IB 

Union Calendar No. 541 

114TH CONGRESS 

2D SESSION H. R. 5926 

[Report No. 114–699] 

Making appropriations for the Departments of Labor, Health and Human 

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

September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2016 

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

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

of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2017, and 

for other purposes. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

7 September 30, 2017, and for other purposes, namely: 

8 TITLE I 

9 DEPARTMENT OF LABOR 

10 EMPLOYMENT AND TRAINING ADMINISTRATION

11 TRAINING AND EMPLOYMENT SERVICES

12 For necessary expenses of the Workforce Innovation 

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

14 and the Second Chance Act of 2007, $3,177,115,000, plus 

15 reimbursements, shall be available. Of the amounts pro16 vided: 

17 (1) for grants to States for adult employment 

18 and training activities, youth activities, and dis19 located worker employment and training activities, 

20 $2,729,832,000 as follows: 

21 (A) $815,556,000 for adult employment 

22 and training activities, of which $103,556,000 

23 shall be available for the period July 1, 2017 

24 through June 30, 2018, and of which 


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1 $712,000,000 shall be available for the period 

2 October 1, 2017 through June 30, 2018; 

3 (B) $873,416,000 for youth activities, 

4 which shall be available for the period April 1, 

5 2017 through June 30, 2018; and 

6 (C) $1,040,860,000 for dislocated worker 

7 employment and training activities, of which 

8 $180,860,000 shall be available for the period 

9 July 1, 2017 through June 30, 2018, and of 

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

11 period October 1, 2017 through June 30, 2018: 

12 Provided, That the funds available for allotment to 

13 outlying areas to carry out subtitle B of title I of the 

14 WIOA shall not be subject to the requirements of 

15 section 127(b)(1)(B)(ii) of such Act; and 

16 (2) for national programs, $447,283,000 as fol17 lows: 

18 (A) $120,000,000 for the dislocated work19 ers assistance national reserve, which shall be 

20 available for the period October 1, 2016 

21 through September 30, 2018: Provided, That 

22 funds provided to carry out section 

23 132(a)(2)(A) of the WIOA may be used to pro24 vide assistance to a State for statewide or local 

25 use in order to address cases where there have 


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1 been worker dislocations across multiple sectors 

2 or across multiple local areas and such workers 

3 remain dislocated; coordinate the State work4 force development plan with emerging economic 

5 development needs; and train such eligible dis6 located workers: Provided further, That, of the 

7 funds provided under this subparagraph, 

8 $20,000,000 shall be made available for appli9 cations submitted in accordance with section 

10 170 of the WIOA for training and employment 

11 assistance for workers dislocated from coal 

12 mines and coal-fired power plants; 

13 (B) $52,000,000 for Native American pro14 grams under section 166 of the WIOA, which 

15 shall be available for the period April 1, 2017 

16 through June 30, 2018; 

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

18 farmworker programs under section 167 of the 

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

20 grants (of which not less than 70 percent shall 

21 be for employment and training services), 

22 $5,517,000 for migrant and seasonal housing 

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

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

25 discretionary purposes, which shall be available 


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1 for the period April 1, 2017 through June 30, 

2 2018: Provided, That notwithstanding any 

3 other provision of law or related regulation, the 

4 Department of Labor shall take no action lim5 iting the number or proportion of eligible par6 ticipants receiving related assistance services or 

7 discouraging grantees from providing such serv8 ices; 

9 (D) $84,534,000 for YouthBuild activities 

10 as described in section 171 of the WIOA, which 

11 shall be available for the period April 1, 2017 

12 through June 30, 2018; 

13 (E) $14,775,000 for technical assistance 

14 activities under section 168 of the WIOA, which 

15 shall be available for the period July 1, 2017 

16 through June 30, 2018; 

17 (F) $88,078,000 for ex-offender activities, 

18 under the authority of section 169 of the WIOA 

19 and section 212 of the Second Chance Act of 

20 2007, which shall be available for the period 

21 April 1, 2017 through June 30, 2018: Provided, 

22 That of this amount, $30,000,000 shall be for 

23 competitive grants to national and regional 

24 intermediaries for activities that prepare young 

25 ex-offenders and school dropouts for employVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ment, with a priority for projects serving high2 crime, high-poverty areas; 

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

4 Quality Initiative, under the authority of section 

5 169 of the WIOA, which shall be available for 

6 the period July 1, 2017 through June 30, 

7 2018. 

8 JOB CORPS

9 (INCLUDING TRANSFER OF FUNDS)

10 To carry out subtitle C of title I of the WIOA, includ11 ing Federal administrative expenses, the purchase and 

12 hire of passenger motor vehicles, the construction, alter13 ation, and repairs of buildings and other facilities, and the 

14 purchase of real property for training centers as author15 ized by the WIOA, $1,700,330,000, plus reimbursements, 

16 as follows: 

17 (1) $1,583,000,000 for Job Corps Operations, 

18 which shall be available for the period July 1, 2017 

19 through June 30, 2018; 

20 (2) $85,000,000 for construction, rehabilitation 

21 and acquisition of Job Corps Centers, which shall be 

22 available for the period July 1, 2017 through June 

23 30, 2020, and which may include the acquisition, 

24 maintenance, and repair of major items of equip25 ment: Provided, That the Secretary of Labor (reVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ferred to in this title as ‘‘Secretary’’) may transfer 

2 up to 15 percent of such funds to meet the oper3 ational needs of such centers or to achieve adminis4 trative efficiencies: Provided further, That any funds 

5 transferred pursuant to the preceding proviso shall 

6 not be available for obligation after June 30, 2018: 

7 Provided further, That the Committees on Appro8 priations of the House of Representatives and the 

9 Senate are notified at least 15 days in advance of 

10 any transfer; and 

11 (3) $32,330,000 for necessary expenses of Job 

12 Corps, which shall be available for obligation for the 

13 period October 1, 2016 through September 30, 

14 2017: 

15 Provided, That no funds from any other appropriation 

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

17 centers. 

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19 AMERICANS

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

21 1965 (referred to in this Act as ‘‘OAA’’), $434,371,000, 

22 which shall be available for the period April 1, 2017 

23 through June 30, 2018, and may be recaptured and reobli24 gated in accordance with section 517(c) of the OAA. 


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1 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

2 For payments during fiscal year 2017 of trade ad3 justment benefit payments and allowances under part I 

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

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

6 employment and case management services, allowances for 

7 job search and relocation, and related State administrative 

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

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

10 payments, allowances, training, employment and case 

11 management services, and related State administration 

12 provided pursuant to section 231(a) of the Trade Adjust13 ment Assistance Extension Act of 2011 and section 405(a) 

14 of the Trade Preferences Extension Act of 2015, 

15 $849,000,000 together with such amounts as may be nec16 essary to be charged to the subsequent appropriation for 

17 payments for any period subsequent to September 15, 

18 2017: Provided, That notwithstanding section 502 of this 

19 Act, any part of the appropriation provided under this 

20 heading may remain available for obligation beyond the 

21 current fiscal year pursuant to the authorities of section 

22 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 


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1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses, 

4 $89,066,000, together with not to exceed $3,400,103,000 

5 which may be expended from the Employment Security 

6 Administration Account in the Unemployment Trust Fund 

7 (‘‘the Trust Fund’’), of which: 

8 (1) $2,660,019,000 from the Trust Fund is for 

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

11 III of the Social Security Act (including not less 

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

14 insurance improper payment reviews, and to provide 

15 reemployment services and referrals to training as 

16 appropriate, for claimants of unemployment insur17 ance for ex-service members under 5 U.S.C. 8521 et. 

