMINATION FOR HEALTH

15 CARE PROVIDERS.—Section 245 of the Public Health 

16 Service Act (42 U.S.C. 238n) is amended— 

17 (1) in the section heading, by striking ‘‘AND

18 LICENSING OF PHYSICIANS’’ and inserting ‘‘, LI19 CENSING, AND PRACTICE OF PHYSICIANS AND

20 OTHER HEALTH CARE ENTITIES’’; 

21 (2) in subsection (a), by amending paragraph 

22 (1) to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
162 

•HR 3020 RH

1 ‘‘(1) the entity refuses— 

2 ‘‘(A) to undergo training in the perform3 ance of induced abortions; 

4 ‘‘(B) to require or provide such training; 

5 ‘‘(C) to perform, participate in, provide 

6 coverage of, or pay for induced abortions; or 

7 ‘‘(D) to provide referrals for such training 

8 or such abortions;’’; 

9 (3) in subsection (b)(1), by striking ‘‘stand10 ards’’ and inserting ‘‘standard’’; 

11 (4) in subsection (c), by amending paragraphs 

12 (1) and (2) to read as follows: 

13 ‘‘(1) The term ‘financial assistance’, with re14 spect to a government program, means governmental 

15 payments to cover the cost of health care services or 

16 benefits, or other Federal payments, grants, or loans 

17 to promote or otherwise facilitate health-related ac18 tivities. 

19 ‘‘(2) The term ‘health care entity’ includes an 

20 individual physician or other health professional, a 

21 postgraduate physician training program, a partici22 pant in a program of training in the health profes23 sions, a hospital, a provider-sponsored organization 

24 as defined in section 1855(d) of the Social Security 

25 Act, a health maintenance organization, an accountVerDate Sep 11 2014 21:45 Jul 10, 2015 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H3020.RH H3020

asabaliauskas on DSK5VPTVN1PROD with BILLS
163 

•HR 3020 RH

1 able care organization, an issuer of health insurance 

2 coverage, any other kind of health care facility, orga3 nization, or plan, and an entity that provides or au4 thorizes referrals for health care services.’’; 

5 (5) by adding at the end of subsection (c) the 

6 following new paragraph: 

7 ‘‘(4) The term ‘State or local government that 

8 receives Federal financial assistance’ includes any 

9 agency or other governmental unit of a State or 

10 local government if such government receives Fed11 eral financial assistance.’’; 

12 (6) by redesignating subsection (c) as sub13 section (d); and 

14 (7) by inserting after subsection (b) the fol15 lowing new subsection: 

16 ‘‘(c) ADMINISTRATION.—The Secretary shall des17 ignate the Director of the Office for Civil Rights of the 

18 Department of Health and Human Services— 

19 ‘‘(1) to receive complaints alleging a violation of 

20 this section, section 1566 of the Patient Protection 

21 and Affordable Care Act, or any of subsections (b) 

22 through (e) of section 401 of the Health Programs 

23 Extension Act of 1973; and 

24 ‘‘(2) to pursue the investigation of such com25 plaints, in coordination with the Attorney General.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
164 

•HR 3020 RH

1 (e) REMEDIES FOR VIOLATIONS OF FEDERAL CON2 SCIENCE LAWS.—Title II of the Public Health Service Act 

3 (42 U.S.C. 202 et seq.) is amended by inserting after sec4 tion 245 the following: 

5 ‘‘SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS. 

6 ‘‘(a) IN GENERAL.—A qualified party may, in a civil 

7 action, obtain appropriate relief with regard to a des8 ignated violation. 

9 ‘‘(b) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘qualified party’ means— 

11 ‘‘(A) the Attorney General; or 

12 ‘‘(B) any person or entity adversely af13 fected by the designated violation; and 

14 ‘‘(2) the term ‘designated violation’ means an 

15 actual or threatened violation of section 245 of this 

16 Act, section 1566 of the Patient Protection and Af17 fordable Care Act, or any of subsections (b) through 

18 (e) of section 401 of the Health Programs Extension 

19 Act of 1973. 

20 ‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.— 

21 An action under this section may be commenced, and relief 

22 may be granted, without regard to whether the party com23 mencing the action has sought or exhausted available ad24 ministrative remedies. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
165 

•HR 3020 RH

1 ‘‘(d) DEFENDANTS IN ACTIONS UNDER THIS SEC2 TION MAY INCLUDE GOVERNMENTAL ENTITIES AS WELL

3 AS OTHERS.— 

4 ‘‘(1) IN GENERAL.—An action under this sec5 tion may be maintained against, among others, a 

6 party that is a Federal or State governmental entity. 

7 Relief in an action under this section may include 

8 money damages even if the defendant is such a gov9 ernmental entity. 

10 ‘‘(2) DEFINITION.—For the purposes of this 

11 subsection, the term ‘State governmental entity’ 

12 means a State, a local government within a State, 

13 or any agency or other governmental unit or author14 ity of a State or of such a local government. 

15 ‘‘(e) NATURE OF RELIEF.—The court shall grant— 

16 ‘‘(1) all necessary equitable and legal relief, in17 cluding, where appropriate, declaratory relief and 

18 compensatory damages, to prevent the occurrence, 

19 continuance, or repetition of the designated violation 

20 and to compensate for losses resulting from the des21 ignated violation; and 

22 ‘‘(2) to a prevailing plaintiff, reasonable attor23 neys’ fees and litigation expenses as part of the 

24 costs.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
166 

•HR 3020 RH

1 SPENDING REDUCTION ACCOUNT

2 SEC. 531. The amount by which the applicable alloca3 tion of new budget authority made by the Committee on 

4 Appropriations of the House of Representatives under sec5 tion 302(b) of the Congressional Budget Act of 1974 ex6 ceeds the amount of proposed new budget authority is $0. 

7 This Act may be cited as the ‘‘Departments of Labor, 

8 Health and Human Services, and Education, and Related 

9 Agencies Appropriations Act, 2016’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS

asabaliauskas on DSK5VPTVN1PROD with BILLS
Union Calendar No. 145 

114TH CONGRESS 

1ST SESSION H. R. 3020 

[Report No. 114–195] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2016, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJULY 10, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


asabaliauskas on DSK5VPTVN1PROD with BILLS