II 

Calendar No. 137 

114TH CONGRESS 

1ST SESSION S. 1695 

[Report No. 114–74] 

Making appropriations for the Departments of Labor, Health and Human 

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

September 30, 2016, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Mr. BLUNT, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Labor, Health 

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

for other purposes. 

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 
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1 Education, and related agencies for the fiscal year ending 

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

3 TITLE I 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Workforce Innovation 

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

10 and the Second Chance Act of 2007, $2,936,244,000, plus 

11 reimbursements, shall be available. Of the amounts pro12 vided: 

13 (1) for grants to States for adult employment 

14 and training activities, youth activities, and dis15 located worker employment and training activities, 

16 $2,492,000,000 as follows: 

17 (A) $737,000,000 for adult employment 

18 and training activities, of which $25,000,000 

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

20 through June 30, 2017, and of which 

21 $712,000,000 shall be available for the period 

22 October 1, 2016, through June 30, 2017; 

23 (B) $790,000,000 for youth activities, 

24 which shall be available for the period April 1, 

25 2016, through June 30, 2017; and 
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1 (C) $965,000,000 for dislocated worker 

2 employment and training activities, of which 

3 $105,000,000 shall be available for the period 

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

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

6 period October 1, 2016, through June 30, 

7 2017: 

8 Provided, That pursuant to section 128(a)(1) of the 

9 WIOA, the amount available to the Governor for statewide 

10 workforce investment activities shall not exceed 15 percent 

11 of the amount allotted to the State from each of the appro12 priations under the preceding subparagraphs; and 

13 (2) for national programs, $444,244,000 as fol14 lows: 

15 (A) $200,000,000 for the dislocated work16 ers assistance national reserve, which shall be 

17 available for the period October 1, 2016 

18 through September 30, 2017: Provided, That 

19 funds provided to carry out section 

20 132(a)(2)(A) of the WIOA may be used to pro21 vide assistance to a State for statewide or local 

22 use in order to address cases where there have 

23 been worker dislocations across multiple sectors 

24 or across multiple local areas and such workers 

25 remain dislocated; coordinate the State work-
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1 force development plan with emerging economic 

2 development needs; and train such eligible dis3 located workers: Provided further, That funds 

4 provided to carry out sections 168(b) and 

5 169(c) of the WIOA may be used for technical 

6 assistance and demonstration projects, respec7 tively, that provide assistance to new entrants 

8 in the workforce and incumbent workers: Pro9 vided further, That notwithstanding section 

10 168(b) of the WIOA, of the funds provided 

11 under this subparagraph, the Secretary of 

12 Labor (referred to in this title as ‘‘Secretary’’) 

13 may reserve not more than 10 percent of such 

14 funds to provide technical assistance and carry 

15 out additional activities related to the transition 

16 to the WIOA: Provided further, That, of the 

17 funds provided under this subparagraph, 

18 $19,000,000 shall be made available for appli19 cations submitted in accordance with section 

20 170 of the WIOA for training and employment 

21 assistance for workers dislocated from coal 

22 mines and coal-fired power plants; 

23 (B) $40,500,000 for Native American pro24 grams under section 166 of the WIOA, which 
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1 shall be available for the period July 1, 2016, 

2 through June 30, 2017; 

3 (C) $23,750,000, which shall be available 

4 for the period October 1, 2015, through Sep5 tember 30, 2016, for necessary expenses for the 

6 Office of Disability Employment Policy to de7 velop policy and initiatives furthering the objec8 tive of eliminating barriers to the training and 

9 employment of people with disabilities, includ10 ing funds for competitive grants: Provided, 

11 That, not later than 180 days after the date of 

12 enactment of this Act, the Office of Disability 

13 Employment Policy in the Department of Labor 

14 shall be placed in the Employment and Train15 ing Administration, and the functions and du16 ties previously assigned to the Assistant Sec17 retary for Disability Employment Policy shall 

18 hereafter be assigned to the Assistant Secretary 

19 for Employment and Training. 

20 (D) $73,000,000 for migrant and seasonal 

21 farmworker programs under section 167 of the 

22 WIOA, including $67,306,000 for formula 

23 grants (of which not less than 70 percent shall 

24 be for employment and training services), 

25 $5,200,000 for migrant and seasonal housing 
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1 (of which not less than 70 percent shall be for 

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

3 discretionary purposes, which shall be available 

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

5 2017: Provided, That notwithstanding any 

6 other provision of law or related regulation, the 

7 Department of Labor shall take no action lim8 iting the number or proportion of eligible par9 ticipants receiving related assistance services or 

10 discouraging grantees from providing such serv11 ices; 

12 (E) $79,689,000 for YouthBuild activities 

13 as described in section 171 of the WIOA, which 

14 shall be available for the period April 1, 2016, 

15 through June 30, 2017; 

16 (F) $1,000,000 for technical assistance ac17 tivities under section 168 of the WIOA, which 

18 shall be available for the period July 1, 2016 

19 through June 30, 2017; 

20 (G) $22,305,000 for ex-offender activities, 

21 under the authority of section 169 of the WIOA 

22 and section 212 of the Second Chance Act of 

23 2007, which shall be available for the period 

24 April 1, 2016, through June 30, 2017: Pro25 vided, That such funds shall be for competitive 
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1 grants to national and regional intermediaries 

2 for activities that prepare adult and young ex3 offenders and school dropouts for employment, 

4 with a priority for projects serving high crime, 

5 high-poverty areas and communities that have 

6 recently experienced significant unrest; 

7 (H) $4,000,000 for the Workforce Data 

8 Quality Initiative, under the authority of section 

9 169 of the WIOA, which shall be available for 

10 the period July 1, 2016 through June 30, 

11 2017. 

12 JOB CORPS

13 (INCLUDING TRANSFER OF FUNDS)

14 To carry out subtitle C of title I of the WIOA, includ15 ing Federal administrative expenses, the purchase and 

16 hire of passenger motor vehicles, the construction, alter17 ation, and repairs of buildings and other facilities, and the 

18 purchase of real property for training centers as author19 ized by the WIOA, $1,683,155,000, plus reimbursements, 

20 as follows: 

21 (1) $1,578,008,000 for Job Corps Operations, 

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

23 through June 30, 2017; 

24 (2) $74,000,000 for construction, rehabilitation 

25 and acquisition of Job Corps Centers, which shall be 
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1 available for the period July 1, 2016, through June 

2 30, 2019, and which may include the acquisition, 

3 maintenance, and repair of major items of equip4 ment: Provided, That the Secretary may transfer up 

5 to 15 percent of such funds to meet the operational 

6 needs of such centers or to achieve administrative ef7 ficiencies: Provided further, That any funds trans8 ferred pursuant to the preceding proviso shall not be 

9 available for obligation after June 30, 2017: Pro10 vided further, That the Committees on Appropria11 tions of the House of Representatives and the Sen12 ate are notified at least 15 days in advance of any 

13 transfer; and 

14 (3) $31,147,000 for necessary expenses of Job 

15 Corps, which shall be available for obligation for the 

16 period October 1, 2015 through September 30, 

17 2016: 

18 Provided, That no funds from any other appropriation 

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

20 centers. 

21 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

22 AMERICANS

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

24 1965 (referred to in this Act as ‘‘OAA’’), $400,000,000, 

25 which shall be available for the period July 1, 2016 
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1 through June 30, 2017, and may be recaptured and reobli2 gated in accordance with section 517(c) of the OAA. 

3 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

4 For payments during fiscal year 2016 of trade ad5 justment benefit payments and allowances under part I 

6 of subchapter B of chapter 2 of title II of the Trade Act 

7 of 1974, and section 246 of that Act; and for training, 

8 employment and case management services, allowances for 

9 job search and relocation, and related State administrative 

10 expenses under part II of subchapter B of chapter 2 of 

11 title II of the Trade Act of 1974, and including benefit 

12 payments, allowances, training, employment and case 

13 management services, and related State administration 

14 provided pursuant to section 231(a) and section 233(b) 

15 of the Trade Adjustment Assistance Extension Act of 

16 2011, $664,200,000, together with such amounts as may 

17 be necessary to be charged to the subsequent appropria18 tion for payments for any period subsequent to September 

19 15, 2016. 

20 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

21 SERVICE OPERATIONS

22 For authorized administrative expenses, 

23 $86,428,000, together with not to exceed $3,413,133,000 

24 which may be expended from the Employment Security 
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1 Administration Account in the Unemployment Trust Fund 

2 (‘‘the Trust Fund’’), of which: 

3 (1) $2,705,550,000 from the Trust Fund is for 

4 grants to States for the administration of State un5 employment insurance laws as authorized under title 

6 III of the Social Security Act (including not less 

7 than $80,000,000 to conduct in-person reemploy8 ment and eligibility assessments and unemployment 

9 insurance improper payment reviews, and to provide 

10 reemployment services and referrals to training as 

11 appropriate, and $3,000,000 for continued support 

12 of the Unemployment Insurance Integrity Center of 

13 Excellence), the administration of unemployment in14 surance for Federal employees and for ex-service 

15 members as authorized under 5 U.S.C. 8501–8523, 

16 and the administration of trade readjustment allow17 ances, reemployment trade adjustment assistance, 

18 and alternative trade adjustment assistance under 

19 the Trade Act of 1974 and under sections 231(a) 

20 and 233(b) of the Trade Adjustment Assistance Ex21 tension Act of 2011, and shall be available for obli22 gation by the States through December 31, 2016, 

23 except that funds used for automation acquisitions 

24 shall be available for Federal obligation through De25 cember 31, 2016, and for State obligation through 
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1 September 30, 2018, or, if the automation acquisi2 tion is being carried out through consortia of States, 

3 for State obligation through September 30, 2021, 

4 and for expenditure through September 30, 2022, 

5 and funds for competitive grants awarded to States 

6 for improved operations and to conduct in-person as7 sessments and reviews and provide reemployment 

8 services and referrals shall be available for Federal 

9 obligation through December 31, 2016, and for obli10 gation by the States through September 30, 2018, 

11 and funds used for unemployment insurance work12 loads experienced by the States through September 

13 30, 2016, shall be available for Federal obligation 

14 through December 31, 2016; 

15 (2) $12,892,000 from the Trust Fund is for na16 tional activities necessary to support the administra17 tion of the Federal-State unemployment insurance 

18 system; 

19 (3) $614,000,000 from the Trust Fund, to20 gether with $20,775,000 from the General Fund of 

21 the Treasury, is for grants to States in accordance 

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

23 be available for Federal obligation for the period 

24 July 1, 2016 through June 30, 2017; 
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1 (4) $19,000,000 from the Trust Fund is for na2 tional activities of the Employment Service, includ3 ing administration of the work opportunity tax cred4 it under section 51 of the Internal Revenue Code of 

5 1986, and the provision of technical assistance and 

6 staff training under the Wagner-Peyser Act; 

7 (5) $61,691,000 from the Trust Fund is for the 

8 administration of foreign labor certifications and re9 lated activities under the Immigration and Nation10 ality Act and related laws, of which $47,691,000 

11 shall be available for the Federal administration of 

12 such activities, and $14,000,000 shall be available 

13 for grants to States for the administration of such 

14 activities; and 

15 (6) $65,653,000 from the General Fund is to 

16 provide workforce information, national electronic 

17 tools, and one-stop system building under the Wag18 ner-Peyser Act, including $7,500,000 for grants re19 lating to occupational licensing, and shall be avail20 able for Federal obligation for the period July 1, 

21 2016 through June 30, 2017: 

22 Provided, That to the extent that the Average Weekly In23 sured Unemployment (‘‘AWIU’’) for fiscal year 2016 is 

24 projected by the Department of Labor to exceed 

25 2,957,000, an additional $28,600,000 from the Trust 
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1 Fund shall be available for obligation for every 100,000 

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

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

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

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

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

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

8 carrying out activities under such title III if the other 

9 States include areas that have suffered a major disaster 

10 declared by the President under the Robert T. Stafford 

11 Disaster Relief and Emergency Assistance Act: Provided 

12 further, That the Secretary may use funds appropriated 

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

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

15 the National Directory of New Hires under section 

16 453(j)(8) of such Act: Provided further, That the Sec17 retary may use funds appropriated for grants to States 

18 under title III of the Social Security Act to make pay19 ments on behalf of States to the entity operating the State 

20 Information Data Exchange System: Provided further, 

21 That funds appropriated in this Act which are used to es22 tablish a national one-stop career center system, or which 

23 are used to support the national activities of the Federal24 State unemployment insurance, employment service, or 

25 immigration programs, may be obligated in contracts, 
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1 grants, or agreements with States and non-State entities: 

2 Provided further, That States awarded competitive grants 

3 for improved operations under title III of the Social Secu4 rity Act, or awarded grants to support the national activi5 ties of the Federal-State unemployment insurance system, 

6 may award subgrants to other States under such grants, 

7 subject to the conditions applicable to the grants: Provided 

8 further, That funds appropriated under this Act for activi9 ties authorized under title III of the Social Security Act 

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

11 integrated Unemployment Insurance and Employment 

12 Service automation efforts, notwithstanding cost allocation 

13 principles prescribed under the Office of Management and 

14 Budget Circular A–87: Provided further, That the Sec15 retary, at the request of a State participating in a consor16 tium with other States, may reallot funds allotted to such 

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

18 States participating in the consortium in order to carry 

19 out activities that benefit the administration of the unem20 ployment compensation law of the State making the re21 quest: Provided further, That the Secretary may collect 

22 fees for the costs associated with additional data collec23 tion, analyses, and reporting services relating to the Na24 tional Agricultural Workers Survey requested by State 

25 and local governments, public and private institutions of 
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1 higher education, and nonprofit organizations and may 

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

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

4 infrastructure, methodology, and data to meet the infor5 mation collection and reporting needs of such entities, 

6 which shall be credited to this appropriation and shall re7 main available until September 30, 2017, for such pur8 poses. 

9 In addition, $20,000,000 from the Employment Se10 curity Administration Account of the Unemployment 

11 Trust Fund shall be available for in-person reemployment 

12 and eligibility assessments and unemployment insurance 

13 improper payment reviews and to provide reemployment 

14 services and referrals to training as appropriate, which 

15 shall be available for Federal obligations through Decem16 ber 31, 2016, and for State obligation through September 

17 30, 2018. 

18 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

19 OTHER FUNDS

20 For repayable advances to the Unemployment Trust 

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

22 Social Security Act, and to the Black Lung Disability 

23 Trust Fund as authorized by section 9501(c)(1) of the In24 ternal Revenue Code of 1986; and for nonrepayable ad25 vances to the revolving fund established by section 901(e) 
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1 of the Social Security Act, to the Unemployment Trust 

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

3 Unemployment Benefits and Allowances’’ account, such 

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

5 obligation through September 30, 2017. 

6 PROGRAM ADMINISTRATION

7 For expenses of administering employment and train8 ing programs, $97,733,000, together with not to exceed 

9 $46,284,000 which may be expended from the Employ10 ment Security Administration Account in the Unemploy11 ment Trust Fund. 

12 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Employee Benefits 

15 Security Administration, $168,930,000. 

16 PENSION BENEFIT GUARANTY CORPORATION

17 PENSION BENEFIT GUARANTY CORPORATION FUND

18 The Pension Benefit Guaranty Corporation (‘‘Cor19 poration’’) is authorized to make such expenditures, in20 cluding financial assistance authorized by subtitle E of 

21 title IV of the Employee Retirement Income Security Act 

22 of 1974, within limits of funds and borrowing authority 

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

24 to make such contracts and commitments without regard 

25 to fiscal year limitations, as provided by 31 U.S.C. 9104, 
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1 as may be necessary in carrying out the program, includ2 ing associated administrative expenses, through Sep3 tember 30, 2016, for the Corporation: Provided, That 

4 none of the funds available to the Corporation for fiscal 

5 year 2016 shall be available for obligations for administra6 tive expenses in excess of $431,799,000: Provided further, 

7 That to the extent that the number of new plan partici8 pants in plans terminated by the Corporation exceeds 

9 100,000 in fiscal year 2016, an amount not to exceed an 

10 additional $9,200,000 shall be available through Sep11 tember 30, 2017, for obligation for administrative ex12 penses for every 20,000 additional terminated partici13 pants: Provided further, That obligations in excess of the 

14 amounts provided in this paragraph may be incurred for 

15 unforeseen and extraordinary pretermination expenses or 

16 extraordinary multiemployer program related expenses 

17 after approval by the Office of Management and Budget 

18 and notification of the Committees on Appropriations of 

19 the House of Representatives and the Senate. 

20 WAGE AND HOUR DIVISION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Wage and Hour Divi23 sion, including reimbursement to State, Federal, and local 

24 agencies and their employees for inspection services ren25 dered, $210,000,000. 
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1 OFFICE OF LABOR-MANAGEMENT STANDARDS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Labor-Man4 agement Standards, $36,000,000. 

5 OFFICE OF FEDERAL CONTRACT COMPLIANCE

6 PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Federal Con9 tract Compliance Programs, $96,000,000. 

10 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

11 SALARIES AND EXPENSES

12 For necessary expenses for the Office of Workers’ 

13 Compensation Programs, $107,500,000, together with 

14 $2,177,000 which may be expended from the Special Fund 

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

16 Longshore and Harbor Workers’ Compensation Act. 

17 SPECIAL BENEFITS

18 (INCLUDING TRANSFER OF FUNDS)

19 For the payment of compensation, benefits, and ex20 penses (except administrative expenses) accruing during 

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

22 81; continuation of benefits as provided for under the 

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

24 Agency Appropriation Act, 1947; the Employees’ Com25 pensation Commission Appropriation Act, 1944; section 
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1 5(f) of the War Claims Act (50 U.S.C. App. 2004); obliga2 tions incurred under the War Hazards Compensation Act 

3 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

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

5 Longshore and Harbor Workers’ Compensation Act, 

6 $210,000,000, together with such amounts as may be nec7 essary to be charged to the subsequent year appropriation 

8 for the payment of compensation and other benefits for 

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

10 for deposit into and to assume the attributes of the Em11 ployees’ Compensation Fund established under 5 U.S.C. 

12 8147(a): Provided, That amounts appropriated may be 

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

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

15 for portions of the salary of a re-employed, disabled bene16 ficiary: Provided further, That balances of reimbursements 

17 unobligated on September 30, 2015, shall remain available 

18 until expended for the payment of compensation, benefits, 

19 and expenses: Provided further, That in addition there 

20 shall be transferred to this appropriation from the Postal 

21 Service and from any other corporation or instrumentality 

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

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

24 the Secretary determines to be the cost of administration 

25 for employees of such fair share entities through Sep-
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1 tember 30, 2016: Provided further, That of those funds 

2 transferred to this account from the fair share entities to 

3 pay the cost of administration of the Federal Employees’ 

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

5 to the Secretary as follows— 

6 (1) for enhancement and maintenance of auto7 mated data processing systems operations and tele8 communications systems, $21,140,000; 

9 (2) for automated workload processing oper10 ations, including document imaging, centralized mail 

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

12 (3) for periodic roll disability management and 

13 medical review, $16,668,000; 

14 (4) for program integrity, $1,394,000; and 

15 (5) the remaining funds shall be paid into the 

16 Treasury as miscellaneous receipts: 

17 Provided further, That the Secretary may require that any 

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

19 under 5 U.S.C. 81, or the Longshore and Harbor Work20 ers’ Compensation Act, provide as part of such notice and 

21 claim, such identifying information (including Social Secu22 rity account number) as such regulations may prescribe. 
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1 SPECIAL BENEFITS FOR DISABLED COAL MINERS

2 For carrying out title IV of the Federal Mine Safety 

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

4 275, $69,302,000, to remain available until expended. 

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

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

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

8 as may be necessary. 

9 For making benefit payments under title IV for the 

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

11 available until expended. 