18 seq. and for the claimants of regular unemployment 

19 compensation who are profiled as most likely to ex20 haust their benefits in each State, and $5,000,000 

21 for continued support of the Unemployment Insur22 ance Integrity Center of Excellence), the administra23 tion of unemployment insurance for Federal employ24 ees and for ex-service members as authorized under 

25 5 U.S.C. 8501–8523, and the administration of 


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1 trade readjustment allowances, reemployment trade 

2 adjustment assistance, and alternative trade adjust3 ment assistance under the Trade Act of 1974 and 

4 under section 231(a) of the Trade Adjustment As5 sistance Extension Act of 2011 and section 405(a) 

6 of the Trade Preferences Extension Act of 2015, 

7 and shall be available for obligation by the States 

8 through December 31, 2017, except that funds used 

9 for automation shall be available for Federal obliga10 tion through December 31, 2017, and for State obli11 gation through September 30, 2019, or, if the auto12 mation is being carried out through consortia of 

13 States, for State obligation through September 30, 

14 2022, and for expenditure through September 30, 

15 2023, and funds for competitive grants awarded to 

16 States for improved operations and to conduct in17 person reemployment and eligibility assessments and 

18 unemployment insurance improper payment reviews 

19 and provide reemployment services and referrals to 

20 training, as appropriate, shall be available for Fed21 eral obligation through December 31, 2017, and for 

22 obligation by the States through September 30, 

23 2019, and funds for the Unemployment Insurance 

24 Integrity Center of Excellence shall be available for 

25 obligation by the State through September 30, 2018, 


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1 and funds used for unemployment insurance work2 loads experienced by the States through September 

3 30, 2017 shall be available for Federal obligation 

4 through December 31, 2017; 

5 (2) $14,547,000 from the Trust Fund is for na6 tional activities necessary to support the administra7 tion of the Federal-State unemployment insurance 

8 system; 

9 (3) $642,771,000 from the Trust Fund, to10 gether with $21,413,000 from the General Fund of 

11 the Treasury, is for grants to States in accordance 

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

13 be available for Federal obligation for the period 

14 July 1, 2017 through June 30, 2018; 

15 (4) $19,818,000 from the Trust Fund is for na16 tional activities of the Employment Service, includ17 ing administration of the work opportunity tax cred18 it under section 51 of the Internal Revenue Code of 

19 1986, and the provision of technical assistance and 

20 staff training under the Wagner-Peyser Act; 

21 (5) $62,948,000 from the Trust Fund is for the 

22 administration of foreign labor certifications and re23 lated activities under the Immigration and Nation24 ality Act and related laws, of which $48,666,000 

25 shall be available for the Federal administration of 


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

2 for grants to States for the administration of such 

3 activities; and 

4 (6) $67,653,000 from the General Fund is to 

5 provide workforce information, national electronic 

6 tools, and one-stop system building under the Wag7 ner-Peyser Act and shall be available for Federal ob8 ligation for the period July 1, 2017 through June 

9 30, 2018: 

10 Provided, That to the extent that the Average Weekly In11 sured Unemployment (‘‘AWIU’’) for fiscal year 2017 is 

12 projected by the Department of Labor to exceed 

13 2,453,000, an additional $28,600,000 from the Trust 

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

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

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

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

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

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

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

21 carrying out activities under such title III if the other 

22 States include areas that have suffered a major disaster 

23 declared by the President under the Robert T. Stafford 

24 Disaster Relief and Emergency Assistance Act: Provided 

25 further, That the Secretary may use funds appropriated 


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

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

3 the National Directory of New Hires under section 

4 453(j)(8) of such Act: Provided further, That the Sec5 retary may use funds appropriated for grants to States 

6 under title III of the Social Security Act to make pay7 ments on behalf of States to the entity operating the State 

8 Information Data Exchange System: Provided further, 

9 That funds appropriated in this Act which are used to es10 tablish a national one-stop career center system, or which 

11 are used to support the national activities of the Federal12 State unemployment insurance, employment service, or 

13 immigration programs, may be obligated in contracts, 

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

15 Provided further, That States awarded competitive grants 

16 for improved operations under title III of the Social Secu17 rity Act, or awarded grants to support the national activi18 ties of the Federal-State unemployment insurance system, 

19 may award subgrants to other States under such grants, 

20 subject to the conditions applicable to the grants: Provided 

21 further, That funds appropriated under this Act for activi22 ties authorized under title III of the Social Security Act 

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

24 integrated Unemployment Insurance and Employment 

25 Service automation efforts, notwithstanding cost allocation 


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1 principles prescribed under the final rule entitled ‘‘Uni2 form Administrative Requirements, Cost Principles, and 

3 Audit Requirements for Federal Awards’’ at part 200 of 

4 title 2, Code of Federal Regulations: Provided further, 

5 That the Secretary, at the request of a State participating 

6 in a consortium with other States, may reallot funds allot7 ted to such State under title III of the Social Security 

8 Act to other States participating in the consortium in 

9 order to carry out activities that benefit the administration 

10 of the unemployment compensation law of the State mak11 ing the request: Provided further, That the Secretary may 

12 collect fees for the costs associated with additional data 

13 collection, analyses, and reporting services relating to the 

14 National Agricultural Workers Survey requested by State 

15 and local governments, public and private institutions of 

16 higher education, and nonprofit organizations and may 

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

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

19 infrastructure, methodology, and data to meet the infor20 mation collection and reporting needs of such entities, 

21 which shall be credited to this appropriation and shall re22 main available until September 30, 2018, for such pur23 poses. 

24


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1 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

2 OTHER FUNDS

3 For repayable advances to the Unemployment Trust 

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

5 Social Security Act, and to the Black Lung Disability 

6 Trust Fund as authorized by section 9501(c)(1) of the In7 ternal Revenue Code of 1986; and for nonrepayable ad8 vances to the revolving fund established by section 901(e) 

9 of the Social Security Act, to the Unemployment Trust 

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

11 Unemployment Benefits and Allowances’’ account, such 

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

13 obligation through September 30, 2018. 

14 PROGRAM ADMINISTRATION

15 For expenses of administering employment and train16 ing programs, $107,376,000, together with not to exceed 

17 $50,365,000 which may be expended from the Employ18 ment Security Administration Account in the Unemploy19 ment Trust Fund. 