12 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

13 OCCUPATIONAL ILLNESS COMPENSATION FUND

14 For necessary expenses to administer the Energy 

15 Employees Occupational Illness Compensation Program 

16 Act, $58,552,000, to remain available until expended: Pro17 vided, That the Secretary may require that any person fil18 ing a claim for benefits under the Act provide as part of 

19 such claim such identifying information (including Social 

20 Security account number) as may be prescribed. 

21 BLACK LUNG DISABILITY TRUST FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 Such sums as may be necessary from the Black Lung 

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

25 until expended, for payment of all benefits authorized by 
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1 section 9501(d)(1), (2), (6), and (7) of the Internal Rev2 enue Code of 1986; and repayment of, and payment of 

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

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

5 expended from the Fund for fiscal year 2016 for expenses 

6 of operation and administration of the Black Lung Bene7 fits program, as authorized by section 9501(d)(5): not to 

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

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

10 exceed $30,279,000 for transfer to Departmental Manage11 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 

12 for transfer to Departmental Management, ‘‘Office of In13 spector General’’; and not to exceed $356,000 for pay14 ments into miscellaneous receipts for the expenses of the 

15 Department of the Treasury. 

16 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Occupational Safety 

19 and Health Administration, $524,476,000, including not 

20 to exceed $98,746,000 which shall be the maximum 

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

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

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

24 of State occupational safety and health programs required 

25 to be incurred under plans approved by the Secretary 
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1 under section 18 of the Act; and, in addition, notwith2 standing 31 U.S.C. 3302, the Occupational Safety and 

3 Health Administration may retain up to $499,000 per fis4 cal year of training institute course tuition and fees, other5 wise authorized by law to be collected, and may utilize 

6 such sums for occupational safety and health training and 

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

8 3302, the Secretary is authorized, during the fiscal year 

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

10 services provided to Nationally Recognized Testing Lab11 oratories, and may utilize such sums, in accordance with 

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

13 international laboratory recognition programs that ensure 

14 the safety of equipment and products used by workers in 

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

16 appropriated under this paragraph shall be obligated or 

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

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

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

20 operation which does not maintain a temporary labor 

21 camp and employs 10 or fewer employees: Provided fur22 ther, That no funds appropriated under this paragraph 

23 shall be obligated or expended to administer or enforce 

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

25 respect to any employer of 10 or fewer employees who is 
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1 included within a category having a Days Away, Re2 stricted, or Transferred (‘‘DART’’) occupational injury 

3 and illness rate, at the most precise industrial classifica4 tion code for which such data are published, less than the 

5 national average rate as such rates are most recently pub6 lished by the Secretary, acting through the Bureau of 

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

8 except— 

9 (1) to provide, as authorized by the Act, con10 sultation, technical assistance, educational and train11 ing services, and to conduct surveys and studies; 

12 (2) to conduct an inspection or investigation in 

13 response to an employee complaint, to issue a cita14 tion for violations found during such inspection, and 

15 to assess a penalty for violations which are not cor16 rected within a reasonable abatement period and for 

17 any willful violations found; 

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

19 with respect to imminent dangers; 

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

21 with respect to health hazards; 

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

23 with respect to a report of an employment accident 

24 which is fatal to one or more employees or which re25 sults in hospitalization of two or more employees, 
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1 and to take any action pursuant to such investiga2 tion authorized by the Act; and 

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

4 with respect to complaints of discrimination against 

5 employees for exercising rights under the Act: 

6 Provided further, That the foregoing proviso shall not 

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

8 which does not maintain a temporary labor camp and em9 ploys 10 or fewer employees: Provided further, That 

10 $10,149,000 shall be available for Susan Harwood train11 ing grants: Provided further, That not less than 

12 $3,500,000 shall be available for Voluntary Protection 

13 Programs. 

14 MINE SAFETY AND HEALTH ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Mine Safety and 

17 Health Administration, $356,878,000, including purchase 

18 and bestowal of certificates and trophies in connection 

19 with mine rescue and first-aid work, and the hire of pas20 senger motor vehicles, including up to $2,000,000 for 

21 mine rescue and recovery activities and not less than 

22 $8,229,975 for state assistance grants: Provided, That 

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

24 may be collected by the National Mine Health and Safety 

25 Academy for room, board, tuition, and the sale of training 
26 

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

2 be available for mine safety and health education and 

3 training activities: Provided further, That notwithstanding 

4 31 U.S.C. 3302, the Mine Safety and Health Administra5 tion is authorized to collect and retain up to $2,499,000 

6 from fees collected for the approval and certification of 

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

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

9 That the Secretary is authorized to accept lands, build10 ings, equipment, and other contributions from public and 

11 private sources and to prosecute projects in cooperation 

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

13 further, That the Mine Safety and Health Administration 

14 is authorized to promote health and safety education and 

15 training in the mining community through cooperative 

16 programs with States, industry, and safety associations: 

17 Provided further, That the Secretary is authorized to rec18 ognize the Joseph A. Holmes Safety Association as a prin19 cipal safety association and, notwithstanding any other 

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

21 reimbursement, personnel, including service of Mine Safe22 ty and Health Administration officials as officers in local 

23 chapters or in the national organization: Provided further, 

24 That any funds available to the Department of Labor may 

25 be used, with the approval of the Secretary, to provide 
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1 for the costs of mine rescue and survival operations in the 

2 event of a major disaster. 

3 BUREAU OF LABOR STATISTICS

4 SALARIES AND EXPENSES

5 For necessary expenses for the Bureau of Labor Sta6 tistics, including advances or reimbursements to State, 

7 Federal, and local agencies and their employees for serv8 ices rendered, $515,494,000, together with not to exceed 

9 $63,700,000 which may be expended from the Employ10 ment Security Administration account in the Unemploy11 ment Trust Fund. 

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for Departmental Manage16 ment, including the hire of three passenger motor vehicles, 

17 $258,727,000, together with not to exceed $293,000, 

18 which may be expended from the Employment Security 

19 Administration account in the Unemployment Trust 

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

21 International Labor Affairs may be used to administer or 

22 operate international labor activities, bilateral and multi23 lateral technical assistance, and microfinance programs, 

24 by or through contracts, grants, subgrants and other ar25 rangements: Provided further, That $7,236,000 shall be 
28 

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1 used for program evaluation and shall be available for obli2 gation through September 30, 2017: Provided further, 

3 That funds available for program evaluation may be trans4 ferred to any other appropriate account in the Department 

5 for such purpose: Provided further, That the Committees 

6 on Appropriations of the House of Representatives and the 

7 Senate are notified at least 15 days in advance of any 

8 transfer: Provided further, That the funds available to the 

9 Women’s Bureau may be used for grants to serve and pro10 mote the interests of women in the workforce. 

11 VETERANS EMPLOYMENT AND TRAINING

12 Not to exceed $231,872,000 may be derived from the 

13 Employment Security Administration account in the Un14 employment Trust Fund to carry out the provisions of 

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

16 of which: 

17 (1) $175,000,000 is for Jobs for Veterans State 

18 grants under 38 U.S.C. 4102A(b)(5) to support dis19 abled veterans’ outreach program specialists under 

20 section 4103A of such title and local veterans’ em21 ployment representatives under section 4104(b) of 

22 such title, and for the expenses described in section 

23 4102A(b)(5)(C), which shall be available for obliga24 tion by the States through December 31, 2016, and 

25 not to exceed 3 percent for the necessary Federal ex-
29 

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1 penditures for data systems and contract support to 

2 allow for the tracking of participant and perform3 ance information: Provided, That, in addition, such 

4 funds may be used to support such specialists and 

5 representatives in the provision of services to 

6 transitioning members of the Armed Forces who 

7 have participated in the Transition Assistance Pro8 gram and have been identified as in need of inten9 sive services, to members of the Armed Forces who 

10 are wounded, ill, or injured and receiving treatment 

11 in military treatment facilities or warrior transition 

12 units, and to the spouses or other family caregivers 

13 of such wounded, ill, or injured members; 

14 (2) $14,000,000 is for carrying out the Transi15 tion Assistance Program under 38 U.S.C. 4113 and 

16 10 U.S.C. 1144; 

17 (3) $39,458,000 is for Federal administration 

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

19 Code; and 

20 (4) $3,414,000 is for the National Veterans’ 

21 Employment and Training Services Institute under 

22 38 U.S.C. 4109: 

23 Provided, That the Secretary may reallocate among the 

24 appropriations provided under paragraphs (1) through (4) 
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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, $12,898,000. 

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, $73,721,000, together with not to 

24 exceed $5,590,000 which may be expended from the Em-
31 

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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 II. 

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 
32 

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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. Except as otherwise provided in this sec8 tion, none of the funds made available to the Department 

9 of Labor for grants under section 414(c) of the American 

10 Competitiveness and Workforce Improvement Act of 1998 

11 (29 U.S.C. 2916a) may be used for any purpose other 

12 than competitive grants for training individuals who are 

13 older than 16 years of age and are not currently enrolled 

14 in school within a local educational agency in the occupa15 tions and industries for which employers are using H–1B 

16 visas to hire foreign workers, and the related activities 

17 necessary to support such training: Provided, That 

18 $13,000,000 of such funds shall be used in fiscal year 

19 2016 to process permanent foreign labor certifications 

20 under section 212(a)(5)(A) of the Immigration and Na21 tionality Act (8 U.S.C. 1182(a)(5)(A)): Provided further, 

22 That the funding limitation under this section shall not 

23 apply to funding provided pursuant to solicitations for 

24 grant applications issued before January 15, 2014. 
33 

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

2 Act under the heading ‘‘Employment and Training Ad3 ministration’’ shall be used by a recipient or subrecipient 

4 of such funds to pay the salary and bonuses of an indi5 vidual, either as direct costs or indirect costs, at a rate 

6 in excess of Executive Level II. This limitation shall not 

7 apply to vendors providing goods and services as defined 

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

9 Where States are recipients of such funds, States may es10 tablish a lower limit for salaries and bonuses of those re11 ceiving salaries and bonuses from subrecipients of such 

12 funds, taking into account factors including the relative 

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

14 comparable State or local government employees, and the 

15 size of the organizations that administer Federal pro16 grams involved including Employment and Training Ad17 ministration programs. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 106. Notwithstanding section 102, the Sec20 retary may transfer funds made available to the Employ21 ment and Training Administration by this Act, either di22 rectly or through a set-aside, for technical assistance serv23 ices to grantees to ‘‘Program Administration’’ when it is 

24 determined that those services will be more efficiently per-
34 

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1 formed by Federal employees: Provided, That this section 

2 shall not apply to section 171 of the WIOA. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 than 0.5 percent from each appropriation made available 

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

7 out evaluations of any of the programs or activities that 

8 are funded under such accounts. Any funds reserved under 

9 this section shall be transferred to ‘‘Departmental Man10 agement’’ for use by the Office of the Chief Evaluation 

11 Officer within the Department of Labor, and shall be 

12 available for obligation through September 30, 2017: Pro13 vided, That such funds shall only be available if the Chief 

14 Evaluation Officer of the Department of Labor submits 

15 a plan to the Committees on Appropriations of the House 

16 of Representatives and the Senate describing the evalua17 tions to be carried out 15 days in advance of any transfer. 

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

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

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

21 ‘‘State Unemployment Insurance and Employment Service 

22 Operations’’, ‘‘Employee Benefits Security Administra23 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

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

25 Compliance Programs’’, ‘‘Office of Labor Management 
35 

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1 Standards’’, ‘‘Occupational Safety and Health Adminis2 tration’’, ‘‘Mine Safety and Health Administration’’, fund3 ing made available to the ‘‘Bureau of International Af4 fairs’’ and ‘‘Women’s Bureau’’ within the ‘‘Departmental 

5 Management, Salaries and Expenses’’ account, and ‘‘Vet6 erans Employment and Training’’. 

7 SEC. 108. Section 7 of the Fair Labor Standards Act 

8 of 1938 (29 U.S.C. 207) is amended by adding the fol9 lowing text to such section: 

10 ‘‘(s)(1) The provisions of this section shall not apply 

11 for a period of 2 years after the occurrence of a major 

12 disaster, as defined herein, to any employee— 

13 ‘‘(A) employed to adjust or evaluate claims re14 sulting from or relating to such major disaster, by 

15 an employer not engaged, directly or through an af16 filiate, in underwriting, selling, or marketing prop17 erty, casualty, or liability insurance policies or con18 tracts; 

19 ‘‘(B) who receives on average weekly compensa20 tion of not less than $591.00 per week or any min21 imum weekly amount established by the Secretary, 

22 whichever is greater, over the number of weeks such 

23 employee is engaged in any of the activities de24 scribed in subparagraph (C); and 

25 ‘‘(C) whose duties include any of the following: 
36 

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1 ‘‘(i) interviewing insured individuals, indi2 viduals who suffered injuries or other damages 

3 or losses arising from or relating to a disaster, 

4 witnesses, or physicians; 

5 ‘‘(ii) inspecting property damage or review6 ing factual information to prepare damage esti7 mates; 

8 ‘‘(iii) evaluating and making recommenda9 tions regarding coverage or compensability of 

10 claims or determining liability or value aspects 

11 of claims; 

12 ‘‘(iv) negotiating settlements; or 

13 ‘‘(v) making recommendations regarding 

14 litigation. 

15 ‘‘(2) Notwithstanding any other provision of section 

16 18, in the event of a major disaster, this Act exclusively 

17 shall govern the payment of overtime to all employees de18 scribed in paragraph (1) above, and shall supersede any 

19 other Federal, State, or local law, regulation, or order. 

20 ‘‘(3) The exemption in this subsection shall not affect 

21 the exemption provided by section 13(a)(1). 

22 ‘‘(4) For purposes of this subsection— 

23 ‘‘(A) the term ‘major disaster’ means any dis24 aster or catastrophe declared or designated by any 

25 State or Federal agency or department; 
37 

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1 ‘‘(B) the term ‘employee employed to adjust or 

2 evaluate claims resulting from or relating to such 

3 major disaster’ means an individual who timely se4 cured or secures a license required by applicable law 

5 to engage in and perform any of the activities de6 scribed in clauses (i) through (v) of paragraph 

7 (1)(C) relating to a major disaster, and is employed 

8 by an employer that maintains worker compensation 

9 insurance coverage or protection for its employees, if 

10 required by applicable law, and withholds applicable 

11 Federal, State, and local income and payroll taxes 

12 from the wages, salaries and any benefits of such 

13 employees; and 

14 ‘‘(C) the term ‘affiliate’ means a company that, 

15 by reason of ownership or control of percent or more 

16 of the outstanding shares of any class of voting se17 curities of one or more companies, directly or indi18 rectly, controls, is controlled by, or is under common 

19 control with, another company.’’. 

20 SEC. 109. Notwithstanding any other provision of 

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

22 in consultation with the Secretary of Agriculture may se23 lect an entity to operate a Civilian Conservation Center 

24 on a competitive basis in accordance with section 147 of 

25 the WIOA, if the Secretary of Labor determines such Cen-
38 

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1 ter has had consistently low performance under the per2 formance accountability system in effect for the Job Corps 

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

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

5 such Act beginning July 1, 2016. 

6 SEC. 110. None of the funds made available by this 

7 Act may be used to finalize, implement, administer, or en8 force the proposed Definition of the Term ‘‘Fiduciary’’; 

9 Conflict of Interest Rule—Retirement Investment Advice 

10 regulation published by the Department of Labor in the 

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

12 et seq.). 

13 SEC. 111. The determination of prevailing wage for 

14 the purposes of the H–2B program shall be the greater 

15 of—(1) the actual wage level paid by the employer to other 

16 employees with similar experience and qualifications for 

17 such position in the same location; or (2) the prevailing 

18 wage level for the occupational classification of the posi19 tion in the geographic area in which the H–2B non20 immigrant will be employed, based on the best information 

21 available at the time of filing the petition. In the deter22 mination of prevailing wage for the purposes of the H– 

23 2B program, the Secretary shall accept private wage sur24 veys even in instances where Occupational Employment 

25 Statistics survey data are available unless the Secretary 
39 

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1 determines that the methodology and data in the provided 

2 survey are not statistically supported. 

3 SEC. 112. None of the funds in this Act shall be used 

4 to enforce the definition of corresponding employment 

5 found in 20 CFR 655.5 or the three-fourths guarantee 

6 rule definition found in 20 CFR 655.20, or any references 

7 thereto. Further, for the purpose of regulating admission 

8 of temporary workers under the H–2B program, the defi9 nition of temporary need shall be that provided in 8 CFR 

10 214.2(h)(6)(ii)(B). 

11 SEC. 113. None of the funds in this Act shall be used 

12 to implement 20 CFR 655.70 and 20 CFR 655.71. 

13 SEC. 114. (a) FLEXIBILITY WITH RESPECT TO THE

14 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

15 SEAFOOD INDUSTRY.— 

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

17 a petition for H–2B nonimmigrants filed by an em18 ployer in the seafood industry is granted, the em19 ployer may bring the nonimmigrants described in 

20 the petition into the United States at any time dur21 ing the 120-day period beginning on the start date 

22 for which the employer is seeking the services of the 

23 nonimmigrants without filing another petition. 

24 (2) REQUIREMENTS FOR CROSSINGS AFTER

25 90TH DAY.—An employer in the seafood industry 
40 

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1 may not bring H–2B nonimmigrants into the United 

2 States after the date that is 90 days after the start 

3 date for which the employer is seeking the services 

4 of the nonimmigrants unless the employer— 

5 (A) completes a new assessment of the 

6 local labor market by— 

7 (i) listing job orders in local news8 papers on 2 separate Sundays; and 

9 (ii) posting the job opportunity on the 

10 appropriate Department of Labor Elec11 tronic Job Registry and at the employer’s 

12 place of employment; and 

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

14 qualified United States worker who— 

15 (i) applies for the job; and 

16 (ii) will be available at the time and 

17 place of need. 

18 (3) EXEMPTION FROM RULES WITH RESPECT

19 TO STAGGERING.—The Secretary of Labor shall not 

20 consider an employer in the seafood industry who 

21 brings H–2B nonimmigrants into the United States 

22 during the 120-day period specified in paragraph (1) 

23 to be staggering the date of need in violation of sec24 tion 655.20(d) of title 20, Code of Federal Regula25 tions, or any other applicable provision of law. 
41 

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1 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec2 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad3 mitted to the United States pursuant to section 

4 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

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

6 SEC. 115. (a) Subject to the requirement under sub7 section (b), none of the funds appropriated or otherwise 

8 made available by this Act may be used to promulgate or 

9 implement any rule, standard, or policy amending part 

10 1910, 1915, or 1926 of title 29, Code of Federal Regula11 tions (as in effect on the day before the date of enactment 

12 of this Act), related to occupational exposure to respirable 

13 crystalline silica, including the proposed rulemaking by the 

14 Occupational Safety and Health Administration of the De15 partment of Labor issued on September 12, 2013 (78 Fed. 

16 Reg. 56274), until— 

17 (1) a review is conducted after the date of en18 actment of this Act by a small business advocacy re19 view panel, pursuant to the Small Business Regu20 latory Enforcement Fairness Act of 1996 (5 U.S.C. 

21 601 note), and the panel delivers a report on the re22 view to the Assistant Secretary of Labor for Occupa23 tional Safety and Health; 

24 (2) the Secretary, acting through the Assistant 

25 Secretary of Labor for Occupational Safety and 
42 

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1 Health, commissions an independent study, to be 

2 conducted by the National Academy of Sciences, ex3 amining— 

4 (A) the epidemiological justification of the 

5 Occupational Safety and Health Administration 

6 for proposing to reduce the occupational expo7 sure limits to respirable crystalline silica, estab8 lished by such Administration and in effect on 

9 the day before the date of enactment of this 

10 Act, including consideration of the prevalence 

11 or lack of disease and mortality associated with 

12 such occupational exposure limits; 

13 (B) the ability of sampling methods to col14 lect samples of respirable crystalline silica and 

15 laboratories to measure such samples (in a 

16 manner that meets the criteria for accuracy and 

17 precision contained in the most recent publica18 tion of the NIOSH Manual of Analytical Meth19 ods, published by the National Institute for Oc20 cupational Safety and Health) to determine oc21 cupational exposures to respirable crystalline 

22 silica that are less than or equal to the occupa23 tional exposure limits and action levels for res24 pirable crystalline silica proposed by the Occu25 pational Safety and Health Administration as 
43 

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1 of the day before the date of enactment of this 

2 Act; 

3 (C) the ability of regulated industries to 

4 comply with such occupational exposure limits 

5 or action levels; 

6 (D) the steady decline in silicosis related 

7 mortality rates based on data maintained by the 

8 Centers for Disease Control and Prevention; 

9 (E) the ability of various types of personal 

10 protective equipment to protect employees from 

11 occupational exposure to respirable crystalline 

12 silica; and 

13 (F) the costs of the different types of such 

14 personal protective equipment as compared to 

15 the costs of engineering and work practice con16 trols related to such equipment; and 

17 (3) the Secretary, acting through such Assist18 ant Secretary, submits to the Committee on Appro19 priations, and the Committee on Health, Education, 

20 Labor, and Pensions, of the Senate, a report con21 taining the results of the independent study con22 ducted under paragraph (2). 

23 (b) Notwithstanding the funding limitation under 

24 subsection (a), from the funds appropriated to the Occu25 pational Safety and Health Administration for safety and 
44 

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1 health standards, $800,000 shall be made available to con2 duct the independent study under subsection (a)(2) and 

3 submit the report under subsection (a)(3), which report 

4 shall be submitted by not later than 1 year after the date 

5 of enactment of this Act. 

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

7 Appropriations Act, 2016’’. 
45 

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1 TITLE II 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 HEALTH RESOURCES AND SERVICES ADMINISTRATION

5 PRIMARY HEALTH CARE

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

7 Services Act (referred to in this Act as the ‘‘PHS Act’’) 

8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,630,100,000 (in addition 

10 to the $3,600,000,000 previously appropriated to the 

11 Community Health Center Fund for fiscal year 2016): 

12 Provided, That $1,491,522,000 is appropriated from the 

13 general fund, and $138,478,000, to remain available until 

14 expended, is derived from available unobligated balances 

15 of amounts transferred from the Community Health Cen16 ter Fund in prior fiscal years: Provided further, That no 

17 part of the unobligated balances from amounts appro18 priated in 42 U.S.C. 254b–2(b)(1) for prior fiscal years 

19 shall be available to the Secretary of Health and Human 

20 Services for obligation in fiscal year 2016 except as pro21 vided for in this Act: Provided further, That no more than 

22 $100,000 shall be available until expended for carrying 

23 out the provisions of section 224(o) of the PHS Act: Pro24 vided further, That no more than $99,893,000 shall be 

25 available until expended for carrying out the provisions of 
46 

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1 Public Law 104–73 and for expenses incurred by the De2 partment of Health and Human Services (referred to in 

3 this Act as ‘‘HHS’’) pertaining to administrative claims 

4 made under such law: Provided further, That of funds pro5 vided for the Health Centers program, as defined by sec6 tion 330 of the PHS Act, by this Act or any other Act 

7 for fiscal year 2016, not less than $50,000,000 shall be 

8 obligated in fiscal year 2016 to support new access points, 

9 grants to expand medical services, behavioral health, oral 

10 health, pharmacy, or vision services, and not less than 

11 $40,000,000 shall be obligated in fiscal year 2016 for con12 struction and capital improvement costs: Provided further, 

13 That the time limitation in section 330(e)(3) of the PHS 

14 Act shall not apply in fiscal year 2016. 

15 HEALTH WORKFORCE

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

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

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

19 Improvement Act of 1986, $720,970,000: Provided, That 

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

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

22 756(e) of the PHS Act shall not apply to funds made 

23 available under this heading: Provided further, That for 

24 any program operating under section 751 of the PHS Act 

25 on or before January 1, 2009, the Secretary may hereafter 
47 

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1 waive any of the requirements contained in sections 

2 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full 

3 project period of a grant under such section: Provided fur4 ther, That no funds shall be available for section 340G– 

5 1 of the PHS Act: Provided further, That fees collected 

6 for the disclosure of information under section 427(b) of 

7 the Health Care Quality Improvement Act of 1986 and 

8 sections 1128E(d)(2) and 1921 of the Social Security Act 

9 shall be sufficient to recover the full costs of operating 

10 the programs authorized by such sections and shall remain 

11 available until expended for the National Practitioner 

12 Data Bank: Provided further, That funds transferred to 

13 this account to carry out section 846 and subpart 3 of 

14 part D of title III of the PHS Act may be used to make 

15 prior year adjustments to awards made under such sec16 tions: Provided further, That from amounts made available 

17 under this heading for the Public Health Training Centers 

18 Program, 50 percent of such amounts shall be transferred 

19 and made available for the Preventive Medicine Residency 

20 Program. 

21 MATERNAL AND CHILD HEALTH

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

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

24 V of the Social Security Act, and section 712 of the Amer25 ican Jobs Creation Act of 2004, $828,014,000: Provided, 
48 

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

2 the Social Security Act, not more than $50,000,000 shall 

3 be available for carrying out special projects of regional 

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

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

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

7 501(a)(3) of such Act: Provided further, That notwith8 standing section 502(c) of the Social Security Act, not less 

9 than $555,000,000 shall be available for the State Block 

10 Grant Awards. 

11 RYAN WHITE HIV/AIDS PROGRAM

12 For carrying out title XXVI of the PHS Act with 

13 respect to the Ryan White HIV/AIDS program, 

14 $2,293,781,000, of which $1,970,881,000 shall remain 

15 available to the Secretary through September 30, 2018, 

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

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

18 AIDS Drug Assistance Programs under the authority of 

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

20 HEALTH CARE SYSTEMS

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

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

23 Therapeutic and Research Act of 2005, $103,193,000, of 

24 which $122,000 shall be available until expended for facili25 ties renovations at the Gillis W. Long Hansen’s Disease 
49 

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1 Center: Provided, That the Secretary may collect a fee of 

2 0.1 percent of each purchase of 340B drugs from entities 

3 participating in the Drug Pricing Program pursuant to 

4 section 340B of the PHS Act to pay for the operating 

5 costs of such program: Provided further, That fees pursu6 ant to the 340B Drug Pricing Program shall be collected 

7 by the Secretary based on sales data that shall be sub8 mitted by drug manufacturers and shall be credited to this 

9 account, to remain available until expended. 

10 RURAL HEALTH

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

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

13 Coal Mine Health and Safety Act of 1969, and sections 

14 711 and 1820 of the Social Security Act, $150,571,000, 

15 of which $41,609,000 from general revenues, notwith16 standing section 1820(j) of the Social Security Act, shall 

17 be available for carrying out the Medicare rural hospital 

18 flexibility grants program: Provided, That of the funds 

19 made available under this heading for Medicare rural hos20 pital flexibility grants, $14,942,000 shall be available for 

21 the Small Rural Hospital Improvement Grant Program 

22 for quality improvement and adoption of health informa23 tion technology and up to $1,000,000 shall be to carry 

24 out section 1820(g)(6) of the Social Security Act, with 

25 funds provided for grants under section 1820(g)(6) avail-
50 

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1 able for the purchase and implementation of telehealth 

2 services, including pilots and demonstrations on the use 

3 of electronic health records to coordinate rural veterans 

4 care between rural providers and the Department of Vet5 erans Affairs electronic health record system: Provided 

6 further, That notwithstanding section 338J(k) of the PHS 

7 Act, $9,511,000 shall be available for State Offices of 

8 Rural Health. 

9 FAMILY PLANNING

10 For carrying out the program under title X of the 

11 PHS Act to provide for voluntary family planning 

12 projects, $257,832,000: Provided, That amounts provided 

13 to said projects under such title shall not be expended for 

14 abortions, that all pregnancy counseling shall be nondirec15 tive, and that such amounts shall not be expended for any 

16 activity (including the publication or distribution of lit17 erature) that in any way tends to promote public support 

18 or opposition to any legislative proposal or candidate for 

19 public office. 

20 PROGRAM MANAGEMENT

21 For program support in the Health Resources and 

22 Services Administration, $151,000,000: Provided, That 

23 funds made available under this heading may be used to 

24 supplement program support funding provided under the 

25 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 
51 

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

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

3 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

4 For payments from the Vaccine Injury Compensation 

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

6 may be necessary for claims associated with vaccine-re7 lated injury or death with respect to vaccines administered 

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

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

10 Provided, That for necessary administrative expenses, not 

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

12 Fund to the Secretary. 

13 CENTERS FOR DISEASE CONTROL AND PREVENTION

14 IMMUNIZATION AND RESPIRATORY DISEASES

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

16 section 2821 of the PHS Act, titles II and IV of the Immi17 gration and Nationality Act, and section 501 of the Ref18 ugee Education Assistance Act, with respect to immuniza19 tion and respiratory diseases, $573,105,000. 

20 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

21 DISEASES, AND TUBERCULOSIS PREVENTION

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

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

24 sexually transmitted diseases, and tuberculosis prevention, 

25 $1,090,609,000. 
52 

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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, $388,590,000. 

7 CHRONIC DISEASE PREVENTION AND HEALTH

8 PROMOTION

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

10 XIX of the PHS Act with respect to chronic disease pre11 vention and health promotion, $595,272,000: Provided, 

12 That funds appropriated under this account may be avail13 able for making grants under section 1509 of the PHS 

14 Act for not less than 21 States, tribes, or tribal organiza15 tions: Provided further, That of the funds available under 

16 this heading, $8,500,000 shall be available to continue and 

17 expand community specific extension and outreach pro18 grams to combat obesity in counties with the highest levels 

19 of obesity: Provided further, That the proportional funding 

20 requirements under section 1503(a) of the PHS Act shall 

21 not apply to funds made available under this Act. 
53 

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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, $132,781,000. 

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, $471,061,000. 

10 ENVIRONMENTAL HEALTH

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

12 Act with respect to environmental health, $132,286,000. 

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 $187,947,000: Provided, That of the funds provided under 

17 this heading, $37,500,000 shall be available for an evi18 dence-based opioid drug overdose prevention program. 

19 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

20 HEALTH

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

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

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

24 of the Mine Improvement and New Emergency Response 

25 Act, and sections 20, 21, and 22 of the Occupational Safe-
54 

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1 ty and Health Act, with respect to occupational safety and 

2 health, $305,887,000. 

3 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

4 COMPENSATION PROGRAM

5 For necessary expenses to administer the Energy 

6 Employees Occupational Illness Compensation Program 

7 Act, $55,358,000, to remain available until expended: Pro8 vided, That this amount shall be available consistent with 

9 the provision regarding administrative expenses in section 

10 151(b) of division B, title I of Public Law 106–554. 

11 GLOBAL HEALTH

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

13 Act with respect to global health, $411,758,000, of which 

14 $128,421,000 for international HIV/AIDS shall remain 

15 available through September 30, 2017: Provided, That 

16 funds may be used for purchase and insurance of official 

17 motor vehicles in foreign countries. 

18 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

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

20 Act with respect to public health preparedness and re21 sponse, and for expenses necessary to support activities 

22 related to countering potential biological, nuclear, radio23 logical, and chemical threats to civilian populations, 

24 $1,340,118,000, of which $534,343,000 shall remain 

25 available until expended for the Strategic National Stock-
55 

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1 pile: Provided, That in the event the Director of the CDC 

2 activates the Emergency Operations Center, the Director 

3 of the CDC may detail staff without reimbursement for 

4 up to 120 days to support the work of the CDC Emer5 gency Operations Center, so long as the Director provides 

6 a notice to the Committees on Appropriations of the 

7 House of Representatives and the Senate within 15 days 

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

9 days after use of this authority which includes the number 

10 of staff and funding level broken down by the originating 

11 center and number of days detailed. 

12 BUILDINGS AND FACILITIES

13 For acquisition of real property, equipment, construc14 tion, demolition, and renovation of facilities, $10,000,000, 

15 which shall remain available until September 30, 2020: 

16 Provided, That funds previously set-aside by CDC for re17 pair and upgrade of the Lake Lynn Experimental Mine 

18 and Laboratory shall be used to acquire a replacement 

19 mine safety research facility: Provided further, That funds 

20 made available by prior appropriations Acts for CDC for 

21 construction and renovation of facilities may also be used, 

22 in fiscal year 2016, for the construction of a replacement 

23 freezer building in the Fort Collins, Colorado, area. 
56 

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1 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

2 (INCLUDING TRANSFER OF FUNDS)

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

4 section 2821 of the PHS Act and for cross-cutting activi5 ties and program support for activities funded in other 

6 appropriations included in this Act for the Centers for 

7 Disease Control and Prevention, $107,892,000: Provided, 

8 That paragraphs (1) through (3) of subsection (b) of sec9 tion 2821 of the PHS Act shall not apply to funds appro10 priated under this heading and in all other accounts of 

11 the CDC: Provided further, That funds appropriated under 

12 this heading and in all other accounts of CDC may be 

13 used to support the hire, maintenance, and operation of 

14 aircraft in direct support of activities throughout CDC 

15 and to ensure the agency is prepared to address public 

16 health preparedness emergencies: Provided further, That 

17 employees of CDC or the Public Health Service, both civil18 ian and commissioned officers, detailed to States, munici19 palities, or other organizations under authority of section 

20 214 of the PHS Act, or in overseas assignments, shall be 

21 treated as non-Federal employees for reporting purposes 

22 only and shall not be included within any personnel ceiling 

23 applicable to the Agency, Service, or HHS during the pe24 riod of detail or assignment: Provided further, That CDC 

25 may use up to $10,000 from amounts appropriated to 
57 

•S 1695 PCS

1 CDC in this Act for official reception and representation 

2 expenses when specifically approved by the Director of 

3 CDC: Provided further, That in addition, such sums as 

4 may be derived from authorized user fees, which shall be 

5 credited to the appropriation charged with the cost there6 of: Provided further, That with respect to the previous pro7 viso, authorized user fees from the Vessel Sanitation Pro8 gram and the Respirator Certification Program shall be 

9 available through September 30, 2017: Provided further, 

10 That of the funds made available under this heading and 

11 in all other accounts of CDC, up to $1,000 per eligible 

12 employee of CDC shall be made available until expended 

13 for Individual Learning Accounts. 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL CANCER INSTITUTE

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

17 Act with respect to cancer, $5,204,058,000, of which up 

18 to $16,000,000 may be used for facilities repairs and im19 provements at the National Cancer Institute—Frederick 

20 Federally Funded Research and Development Center in 

21 Frederick, Maryland. 

22 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

24 Act with respect to cardiovascular, lung, and blood dis25 eases, and blood and blood products, $3,135,519,000. 
58 

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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 $415,169,000. 

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, $1,825,162,000. 

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 $1,694,758,000. 

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 $4,710,342,000. 

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 $2,511,431,000, of which $940,000,000 shall be from 

25 funds available under section 241 of the PHS Act: Pro-
59 

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1 vided, That not less than $300,000,000 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 $1,345,355,000. 

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 $709,549,000. 

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 $695,900,000. 

17 NATIONAL INSTITUTE ON AGING

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

19 Act with respect to aging, $1,548,494,000. 

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, $544,274,000. 
60 

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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, $424,860,000. 

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, $147,508,000. 

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 $469,355,000. 

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, $1,069,086,000. 

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, $1,520,260,000. 

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 $526,166,000. 
61 

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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, $344,299,000. 

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 $130,162,000. 

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, $287,379,000. 

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), $70,944,000. 

20 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

21 SCIENCES

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

23 Act with respect to translational sciences, $699,319,000: 

24 Provided, That up to $25,835,000 shall be available to im25 plement section 480 of the PHS Act, relating to the Cures 
62 

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1 Acceleration Network: Provided further, That at least 

2 $499,746,000 is provided to the Clinical and Translational 

3 Sciences Awards program. 

4 NATIONAL LIBRARY OF MEDICINE

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

6 Act with respect to health information communications, 

7 $402,251,000: Provided, That of the amounts available for 

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

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

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

11 enter into personal services contracts for the provision of 

12 services in facilities owned, operated, or constructed under 

13 the jurisdiction of the National Institutes of Health (re14 ferred to in this title as ‘‘NIH’’). 

15 OFFICE OF THE DIRECTOR

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out the responsibilities of the Office of 

18 the Director, NIH, $860,937,000, of which up to 

19 $30,000,000 may be used to carry out section 212 of this 

20 Act: Provided, That funding shall be available for the pur21 chase of not to exceed 29 passenger motor vehicles for re22 placement only: Provided further, That all funds credited 

23 to the NIH Management Fund shall remain available for 

24 one fiscal year after the fiscal year in which they are de25 posited: Provided further, That $165,000,000 shall be for 
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1 longitudinal studies related to environmental influences on 

2 child health and development as a follow-on to the Na3 tional Children’s Study, and may be transferred to and 

4 merged with the accounts for the various Institutes and 

5 Centers to support activities related to this goal: Provided 

6 further, That NIH shall submit a spend plan and research 

7 strategy to the Committees on Appropriations of the 

8 House of Representatives and the Senate not later than 

9 90 days after the date of enactment of this Act: Provided 

10 further, That $544,077,000 shall be available for the Com11 mon Fund established under section 402A(c)(1) of the 

12 PHS Act: Provided further, That of the funds provided, 

13 $10,000 shall be for official reception and representation 

14 expenses when specifically approved by the Director of the 

15 NIH: Provided further, That the Office of AIDS Research 

16 within the Office of the Director of the NIH may spend 

17 up to $8,000,000 to make grants for construction or ren18 ovation of facilities as provided for in section 

19 2354(a)(5)(B) of the PHS Act: Provided further, That 

20 $50,000,000 shall be used to carry out section 404I of 

21 the PHS Act (42 U.S.C. 283k), relating to biomedical and 

22 behavioral research facilities: Of the amount provided to 

23 the NIH, the Director of NIH shall enter into an agree24 ment with the National Academy of Sciences, as part of 

25 the studies conducted under section 489 of the PHSA, to 
64 

•S 1695 PCS

1 conduct a comprehensive study on policies affecting the 

2 next generation of researchers in the United States: Pro3 vided further, That the Director may direct up to 1 per4 cent of the total made available in this or any other Act 

5 to all NIH appropriations to activities that the Director 

6 may so designate: Provided further, That no such appro7 priation shall be decreased by more than 1 percent by any 

8 such transfers and that the Committees on Appropriations 

9 of the House of Representatives and the Senate are noti10 fied at least 15 days in advance of any transfer. 

11 In addition to other funds appropriated for the Com12 mon Fund established under section 402A(c) of the PHS 

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

14 from the 10-year Pediatric Research Initiative Fund de15 scribed in section 9008 of title 26, United States Code, 

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

17 of the PHS Act (relating to pediatric research), as author18 ized in the Gabriella Miller Kids First Research Act. 

19 BUILDINGS AND FACILITIES

20 For the study of, construction or demolition of, ren21 ovation of, and acquisition of equipment for, facilities of 

22 or used by NIH, including the acquisition of real property, 

23 $128,863,000, to remain available through September 30, 

24 2020. 
65 

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1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 MENTAL HEALTH

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

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

6 Advocacy for Individuals with Mental Illness Act, 

7 $1,021,301,000: Provided, That notwithstanding section 

8 520A(f)(2) of the PHS Act, no funds appropriated for car9 rying out section 520A shall be available for carrying out 

10 section 1971 of the PHS Act: Provided further, That in 

11 addition to amounts provided herein, $21,039,000 shall be 

12 available under section 241 of the PHS Act to carry out 

13 subpart I of part B of title XIX of the PHS Act to fund 

14 section 1920(b) technical assistance, national data, data 

15 collection and evaluation activities, and further that the 

16 total available under this Act for section 1920(b) activities 

17 shall not exceed 5 percent of the amounts appropriated 

18 for subpart I of part B of title XIX: Provided further, That 

19 section 520E(b)(2) of the PHS Act shall not apply to 

20 funds appropriated in this Act for fiscal year 2016: Pro21 vided further, That of the amount appropriated under this 

22 heading, $45,887,000 shall be for the National Child 

23 Traumatic Stress Initiative as described in section 582 of 

24 the PHS Act: Provided further, That notwithstanding sec25 tion 565(b)(1) of the PHS Act, technical assistance may 
66 

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1 be provided to a public entity to establish or operate a 

2 system of comprehensive community mental health serv3 ices to children with a serious emotional disturbance, with4 out regard to whether the public entity receives a grant 

5 under section 561(a) of such Act: Provided further, That 

6 States shall expend at least 5 percent of the amount each 

7 receives for carrying out section 1911 of the PHS Act to 

8 support evidence-based programs that address the needs 

9 of individuals with early serious mental illness, including 

10 psychotic disorders, regardless of the age of the individual 

11 at onset: Provided further, That none of the funds pro12 vided for section 1911 of the PHS Act shall be subject 

13 to section 241 of such Act. 