20 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Employee Benefits 

23 Security Administration, $174,000,000. 


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1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation (‘‘Cor4 poration’’) is authorized to make such expenditures, in5 cluding financial assistance authorized by subtitle E of 

6 title IV of the Employee Retirement Income Security Act 

7 of 1974, within limits of funds and borrowing authority 

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

9 to make such contracts and commitments without regard 

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

11 as may be necessary in carrying out the program, includ12 ing associated administrative expenses, through Sep13 tember 30, 2017, for the Corporation: Provided, That 

14 none of the funds available to the Corporation for fiscal 

15 year 2017 shall be available for obligations for administra16 tive expenses in excess of $421,006,000: Provided further, 

17 That not to exceed $98,500,000 shall be available through 

18 September 30, 2021, for costs associated with the acquisi19 tion, occupancy, and related costs of headquarters space: 

20 Provided further, That to the extent that the number of 

21 new plan participants in plans terminated by the Corpora22 tion exceeds 100,000 in fiscal year 2017, an amount not 

23 to exceed an additional $9,200,000 shall be available 

24 through September 30, 2018, for obligation for adminis25 trative expenses for every 20,000 additional terminated 


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1 participants: Provided further, That obligations in excess 

2 of the amounts provided in this paragraph may be in3 curred for unforeseen and extraordinary pretermination 

4 expenses or extraordinary multiemployer program related 

5 expenses after approval by the Office of Management and 

6 Budget and notification of the Committees on Appropria7 tions of the House of Representatives and the Senate. 

8 WAGE AND HOUR DIVISION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Wage and Hour Divi11 sion, including reimbursement to State, Federal, and local 

12 agencies and their employees for inspection services ren13 dered, $215,500,000. 

14 OFFICE OF LABOR-MANAGEMENT STANDARDS

15 SALARIES AND EXPENSES

16 For necessary expenses for the Office of Labor-Man17 agement Standards, $41,129,000. 

18 OFFICE OF FEDERAL CONTRACT COMPLIANCE

19 PROGRAMS

20 SALARIES AND EXPENSES

21 For necessary expenses for the Office of Federal Con22 tract Compliance Programs, $100,500,000. 


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1 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Workers’ 

4 Compensation Programs, $117,000,000, together with 

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

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

7 Longshore and Harbor Workers’ Compensation Act. 

8 SPECIAL BENEFITS

9 (INCLUDING TRANSFER OF FUNDS)

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

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

13 81; continuation of benefits as provided for under the 

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

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

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

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

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

21 Longshore and Harbor Workers’ Compensation Act, 

22 $220,000,000, together with such amounts as may be nec23 essary to be charged to the subsequent year appropriation 

24 for the payment of compensation and other benefits for 

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


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

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

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

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

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

8 unobligated on September 30, 2016, shall remain available 

9 until expended for the payment of compensation, benefits, 

10 and expenses: Provided further, That in addition there 

11 shall be transferred to this appropriation from the Postal 

12 Service and from any other corporation or instrumentality 

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

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

15 the Secretary determines to be the cost of administration 

16 for employees of such fair share entities through Sep17 tember 30, 2017: Provided further, That of those funds 

18 transferred to this account from the fair share entities to 

19 pay the cost of administration of the Federal Employees’ 

20 Compensation Act, $63,975,000 shall be made available 

21 to the Secretary as follows: 

22 (1) For enhancement and maintenance of auto23 mated data processing systems operations and tele24 communications systems, $22,740,000; 


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

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

4 (3) For periodic roll disability management and 

5 medical review, $16,668,000; 

6 (4) For program integrity, $1,401,000; and 

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

8 Treasury as miscellaneous receipts: 

9 Provided further, That the Secretary may require that any 

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

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

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

15 SPECIAL BENEFITS FOR DISABLED COAL MINERS

16 For carrying out title IV of the Federal Mine Safety 

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

18 275, $61,319,000, to remain available until expended. 

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

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

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

22 as may be necessary. 

23 For making benefit payments under title IV for the 

24 first quarter of fiscal year 2018, $16,000,000, to remain 

25 available until expended. 


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1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $59,846,000, to remain available until expended: Pro6 vided, That the Secretary may require that any person fil7 ing a claim for benefits under the Act provide as part of 

8 such claim such identifying information (including Social 

9 Security account number) as may be prescribed. 

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Such sums as may be necessary from the Black Lung 

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

14 until expended, for payment of all benefits authorized by 

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

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

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

19 expended from the Fund for fiscal year 2017 for expenses 

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

22 exceed $38,246,000 for transfer to the Office of Workers’ 

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

24 exceed $31,994,000 for transfer to Departmental Manage25 ment, ‘‘Salaries and Expenses’’; not to exceed $330,000 


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

4 Department of the Treasury. 

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Occupational Safety 

8 and Health Administration, $534,442,000, including not 

9 to exceed $102,000,000 which shall be the maximum 

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

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

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

13 of State occupational safety and health programs required 

14 to be incurred under plans approved by the Secretary 

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

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

20 such sums for occupational safety and health training and 

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

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

23 ending September 30, 2017, to collect and retain fees for 

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


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

2 international laboratory recognition programs that ensure 

3 the safety of equipment and products used by workers in 

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

5 appropriated under this paragraph shall be obligated or 

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

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

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

9 operation which does not maintain a temporary labor 

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

12 shall be obligated or expended to administer or enforce 

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

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

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

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

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

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

22 except— 

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


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1 (2) to conduct an inspection or investigation in 

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

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

6 any willful violations found; 

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

8 with respect to imminent dangers; 

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

10 with respect to health hazards; 

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

12 with respect to a report of an employment accident 

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

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

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

18 with respect to complaints of discrimination against 

19 employees for exercising rights under the Act: 

20 Provided further, That the foregoing proviso shall not 

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

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


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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and 

4 Health Administration, $350,500,000, including purchase 

5 and bestowal of certificates and trophies in connection 

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

8 mine rescue and recovery activities and not less than 

9 $10,537,000 for State assistance grants: Provided, That 

10 amounts available for State assistance grants may be used 

11 for the purchase and maintenance of new equipment re12 quired by the final rule entitled ‘‘Lowering Miners’ Expo13 sure to Respirable Coal Mine Dust, Including Continuous 

14 Personal Dust Monitors’’ published by the Department of 

15 Labor in the Federal Register on May 1, 2014 (79 Fed. 

16 Reg. 24813 et seq.), for operators that demonstrate finan17 cial need as determined by the Secretary: Provided further, 

18 That notwithstanding 31 U.S.C. 3302, not to exceed 

19 $750,000 may be collected by the National Mine Health 

20 and Safety Academy for room, board, tuition, and the sale 

21 of training materials, otherwise authorized by law to be 

22 collected, to be available for mine safety and health edu23 cation and training activities: Provided further, That not24 withstanding 31 U.S.C. 3302, the Mine Safety and Health 

25 Administration is authorized to collect and retain up to 


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1 $2,499,000 from fees collected for the approval and cer2 tification of equipment, materials, and explosives for use 

3 in mines, and may utilize such sums for such activities: 

4 Provided further, That the Secretary is authorized to ac5 cept lands, buildings, equipment, and other contributions 

6 from public and private sources and to prosecute projects 

7 in cooperation with other agencies, Federal, State, or pri8 vate: Provided further, That the Mine Safety and Health 

9 Administration is authorized to promote health and safety 

10 education and training in the mining community through 

11 cooperative programs with States, industry, and safety as12 sociations: Provided further, That the Secretary is author13 ized to recognize the Joseph A. Holmes Safety Association 

14 as a principal safety association and, notwithstanding any 

15 other provision of law, may provide funds and, with or 

16 without reimbursement, personnel, including service of 

17 Mine Safety and Health Administration officials as offi18 cers in local chapters or in the national organization: Pro19 vided further, That any funds available to the Department 

20 of Labor may be used, with the approval of the Secretary, 

21 to provide for the costs of mine rescue and survival oper22 ations in the event of a major disaster. 