14 SUBSTANCE ABUSE TREATMENT

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

16 Act with respect to substance abuse treatment and section 

17 1922(a) of the PHS Act with respect to substance abuse 

18 prevention, $1,972,916,000: Provided, That in addition to 

19 amounts provided herein, the following amounts shall be 

20 available under section 241 of the PHS Act: (1) 

21 $79,200,000 to carry out subpart II of part B of title XIX 

22 of the PHS Act to fund section 1935(b) technical assist23 ance, national data, data collection and evaluation activi24 ties, and further that the total available under this Act 

25 for section 1935(b) activities shall not exceed 5 percent 
67 

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1 of the amounts appropriated for subpart II of part B of 

2 title XIX; and (2) $2,000,000 to evaluate substance abuse 

3 treatment programs: Provided further, That none of the 

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

5 subject to section 241 of such Act. 

6 SUBSTANCE ABUSE PREVENTION

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

8 with respect to substance abuse prevention, $182,731,000. 

9 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

10 For program support and cross-cutting activities that 

11 supplement activities funded under the headings ‘‘Mental 

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

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

14 of the PHS Act and the Protection and Advocacy for Indi15 viduals with Mental Illness Act in the Substance Abuse 

16 and Mental Health Services Administration, 

17 $137,869,000: Provided, That in addition to amounts pro18 vided herein, $31,428,000 shall be available under section 

19 241 of the PHS Act to supplement funds available to 

20 carry out national surveys on drug abuse and mental 

21 health, to collect and analyze program data, and to con22 duct public awareness and technical assistance activities: 

23 Provided further, That, in addition, fees may be collected 

24 for the costs of publications, data, data tabulations, and 

25 data analysis completed under title V of the PHS Act and 
68 

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1 provided to a public or private entity upon request, which 

2 shall be credited to this appropriation and shall remain 

3 available until expended for such purposes: Provided fur4 ther, That amounts made available in this Act for carrying 

5 out section 501(m) of the PHS Act shall remain available 

6 through September 30, 2017: Provided further, That funds 

7 made available under this heading may be used to supple8 ment program support funding provided under the head9 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 

10 and ‘‘Substance Abuse Prevention’’. 

11 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

12 HEALTHCARE RESEARCH AND QUALITY

13 For carrying out titles III and IX of the PHS Act, 

14 part A of title XI of the Social Security Act, and section 

15 1013 of the Medicare Prescription Drug, Improvement, 

16 and Modernization Act of 2003, $236,001,000: Provided, 

17 That section 947(c) of the PHS Act shall not apply in 

18 fiscal year 2016: Provided further, That in addition, 

19 amounts received from Freedom of Information Act fees, 

20 reimbursable and interagency agreements, and the sale of 

21 data shall be credited to this appropriation and shall re22 main available until September 30, 2017. 
69 

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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 
70 

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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, the Clinical Laboratory 

13 Improvement Amendments of 1988, and other responsibil14 ities of the Centers for Medicare and Medicaid Services, 

15 not to exceed $3,027,590,000, to be transferred from the 

16 Federal Hospital Insurance Trust Fund and the Federal 

17 Supplementary Medical Insurance Trust Fund, as author18 ized by section 201(g) of the Social Security Act; together 

19 with all funds collected in accordance with section 353 of 

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

21 Act, funds retained by the Secretary pursuant to section 

22 302 of the Tax Relief and Health Care Act of 2006; and 

23 such sums as may be collected from authorized user fees 

24 and the sale of data, which shall be credited to this ac25 count and remain available until September 30, 2021: Pro-
71 

•S 1695 PCS

1 vided, That all funds derived in accordance with 31 U.S.C. 

2 9701 from organizations established under title XIII of 

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

4 out the purposes of this appropriation: Provided further, 

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

6 2016 from Medicare Advantage organizations pursuant to 

7 section 1857(e)(2) of the Social Security Act and from eli8 gible organizations with risk-sharing contracts under sec9 tion 1876 of that Act pursuant to section 1876(k)(4)(D) 

10 of that Act. 

11 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

12 In addition to amounts otherwise available for pro13 gram integrity and program management, $706,000,000, 

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

15 transferred from the Federal Hospital Insurance Trust 

16 Fund and the Federal Supplementary Medical Insurance 

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

18 Security Act, of which $474,175,000 shall be for the Medi19 care Integrity Program at the Centers for Medicare and 

20 Medicaid Services, including administrative costs, to con21 duct oversight activities for Medicare Advantage under 

22 Part C and the Medicare Prescription Drug Program 

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

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

25 $77,275,000 shall be for the Department of Health and 
72 

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1 Human Services Office of Inspector General to carry out 

2 fraud and abuse activities authorized by section 

3 1817(k)(3) of such Act, of which $77,275,000 shall be for 

4 the Medicaid and Children’s Health Insurance Program 

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

6 $77,275,000 shall be for the Department of Justice to 

7 carry out fraud and abuse activities authorized by section 

8 1817(k)(3) of such Act: Provided, That the report re9 quired by section 1817(k)(5) of the Social Security Act 

10 for fiscal year 2016 shall include measures of the oper11 ational efficiency and impact on fraud, waste, and abuse 

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

13 funds provided by this appropriation: Provided further, 

14 That of the amount provided under this heading, 

15 $311,000,000 is provided to meet the terms of section 

16 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985, as amended, and 

18 $395,000,000 is additional new budget authority specified 

19 for purposes of section 251(b)(2)(C) of such Act. 

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 PAYMENTS TO STATES FOR CHILD SUPPORT

22 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

23 For carrying out, except as otherwise provided, titles 

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

25 and the Act of July 5, 1960, $2,944,906,000, to remain 
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1 available until expended; and for such purposes for the 

2 first quarter of fiscal year 2017, $1,300,000,000, to re3 main available until expended. 

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

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

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

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

8 year for unanticipated costs, incurred for the current fiscal 

9 year, such sums as may be necessary. 

10 LOW INCOME HOME ENERGY ASSISTANCE

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

12 of section 2602 of the Low Income Home Energy Assist13 ance Act of 1981, $3,390,304,000: Provided, That all but 

14 $491,000,000 of this amount shall be allocated as though 

15 the total appropriation for such payments for fiscal year 

16 2016 was less than $1,975,000,000: Provided further, 

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

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

19 $2,988,000 of such amounts may be reserved by the Sec20 retary for technical assistance, training, and monitoring 

21 of program activities for compliance with internal controls, 

22 policies and procedures and may, in addition to the au23 thorities provided in section 2609A(a)(1), use such funds 

24 through contracts with private entities that do not qualify 

25 as nonprofit organizations. 
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1 REFUGEE AND ENTRANT ASSISTANCE

2 For necessary expenses for refugee and entrant as3 sistance activities authorized by section 414 of the Immi4 gration and Nationality Act and section 501 of the Ref5 ugee Education Assistance Act of 1980, and for carrying 

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

7 section 235 of the William Wilberforce Trafficking Victims 

8 Protection Reauthorization Act of 2008, the Trafficking 

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

10 of the Trafficking Victims Protection Reauthorization Act 

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

12 $1,405,367,000, of which $1,378,877,000 shall remain 

13 available through September 30, 2018 for carrying out 

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

15 amounts available under this heading to carry out such 

16 section 203 and the TVPA shall also be available for re17 search and evaluation with respect to activities under 

18 those authorities: Provided further, That the limitation in 

19 section 205 of this Act regarding transfers increasing any 

20 appropriation shall apply to transfers to appropriations 

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

22 percent’’. 
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1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For carrying out the Child Care and Development 

4 Block Grant Act of 2014 (‘‘CCDBG Act’’), 

5 $2,585,000,000 shall be used to supplement, not supplant 

6 State general revenue funds for child care assistance for 

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

8 amounts required to be reserved by the States under sec9 tion 658G of the CCDBG Act, $119,098,000 shall be for 

10 activities that improve the quality of infant and toddler 

11 care: Provided further, That technical assistance under 

12 section 658I(a)(3) of such Act may be provided directly, 

13 or through the use of contracts, grants, cooperative agree14 ments, or interagency agreements: Provided further, That 

15 the reservation of funds specified in paragraphs (4) and 

16 (5) of section 658O(a) of such Act shall also be applied 

17 to funds appropriated in this or any other Act, including 

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

19 to carry out such section 418. 

20 SOCIAL SERVICES BLOCK GRANT

21 For making grants to States pursuant to section 

22 2002 of the Social Security Act, $1,700,000,000: Pro23 vided, That notwithstanding subparagraph (B) of section 

24 404(d)(2) of such Act, the applicable percent specified 

25 under such subparagraph for a State to carry out State 
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1 programs pursuant to title XX–A of such Act shall be 10 

2 percent. 

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For carrying out, except as otherwise provided, the 

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

6 the Child Abuse Prevention and Treatment Act, sections 

7 303 and 313 of the Family Violence Prevention and Serv8 ices Act, the Native American Programs Act of 1974, title 

9 II of the Child Abuse Prevention and Treatment and 

10 Adoption Reform Act of 1978 (adoption opportunities), 

11 part B–1 of title IV and sections 413, 429, 473A, 477(i), 

12 1110, 1114A, and 1115 of the Social Security Act; for 

13 making payments under the Community Services Block 

14 Grant Act (‘‘CSBG Act’’), sections 473B and 477(i) of 

15 the Social Security Act, and the Assets for Independence 

16 Act; for necessary administrative expenses to carry out ti17 tles I, IV, V, X, XI, XIV, XVI, and XX of the Social Secu18 rity Act, the Act of July 5, 1960, the Low Income Home 

19 Energy Assistance Act of 1981, title IV of the Immigra20 tion and Nationality Act, and section 501 of the Refugee 

21 Education Assistance Act of 1980; and for the administra22 tion of prior year obligations made by the Administration 

23 for Children and Families under the Developmental Dis24 abilities Assistance and Bill of Rights Act and the Help 

25 America Vote Act of 2002, $10,388,620,000, of which 
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1 $37,943,000, to remain available through September 30, 

2 2017, shall be for grants to States for adoption and legal 

3 guardianship incentive payments, as defined by section 

4 473A of the Social Security Act and may be made for 

5 adoptions completed before September 30, 2015: Provided, 

6 That $8,698,095,000 shall be for making payments under 

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

8 in the previous proviso, $8,073,095,000 shall be available 

9 for payments under section 640 of the Head Start Act: 

10 Provided further, That of the amount provided for making 

11 payments under the Head Start Act, $25,000,000 shall 

12 be available for allocation by the Secretary to supplement 

13 activities described in paragraphs (7)(B) and (9) of sec14 tion 641(c) of such Act under the Designation Renewal 

15 System, established under the authority of sections 

16 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Pro17 vided further, That notwithstanding such section 640, of 

18 the amount provided for making payments under the 

19 Head Start Act, and in addition to funds otherwise avail20 able under such section 640 for such purposes, 

21 $600,000,000 shall be available for Early Head Start pro22 grams as described in section 645A of such Act, for con23 version of Head Start services to Early Head Start serv24 ices as described in section 645(a)(5)(A) of such Act, for 

25 discretionary grants for high quality infant and toddler 
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1 care through Early Head Start-Child Care Partnerships, 

2 to entities defined as eligible under section 645A(d) of 

3 such Act, for training and technical assistance for such 

4 activities, and for up to $14,000,000 in Federal costs of 

5 administration and evaluation, and, notwithstanding sec6 tion 645A(c)(2) of such Act, these funds are available to 

7 serve children under age 4: Provided further, That funds 

8 described in the preceding two provisos shall not be in9 cluded in the calculation of ‘‘base grant’’ in subsequent 

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

11 of such Act: Provided further, That $674,000,000 shall be 

12 for making payments under the CSBG Act: Provided fur13 ther, That not more than $350,000 shall be reserved under 

14 section 674(b)(3) of the CSBG Act, all of which shall be 

15 solely for carrying out section 678(b)(2) of such Act: Pro16 vided further, That section 303(a)(2)(A)(i) of the Family 

17 Violence Prevention and Services Act shall not apply to 

18 amounts provided herein: Provided further, That 

19 $1,864,000 shall be for a human services case manage20 ment system for federally declared disasters, to include a 

21 comprehensive national case management contract and 

22 Federal costs of administering the system: Provided fur23 ther, That up to $2,000,000 shall be for improving the 

24 Public Assistance Reporting Information System, includ-
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1 ing grants to States to support data collection for a study 

2 of the system’s effectiveness. 

3 PROMOTING SAFE AND STABLE FAMILIES

4 For carrying out, except as otherwise provided, sec5 tion 436 of the Social Security Act, $345,000,000 and, 

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

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

8 PAYMENTS FOR FOSTER CARE AND PERMANENCY

9 For carrying out, except as otherwise provided, title 

10 IV–E of the Social Security Act, $5,298,000,000. 

11 For carrying out, except as otherwise provided, title 

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

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

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

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

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

17 current fiscal year for unanticipated costs, incurred for the 

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

19 ADMINISTRATION FOR COMMUNITY LIVING

20 AGING AND DISABILITY SERVICES PROGRAMS

21 (INCLUDING TRANSFER OF FUNDS)

22 For carrying out, to the extent not otherwise pro23 vided, the OAA, titles III and XXIX of the PHS Act, sec24 tion 119 of the Medicare Improvements for Patients and 

25 Providers Act of 2008, title XX–B of the Social Security 
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1 Act, the Developmental Disabilities Assistance and Bill of 

2 Rights Act, parts 2 and 5 of subtitle D of title II of the 

3 Help America Vote Act of 2002, the Assistive Technology 

4 Act of 1998, titles II and VII (and section 14 with respect 

5 to such titles) of the Rehabilitation Act of 1973, and for 

6 Department-wide coordination of policy and program ac7 tivities that assist individuals with disabilities, 

8 $1,831,089,000, together with $30,000,000 to be trans9 ferred from the Federal Hospital Insurance Trust Fund 

10 and the Federal Supplementary Medical Insurance Trust 

11 Fund to carry out section 4360 of the Omnibus Budget 

12 Reconciliation Act of 1990: Provided, That amounts ap13 propriated under this heading may be used for grants to 

14 States under section 361 of the OAA only for disease pre15 vention and health promotion programs and activities 

16 which have been demonstrated through rigorous evalua17 tion to be evidence-based and effective: Provided further, 

18 That notwithstanding any other provision of this Act, 

19 funds made available under this heading to carry out sec20 tion 311 of the OAA may be transferred to the Secretary 

21 of Agriculture in accordance with such section. 

22 OFFICE OF THE SECRETARY

23 GENERAL DEPARTMENTAL MANAGEMENT

24 For necessary expenses, not otherwise provided, for 

25 general departmental management, including hire of six 
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1 passenger motor vehicles, and for carrying out titles III, 

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

3 States-Mexico Border Health Commission Act, and re4 search studies under section 1110 of the Social Security 

5 Act, $301,500,000, together with $46,762,000 from the 

6 amounts available under section 241 of the PHS Act to 

7 carry out national health or human services research and 

8 evaluation activities: Provided, That of the funds made 

9 available under this heading, $20,000,000 shall be for 

10 making competitive contracts and grants to public and pri11 vate entities to fund medically accurate and age appro12 priate programs that reduce teen pregnancy and for the 

13 Federal costs associated with administering and evalu14 ating such contracts and grants, of which not more than 

15 10 percent of the available funds shall be for training and 

16 technical assistance, evaluation, outreach, and additional 

17 program support activities, and of the remaining amount 

18 75 percent shall be for replicating programs that have 

19 been proven effective through rigorous evaluation to re20 duce teenage pregnancy, behavioral risk factors underlying 

21 teenage pregnancy, or other associated risk factors, and 

22 25 percent shall be available for research and demonstra23 tion grants to develop, replicate, refine, and test additional 

24 models and innovative strategies for preventing teenage 

25 pregnancy: Provided further, That of the funds made avail-
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1 able under this heading, $1,750,000 is for strengthening 

2 the Department’s acquisition workforce capacity and capa3 bilities: Provided further, That with respect to the previous 

4 proviso, such funds shall be available for training, recruit5 ing, retaining, and hiring members of the acquisition 

6 workforce as defined by 41 U.S.C. 1703, for information 

7 technology in support of acquisition workforce effective8 ness and for management solutions to improve acquisition 

9 management: Provided further, That of the funds made 

10 available under this heading, $20,000,000 shall be for 

11 making competitive grants to provide abstinence education 

12 (as defined by section 510(b)(2)(A)–(H) of the Social Se13 curity Act) to adolescents, and for Federal costs of admin14 istering the grant: Provided further, That grants made 

15 under the authority of section 510(b)(2)(A)–(H) of the 

16 Social Security Act shall be made only to public and pri17 vate entities that agree that, with respect to an adolescent 

18 to whom the entities provide abstinence education under 

19 such grant, the entities will not provide to that adolescent 

20 any other education regarding sexual conduct, except that, 

21 in the case of an entity expressly required by law to pro22 vide health information or services the adolescent shall not 

23 be precluded from seeking health information or services 

24 from the entity in a different setting than the setting in 

25 which abstinence education was provided: Provided fur-
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1 ther, That funds provided in this Act for embryo adoption 

2 activities may be used to provide to individuals adopting 

3 embryos, through grants and other mechanisms, medical 

4 and administrative services deemed necessary for such 

5 adoptions: Provided further, That such services shall be 

6 provided consistent with 42 CFR 59.5(a)(4). 

7 OFFICE OF MEDICARE HEARINGS AND APPEALS

8 For expenses necessary for the Office of Medicare 

9 Hearings and Appeals, $97,381,000, to be transferred in 

10 appropriate part from the Federal Hospital Insurance 

11 Trust Fund and the Federal Supplementary Medical In12 surance Trust Fund. 

13 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

14 INFORMATION TECHNOLOGY

15 For expenses necessary for the Office of the National 

16 Coordinator for Health Information Technology, including 

17 grants, contracts, and cooperative agreements for the de18 velopment and advancement of interoperable health infor19 mation technology, $60,367,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General, including the hire of passenger motor vehicles for 

23 investigations, in carrying out the provisions of the Inspec24 tor General Act of 1978, $71,000,000: Provided, That of 

25 such amount, necessary sums shall be available for pro-
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1 viding protective services to the Secretary and inves2 tigating non-payment of child support cases for which non3 payment is a Federal offense under 18 U.S.C. 228. 

4 OFFICE FOR CIVIL RIGHTS

5 For expenses necessary for the Office for Civil 

6 Rights, $38,798,000. 

7 RETIREMENT PAY AND MEDICAL BENEFITS FOR

8 COMMISSIONED OFFICERS

9 For retirement pay and medical benefits of Public 

10 Health Service Commissioned Officers as authorized by 

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

12 Protection Plan and Survivor Benefit Plan, and for med13 ical care of dependents and retired personnel under the 

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

15 required during the current fiscal year. 

16 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

17 FUND

18 For expenses necessary to support activities related 

19 to countering potential biological, nuclear, radiological, 

20 chemical, and cybersecurity threats to civilian populations, 

21 and for other public health emergencies, $900,362,000, of 

22 which $473,000,000 shall remain available through Sep23 tember 30, 2017, for expenses necessary to support ad24 vanced research and development pursuant to section 

25 319L of the PHS Act and other administrative expenses 
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1 of the Biomedical Advanced Research and Development 

2 Authority: Provided, That funds provided under this head3 ing for the purpose of acquisition of security counter4 measures shall be in addition to any other funds available 

5 for such purpose: Provided further, That products pur6 chased with funds provided under this heading may, at 

7 the discretion of the Secretary, be deposited in the Stra8 tegic National Stockpile pursuant to section 319F–2 of 

9 the PHS Act: Provided further, That $5,000,000 of the 

10 amounts made available to support emergency operations 

11 shall remain available through September 30, 2018. 

12 For expenses necessary for procuring security coun13 termeasures (as defined in section 319F–2(c)(1)(B) of the 

14 PHS Act), $255,000,000, to remain available until ex15 pended. 

16 For an additional amount for expenses necessary to 

17 prepare for or respond to an influenza pandemic, 

18 $71,915,000; of which $39,906,000 shall be available until 

19 expended, for activities including the development and 

20 purchase of vaccine, antivirals, necessary medical supplies, 

21 diagnostics, and other surveillance tools: Provided, That 

22 notwithstanding section 496(b) of the PHS Act, funds 

23 may be used for the construction or renovation of privately 

24 owned facilities for the production of pandemic influenza 

25 vaccines and other biologics, if the Secretary finds such 
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1 construction or renovation necessary to secure sufficient 

2 supplies of such vaccines or biologics. 

3 GENERAL PROVISIONS

4 SEC. 201. Funds appropriated in this title shall be 

5 available for not to exceed $50,000 for official reception 

6 and representation expenses when specifically approved by 

7 the Secretary. 

8 SEC. 202. None of the funds appropriated in this title 

9 shall be used to pay the salary of an individual, through 

10 a grant or other extramural mechanism, at a rate in excess 

11 of Executive Level II. 

12 SEC. 203. None of the funds appropriated in this Act 

13 may be expended pursuant to section 241 of the PHS Act, 

14 except for funds specifically provided for in this Act, or 

15 for other taps and assessments made by any office located 

16 in HHS, prior to the preparation and submission of a re17 port by the Secretary to the Committees on Appropria18 tions of the House of Representatives and the Senate de19 tailing the planned uses of such funds. 

20 SEC. 204. Notwithstanding section 241(a) of the 

21 PHS Act, such portion as the Secretary shall determine, 

22 but not more than 2.5 percent, of any amounts appro23 priated for programs authorized under such Act shall be 

24 made available for the evaluation (directly, or by grants 
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1 or contracts) and the implementation and effectiveness of 

2 programs funded in this title. 

3 (TRANSFER OF FUNDS)

4 SEC. 205. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and 

6 Emergency Deficit Control Act of 1985) which are appro7 priated for the current fiscal year for HHS in this Act 

8 may be transferred between appropriations, but no such 

9 appropriation shall be increased by more than 3 percent 

10 by any such transfer: Provided, That the transfer author11 ity granted by this section shall not be used to create any 

12 new program or to fund any project or activity for which 

13 no funds are provided in this Act: Provided further, That 

14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate are notified at least 15 days 

16 in advance of any transfer. 

17 SEC. 206. In lieu of the timeframe specified in section 

18 338E(c)(2) of the PHS Act, terminations described in 

19 such section may occur up to 60 days after the execution 

20 of a contract awarded in fiscal year 2016 under section 

21 338B of such Act. 

22 SEC. 207. None of the funds appropriated in this Act 

23 may be made available to any entity under title X of the 

24 PHS Act unless the applicant for the award certifies to 

25 the Secretary that it encourages family participation in 
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1 the decision of minors to seek family planning services and 

2 that it provides counseling to minors on how to resist at3 tempts to coerce minors into engaging in sexual activities. 

4 SEC. 208. Notwithstanding any other provision of 

5 law, no provider of services under title X of the PHS Act 

6 shall be exempt from any State law requiring notification 

7 or the reporting of child abuse, child molestation, sexual 

8 abuse, rape, or incest. 

9 SEC. 209. None of the funds appropriated by this Act 

10 (including funds appropriated to any trust fund) may be 

11 used to carry out the Medicare Advantage program if the 

12 Secretary denies participation in such program to an oth13 erwise eligible entity (including a Provider Sponsored Or14 ganization) because the entity informs the Secretary that 

15 it will not provide, pay for, provide coverage of, or provide 

16 referrals for abortions: Provided, That the Secretary shall 

17 make appropriate prospective adjustments to the capita18 tion payment to such an entity (based on an actuarially 

19 sound estimate of the expected costs of providing the serv20 ice to such entity’s enrollees): Provided further, That noth21 ing in this section shall be construed to change the Medi22 care program’s coverage for such services and a Medicare 

23 Advantage organization described in this section shall be 

24 responsible for informing enrollees where to obtain infor25 mation about all Medicare covered services. 
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1 SEC. 210. None of the funds made available in this 

2 title may be used, in whole or in part, to advocate or pro3 mote gun control. 

4 SEC. 211. The Secretary shall make available through 

5 assignment not more than 60 employees of the Public 

6 Health Service to assist in child survival activities and to 

7 work in AIDS programs through and with funds provided 

8 by the Agency for International Development, the United 

9 Nations International Children’s Emergency Fund or the 

10 World Health Organization. 

11 SEC. 212. In order for HHS to carry out inter12 national health activities, including HIV/AIDS and other 

13 infectious disease, chronic and environmental disease, and 

14 other health activities abroad during fiscal year 2016: 

15 (1) The Secretary may exercise authority equiv16 alent to that available to the Secretary of State in 

17 section 2(c) of the State Department Basic Authori18 ties Act of 1956. The Secretary shall consult with 

19 the Secretary of State and relevant Chief of Mission 

20 to ensure that the authority provided in this section 

21 is exercised in a manner consistent with section 207 

22 of the Foreign Service Act of 1980 and other appli23 cable statutes administered by the Department of 

24 State. 
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1 (2) The Secretary is authorized to provide such 

2 funds by advance or reimbursement to the Secretary 

3 of State as may be necessary to pay the costs of ac4 quisition, lease, alteration, renovation, and manage5 ment of facilities outside of the United States for 

6 the use of HHS. The Department of State shall co7 operate fully with the Secretary to ensure that HHS 

8 has secure, safe, functional facilities that comply 

9 with applicable regulation governing location, set10 back, and other facilities requirements and serve the 

11 purposes established by this Act. The Secretary is 

12 authorized, in consultation with the Secretary of 

13 State, through grant or cooperative agreement, to 

14 make available to public or nonprofit private institu15 tions or agencies in participating foreign countries, 

16 funds to acquire, lease, alter, or renovate facilities in 

17 those countries as necessary to conduct programs of 

18 assistance for international health activities, includ19 ing activities relating to HIV/AIDS and other infec20 tious diseases, chronic and environmental diseases, 

21 and other health activities abroad. 

22 (3) The Secretary is authorized to provide to 

23 personnel appointed or assigned by the Secretary to 

24 serve abroad, allowances and benefits similar to 

25 those provided under chapter 9 of title I of the For-
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1 eign Service Act of 1980, and 22 U.S.C. 4081 

2 through 4086 and subject to such regulations pre3 scribed by the Secretary. The Secretary is further 

4 authorized to provide locality-based comparability 

5 payments (stated as a percentage) up to the amount 

6 of the locality-based comparability payment (stated 

7 as a percentage) that would be payable to such per8 sonnel under section 5304 of title 5, United States 

9 Code if such personnel’s official duty station were in 

10 the District of Columbia. Leaves of absence for per11 sonnel under this subsection shall be on the same 

12 basis as that provided under subchapter I of chapter 

13 63 of title 5, United States Code, or section 903 of 

14 the Foreign Service Act of 1980, to individuals serv15 ing in the Foreign Service. 

16 SEC. 213. Funds which are available for Individual 

17 Learning Accounts for employees of CDC and the Agency 

18 for Toxic Substances and Disease Registry (‘‘ATSDR’’) 

19 may be transferred to appropriate accounts of CDC, to 

20 be available only for Individual Learning Accounts: Pro21 vided, That such funds may be used for any individual 

22 full-time equivalent employee while such employee is em23 ployed either by CDC or ATSDR. 
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1 (TRANSFER OF FUNDS)

2 SEC. 214. The Director of the NIH, jointly with the 

3 Director of the Office of AIDS Research, may transfer up 

4 to 3 percent among institutes and centers from the total 

5 amounts identified by these two Directors as funding for 

6 research pertaining to the human immunodeficiency virus: 

7 Provided, That the Committees on Appropriations of the 

8 House of Representatives and the Senate are notified at 

9 least 15 days in advance of any transfer. 

10 (TRANSFER OF FUNDS)

11 SEC. 215. Of the amounts made available in this Act 

12 for NIH, the amount for research related to the human 

13 immunodeficiency virus, as jointly determined by the Di14 rector of NIH and the Director of the Office of AIDS Re15 search, shall be made available to the ‘‘Office of AIDS 

16 Research’’ account. The Director of the Office of AIDS 

17 Research shall transfer from such account amounts nec18 essary to carry out section 2353(d)(3) of the PHS Act. 

19 SEC. 216. (a) AUTHORITY.—Notwithstanding any 

20 other provision of law, the Director of NIH (‘‘Director’’) 

21 may use funds available under section 402(b)(7) or 

22 402(b)(12) of the PHS Act to enter into transactions 

23 (other than contracts, cooperative agreements, or grants) 

24 to carry out research identified pursuant to such section 
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1 402(b)(7) (pertaining to the Common Fund) or research 

2 and activities described in such section 402(b)(12). 

3 (b) PEER REVIEW.—In entering into transactions 

4 under subsection (a), the Director may utilize such peer 

5 review procedures (including consultation with appropriate 

6 scientific experts) as the Director determines to be appro7 priate to obtain assessments of scientific and technical 

8 merit. Such procedures shall apply to such transactions 

9 in lieu of the peer review and advisory council review pro10 cedures that would otherwise be required under sections 

11 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

12 and 494 of the PHS Act. 

13 SEC. 217. Not to exceed $45,000,000 of funds appro14 priated by this Act to the institutes and centers of the 

15 National Institutes of Health may be used for alteration, 

16 repair, or improvement of facilities, as necessary for the 

17 proper and efficient conduct of the activities authorized 

18 herein, at not to exceed $3,500,000 per project. 

19 (TRANSFER OF FUNDS)

20 SEC. 218. Of the amounts made available for NIH, 

21 1 percent of the amount made available for National Re22 search Service Awards (‘‘NRSA’’) shall be made available 

23 to the Administrator of the Health Resources and Services 

24 Administration to make NRSA awards for research in pri25 mary medical care to individuals affiliated with entities 
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1 who have received grants or contracts under sections 736, 

2 739, or 747 of the PHS Act, and 1 percent of the amount 

3 made available for NRSA shall be made available to the 

4 Director of the Agency for Healthcare Research and Qual5 ity to make NRSA awards for health service research. 

6 SEC. 219. Section 461(b)(1) of the Public Health 

7 Service Act (42 U.S.C. 285k(b)(1)) is amended— 

8 (1) in subparagraph (B), by striking ‘‘and be9 havioral research’’ and all that follows through the 

10 period and inserting ‘‘or behavioral research and are 

11 located in a State that is at or below the median of 

12 all States with respect to the aggregate NIH fund13 ing received by entities in that State.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(D) Entities that are designated as Pri16 marily Undergraduate Institutions and that are 

17 not eligible for funding under the Individuals 

18 with Disabilities Education Act, but that have 

19 been eligible for participation in the National 

20 Science Foundation Experimental Program to 

21 Stimulate Competitive Research (EPSCoR) pro22 gram for the past 2 consecutive years, may 

23 apply to an entity that currently holds an IDeA 

24 Networks of Biomedical Research Excellence 

25 award for inclusion in their Network.’’. 
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1 SEC. 220. Public Law 110–161, division G, title II, 

2 section 223 is amended by inserting, after ‘‘shall be avail3 able’’ and before ‘‘until expended’’, ‘‘to the Office of the 

4 Director, National Institutes of Health’’; striking, after 

5 ‘‘may be available for’’ and before ‘‘, subject to approval’’, 

6 ‘‘such purposes, for capital acquisition necessary to the op7 eration of the Department, including facilities infrastruc8 ture and information technology infrastructure’’, and in9 serting ‘‘all necessary expenses related to carrying out sec10 tion 301 and title IV of the Public Health Service Act’’. 

11 SEC. 221. In addition to amounts provided herein, 

12 payments made for research organisms or substances, au13 thorized under section 301(a) of the PHS Act, shall be 

14 retained and credited to the appropriations accounts of the 

15 Institutes and Centers of the NIH making the substance 

16 or organism available under section 301(a). Amounts cred17 ited to the account under this authority shall be available 

18 for obligation through September 30, 2017. 

19 SEC. 222. (a) The Biomedical Advanced Research 

20 and Development Authority (‘‘BARDA’’) may enter into 

21 a contract, for more than one but no more than 10 pro22 gram years, for purchase of research services or of security 

23 countermeasures, as that term is defined in section 319F– 

24 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

25 if— 
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1 (1) funds are available and obligated— 

2 (A) for the full period of the contract or 

3 for the first fiscal year in which the contract is 

4 in effect; and 

5 (B) for the estimated costs associated with 

6 a necessary termination of the contract; and 

7 (2) the Secretary determines that a multi-year 

8 contract will serve the best interests of the Federal 

9 Government by encouraging full and open competi10 tion or promoting economy in administration, per11 formance, and operation of BARDA’s programs. 

12 (b) A contract entered into under this section— 

13 (1) shall include a termination clause as de14 scribed by subsection (c) of section 3903 of title 41, 

15 United States Code; and 

16 (2) shall be subject to the congressional notice 

17 requirement stated in subsection (d) of such section. 

18 SEC. 223. (a) The Secretary shall establish a publicly 

19 accessible Web site to provide information regarding the 

20 uses of funds made available under section 4002 of the 

21 Patient Protection and Affordable Care Act of 2010 

22 (‘‘ACA’’). 

23 (b) With respect to funds provided under section 

24 4002 of the ACA, the Secretary shall include on the Web 
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1 site established under subsection (a) at a minimum the 

2 following information: 

3 (1) In the case of each transfer of funds under 

4 section 4002(c), a statement indicating the program 

5 or activity receiving funds, the operating division or 

6 office that will administer the funds, and the 

7 planned uses of the funds, to be posted not later 

8 than the day after the transfer is made. 

9 (2) Identification (along with a link to the full 

10 text) of each funding opportunity announcement, re11 quest for proposals, or other announcement or solici12 tation of proposals for grants, cooperative agree13 ments, or contracts intended to be awarded using 

14 such funds, to be posted not later than the day after 

15 the announcement or solicitation is issued. 

16 (3) Identification of each grant, cooperative 

17 agreement, or contract with a value of $25,000 or 

18 more awarded using such funds, including the pur19 pose of the award and the identity of the recipient, 

20 to be posted not later than 5 days after the award 

21 is made. 

22 (4) A report detailing the uses of all funds 

23 transferred under section 4002(c) during the fiscal 

24 year, to be posted not later than 90 days after the 

25 end of the fiscal year. 
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1 (c) With respect to awards made in fiscal years 2013 

2 through 2016, the Secretary shall also include on the Web 

3 site established under subsection (a), semi-annual reports 

4 from each entity awarded a grant, cooperative agreement, 

5 or contract from such funds with a value of $25,000 or 

6 more, summarizing the activities undertaken and identi7 fying any sub-grants or sub-contracts awarded (including 

8 the purpose of the award and the identity of the recipient), 

9 to be posted not later than 30 days after the end of each 

10 6-month period. 

11 (d) In carrying out this section, the Secretary shall— 

12 (1) present the information required in sub13 section (b)(1) on a single webpage or on a single 

14 database; 

15 (2) ensure that all information required in this 

16 section is directly accessible from the single webpage 

17 or database; and 

18 (3) ensure that all information required in this 

19 section is able to be organized by program or State. 

20 (TRANSFER OF FUNDS)

21 SEC. 224. (a) Within 45 days of enactment of this 

22 Act, the Secretary shall transfer funds appropriated under 

23 section 4002 of the ACA to the accounts specified, in the 

24 amounts specified, and for the activities specified under 
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1 the heading ‘‘Prevention and Public Health Fund’’ in the 

2 report accompanying this Act. 

3 (b) Notwithstanding section 4002(c) of the ACA, the 

4 Secretary may not further transfer these amounts. 

5 (c) Funds transferred for activities authorized under 

6 section 2821 of the PHS Act shall be made available with7 out reference to section 2821(b) of such Act. 

8 SEC. 225. (a) The Secretary shall publish in the fiscal 

9 year 2017 budget justification and on Departmental Web 

10 sites information concerning the employment of full-time 

11 equivalent Federal employees or contractors for the pur12 poses of implementing, administering, enforcing, or other13 wise carrying out the provisions of the ACA, and the 

14 amendments made by that Act, in the proposed fiscal year 

15 and each fiscal year since the enactment of the ACA. 

16 (b) With respect to employees or contractors sup17 ported by all funds appropriated for purposes of carrying 

18 out the ACA (and the amendments made by that Act), 

19 the Secretary shall include, at a minimum, the following 

20 information: 

21 (1) For each such fiscal year, the section of 

22 such Act under which such funds were appropriated, 

23 a statement indicating the program, project, or ac24 tivity receiving such funds, the Federal operating di25 vision or office that administers such program, and 
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1 the amount of funding received in discretionary or 

2 mandatory appropriations. 

3 (2) For each such fiscal year, the number of 

4 full-time equivalent employees or contracted employ5 ees assigned to each authorized and funded provision 

6 detailed in accordance with paragraph (1). 

7 (c) In carrying out this section, the Secretary may 

8 exclude from the report employees or contractors who— 

9 (1) are supported through appropriations en10 acted in laws other than the ACA and work on pro11 grams that existed prior to the passage of the ACA; 

12 (2) spend less than 50 percent of their time on 

13 activities funded by or newly authorized in the ACA; 

14 or 

15 (3) work on contracts for which FTE reporting 

16 is not a requirement of their contract, such as fixed17 price contracts. 

18 SEC. 226. The Secretary shall publish, as part of the 

19 fiscal year 2017 budget of the President submitted under 

20 section 1105(a) of title 31, United States Code, informa21 tion that details the uses of all funds used by the Centers 

22 for Medicare and Medicaid Services specifically for Health 

23 Insurance Exchanges for each fiscal year since the enact24 ment of the ACA and the proposed uses for such funds 

25 for fiscal year 2017. Such information shall include, for 
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1 each such fiscal year, the amount of funds used for each 

2 activity specified under the heading ‘‘Health Insurance 

3 Exchange Transparency’’ in the report accompanying this 

4 Act. 

5 SEC. 227. The Secretary shall provide to the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate detailed, monthly enrollment figures from 

8 the Exchanges established under the Patient Protection 

9 and Affordable Care Act of 2010 pertaining to enrollments 

10 during the open enrollment period: Provided, That the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate must be notified and provided with 

13 the enrollment figures at least 2 business days in advance 

14 of any public release of the information. 

15 SEC. 228. 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 SEC. 229. None of the funds made available by this 

24 Act from the Federal Hospital Insurance Trust Fund or 

25 the Federal Supplemental Medical Insurance Trust Fund, 
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1 or transferred from other accounts funded by this Act to 

2 the ‘‘Centers for Medicare and Medicaid Services—Pro3 gram Management’’ account, may be used to support the 

4 operation of an Exchange established under section 1311 

5 of Public Law 111–148. 

6 SEC. 230. None of the funds appropriated in this Act 

7 may be used to issue, promulgate, or otherwise implement 

8 the 2015 Dietary Guidelines for Americans edition unless 

9 the information and guidelines in the report are solely nu10 tritional and dietary in nature; and based only on a pre11 ponderance of nutritional and dietary scientific evidence 

12 and not extraneous information. 

13 (RESCISSION)

14 SEC. 231. The following unobligated balances of 

15 amounts appropriated prior to fiscal year 2007 for ‘‘De16 partment of Health and Human Services, Health Re17 sources and Services Administration’’ are hereby re18 scinded: 

19 (1) $281,003 appropriated to carry out section 

20 1610(b) of the PHS Act; 

21 (2) $3,611 appropriated to carry out section 

22 1602(c) of the PHS Act; 

23 (3) $105,576 appropriated in section 167 of di24 vision H of Public Law 108–199; and 
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1 (4) $55,793 appropriated to carry out the Na2 tional Cord Blood Stem Cell Bank Program. 