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1 BUREAU OF LABOR STATISTICS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Bureau of Labor Sta4 tistics, including advances or reimbursements to State, 

5 Federal, and local agencies and their employees for serv6 ices rendered, $544,000,000, together with not to exceed 

7 $65,000,000 which may be expended from the Employ8 ment Security Administration account in the Unemploy9 ment Trust Fund. 

10 OFFICE OF DISABILITY EMPLOYMENT POLICY

11 SALARIES AND EXPENSES

12 For necessary expenses for the Office of Disability 

13 Employment Policy to provide leadership, develop policy 

14 and initiatives, and award grants furthering the objective 

15 of eliminating barriers to the training and employment of 

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

17 DEPARTMENTAL MANAGEMENT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for Departmental Manage21 ment, including the hire of three passenger motor vehicles, 

22 $280,879,000, together with not to exceed $308,000, 

23 which may be expended from the Employment Security 

24 Administration account in the Unemployment Trust 

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


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•HR 5926 RH

1 International Labor Affairs may be used to administer or 

2 operate international labor activities, bilateral and multi3 lateral technical assistance, and microfinance programs, 

4 by or through contracts, grants, subgrants and other ar5 rangements: Provided further, That $9,000,000 shall be 

6 used for program evaluation and shall be available for obli7 gation through September 30, 2018: Provided further, 

8 That funds available for program evaluation may be used 

9 to administer grants for the purpose of evaluation: Pro10 vided further, That grants made for the purpose of evalua11 tion shall be awarded through fair and open competition: 

12 Provided further, That funds available for program evalua13 tion may be transferred to any other appropriate account 

14 in the Department for such purpose: Provided further, 

15 That the Committees on Appropriations of the House of 

16 Representatives and the Senate are notified at least 15 

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

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

19 for grants to serve and promote the interests of women 

20 in the workforce: Provided further, That of the amounts 

21 made available to the Women’s Bureau, up to $1,244,000 

22 may be used for grants authorized by the Women in Ap23 prenticeship and Nontraditional Occupations Act. 


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•HR 5926 RH

1 VETERANS EMPLOYMENT AND TRAINING

2 Not to exceed $235,520,000 may be derived from the 

3 Employment Security Administration account in the Un4 employment Trust Fund to carry out the provisions of 

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

6 of which: 

7 (1) $175,000,000 is for Jobs for Veterans State 

8 grants under 38 U.S.C. 4102A(b)(5) to support dis9 abled veterans’ outreach program specialists under 

10 section 4103A of such title and local veterans’ em11 ployment representatives under section 4104(b) of 

12 such title, and for the expenses described in section 

13 4102A(b)(5)(C), which shall be available for obliga14 tion by the States through December 31, 2017, and 

15 not to exceed 3 percent for the necessary Federal ex16 penditures for data systems and contract support to 

17 allow for the tracking of participant and perform18 ance information: Provided, That, in addition, such 

19 funds may be used to support such specialists and 

20 representatives in the provision of services to 

21 transitioning members of the Armed Forces who 

22 have participated in the Transition Assistance Pro23 gram and have been identified as in need of inten24 sive services, to members of the Armed Forces who 

25 are wounded, ill, or injured and receiving treatment 


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•HR 5926 RH

1 in military treatment facilities or warrior transition 

2 units, and to the spouses or other family caregivers 

3 of such wounded, ill, or injured members; 

4 (2) $14,600,000 is for carrying out the Transi5 tion Assistance Program under 38 U.S.C. 4113 and 

6 10 U.S.C. 1144; 

7 (3) $42,506,000 is for Federal administration 

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

9 Code; and 

10 (4) $3,414,000 is for the National Veterans’ 

11 Employment and Training Services Institute under 

12 38 U.S.C. 4109: 

13 Provided, That the Secretary may reallocate among the 

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

15 above an amount not to exceed 3 percent of the appropria16 tion from which such reallocation is made. 

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

18 $50,000,000 is for carrying out programs to assist home19 less veterans and veterans at risk of homelessness who are 

20 transitioning from certain institutions under sections 

21 2021, 2021A, and 2023 of title 38, United States Code: 

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

23 of section 2023, the Secretary may award grants through 

24 September 30, 2017, to provide services under such sec25 tion: Provided further, That services provided under secVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 tion 2023 may include, in addition to services to the indi2 viduals described in subsection (e) of such section, services 

3 to veterans recently released from incarceration who are 

4 at risk of homelessness. 

5 IT MODERNIZATION

6 For necessary expenses for Department of Labor cen7 tralized infrastructure technology investment activities re8 lated to support systems and modernization, $33,698,000. 

9 OFFICE OF INSPECTOR GENERAL

10 For salaries and expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $85,840,000, together with not to 

13 exceed $5,660,000 which may be expended from the Em14 ployment Security Administration account in the Unem15 ployment Trust Fund. 

16 GENERAL PROVISIONS

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

18 for the Job Corps shall be used to pay the salary and bo19 nuses of an individual, either as direct costs or any prora20 tion as an indirect cost, at a rate in excess of Executive 

21 Level II. 

22 (TRANSFER OF FUNDS)

23 SEC. 102. Not to exceed 1 percent of any discre24 tionary funds (pursuant to the Balanced Budget and 

25 Emergency Deficit Control Act of 1985) which are approVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 priated for the current fiscal year for the Department of 

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

3 project, or activity, but no such program, project, or activ4 ity shall be increased by more than 3 percent by any such 

5 transfer: Provided, That the transfer authority granted by 

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

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

8 provided in this Act: Provided further, That the Commit9 tees on Appropriations of the House of Representatives 

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

11 of any transfer. 

12 SEC. 103. In accordance with Executive Order 

13 13126, none of the funds appropriated or otherwise made 

14 available pursuant to this Act shall be obligated or ex15 pended for the procurement of goods mined, produced, 

16 manufactured, or harvested or services rendered, in whole 

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

18 and host countries already identified by the United States 

19 Department of Labor prior to enactment of this Act. 

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

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

22 the American Competitiveness and Workforce Improve23 ment Act of 1998 may be used for any purpose other than 

24 competitive grants for training individuals over the age of 

25 16 who are not currently enrolled in school within a local 


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•HR 5926 RH

1 educational agency in the occupations and industries for 

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

3 workers, and the related activities necessary to support 

4 such training: Provided, That the preceding limitation 

5 shall not apply to funding provided pursuant to solicita6 tions for grant applications issued prior to January 15, 

7 2014. 