3 (RESCISSION)

4 SEC. 232. Of the funds made available under prior 

5 year Appropriation Acts for the Centers for Disease Con6 trol and Prevention for Individual Learning Accounts, 

7 $12,592,000 are hereby rescinded. 

8 (RESCISSION)

9 SEC. 233. Of the unobligated balances available from 

10 prior appropriations Acts under the heading ‘‘Department 

11 of Health and Human Services—Administration for Chil12 dren and Families—Refugee and Entrant Assistance’’ for 

13 carrying out section 462 of the Homeland Security Act 

14 of 2002 and section 235 of William Wilberforce Traf15 ficking Victims Protection Reauthorization Act of 2008, 

16 $250,000,000 are hereby rescinded. 

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

18 and Human Services Appropriations Act, 2016’’. 
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1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I of the Elementary and Sec5 ondary Education Act of 1965 (referred to in this Act as 

6 ‘‘ESEA’’) and section 418A of the Higher Education Act 

7 of 1965 (referred to in this Act as ‘‘HEA’’), 

8 $15,455,802,000, of which $4,575,641,000 shall become 

9 available on July 1, 2016, and shall remain available 

10 through September 30, 2017, and of which 

11 $10,841,177,000 shall become available on October 1, 

12 2016, and shall remain available through September 30, 

13 2017, for academic year 2016–2017: Provided, That 

14 $6,459,401,000 shall be for basic grants under section 

15 1124 of the ESEA: Provided further, That up to 

16 $3,984,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2015, to obtain annually updated 

19 local educational agency-level census poverty data from 

20 the Bureau of the Census: Provided further, That 

21 $1,362,301,000 shall be for concentration grants under 

22 section 1124A of the ESEA: Provided further, That 

23 $3,369,050,000 shall be for targeted grants under section 

24 1125 of the ESEA: Provided further, That 

25 $3,369,050,000 shall be for education finance incentive 
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1 grants under section 1125A of the ESEA: Provided fur2 ther, That funds available under sections 1124, 1124A, 

3 1125 and 1125A of the ESEA may be used to provide 

4 homeless children and youths with services not ordinarily 

5 provided to other students under those sections, including 

6 supporting the liaison designated pursuant to section 

7 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assist8 ance Act, and providing transportation pursuant to section 

9 722(g)(1)(J)(iii) of such Act: Provided further, That 

10 $450,000,000 shall be available for school improvement 

11 grants under section 1003(g) of the ESEA, which shall 

12 be allocated by the Secretary through the formula de13 scribed in section 1003(g)(2) and shall be used consistent 

14 with the requirements of section 1003(g), except that 

15 State and local educational agencies may use such funds 

16 to serve any school eligible to receive assistance under part 

17 A of title I that has not made adequate yearly progress 

18 for at least 2 years or is in the State’s lowest quintile of 

19 performance based on proficiency rates and, in the case 

20 of secondary schools, priority shall be given to those 

21 schools with graduation rates below 60 percent: Provided 

22 further, That notwithstanding section 1003(g)(5)(C) of 

23 the ESEA, the Secretary may permit a State educational 

24 agency to establish an award period of up to 5 years for 

25 each participating local educational agency: Provided fur-
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1 ther, That funds available for school improvement grants 

2 for fiscal year 2014 and thereafter may be used by a local 

3 educational agency to implement a whole-school reform 

4 strategy for a school using an evidence-based strategy that 

5 ensures whole-school reform is undertaken in partnership 

6 with a strategy developer offering a whole-school reform 

7 program that is based on at least a moderate level of evi8 dence that the program will have a statistically significant 

9 effect on student outcomes, including at least one well10 designed and well-implemented experimental or quasi-ex11 perimental study: Provided further, That funds available 

12 for school improvement grants may be used by a local edu13 cational agency to implement an alternative State-deter14 mined school improvement strategy that has been estab15 lished by a State educational agency with the approval of 

16 the Secretary: Provided further, That a local educational 

17 agency that is determined to be eligible for services under 

18 subpart 1 or 2 of part B of title VI of the ESEA may 

19 modify not more than one element of a school improve20 ment grant model: Provided further, That notwithstanding 

21 section 1003(g)(5)(A), each State educational agency may 

22 establish a maximum subgrant size of not more than 

23 $2,000,000 for each participating school applicable to 

24 such funds: Provided further, That the Secretary may re25 serve up to 5 percent of the funds available for section 
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1 1003(g) of the ESEA to carry out activities to build State 

2 and local educational agency capacity to implement effec3 tively the school improvement grants program: Provided 

4 further, That $35,000,000 shall be for carrying out section 

5 418A of the HEA. 

6 IMPACT AID

7 For carrying out programs of financial assistance to 

8 federally affected schools authorized by title VIII of the 

9 ESEA, $1,288,603,000, of which $1,151,233,000 shall be 

10 for basic support payments under section 8003(b), 

11 $48,316,000 shall be for payments for children with dis12 abilities under section 8003(d), $17,406,000 shall be for 

13 construction under section 8007(b) and be available for 

14 obligation through September 30, 2017, $66,813,000 shall 

15 be for Federal property payments under section 8002, and 

16 $4,835,000, to remain available until expended, shall be 

17 for facilities maintenance under section 8008: Provided, 

18 That for purposes of computing the amount of a payment 

19 for an eligible local educational agency under section 

20 8003(a) for school year 2015–2016, children enrolled in 

21 a school of such agency that would otherwise be eligible 

22 for payment under section 8003(a)(1)(B) of such Act, but 

23 due to the deployment of both parents or legal guardians, 

24 or a parent or legal guardian having sole custody of such 

25 children, or due to the death of a military parent or legal 
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1 guardian while on active duty (so long as such children 

2 reside on Federal property as described in section 

3 8003(a)(1)(B)), are no longer eligible under such section, 

4 shall be considered as eligible students under such section, 

5 provided such students remain in average daily attendance 

6 at a school in the same local educational agency they at7 tended prior to their change in eligibility status. 

8 SCHOOL IMPROVEMENT PROGRAMS

9 For carrying out school improvement activities au10 thorized by parts A and B of title II, part B of title IV, 

11 parts A and B of title VI, and parts B and C of title VII 

12 of the ESEA; the McKinney-Vento Homeless Assistance 

13 Act; section 203 of the Educational Technical Assistance 

14 Act of 2002; the Compact of Free Association Amend15 ments Act of 2003; and the Civil Rights Act of 1964, 

16 $4,134,746,000, of which $2,326,181,000 shall become 

17 available on July 1, 2016, and remain available through 

18 September 30, 2017, and of which $1,681,441,000 shall 

19 become available on October 1, 2016, and shall remain 

20 available through September 30, 2017, for academic year 

21 2016–2017: Provided, That funds made available to carry 

22 out part B of title VII of the ESEA may be used for con23 struction, renovation, and modernization of any elemen24 tary school, secondary school, or structure related to an 

25 elementary school or secondary school, run by the Depart-
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1 ment of Education of the State of Hawaii, that serves a 

2 predominantly Native Hawaiian student body: Provided 

3 further, That funds made available to carry out part C 

4 of title VII of the ESEA shall be awarded on a competitive 

5 basis, and also may be used for construction: Provided fur6 ther, That $40,000,000 shall be available to carry out sec7 tion 203 of the Educational Technical Assistance Act of 

8 2002 and the Secretary shall make such arrangements as 

9 determined to be necessary to ensure that the Bureau of 

10 Indian Education has access to services provided under 

11 this section: Provided further, That $16,699,000 shall be 

12 available to carry out the Supplemental Education Grants 

13 program for the Federated States of Micronesia and the 

14 Republic of the Marshall Islands: Provided further, That 

15 the Secretary may reserve up to 5 percent of the amount 

16 referred to in the previous proviso to provide technical as17 sistance in the implementation of these grants: Provided 

18 further, That up to 5.0 percent of the funds for subpart 

19 1 of part A of title II of the ESEA shall be reserved by 

20 the Secretary for competitive awards for teacher or prin21 cipal recruitment and training or professional enhance22 ment activities, including for civic education instruction, 

23 to national not-for-profit organizations, of which up to 8 

24 percent may only be used for research, dissemination, eval25 uation, and technical assistance for competitive awards 
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1 carried out under this proviso: Provided further, That 

2 $141,299,000 shall be to carry out part B of title II of 

3 the ESEA. 

4 INDIAN EDUCATION

5 For expenses necessary to carry out, to the extent 

6 not otherwise provided, title VII, part A of the ESEA, 

7 $123,939,000. 

8 INNOVATION AND IMPROVEMENT

9 For carrying out activities authorized by part G of 

10 title I, part D of title II, parts B, C, and D of title V 

11 of the ESEA, $694,616,000: Provided, That 

12 $225,000,000 of the funds for subpart 1 of part D of title 

13 V of the ESEA shall be for competitive grants to local 

14 educational agencies, including charter schools that are 

15 local educational agencies, or States, or partnerships of: 

16 (1) a local educational agency, a State, or both; and (2) 

17 at least one nonprofit organization to develop and imple18 ment performance-based compensation systems for teach19 ers, principals, and other personnel in high-need schools: 

20 Provided further, That such performance-based compensa21 tion systems must consider gains in student academic 

22 achievement as well as classroom evaluations conducted 

23 multiple times during each school year among other fac24 tors and provide educators with incentives to take on addi25 tional responsibilities and leadership roles: Provided fur-
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1 ther, That recipients of such grants shall demonstrate that 

2 such performance-based compensation systems are devel3 oped with the input of teachers and school leaders in the 

4 schools and local educational agencies to be served by the 

5 grant: Provided further, That recipients of such grants 

6 may use such funds to develop or improve systems and 

7 tools (which may be developed and used for the entire local 

8 educational agency or only for schools served under the 

9 grant) that would enhance the quality and success of the 

10 compensation system, such as high-quality teacher evalua11 tions and tools to measure growth in student achievement: 

12 Provided further, That applications for such grants shall 

13 include a plan to sustain financially the activities con14 ducted and systems developed under the grant once the 

15 grant period has expired: Provided further, That up to 5 

16 percent of such funds for competitive grants shall be avail17 able for technical assistance, training, peer review of appli18 cations, program outreach, and evaluation activities: Pro19 vided further, That of the funds available for part B of 

20 title V of the ESEA, the Secretary shall use up to 

21 $9,000,000 to carry out activities under section 5205(b) 

22 and shall use not less than $13,000,000 for subpart 2: 

23 Provided further, That of the funds available for subpart 

24 1 of part B of title V of the ESEA, and notwithstanding 

25 section 5205(a), the Secretary shall reserve up to 
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1 $85,000,000 to make multiple awards to nonprofit charter 

2 management organizations and other entities that are not 

3 for-profit entities for the replication and expansion of suc4 cessful charter school models and shall reserve not less 

5 than $11,000,000 to carry out the activities described in 

6 section 5205(a), including improving quality and oversight 

7 of charter schools and providing technical assistance and 

8 grants to authorized public chartering agencies in order 

9 to increase the number of high-performing charter schools: 

10 Provided further, That funds available for part B of title 

11 V of the ESEA may be used for grants that support pre12 school education in charter schools: Provided further, That 

13 each application submitted pursuant to section 5203(a) 

14 shall describe a plan to monitor and hold accountable au15 thorized public chartering agencies through such activities 

16 as providing technical assistance or establishing a profes17 sional development program, which may include evalua18 tion, planning, training, and systems development for staff 

19 of authorized public chartering agencies to improve the ca20 pacity of such agencies in the State to authorize, monitor, 

21 and hold accountable charter schools: Provided further, 

22 That each application submitted pursuant to section 

23 5203(a) shall contain assurances that State law, regula24 tions, or other policies require that: (1) each authorized 

25 charter school in the State operate under a legally binding 
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1 charter or performance contract between itself and the 

2 school’s authorized public chartering agency that describes 

3 the rights and responsibilities of the school and the public 

4 chartering agency; conduct annual, timely, and inde5 pendent audits of the school’s financial statements that 

6 are filed with the school’s authorized public chartering 

7 agency; and demonstrate improved student academic 

8 achievement; and (2) authorized public chartering agen9 cies use increases in student academic achievement for all 

10 groups of students described in section 1111(b)(2)(C)(v) 

11 of the ESEA as one of the most important factors when 

12 determining to renew or revoke a school’s charter. 

13 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

14 For carrying out activities authorized by part A of 

15 title IV and subparts 1 and 2 of part D of title V of the 

16 ESEA, $120,314,000: Provided, That $60,000,000 shall 

17 be available for subpart 2 of part A of title IV, of which 

18 up to $5,000,000, to remain available until expended, shall 

19 be for the Project School Emergency Response to Violence 

20 (‘‘Project SERV’’) program to provide education-related 

21 services to local educational agencies and institutions of 

22 higher education in which the learning environment has 

23 been disrupted due to a violent or traumatic crisis: Pro24 vided further, That $37,000,000 shall be available through 

25 December 31, 2016 for Promise Neighborhoods. 
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1 ENGLISH LANGUAGE ACQUISITION

2 For carrying out part A of title III of the ESEA, 

3 $712,021,000, which shall become available on July 1, 

4 2016, and shall remain available through September 30, 

5 2017, except that 6.5 percent of such amount shall be 

6 available on October 1, 2015, and shall remain available 

7 through September 30, 2017, to carry out activities under 

8 section 3111(c)(1)(C): Provided, That the Secretary shall 

9 use estimates of the American Community Survey child 

10 counts for the most recent 3-year period available to cal11 culate allocations under such part. 

12 SPECIAL EDUCATION

13 For carrying out the Individuals with Disabilities 

14 Education Act (IDEA) and the Special Olympics Sport 

15 and Empowerment Act of 2004, $12,636,817,000, of 

16 which $3,131,259,000 shall become available on July 1, 

17 2016, and shall remain available through September 30, 

18 2017, and of which $9,283,383,000 shall become available 

19 on October 1, 2016, and shall remain available through 

20 September 30, 2017, for academic year 2016–2017: Pro21 vided, That the amount for section 611(b)(2) of the IDEA 

22 shall be equal to the lesser of the amount available for 

23 that activity during fiscal year 2015, increased by the 

24 amount of inflation as specified in section 619(d)(2)(B) 

25 of the IDEA, or the percent change in the funds appro-
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1 priated under section 611(i) of the IDEA, but not less 

2 than the amount for that activity during fiscal year 2015: 

3 Provided further, That the Secretary shall, without regard 

4 to section 611(d) of the IDEA, distribute to all other 

5 States (as that term is defined in section 611(g)(2)), sub6 ject to the third proviso, any amount by which a State’s 

7 allocation under section 611(d), from funds appropriated 

8 under this heading, is reduced under section 

9 612(a)(18)(B), according to the following: 85 percent on 

10 the basis of the States’ relative populations of children 

11 aged 3 through 21 who are of the same age as children 

12 with disabilities for whom the State ensures the avail13 ability of a free appropriate public education under this 

14 part, and 15 percent to States on the basis of the States’ 

15 relative populations of those children who are living in pov16 erty: Provided further, That the Secretary may not dis17 tribute any funds under the previous proviso to any State 

18 whose reduction in allocation from funds appropriated 

19 under this heading made funds available for such a dis20 tribution: Provided further, That the States shall allocate 

21 such funds distributed under the second proviso to local 

22 educational agencies in accordance with section 611(f): 

23 Provided further, That the amount by which a State’s allo24 cation under section 611(d) of the IDEA is reduced under 

25 section 612(a)(18)(B) and the amounts distributed to 
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1 States under the previous provisos in fiscal year 2012 or 

2 any subsequent year shall not be considered in calculating 

3 the awards under section 611(d) for fiscal year 2013 or 

4 for any subsequent fiscal years: Provided further, That, 

5 notwithstanding the provision in section 612(a)(18)(B) re6 garding the fiscal year in which a State’s allocation under 

7 section 611(d) is reduced for failure to comply with the 

8 requirement of section 612(a)(18)(A), the Secretary may 

9 apply the reduction specified in section 612(a)(18)(B) over 

10 a period of consecutive fiscal years, not to exceed five, 

11 until the entire reduction is applied: Provided further, 

12 That the Secretary may, in any fiscal year in which a 

13 State’s allocation under section 611 is reduced in accord14 ance with section 612(a)(18)(B), reduce the amount a 

15 State may reserve under section 611(e)(1) by an amount 

16 that bears the same relation to the maximum amount de17 scribed in that paragraph as the reduction under section 

18 612(a)(18)(B) bears to the total allocation the State 

19 would have received in that fiscal year under section 

20 611(d) in the absence of the reduction: Provided further, 

21 That the Secretary shall either reduce the allocation of 

22 funds under section 611 for any fiscal year following the 

23 fiscal year for which the State fails to comply with the 

24 requirement of section 612(a)(18)(A) as authorized by 

25 section 612(a)(18)(B), or seek to recover funds under sec-
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1 tion 452 of the General Education Provisions Act (20 

2 U.S.C. 1234a): Provided further, That the funds reserved 

3 under 611(c) of the IDEA may be used to provide tech4 nical assistance to States to improve the capacity of the 

5 States to meet the data collection requirements of sections 

6 616 and 618 and to administer and carry out other serv7 ices and activities to improve data collection, coordination, 

8 quality, and use under parts B and C of the IDEA: Pro9 vided further, That the level of effort a local educational 

10 agency must meet under section 613(a)(2)(A)(iii) of the 

11 IDEA, in the year after it fails to maintain effort is the 

12 level of effort that would have been required in the absence 

13 of that failure and not the LEA’s reduced level of expendi14 tures: Provided further, That the Secretary may use funds 

15 made available for the State Personnel Development 

16 Grants program under part D, subpart 1 of IDEA to 

17 evaluate program performance under such subpart. 

18 REHABILITATION SERVICES AND DISABILITY RESEARCH

19 For carrying out, to the extent not otherwise pro20 vided, the Rehabilitation Act of 1973 and the Helen Keller 

21 National Center Act, $3,487,864,000, of which 

22 $3,391,770,000 shall be for grants for vocational rehabili23 tation services under title I of the Rehabilitation Act: Pro24 vided, That the Secretary may use amounts provided in 

25 this Act that remain available subsequent to the reallot-
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1 ment of funds to States pursuant to section 110(b) of the 

2 Rehabilitation Act for innovative activities aimed at im3 proving the outcomes of individuals with disabilities as de4 fined in section 7(20)(B) of the Rehabilitation Act, includ5 ing activities aimed at improving the education and post6 school outcomes of children receiving Supplemental Secu7 rity Income (‘‘SSI’’) and their families that may result 

8 in long-term improvement in the SSI child recipient’s eco9 nomic status and self-sufficiency: Provided further, That 

10 States may award subgrants for a portion of the funds 

11 to other public and private, nonprofit entities: Provided 

12 further, That any funds made available subsequent to real13 lotment for innovative activities aimed at improving the 

14 outcomes of individuals with disabilities shall remain avail15 able until September 30, 2017. 

16 SPECIAL INSTITUTIONS FOR PERSONS WITH

17 DISABILITIES

18 AMERICAN PRINTING HOUSE FOR THE BLIND

19 For carrying out the Act of March 3, 1879, 

20 $24,931,000. 

21 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

22 For the National Technical Institute for the Deaf 

23 under titles I and II of the Education of the Deaf Act 

24 of 1986, $69,016,000: Provided, That from the total 

25 amount available, the Institute may at its discretion use 
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1 funds for the endowment program as authorized under 

2 section 207 of such Act. 

3 GALLAUDET UNIVERSITY

4 For the Kendall Demonstration Elementary School, 

5 the Model Secondary School for the Deaf, and the partial 

6 support of Gallaudet University under titles I and II of 

7 the Education of the Deaf Act of 1986, $120,275,000: 

8 Provided, That from the total amount available, the Uni9 versity may at its discretion use funds for the endowment 

10 program as authorized under section 207 of such Act. 

11 CAREER, TECHNICAL, AND ADULT EDUCATION

12 For carrying out, to the extent not otherwise pro13 vided, the Carl D. Perkins Career and Technical Edu14 cation Act of 2006 and the Adult Education and Family 

15 Literacy Act (‘‘AEFLA’’), $1,669,731,000, of which 

16 $878,731,000 shall become available on July 1, 2016, and 

17 shall remain available through September 30, 2017, and 

18 of which $791,000,000 shall become available on October 

19 1, 2016, and shall remain available through September 30, 

20 2017: Provided, That of the amounts made available for 

21 AEFLA, $7,712,000 shall be for national leadership ac22 tivities under section 242. 
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1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1, 3, and 10 of part A, 

3 and part C of title IV of the HEA, $24,129,352,000, 

4 which shall remain available through September 30, 2017. 

5 The maximum Pell Grant for which a student shall 

6 be eligible during award year 2016–2017 shall be $4,860. 

7 STUDENT AID ADMINISTRATION

8 For Federal administrative expenses to carry out part 

9 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

10 parts B, C, D, and E of title IV of the HEA, and subpart 

11 1 of part A of title VII of the Public Health Service Act, 

12 $1,361,700,000, to remain available through September 

13 30, 2017: Provided, That the Secretary shall, no later than 

14 December 31, 2015, allocate no less than 50 percent of 

15 new student loan borrower accounts among eligible not16 for-profit student loan servicers, excluding those eligible 

17 as title IV additional servicers. 

18 HIGHER EDUCATION

19 For carrying out, to the extent not otherwise pro20 vided, titles II, III, IV, V, VI, and VII of the HEA, the 

21 Mutual Educational and Cultural Exchange Act of 1961, 

22 and section 117 of the Carl D. Perkins Career and Tech23 nical Education Act of 2006, $1,783,510,000: Provided, 

24 That notwithstanding any other provision of law, funds 

25 made available in this Act to carry out title VI of the HEA 
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1 and section 102(b)(6) of the Mutual Educational and Cul2 tural Exchange Act of 1961 may be used to support visits 

3 and study in foreign countries by individuals who are par4 ticipating in advanced foreign language training and inter5 national studies in areas that are vital to United States 

6 national security and who plan to apply their language 

7 skills and knowledge of these countries in the fields of gov8 ernment, the professions, or international development: 

9 Provided further, That of the funds referred to in the pre10 ceding proviso up to 1 percent may be used for program 

11 evaluation, national outreach, and information dissemina12 tion activities: Provided further, That up to 1.5 percent 

13 of the funds made available under chapter 2 of subpart 

14 2 of part A of title IV of the HEA may be used for evalua15 tion. 

16 HOWARD UNIVERSITY

17 For partial support of Howard University, 

18 $219,500,000, of which not less than $3,350,000 shall be 

19 for a matching endowment grant pursuant to the Howard 

20 University Endowment Act and shall remain available 

21 until expended. 
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1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

3 For Federal administrative expenses to carry out ac4 tivities related to existing facility loans pursuant to section 

5 121 of the HEA, $435,000. 

6 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

7 CAPITAL FINANCING PROGRAM ACCOUNT

8 For the cost of guaranteed loans, $19,096,000, as au9 thorized pursuant to part D of title III of the HEA, which 

10 shall remain available through September 30, 2017: Pro11 vided, That such costs, including the cost of modifying 

12 such loans, shall be as defined in section 502 of the Con13 gressional Budget Act of 1974: Provided further, That 

14 these funds are available to subsidize total loan principal, 

15 any part of which is to be guaranteed, not to exceed 

16 $303,593,000: Provided further, That these funds may be 

17 used to support loans to public and private Historically 

18 Black Colleges and Universities without regard to the limi19 tations within section 344(a) of the HEA. 

20 In addition, for administrative expenses to carry out 

21 the Historically Black College and University Capital Fi22 nancing Program entered into pursuant to part D of title 

23 III of the HEA, $334,000. 
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1 INSTITUTE OF EDUCATION SCIENCES

2 For carrying out activities authorized by the Edu3 cation Sciences Reform Act of 2002, the National Assess4 ment of Educational Progress Authorization Act, section 

5 208 of the Educational Technical Assistance Act of 2002, 

6 and section 664 of the Individuals with Disabilities Edu7 cation Act, $562,978,000, which shall remain available 

8 through September 30, 2017: Provided, That funds avail9 able to carry out section 208 of the Educational Technical 

10 Assistance Act may be used to link Statewide elementary 

11 and secondary data systems with early childhood, postsec12 ondary, and workforce data systems, or to further develop 

13 such systems: Provided further, That up to $6,000,000 of 

14 the funds available to carry out section 208 of the Edu15 cational Technical Assistance Act may be used for awards 

16 to public or private organizations or agencies to support 

17 activities to improve data coordination, quality, and use 

18 at the local, State, and national levels: Provided further, 

19 That $137,235,000 shall be for carrying out activities au20 thorized by the National Assessment of Educational 

21 Progress Authorization Act. 

22 DEPARTMENTAL MANAGEMENT

23 PROGRAM ADMINISTRATION

24 For carrying out, to the extent not otherwise pro25 vided, the Department of Education Organization Act, in-
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1 cluding rental of conference rooms in the District of Co2 lumbia and hire of three passenger motor vehicles, 

3 $391,326,000, of which up to $1,000,000, to remain avail4 able until expended, shall be for relocation of, and renova5 tion of buildings occupied by, Department staff. 

6 OFFICE FOR CIVIL RIGHTS

7 For expenses necessary for the Office for Civil 

8 Rights, as authorized by section 203 of the Department 

9 of Education Organization Act, $100,000,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For expenses necessary for the Office of Inspector 

12 General, as authorized by section 212 of the Department 

13 of Education Organization Act, $57,791,000. 

14 GENERAL PROVISIONS

15 SEC. 301. No funds appropriated in this Act may be 

16 used for the transportation of students or teachers (or for 

17 the purchase of equipment for such transportation) in 

18 order to overcome racial imbalance in any school or school 

19 system, or for the transportation of students or teachers 

20 (or for the purchase of equipment for such transportation) 

21 in order to carry out a plan of racial desegregation of any 

22 school or school system. 

23 SEC. 302. None of the funds contained in this Act 

24 shall be used to require, directly or indirectly, the trans25 portation of any student to a school other than the school 
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1 which is nearest the student’s home, except for a student 

2 requiring special education, to the school offering such 

3 special education, in order to comply with title VI of the 

4 Civil Rights Act of 1964. For the purpose of this section 

5 an indirect requirement of transportation of students in6 cludes the transportation of students to carry out a plan 

7 involving the reorganization of the grade structure of 

8 schools, the pairing of schools, or the clustering of schools, 

9 or any combination of grade restructuring, pairing, or 

10 clustering. The prohibition described in this section does 

11 not include the establishment of magnet schools. 

12 SEC. 303. No funds appropriated in this Act may be 

13 used to prevent the implementation of programs of vol14 untary prayer and meditation in the public schools. 

15 (TRANSFER OF FUNDS)

16 SEC. 304. Not to exceed 1 percent of any discre17 tionary funds (pursuant to the Balanced Budget and 

18 Emergency Deficit Control Act of 1985) which are appro19 priated for the Department of Education in this Act may 

20 be transferred between appropriations, but no such appro21 priation shall be increased by more than 3 percent by any 

22 such transfer: Provided, That the transfer authority 

23 granted by this section shall not be used to create any 

24 new program or to fund any project or activity for which 

25 no funds are provided in this Act: Provided further, That 
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1 the Committees on Appropriations of the House of Rep2 resentatives and the Senate are notified at least 15 days 

3 in advance of any transfer. 

4 SEC. 305. The Outlying Areas may consolidate funds 

5 received under this Act, pursuant to 48 U.S.C. 1469a, 

6 under part A of title V of the ESEA. 

7 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

8 of Free Association Amendments Act of 2003 (48 U.S.C. 

9 1921d(f)(1)(B)(ix)) shall be applied by substituting 

10 ‘‘2016’’ for ‘‘2009’’. 

11 SEC. 307. The Secretary, in consultation with the Di12 rector of the Institute of Education Sciences, may reserve 

13 funds under section 9601 of the ESEA (subject to the lim14 itations in subsections (b) and (c) of that section) in order 

15 to carry out activities authorized under paragraphs (1) 

16 and (2) of subsection (a) of that section with respect to 

17 any ESEA program funded in this Act and without re18 spect to the source of funds for those activities: Provided, 

19 That high-quality evaluations of ESEA programs shall be 

20 prioritized, before using funds for any other evaluation ac21 tivities: Provided further, That any funds reserved under 

22 this section shall be available from July 1, 2016 through 

23 September 30, 2017: Provided further, That not later than 

24 10 days prior to the initial obligation of funds reserved 

25 under this section, the Secretary, in consultation with the 
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1 Director, shall submit an evaluation plan to the Senate 

2 Committees on Appropriations and Health, Education, 

3 Labor, and Pensions and the House Committees on Ap4 propriations and Education and the Workforce which 

5 identifies the source and amount of funds reserved under 

6 this section, the impact on program grantees if funds are 

7 withheld, the programs to be evaluated with such funds, 

8 how ESEA programs will be regularly evaluated, and how 

9 findings from evaluations completed under this section will 

10 be widely disseminated. 

11 SEC. 308. (a) An institution of higher education that 

12 maintains an endowment fund supported with funds ap13 propriated for title III or V of the HEA for fiscal year 

14 2016 or any prior fiscal year may use the income from 

15 that fund to award scholarships to students, subject to the 

16 limitation in section 331(c)(3)(B)(i) of the HEA. The use 

17 of such income for such purposes, prior to the enactment 

18 of this Act, shall be considered to have been an allowable 

19 use of that income, subject to that limitation. 

20 (b) Subsection (a) shall be in effect until titles III 

21 and V of the HEA are reauthorized. 

22 (RESCISSION)

23 SEC. 309. Of the unobligated balances available from 

24 Public Law 113–235 under the heading ‘‘Student Finan-
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1 cial Assistance’’ for carrying out subpart 1 of part A of 

2 title IV of the HEA, $300,000,000 are hereby rescinded. 

3 SEC. 310. None of the funds made available by this 

4 Act may be used to— 

5 (1) implement, administer, or enforce sections 

6 600.10(c), 600.20(d), 668.6 and 668.7 of title 34, 

7 Code of Federal Regulations (relating to gainful em8 ployment) as added or amended by the final regula9 tions published by the Department of Education on 

10 October 31, 2014 (79 Fed. Reg. 64889 et seq.), or 

11 promulgate any new regulation with respect to the 

12 definition or application of the term ‘‘gainful em13 ployment’’ in the Higher Education Act of 1965; 

14 (2) implement, administer, or enforce sections 

15 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or 

16 668.43(b) of title 34, Code of Federal Regulations 

17 (relating to state authorization), as added or amend18 ed by the final regulations published by the Depart19 ment of Education in the Federal Register on Octo20 ber 29, 2010 (75 Fed. Reg. 66832 et seq.) or pro21 mulgate any new regulation with respect to the 

22 State authorization for institutions of higher edu23 cation to operate within a State; 

24 (3) implement, administer, or enforce the defi25 nition of the term ‘‘credit hour’’ in section 600.2 of 
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1 title 34, Code of Federal Regulations, as added by 

2 the final regulations published by the Department of 

3 Education in the Federal Register on October 29, 

4 2010 (75 Fed. Reg. 66946) and clauses (i)(A), (ii), 

5 and (iii) of subsection (k)(2) of section 668.8 of 

6 such title, as amended by such final regulations (75 

7 Fed. Reg. 66949 et seq.), or promulgate any new 

8 regulation with respect to the definition of the term 

9 ‘‘credit hour’’ for any purpose under the Higher 

10 Education Act; 

11 (4) carry out, develop, refine, promulgate, pub12 lish, implement, administer, or enforce a postsec13 ondary institution ratings system or any other per14 formance system to rate institutions of higher edu15 cation (as defined in section 102 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1002); or 

17 (5) promulgate, implement, administer, or en18 force the proposed rule establishing a teacher prepa19 ration program accountability system as published 

20 by the Department of Education in the Federal Reg21 ister on December 3, 2014 (79 Fed. Reg. 71819 et 

22 seq.), or any new regulation with respect to a teach23 er preparation program accountability system: 

24 Provided, That this section shall no longer apply upon en25 actment of a law that extends by not less than 2 fiscal 
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1 years the authorization or duration of one or more pro2 grams under the Higher Education Act of 1965. 

3 SEC. 311. None of the funds in this Act may be used 

4 to (including as a condition of any waiver provided under 

5 section 9401 of the ESEA)— 

6 (1) mandate, direct, or control a State, local 

7 educational agency, or school’s curriculum, program 

8 of instruction, instructional content, specific aca9 demic standards or assessments; 

10 (2) incentivize a State, local educational agency, 

11 or school to adopt any specific instructional content, 

12 academic standards, academic assessments, cur13 riculum, or program of instruction, including by pro14 viding any priority, preference, or special consider15 ation during the application process for any grant, 

16 contract, or cooperative agreement that is based on 

17 the adoption of any specific instructional content, 

18 academic standards, academic assessments, cur19 riculum, or program of instruction; or 

20 (3) make financial support available in a man21 ner that is conditioned upon a State, local edu22 cational agency, or school’s adoption of any specific 

23 instructional content, academic standards, academic 

24 assessments, curriculum, or program of instruction 

25 (such as the Common Core State Standards devel-
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1 oped under the Common Core State Standards Ini2 tiative, any other standards common to a significant 

3 number of States, or any specific assessment, in4 structional content, or curriculum aligned to such 

5 standards). 

6 SEC. 312. CAREER PATHWAYS PROGRAMS.— 

7 (1) Subsection (d) of section 484 of the HEA 

8 is amended by replacing (d)(2) with the following: 

9 ‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.— 

10 In this subsection, the term ‘eligible career pathway 

11 program’ means a program that combines rigorous 

12 and high-quality education, training, and other serv13 ices that— 

14 ‘‘(A) aligns with the skill needs of indus15 tries in the economy of the State or regional 

16 economy involved; 

17 ‘‘(B) prepares an individual to be success18 ful in any of a full range of secondary or post19 secondary education options, including appren20 ticeships registered under the Act of August 16, 

21 1937 (commonly known as the ‘National Ap22 prenticeship Act’; 50 Stat. 664, chapter 663; 29 

23 U.S.C. 50 et seq.) (referred to individually in 

24 this Act as an ‘apprenticeship’, except in sec25 tion 171); 
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1 ‘‘(C) includes counseling to support an in2 dividual in achieving the individual’s education 

3 and career goals; 

4 ‘‘(D) includes, as appropriate, education 

5 offered concurrently with and in the same con6 text as workforce preparation activities and 

7 training for a specific occupation or occupa8 tional cluster; 

9 ‘‘(E) organizes education, training, and 

10 other services to meet the particular needs of 

11 an individual in a manner that accelerates the 

12 educational and career advancement of the indi13 vidual to the extent practicable; 

14 ‘‘(F) enables an individual to attain a sec15 ondary school diploma or its recognized equiva16 lent, and at least 1 recognized postsecondary 

17 credential; and 

18 ‘‘(G) helps an individual enter or advance 

19 within a specific occupation or occupational 

20 cluster.’’. 

21 (2) Subsection (b) of section 401 of the HEA 

22 is amended by striking the addition to (b)(2)(A)(ii) 

23 made by subsection 309(b) of division G of Public 

24 Law 113–235. 
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1 This title may be cited as the ‘‘Department of Edu2 cation Appropriations Act, 2016’’. 
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1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary for the Committee for Pur7 chase From People Who Are Blind or Severely Disabled 

8 established by Public Law 92–28, $5,362,000. 

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’’), $614,075,000, 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 (1) up to 1 percent of program grant funds may be used 

21 to defray the costs of conducting grant application re22 views, including the use of outside peer reviewers and elec23 tronic management of the grants cycle; (2) $16,038,000 

24 shall be available to provide assistance to State commis25 sions on national and community service, under section 
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1 126(a) of the 1990 Act and notwithstanding section 

2 501(a)(5)(B) of the 1990 Act; (3) $30,000,000 shall be 

3 available to carry out subtitle E of the 1990 Act; and (4) 

4 $3,800,000 shall be available for expenses authorized 

5 under section 501(a)(4)(F) of the 1990 Act, which, not6 withstanding the provisions of section 198P shall be 

7 awarded by CNCS on a competitive basis: Provided fur8 ther, That for the purposes of carrying out the 1990 Act, 

9 satisfying the requirements in section 122(c)(1)(D) may 

10 include a determination of need by the local community. 

11 PAYMENT TO THE NATIONAL SERVICE TRUST

12 (INCLUDING TRANSFER OF FUNDS)

13 For payment to the National Service Trust estab14 lished under subtitle D of title I of the 1990 Act, 

15 $145,000,000, to remain available until expended: Pro16 vided, That CNCS may transfer additional funds from the 

17 amount provided within ‘‘Operating Expenses’’ allocated 

18 to grants under subtitle C of title I of the 1990 Act to 

19 the National Service Trust upon determination that such 

20 transfer is necessary to support the activities of national 

21 service participants and after notice is transmitted to the 

22 Committees on Appropriations of the House of Represent23 atives and the Senate: Provided further, That amounts ap24 propriated for or transferred to the National Service Trust 

25 may be invested under section 145(b) of the 1990 Act 
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1 without regard to the requirement to apportion funds 

2 under 31 U.S.C. 1513(b). 

3 SALARIES AND EXPENSES

4 For necessary expenses of administration as provided 

5 under section 501(a)(5) of the 1990 Act and under section 

6 504(a) of the 1973 Act, including payment of salaries, au7 thorized travel, hire of passenger motor vehicles, the rental 

8 of conference rooms in the District of Columbia, the em9 ployment of experts and consultants authorized under 5 

10 U.S.C. 3109, and not to exceed $2,500 for official recep11 tion and representation expenses, $80,000,000. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the Inspector General Act of 1978, 

15 $5,250,000. 

16 ADMINISTRATIVE PROVISIONS

17 SEC. 401. CNCS shall make any significant changes 

18 to program requirements, service delivery or policy only 

19 through public notice and comment rulemaking. For fiscal 

20 year 2016, during any grant selection process, an officer 

21 or employee of CNCS shall not knowingly disclose any cov22 ered grant selection information regarding such selection, 

23 directly or indirectly, to any person other than an officer 

24 or employee of CNCS that is authorized by CNCS to re25 ceive such information. 
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1 SEC. 402. AmeriCorps programs receiving grants 

2 under the National Service Trust program shall meet an 

3 overall minimum share requirement of 24 percent for the 

4 first 3 years that they receive AmeriCorps funding, and 

5 thereafter shall meet the overall minimum share require6 ment as provided in section 2521.60 of title 45, Code of 

7 Federal Regulations, without regard to the operating costs 

8 match requirement in section 121(e) or the member sup9 port Federal share limitations in section 140 of the 1990 

10 Act, and subject to partial waiver consistent with section 

11 2521.70 of title 45, Code of Federal Regulations. 

12 SEC. 403. Donations made to CNCS under section 

13 196 of the 1990 Act for the purposes of financing pro14 grams and operations under titles I and II of the 1973 

15 Act or subtitle B, C, D, or E of title I of the 1990 Act 

16 shall be used to supplement and not supplant current pro17 grams and operations. 

18 SEC. 404. In addition to the requirements in section 

19 146(a) of the 1990 Act, use of an educational award for 

20 the purpose described in section 148(a)(4) shall be limited 

21 to individuals who are veterans as defined under section 

22 101 of the Act. 