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

9 Act under the heading ‘‘Employment and Training Ad10 ministration’’ shall be used by a recipient or subrecipient 

11 of such funds to pay the salary and bonuses of an indi12 vidual, either as direct costs or indirect costs, at a rate 

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

14 apply to vendors providing goods and services as defined 

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

16 Where States are recipients of such funds, States may es17 tablish a lower limit for salaries and bonuses of those re18 ceiving salaries and bonuses from subrecipients of such 

19 funds, taking into account factors including the relative 

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

21 comparable State or local government employees, and the 

22 size of the organizations that administer Federal pro23 grams involved including Employment and Training Ad24 ministration programs. 


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•HR 5926 RH

1 (TRANSFER OF FUNDS)

2 SEC. 106. Notwithstanding section 102, the Sec3 retary may transfer funds made available to the Employ4 ment and Training Administration by this Act, either di5 rectly or through a set-aside, for technical assistance serv6 ices to grantees to ‘‘Program Administration’’ when it is 

7 determined that those services will be more efficiently per8 formed by Federal employees: Provided, That this section 

9 shall not apply to section 171 of the WIOA. 

10 (TRANSFER OF FUNDS)

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

12 than 0.75 percent from each appropriation made available 

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

14 out evaluations of any of the programs or activities that 

15 are funded under such accounts. Any funds reserved under 

16 this section shall be transferred to ‘‘Departmental Man17 agement’’ for use by the Office of the Chief Evaluation 

18 Officer within the Department of Labor, and shall be 

19 available for obligation through September 30, 2018: Pro20 vided, That such funds shall only be available if the Chief 

21 Evaluation Officer of the Department of Labor submits 

22 a plan to the Committees on Appropriations of the House 

23 of Representatives and the Senate describing the evalua24 tions to be carried out 15 days in advance of any transfer. 


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•HR 5926 RH

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

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

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

4 ‘‘State Unemployment Insurance and Employment Service 

5 Operations’’, ‘‘Employee Benefits Security Administra6 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

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

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

9 Standards’’, ‘‘Occupational Safety and Health Adminis10 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of11 fice of Disability Employment Policy’’, funding made 

12 available to the ‘‘Bureau of International Labor Affairs’’ 

13 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man14 agement, Salaries and Expenses’’ account, and ‘‘Veterans 

15 Employment and Training’’. 

16 SEC. 108. Notwithstanding any other provision of 

17 law, beginning October 1, 2016, the Secretary of Labor, 

18 in consultation with the Secretary of Agriculture may se19 lect an entity to operate a Civilian Conservation Center 

20 on a competitive basis in accordance with section 147 of 

21 the WIOA, if the Secretary of Labor determines such Cen22 ter has had consistently low performance under the per23 formance accountability system in effect for the Job Corps 

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


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•HR 5926 RH

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

2 such Act beginning July 1, 2016. 

3 SEC. 109. None of the funds made available by this 

4 or any other Act providing funding for the Bureau of 

5 Land Management, National Park Service, and the Forest 

6 Service may be used to implement, administer, or enforce 

7 the Establishing a Minimum Wage for Contractors regula8 tion published by the Department of Labor in the Federal 

9 Register on October 7, 2014 (79 Fed. Reg. 60634 et seq.), 

10 with respect to Federal contracts, permits, or other con11 tract-like instruments entered into with the Federal Gov12 ernment in connection with Federal property or lands, spe13 cifically related to offering seasonal recreational services 

14 or seasonal recreation equipment rental for the general 

15 public: Provided, That this section shall not apply to lodg16 ing and food services associated with seasonal recreation 

17 services. 

18 SEC. 110. Notwithstanding any other provision of 

19 law, no rule issued by the Department of Labor pursuant 

20 to the Employee Retirement Income Security Act of 1974 

21 regarding the Definition of the Term ‘‘Fiduciary’’; Con22 flict of Interest Rule-Retirement Investment Advice, in23 cluding the final rule published by the Department of 

24 Labor in the Federal Register on April 8, 2016 (81 Fed. 


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•HR 5926 RH

1 Reg. 20945 et seq.), shall have an effective date or have 

2 any legal effect. 

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

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

5 final rule entitled ‘‘Defining and Delimiting the Exemp6 tions for Executive, Administrative, Professional, Outside 

7 Sales and Computer Employees’’ published by the Depart8 ment of Labor in the Federal Register on May 23, 2016 

9 (81 Fed. Reg. 32391 et seq.). 

10 SEC. 112. (a) FLEXIBILITY WITH RESPECT TO THE

11 CROSSING OF H–2B NONIMMIGRANTS.— 

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

13 a petition for H–2B nonimmigrants filed by an em14 ployer is granted, the employer may bring the non15 immigrants described in the petition into the United 

16 States at any time during the 120-day period begin17 ning on the start date for which the employer is 

18 seeking the services of the nonimmigrants without 

19 filing another petition. 

20 (2) REQUIREMENTS FOR CROSSINGS AFTER

21 90TH DAY.—An employer may not bring H–2B non22 immigrants into the United States after the date 

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

24 employer is seeking the services of the non25 immigrants unless the employer— 


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•HR 5926 RH

1 (A) completes a new assessment of the 

2 local labor market by— 

3 (i) listing job orders in local news4 papers on 2 separate Sundays; and 

5 (ii) posting the job opportunity on the 

6 appropriate Department of Labor Elec7 tronic Job Registry and at the employer’s 

8 place of employment; and 

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

10 qualified United States worker who— 

11 (i) applies for the job; and 

12 (ii) will be available at the time and 

13 place of need. 

14 (3) EXEMPTION FROM RULES WITH RESPECT

15 TO STAGGERING.—The Secretary of Labor shall not 

16 consider an employer who brings H–2B non17 immigrants into the United States during the 120- 

18 day period specified in paragraph (1) to be stag19 gering the date of need in violation of section 

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

21 or any other applicable provision of law. 

22 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec23 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad24 mitted to the United States pursuant to section 


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•HR 5926 RH

1 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

3 SEC. 113. The determination of prevailing wage for 

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

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

6 employees with similar experience and qualifications for 

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

8 wage level for the occupational classification of the posi9 tion in the geographic area in which the H–2B non10 immigrant will be employed, based on the best information 

11 available at the time of filing the petition. In the deter12 mination of prevailing wage for the purposes of the H– 

13 2B program, the Secretary shall accept private wage sur14 veys even in instances where Occupational Employment 

15 Statistics survey data are available unless the Secretary 

16 determines that the methodology and data in the provided 

17 survey are not statistically supported. 

18 (RESCISSION)

19 SEC. 114. Of the funds made available under the 

20 heading ‘‘Employment and Training Administration– 

21 Training and Employment Services’’ in division H of Pub22 lic Law 114-113, $200,000,000 is rescinded, to be derived 

23 from the amount made available in paragraph (2)(A) 

24 under such heading for the period October 1, 2016, 

25 through September 30, 2017. 


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

2 Appropriations Act, 2017’’. 

3 TITLE II 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 HEALTH RESOURCES AND SERVICES ADMINISTRATION

7 PRIMARY HEALTH CARE

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

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

10 with respect to primary health care and the Native Hawai11 ian Health Care Act of 1988, $1,491,822,000: Provided, 

12 That no more than $400,000 shall be available until ex13 pended for carrying out the provisions of section 224(o) 

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

15 $99,893,000 shall be available until expended for carrying 

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

17 incurred by the Department of Health and Human Serv18 ices (referred to in this Act as ‘‘HHS’’) pertaining to ad19 ministrative claims made under such law. 

20 HEALTH WORKFORCE

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

22 Act with respect to the health workforce, sections 1128E 

23 and 1921 of the Social Security Act, and the Health Care 

24 Quality Improvement Act of 1986, $823,706,000: Pro25 vided, That sections 747(c)(2), 751(j)(2), 762(k), and the 


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•HR 5926 RH

1 proportional funding amounts in paragraphs (1) through 

2 (4) of section 756(e) of the PHS Act shall not apply to 

3 funds made available under this heading: Provided further, 

4 That for any program operating under section 751 of the 

5 PHS Act on or before January 1, 2009, the Secretary of 

6 Health and Human Services (referred to in this title as 

7 the ‘‘Secretary’’) may hereafter waive any of the require8 ments contained in sections 751(d)(2)(A) and 

9 751(d)(2)(B) of such Act for the full project period of a 

10 grant under such section: Provided further, That no funds 

11 shall be available for section 340G–1 of the PHS Act: Pro12 vided further, That fees collected for the disclosure of in13 formation under section 427(b) of the Health Care Quality 

14 Improvement Act of 1986 and sections 1128E(d)(2) and 

15 1921 of the Social Security Act shall be sufficient to re16 cover the full costs of operating the programs authorized 

17 by such sections and shall remain available until expended 

18 for the National Practitioner Data Bank: Provided further, 

19 That funds transferred to this account to carry out section 

20 846 and subpart 3 of part D of title III of the PHS Act 

21 may be used to make prior year adjustments to awards 

22 made under such sections. 

23 MATERNAL AND CHILD HEALTH

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

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


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•HR 5926 RH

1 V of the Social Security Act, and section 712 of the Amer2 ican Jobs Creation Act of 2004, $845,117,000: Provided, 

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

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

5 be available for carrying out special projects of regional 

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

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

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

9 501(a)(3) of such Act. 

10 RYAN WHITE HIV/AIDS PROGRAM

11 For carrying out title XXVI of the PHS Act with 

12 respect to the Ryan White HIV/AIDS program, 

13 $2,322,781,000, of which $1,970,881,000 shall remain 

14 available to the Secretary through September 30, 2019, 

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

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

17 AIDS Drug Assistance Programs under the authority of 

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

19 HEALTH CARE SYSTEMS

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

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

22 Therapeutic and Research Act of 2005, $109,193,000, of 

23 which $122,000 shall be available until expended for facili24 ties renovations at the Gillis W. Long Hansen’s Disease 

25 Center. 


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1 RURAL HEALTH

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

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

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

5 711 and 1820 of the Social Security Act, $169,571,000, 

6 of which $45,609,000 from general revenues, notwith7 standing section 1820(j) of the Social Security Act, shall 

8 be available for carrying out the Medicare rural hospital 

9 flexibility grants program: Provided, That of the funds 

10 made available under this heading for Medicare rural hos11 pital flexibility grants, $14,942,000 shall be available for 

12 the Small Rural Hospital Improvement Grant Program 

13 for quality improvement and adoption of health informa14 tion technology and up to $1,000,000 shall be to carry 

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

16 funds provided for grants under section 1820(g)(6) avail17 able for the purchase and implementation of telehealth 

18 services, including pilots and demonstrations on the use 

19 of electronic health records to coordinate rural veterans 

20 care between rural providers and the Department of Vet21 erans Affairs electronic health record system: Provided 

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

23 Act, $10,511,000 shall be available for State Offices of 

24 Rural Health. 


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1 PROGRAM MANAGEMENT

2 For program support in the Health Resources and 

3 Services Administration, $155,000,000: Provided, That 

4 funds made available under this heading may be used to 

5 supplement program support funding provided under the 

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

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

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

9 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

10 For payments from the Vaccine Injury Compensation 

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

12 may be necessary for claims associated with vaccine-re13 lated injury or death with respect to vaccines administered 

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

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

16 Provided, That for necessary administrative expenses, not 

17 to exceed $8,350,000 shall be available from the Trust 

18 Fund to the Secretary. 

19 CENTERS FOR DISEASE CONTROL AND PREVENTION

20 IMMUNIZATION AND RESPIRATORY DISEASES

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

22 section 2821 of the PHS Act, titles II and IV of the Immi23 gration and Nationality Act, and section 501 of the Ref24 ugee Education Assistance Act, with respect to immuniza25 tion and respiratory diseases, $410,766,000. 


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•HR 5926 RH

1 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

2 DISEASES, AND TUBERCULOSIS PREVENTION

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

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

5 sexually transmitted diseases, and tuberculosis prevention, 

6 $1,122,278,000. 

7 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

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

9 2821 of the PHS Act, titles II and IV of the Immigration 

10 and Nationality Act, and section 501 of the Refugee Edu11 cation Assistance Act, with respect to emerging and 

12 zoonotic infectious diseases, $625,522,000. 

13 CHRONIC DISEASE PREVENTION AND HEALTH

14 PROMOTION

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

16 XIX of the PHS Act with respect to chronic disease pre17 vention and health promotion, $896,321,000: Provided, 

18 That funds appropriated under this account may be avail19 able for making grants under section 1509 of the PHS 

20 Act for not less than 21 States, tribes, or tribal organiza21 tions: Provided further, That of the funds available under 

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

23 and expand community specific extension and outreach 

24 programs to combat obesity in counties with the highest 

25 levels of obesity: Provided further, That the proportional 


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•HR 5926 RH

1 funding requirements under section 1503(a) of the PHS 

2 Act shall not apply to funds made available under this 

3 heading. 

4 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

5 DISABILITIES AND HEALTH

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

7 PHS Act with respect to birth defects, developmental dis8 abilities, disabilities and health, $135,310,000. 

9 PUBLIC HEALTH SCIENTIFIC SERVICES

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

11 Act with respect to health statistics, surveillance, health 

12 informatics, and workforce development, $485,397,000. 