23 SEC. 405. For the purpose of carrying out section 

24 189D of the 1990 Act— 
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1 (1) entities described in paragraph (a) of such 

2 section shall be considered ‘‘qualified entities’’ under 

3 section 3 of the National Child Protection Act of 

4 1993 (‘‘NCPA’’); and 

5 (2) individuals described in such section shall 

6 be considered ‘‘volunteers’’ under section 3 of 

7 NCPA; and 

8 (3) State Commissions on National and Com9 munity Service established pursuant to section 178 

10 of the 1990 Act, are authorized to receive criminal 

11 history record information, consistent with Public 

12 Law 92–544. 

13 CORPORATION FOR PUBLIC BROADCASTING

14 For payment to the Corporation for Public Broad15 casting (‘‘CPB’’), as authorized by the Communications 

16 Act of 1934, an amount which shall be available within 

17 limitations specified by that Act, for the fiscal year 2018, 

18 $445,000,000: Provided, That none of the funds made 

19 available to CPB by this Act shall be used to pay for re20 ceptions, parties, or similar forms of entertainment for 

21 Government officials or employees: Provided further, That 

22 none of the funds made available to CPB by this Act shall 

23 be available or used to aid or support any program or ac24 tivity from which any person is excluded, or is denied ben25 efits, or is discriminated against, on the basis of race, 
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1 color, national origin, religion, or sex: Provided further, 

2 That none of the funds made available to CPB by this 

3 Act shall be used to apply any political test or qualification 

4 in selecting, appointing, promoting, or taking any other 

5 personnel action with respect to officers, agents, and em6 ployees of CPB: Provided further, That none of the funds 

7 made available to CPB by this Act shall be used to support 

8 the Television Future Fund or any similar purpose: Pro9 vided further, That notwithstanding any other provision 

10 of law, from amounts appropriated under the Consolidated 

11 Appropriations Act, 2014 (Public Law 113–76) for the 

12 Corporation for Public Broadcasting for fiscal year 2016, 

13 not to exceed $40,000,000 may be available for allocation 

14 to provide funding for the first phase of the multi-year 

15 project to replace and upgrade the public television inter16 connection system without altering the percentages of 

17 funds made available for allocation pursuant to subclause 

18 (II) of section 396(k)(3)(A)(i) of the Communications Act 

19 of 1934 (47 U.S.C. 396(k)(3)(A)(i)) from the total of such 

20 amounts and without altering the percentages of funds 

21 made available for allocation pursuant to subclause (I), 

22 subclause (III) and subclause (IV) of that section of that 

23 Act from any remaining amounts. 
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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, $47,823,000, 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, 
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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, $15,950,000. 

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, $7,250,000. 

19 MEDICARE PAYMENT ADVISORY COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out section 1805 of 

22 the Social Security Act, $11,100,000, to be transferred to 

23 this appropriation from the Federal Hospital Insurance 

24 Trust Fund and the Federal Supplementary Medical In25 surance Trust Fund. 
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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, $3,075,000. 

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 $246,802,000: 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. 
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1 ADMINISTRATIVE PROVISION

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 in this or any other Act 

19 making appropriations for the National Labor Relations 

20 Board or any other Federal Agencies shall be used to in21 vestigate, issue, enforce or litigate any administrative di22 rective, regulation, representation issue or unfair labor 

23 practice proceeding or any other administrative complaint, 

24 charge, claim or proceeding that would change the inter25 pretation or application of a standard to determine wheth-
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1 er entities are ‘‘joint employers’’ in effect as of January 

2 1, 2014. As established in TLI, Inc. 271 NLRB 798 

3 (1984) enforced 772 F.2d 894 (3d Cir. 1985), Airborne 

4 Express, 338 NLRB 597 (2002), and The Southland Cor5 poration dba Speedee 7-Eleven, 170 NLRB 1332 (1968), 

6 a ‘‘joint employer’’ under the National Labor Relations 

7 Act as of January 1, 2014 is defined as two or more sepa8 rate and independent business entities where one entity 

9 directly and immediately controls the essential terms and 

10 conditions of employment of the other entity’s employees, 

11 including hiring, firing, discipline, supervision and direc12 tion. 

13 SEC. 409. None of the funds in this Act may be used 

14 to implement, create, apply or enforce through prosecu15 tion, adjudication, rulemaking, or the issuing of any inter16 pretation, opinion, certification, decision or policy, any 

17 standard for initial bargaining unit determinations that 

18 conflicts with the standard articulated in the majority 

19 opinion in Wheeling Island Gaming Inc. and United Food 

20 and Commercial Workers International Union, Local 23, 

21 355 NLRB 127 (August 27, 2010) (including but not lim22 ited to the majority opinion in footnote 2), except for unit 

23 determinations currently governed by NLRB rule section 

24 103.30 for employers currently covered by such rules. Fur25 ther, no funds in this Act shall be used to implement, cre-
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1 ate, apply or enforce through prosecution, adjudication, 

2 rulemaking, or the issuing of any interpretation, opinion, 

3 certification, decision or policy, any standard for initial 

4 bargaining unit determinations that utilize the over5 whelming community of interest test except in accretion 

6 cases. 

7 NATIONAL MEDIATION BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out the provisions 

10 of the Railway Labor Act, including emergency boards ap11 pointed by the President, $12,600,000. 

12 OCCUPATIONAL SAFETY AND HEALTH REVIEW

13 COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary for the Occupational Safety 

16 and Health Review Commission, $11,100,000. 

17 RAILROAD RETIREMENT BOARD

18 DUAL BENEFITS PAYMENTS ACCOUNT

19 For payment to the Dual Benefits Payments Ac20 count, authorized under section 15(d) of the Railroad Re21 tirement Act of 1974, $29,000,000, which shall include 

22 amounts becoming available in fiscal year 2016 pursuant 

23 to section 224(c)(1)(B) of Public Law 98–76; and in addi24 tion, an amount, not to exceed 2 percent of the amount 

25 provided herein, shall be available proportional to the 
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1 amount by which the product of recipients and the average 

2 benefit received exceeds the amount available for payment 

3 of vested dual benefits: Provided, That the total amount 

4 provided herein shall be credited in 12 approximately 

5 equal amounts on the first day of each month in the fiscal 

6 year. 

7 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

8 ACCOUNTS

9 For payment to the accounts established in the 

10 Treasury for the payment of benefits under the Railroad 

11 Retirement Act for interest earned on unnegotiated 

12 checks, $150,000, to remain available through September 

13 30, 2017, which shall be the maximum amount available 

14 for payment pursuant to section 417 of Public Law 98– 

15 76. 

16 LIMITATION ON ADMINISTRATION

17 For necessary expenses for the Railroad Retirement 

18 Board (‘‘Board’’) for administration of the Railroad Re19 tirement Act and the Railroad Unemployment Insurance 

20 Act, $111,225,000, to be derived in such amounts as de21 termined by the Board from the railroad retirement ac22 counts and from moneys credited to the railroad unem23 ployment insurance administration fund: Provided, That 

24 notwithstanding section 7(b)(9) of the Railroad Retire25 ment Act this limitation may be used to hire attorneys 
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1 only through the excepted service: Provided further, That 

2 the previous proviso shall not change the status under 

3 Federal employment laws of any attorney hired by the 

4 Railroad Retirement Board prior to January 1, 2013. 

5 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector 

7 General for audit, investigatory and review activities, as 

8 authorized by the Inspector General Act of 1978, not more 

9 than $8,437,000, to be derived from the railroad retire10 ment accounts and railroad unemployment insurance ac11 count. 

12 SOCIAL SECURITY ADMINISTRATION

13 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

14 For payment to the Federal Old-Age and Survivors 

15 Insurance Trust Fund and the Federal Disability Insur16 ance Trust Fund, as provided under sections 201(m), 

17 217(g), 228(g), and 1131(b)(2) of the Social Security Act, 

18 $20,400,000. 

19 SUPPLEMENTAL SECURITY INCOME PROGRAM

20 For carrying out titles XI and XVI of the Social Se21 curity Act, section 401 of Public Law 92–603, section 212 

22 of Public Law 93–66, as amended, and section 405 of 

23 Public Law 95–216, including payment to the Social Secu24 rity trust funds for administrative expenses incurred pur25 suant to section 201(g)(1) of the Social Security Act, 
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1 $46,110,777,000, to remain available until expended: Pro2 vided, That any portion of the funds provided to a State 

3 in the current fiscal year and not obligated by the State 

4 during that year shall be returned to the Treasury: Pro5 vided further, That not more than $101,000,000 shall be 

6 available for research and demonstrations under sections 

7 1110, 1115, and 1144 of the Social Security Act, and re8 main available through September 30, 2018. 

9 For making, after June 15 of the current fiscal year, 

10 benefit payments to individuals under title XVI of the So11 cial Security Act, for unanticipated costs incurred for the 

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

13 For making benefit payments under title XVI of the 

14 Social Security Act for the first quarter of fiscal year 

15 2017, $14,500,000,000, to remain available until ex16 pended. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 For necessary expenses, including the hire of two pas19 senger motor vehicles, and not to exceed $20,000 for offi20 cial reception and representation expenses, not more than 

21 $10,044,945,000 may be expended, as authorized by sec22 tion 201(g)(1) of the Social Security Act, from any one 

23 or all of the trust funds referred to in such section: Pro24 vided, That not less than $2,300,000 shall be for the So25 cial Security Advisory Board: Provided further, That 
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1 $11,900,000 may be used for necessary expenses for the 

2 planning and design of the renovation and modernization 

3 of SSA facilities, to remain available until expended: Pro4 vided further, That unobligated balances of funds provided 

5 under this paragraph at the end of fiscal year 2016 not 

6 needed for fiscal year 2016 shall remain available until 

7 expended to invest in the Social Security Administration 

8 information technology and telecommunications hardware 

9 and software infrastructure, including related equipment 

10 and non-payroll administrative expenses associated solely 

11 with this information technology and telecommunications 

12 infrastructure: Provided further, That the Commissioner 

13 of Social Security shall notify the Committees on Appro14 priations of the House of Representatives and the Senate 

15 prior to making unobligated balances available under the 

16 authority in the previous proviso: Provided further, That 

17 reimbursement to the trust funds under this heading for 

18 expenditures for official time for employees of the Social 

19 Security Administration pursuant to 5 U.S.C. 7131, and 

20 for facilities or support services for labor organizations 

21 pursuant to policies, regulations, or procedures referred 

22 to in section 7135(b) of such title shall be made by the 

23 Secretary of the Treasury, with interest, from amounts in 

24 the general fund not otherwise appropriated, as soon as 

25 possible after such expenditures are made. 
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1 In addition, for the costs associated with continuing 

2 disability reviews under titles II and XVI of the Social 

3 Security Act and for the cost associated with conducting 

4 redeterminations of eligibility under title XVI of the Social 

5 Security Act, $1,439,000,000 may be expended, as au6 thorized by section 201(g)(1) of the Social Security Act, 

7 from any one or all of the trust funds referred to therein: 

8 Provided, That, of such amount, $273,000,000 is provided 

9 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985, as amended, and $1,166,000,000 is additional new 

12 budget authority specified for purposes of section 

13 251(b)(2)(B) of such Act: Provided further, That the Com14 missioner shall provide to the Congress (at the conclusion 

15 of the fiscal year) a report on the obligation and expendi16 ture of these funds, similar to the reports that were re17 quired by section 103(d)(2) of Public Law 104–121 for 

18 fiscal years 1996 through 2002. 

19 In addition, $136,000,000 to be derived from admin20 istration fees in excess of $5.00 per supplementary pay21 ment collected pursuant to section 1616(d) of the Social 

22 Security Act or section 212(b)(3) of Public Law 93–66, 

23 which shall remain available until expended. To the extent 

24 that the amounts collected pursuant to such sections in 

25 fiscal year 2016 exceed $136,000,000, the amounts shall 
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1 be available in fiscal year 2017 only to the extent provided 

2 in advance in appropriations Acts. 

3 In addition, up to $1,000,000 to be derived from fees 

4 collected pursuant to section 303(c) of the Social Security 

5 Protection Act, which shall remain available until ex6 pended. 

7 OFFICE OF INSPECTOR GENERAL

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary for the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $28,829,000, together with not to 

12 exceed $74,521,000, to be transferred and expended as 

13 authorized by section 201(g)(1) of the Social Security Act 

14 from the Federal Old-Age and Survivors Insurance Trust 

15 Fund and the Federal Disability Insurance Trust Fund. 

16 In addition, an amount not to exceed 3 percent of 

17 the total provided in this appropriation may be transferred 

18 from the ‘‘Limitation on Administrative Expenses’’, Social 

19 Security Administration, to be merged with this account, 

20 to be available for the time and purposes for which this 

21 account is available: Provided, That notice of such trans22 fers shall be transmitted promptly to the Committees on 

23 Appropriations of the House of Representatives and the 

24 Senate at least 15 days in advance of any transfer. 
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1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of 

16 Public Law 111–148 shall be used, other than for normal 

17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 

20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 

22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 

24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending regu-
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1 lation, administrative action, or order issued by the execu2 tive branch of any State or local government, except in 

3 presentation to the executive branch of any State or local 

4 government itself. 

5 (b) No part of any appropriation contained in this 

6 Act or transferred pursuant to section 4002 of Public Law 

7 111–148 shall be used to pay the salary or expenses of 

8 any grant or contract recipient, or agent acting for such 

9 recipient, related to any activity designed to influence the 

10 enactment of legislation, appropriations, regulation, ad11 ministrative action, or Executive order proposed or pend12 ing before the Congress or any State government, State 

13 legislature or local legislature or legislative body, other 

14 than for normal and recognized executive-legislative rela15 tionships or participation by an agency or officer of a 

16 State, local or tribal government in policymaking and ad17 ministrative processes within the executive branch of that 

18 government. 

19 (c) The prohibitions in subsections (a) and (b) shall 

20 include any activity to advocate or promote any proposed, 

21 pending or future Federal, State or local tax increase, or 

22 any proposed, pending, or future requirement or restric23 tion on any legal consumer product, including its sale or 

24 marketing, including but not limited to the advocacy or 

25 promotion of gun control. 
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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; 
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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 
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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, 
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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. 
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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. 
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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; 
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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 
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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 
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1 in this Act, the accompanying detailed table in the report 

2 accompanying this Act, or the fiscal year 2016 budget re3 quest. 

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 per-
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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 
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1 drug use, and such program is operating in accordance 

2 with State and local law. 

3 SEC. 521. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 

11 SEC. 522. None of the funds made available under 

12 this or any other Act, or any prior Appropriations Act, 

13 may be provided to the Association of Community Organi14 zations for Reform Now (‘‘ACORN’’), or any of its affili15 ates, subsidiaries, allied organizations, or successors. 

16 SEC. 523. For purposes of carrying out Executive 

17 Order 13589, Office of Management and Budget Memo18 randum M–12–12 dated May 11, 2012, and requirements 

19 contained in the annual appropriations bills relating to 

20 conference attendance and expenditures: 

21 (1) the operating divisions of HHS shall be con22 sidered independent agencies; and 

23 (2) attendance at and support for scientific con24 ferences shall be tabulated separately from and not 

25 included in agency totals. 
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1 SEC. 524. Federal agencies funded under this Act 

2 shall clearly state within the text, audio, or video used for 

3 advertising or educational purposes, including emails or 

4 Internet postings, that the communication is printed, pub5 lished, or produced and disseminated at U.S. taxpayer ex6 pense. The funds used by a Federal agency to carry out 

7 this requirement shall be derived from amounts made 

8 available to the agency for advertising or other commu9 nications regarding the programs and activities of the 

10 agency. 

11 SEC. 525. (a) Federal agencies may use Federal dis12 cretionary funds that are made available in this Act to 

13 carry out up to 10 Performance Partnership Pilots. Such 

14 Pilots shall— 

15 (1) be designed to improve outcomes for discon16 nected youth; 

17 (2) include communities that have recently ex18 perienced civil unrest; and 

19 (3) involve Federal programs targeted on dis20 connected youth, or designed to prevent youth from 

21 disconnecting from school or work, that provide edu22 cation, training, employment, and other related so23 cial services. Such Pilots shall be governed by the 

24 provisions of section 526 of division H of Public 

25 Law 113–76, except that in carrying out such Pilots 
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1 section 526 shall be applied by substituting ‘‘FISCAL

2 YEAR 2016’’ for ‘‘FISCAL YEAR 2014’’ in the title 

3 of subsection (b) and by substituting ‘‘September 

4 30, 2020’’ for ‘‘September 30, 2018’’ each place it 

5 appears. 

6 (b) In addition, Federal agencies may use Federal 

7 discretionary funds that are made available in this Act to 

8 participate in Performance Partnership Pilots that are 

9 being carried out pursuant to the authority provided by 

10 section 526 of division H of Public Law 113–76, and sec11 tion 524 of division G of Public Law 113–235: Provided, 

12 That new pilots that are being carried out with discre13 tionary funds made available in division G of Public Law 

14 113–25 shall include communities that have recently expe15 rienced civil unrest. 

16 SEC. 526. Not later than 30 days after the end of 

17 each calendar quarter, beginning with the first quarter of 

18 fiscal year 2013, the Departments of Labor, Health and 

19 Human Services and Education and the Social Security 

20 Administration shall provide the Committees on Appro21 priations of the House of Representatives and Senate a 

22 quarterly report on the status of balances of appropria23 tions: Provided, That for balances that are unobligated 

24 and uncommitted, committed, and obligated but unex25 pended, the quarterly reports shall separately identify the 
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1 amounts attributable to each source year of appropriation 

2 (beginning with fiscal year 2012, or, to the extent feasible, 

3 earlier fiscal years) from which balances were derived. 

4 SEC. 527. Section 2812(d)(2) of the Public Health 

5 Service Act (42 U.S.C. 300hh–11(d)(2)) is amended— 

6 (1) by redesignating the three sentences as sub7 paragraphs (A), (B), and (C), respectively, and in8 denting accordingly; 

9 (2) in subparagraph (A), as so redesignated, by 

10 striking ‘‘An’’ and inserting ‘‘IN GENERAL.—An’’; 

11 (3) in subparagraph (B), as so redesignated, by 

12 striking ‘‘With’’ and inserting ‘‘APPLICATION TO

13 TRAINING PROGRAMS.—With’’; 

14 (4) in subparagraph (C), as so redesignated, by 

15 striking ‘‘In’’ and inserting ‘‘RESPONSIBILITY OF

16 LABOR SECRETARY.—In’’; and 

17 (5) by adding at the end the following new sub18 paragraphs: 

19 ‘‘(D) COMPUTATION OF PAY.—In the event 

20 of an injury to such an intermittent disaster re21 sponse appointee, the position of the employee 

22 shall be deemed to be ‘one which would have af23 forded employment for substantially a whole 

24 year’, for purposes of section 8114(d)(2) of 

25 such title. 
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1 ‘‘(E) CONTINUATION OF PAY.—The weekly 

2 pay of such an employee shall be deemed to be 

3 the hourly pay in effect on the date of the in4 jury multiplied by 40, for purposes of com5 puting benefits under section 8118 of such 

6 title.’’. 

7 SEC. 528. None of the funds in this Act may be obli8 gated or expended in contravention of 8 U.S.C. 1183a. 

9 (RESCISSION)

10 SEC. 529. Of the funds made available for fiscal year 

11 2016 under section 3403 of Public Law 111–148, 

12 $15,000,000 are hereby rescinded. 

13 (RESCISSION)

14 SEC. 530. Of the funds made available for the Con15 sumer Operated and Oriented Plans under section 1322 

16 of the Patient Protection and Affordable Care Act (42 

17 U.S.C. 18042), $18,000,000 are hereby rescinded. 

18 (RESCISSION)

19 SEC. 531. Amounts deposited or available in the 

20 Child Enrollment Contingency Fund from appropriations 

21 to the Fund under section 2104(n)(2)(A)(i) of the Social 

22 Security Act and the income derived from investment of 

23 those funds pursuant to 2104(n)(2)(C) of that Act, shall 

24 not be available for obligation in this fiscal year. 
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1 (RESCISSION)

2 SEC. 532. Of any available amounts appropriated 

3 under section 108 of Public Law 111–3, as amended, 

4 $3,970,478,000 are hereby rescinded. 

5 (RESCISSION)

6 SEC. 533. Of the unobligated balances available from 

7 the Community Health Center Fund in prior fiscal years, 

8 $190,000,000 are hereby rescinded. 

9 This Act may be cited as the ‘‘Departments of Labor, 

10 Health and Human Services, and Education, and Related 

11 Agencies Appropriations Act, 2016’’. 
Calendar No. 137 

114TH CONGRESS 

1ST SESSION S. 1695 

[Report No. 114–74] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2016, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJUNE 25, 2015 

Read twice and placed on the calendar