13 ENVIRONMENTAL HEALTH

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

15 Act with respect to environmental health, $143,300,000. 

16 INJURY PREVENTION AND CONTROL

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

18 Act with respect to injury prevention and control, 

19 $261,059,000: Provided, That of the funds provided under 

20 this heading, $90,000,000 shall be available for an evi21 dence-based opioid drug overdose prevention program. 

22 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

23 HEALTH

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

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


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

2 of the Mine Improvement and New Emergency Response 

3 Act, and sections 20, 21, and 22 of the Occupational Safe4 ty and Health Act, with respect to occupational safety and 

5 health, $329,100,000. 

6 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

7 COMPENSATION PROGRAM

8 For necessary expenses to administer the Energy 

9 Employees Occupational Illness Compensation Program 

10 Act, $55,358,000, to remain available until expended: Pro11 vided, That this amount shall be available consistent with 

12 the provision regarding administrative expenses in section 

13 151(b) of division B, title I of Public Law 106–554. 

14 GLOBAL HEALTH

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

16 Act with respect to global health, $556,721,000, of which 

17 $128,421,000 for international HIV/AIDS shall remain 

18 available through September 30, 2018: Provided, That 

19 funds may be used for purchase and insurance of official 

20 motor vehicles in foreign countries. 

21 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

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

23 Act with respect to public health preparedness and re24 sponse, and for expenses necessary to support activities 

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1 logical, and chemical threats to civilian populations, 

2 $1,485,800,000, of which $610,000,000 shall remain 

3 available until expended for the Strategic National Stock4 pile: Provided, That in the event the Director of the CDC 

5 activates the Emergency Operations Center, the Director 

6 of the CDC may detail CDC staff without reimbursement 

7 for up to 90 days to support the work of the CDC Emer8 gency Operations Center, so long as the Director provides 

9 a notice to the Committees on Appropriations of the 

10 House of Representatives and the Senate within 15 days 

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

12 days after use of this authority which includes the number 

13 of staff and funding level broken down by the originating 

14 center and number of days detailed: Provided further, 

15 That funds appropriated under this heading may be used 

16 to support a contract for the operation and maintenance 

17 of an aircraft in direct support of activities throughout 

18 CDC to ensure the agency is prepared to address public 

19 health preparedness emergencies. 

20 BUILDINGS AND FACILITIES

21 (INCLUDING TRANSFER OF FUNDS)

22 For acquisition of real property, equipment, construc23 tion, demolition, and renovation of facilities, $10,000,000, 

24 which shall remain available until September 30, 2021: 

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1 pair and upgrade of the Lake Lynn Experimental Mine 

2 and Laboratory shall be used to acquire a replacement 

3 mine safety research facility: Provided further, That in ad4 dition, the prior year unobligated balance of any amounts 

5 assigned to former employees in accounts of CDC made 

6 available for Individual Learning Accounts shall be cred7 ited to and merged with the amounts made available under 

8 this heading to support the replacement of the mine safety 

9 research facility. 

10 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

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

12 section 2821 of the PHS Act and for cross-cutting activi13 ties and program support for activities funded in other 

14 appropriations included in this Act for the Centers for 

15 Disease Control and Prevention, $413,570,000: Provided, 

16 That paragraphs (1) through (3) of subsection (b) of sec17 tion 2821 of the PHS Act shall not apply to funds appro18 priated under this heading and in all other accounts of 

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

20 Public Health Service, both civilian and commissioned of21 ficers, detailed to States, municipalities, or other organiza22 tions under authority of section 214 of the PHS Act, or 

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

24 employees for reporting purposes only and shall not be in25 cluded within any personnel ceiling applicable to the AgenVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 cy, Service, or HHS during the period of detail or assign2 ment: Provided further, That CDC may use up to $10,000 

3 from amounts appropriated to CDC in this Act for official 

4 reception and representation expenses when specifically 

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

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

7 user fees, which shall be credited to the appropriation 

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

9 respect to the previous proviso, authorized user fees from 

10 the Vessel Sanitation Program and the Respirator Certifi11 cation Program shall be available through September 30, 

12 2018: Provided further, That of the total amount made 

13 available under this heading, the Director of CDC shall 

14 enter into an arrangement with the National Academy of 

15 Medicine to develop a dietary reference intake report for 

16 sodium that takes into consideration studies on all-cause 

17 mortality: Provided further, That the CDC shall not carry 

18 out or support population-wide sodium reduction activities 

19 until after the date of publication of such report. 

20 NATIONAL INSTITUTES OF HEALTH

21 NATIONAL CANCER INSTITUTE

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

23 Act with respect to cancer, $5,338,444,000, of which up 

24 to $50,000,000 may be used for facilities repairs and im25 provements at the National Cancer Institute—Frederick 


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1 Federally Funded Research and Development Center in 

2 Frederick, Maryland. 

3 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

5 Act with respect to cardiovascular, lung, and blood dis6 eases, and blood and blood products, $3,190,474,000. 

7 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

8 RESEARCH

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

10 Act with respect to dental and craniofacial diseases, 

11 $425,578,000. 

12 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

13 KIDNEY DISEASES

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

15 Act with respect to diabetes and digestive and kidney dis16 ease, $1,862,093,000. 

17 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

18 AND STROKE

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

20 Act with respect to neurological disorders and stroke, 

21 $1,751,049,000. 


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1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

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

4 Act with respect to allergy and infectious diseases, 

5 $4,738,883,000. 

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

8 Act with respect to general medical sciences, 

9 $2,583,851,000, of which $791,598,000 shall be from 

10 funds available under section 241 of the PHS Act: Pro11 vided, That not less than $333,340,000 is provided for 

12 the Institutional Development Awards program. 

13 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

14 CHILD HEALTH AND HUMAN DEVELOPMENT

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

16 Act with respect to child health and human development, 

17 $1,373,408,000. 

18 NATIONAL EYE INSTITUTE

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

20 Act with respect to eye diseases and visual disorders, 

21 $735,576,000. 


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1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

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

4 Act with respect to environmental health sciences, 

5 $710,387,000. 

6 NATIONAL INSTITUTE ON AGING

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

8 Act with respect to aging, $1,982,102,000. 

9 NATIONAL INSTITUTE OF ARTHRITIS AND

10 MUSCULOSKELETAL AND SKIN DISEASES

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

12 Act with respect to arthritis and musculoskeletal and skin 

13 diseases, $555,181,000. 

14 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

15 COMMUNICATION DISORDERS

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

17 Act with respect to deafness and other communication dis18 orders, $434,126,000. 

19 NATIONAL INSTITUTE OF NURSING RESEARCH

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

21 Act with respect to nursing research, $150,008,000. 


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1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

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

4 Act with respect to alcohol abuse and alcoholism, 

5 $480,330,000. 

6 NATIONAL INSTITUTE ON DRUG ABUSE

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

8 Act with respect to drug abuse, $1,107,700,000. 

9 NATIONAL INSTITUTE OF MENTAL HEALTH

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

11 Act with respect to mental health, $1,599,747,000. 

12 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

14 Act with respect to human genome research, 

15 $531,438,000. 

16 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

17 BIOENGINEERING

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

19 Act with respect to biomedical imaging and bioengineering 

20 research, $356,978,000. 

21 NATIONAL CENTER FOR COMPLEMENTARY AND

22 INTEGRATIVE HEALTH

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

24 Act with respect to complementary and integrative health, 

25 $134,549,000. 


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1 NATIONAL INSTITUTE ON MINORITY HEALTH AND

2 HEALTH DISPARITIES

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

4 Act with respect to minority health and health disparities 

5 research, $286,446,000. 

6 JOHN E. FOGARTY INTERNATIONAL CENTER

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

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

9 title IV of the PHS Act), $72,141,000. 

10 NATIONAL LIBRARY OF MEDICINE

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

12 Act with respect to health information communications, 

13 $403,086,000: Provided, That of the amounts available for 

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

15 available until September 30, 2018: Provided further, That 

16 in fiscal year 2017, the National Library of Medicine may 

17 enter into personal services contracts for the provision of 

18 services in facilities owned, operated, or constructed under 

19 the jurisdiction of the National Institutes of Health (re20 ferred to in this title as ‘‘NIH’’). 

21 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

22 SCIENCES

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

24 Act with respect to translational sciences, $712,795,000: 

25 Provided, That up to $25,835,000 shall be available to imVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 plement section 480 of the PHS Act, relating to the Cures 

2 Acceleration Network: Provided further, That at least 

3 $511,500,000 is provided to the Clinical and Translational 

4 Sciences Awards program. 

5 OFFICE OF THE DIRECTOR

6 For carrying out the responsibilities of the Office of 

7 the Director, NIH, $1,676,167,000, of which up to 

8 $30,000,000 may be used to carry out section 215 of this 

9 Act: Provided, That funding shall be available for the pur10 chase of not to exceed 29 passenger motor vehicles for re11 placement only: Provided further, That all funds credited 

12 to the NIH Management Fund shall remain available for 

13 one fiscal year after the fiscal year in which they are de14 posited: Provided further, That $165,000,000 shall be for 

15 the National Children’s Study Follow-on: Provided further, 

16 That $763,039,000 shall be available for the Common 

17 Fund established under section 402A(c)(1) of the PHS 

18 Act: Provided further, That of the funds provided, $10,000 

19 shall be for official reception and representation expenses 

20 when specifically approved by the Director of the NIH: 

21 Provided further, That the Office of AIDS Research within 

22 the Office of the Director of the NIH may spend up to 

23 $8,000,000 to make grants for construction or renovation 

24 of facilities as provided for in section 2354(a)(5)(B) of the 

25 PHS Act: Provided further, That up to $230,000,000 of 


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1 the funds provided to the Common Fund are available to 

2 support the trans-NIH Precision Medicine Initiative: Pro3 vided further, That, of the funds from Institute, Center, 

4 and Office of the Director accounts within ‘‘Department 

5 of Health and Human Services, National Institutes of 

6 Health,’’ in order to strengthen privacy protections for 

7 human research participants, NIH shall require investiga8 tors receiving NIH funding for new and competing re9 search projects designed to generate and analyze data de10 rived from human research participants to obtain a certifi11 cate of confidentiality. 

12 In addition to other funds appropriated for the Com13 mon Fund established under section 402A(c) of the PHS 

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

15 from the 10-year Pediatric Research Initiative Fund de16 scribed in section 9008 of title 26, United States Code, 

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

18 of the PHS Act (relating to pediatric research), as author19 ized in the Gabriella Miller Kids First Research Act. 

20 BUILDINGS AND FACILITIES

21 For the study of, construction of, demolition of, ren22 ovation of, and acquisition of equipment for, facilities of 

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

24 $128,863,000, to remain available through September 30, 

25 2021. 


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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 $1,126,628,000: 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 2017: Pro21 vided further, That notwithstanding section 565(b)(1) of 

22 the PHS Act, technical assistance may be provided to a 

23 public entity to establish or operate a system of com24 prehensive community mental health services to children 

25 with a serious emotional disturbance, without regard to 


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1 whether the public entity receives a grant under section 

2 561(a) of such Act: Provided further, That States shall 

3 expend at least 10 percent of the amount each receives 

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

5 evidence-based programs that address the needs of individ6 uals with early serious mental illness, including psychotic 

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

8 Provided further, That none of the funds provided for sec9 tion 1911 of the PHS Act shall be subject to section 241 

10 of such Act: Provided further, That of the funds made 

11 available under this heading, $15,000,000 shall be to 

12 carry out section 224 of the Protecting Access to Medicare 

13 Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 

14 note). 

15 SUBSTANCE ABUSE TREATMENT

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

17 with respect to substance abuse treatment and title XIX 

18 of such Act with respect to substance abuse treatment and 

19 prevention, $2,108,202,000: Provided, That in addition to 

20 amounts provided herein, $81,200,000 shall be available 

21 under section 241 of the PHS Act to supplement funds 

22 otherwise available for substance abuse treatment activi23 ties and to carry out subpart II of part B of title XIX 

24 of the PHS Act to fund section 1935(b) technical assist25 ance, national data, data collection and evaluation activiVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ties, and further that the total available under this Act 

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

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

4 title XIX: Provided further, That none of the funds pro5 vided for section 1921 of the PHS Act shall be subject 

6 to section 241 of such Act. 

7 SUBSTANCE ABUSE PREVENTION

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

9 with respect to substance abuse prevention, $194,148,000: 

10 Provided, That in addition to amounts provided herein, 

11 $17,000,000 shall be available under section 241 of the 

12 PHS Act to supplement funds otherwise available for sub13 stance abuse prevention activities. 

14 In addition, for grants under title V of the PHS Act 

15 to States, political subdivisions of States, territories, 

16 tribes, and tribal organizations for the prevention and 

17 treatment of opioid abuse, including heroin abuse, and re18 lated health conditions, $500,000,000: Provided, That 

19 such amount shall not be subject to section 241 of the 

20 PHS Act: Provided further, That not more than 4 percent 

21 of such amount shall be available for Federal administra22 tive expenses, training, technical assistance, and evalua23 tion: Provided further, That in awarding such grants, the 

24 Administrator of the Substance Abuse and Mental Health 

25 Services Administration shall give highest priority to 


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1 States, political subdivisions of States, territories, tribes, 

2 and tribal organizations that have the highest rate of 

3 opioid-related overdose deaths: Provided further, That pre4 vention and treatment activities funded through such 

5 grants may include education, treatment (including the 

6 provision of medication), behavioral health services for in7 dividuals in treatment programs, referral to treatment 

8 services, and medical screening associated with such treat9 ment. 

10 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

11 For program support and cross-cutting activities that 

12 supplement activities funded under the headings ‘‘Mental 

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

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

15 of the PHS Act and the Protection and Advocacy for Indi16 viduals with Mental Illness Act in the Substance Abuse 

17 and Mental Health Services Administration, 

18 $131,458,000: Provided, That in addition to amounts pro19 vided herein, $31,428,000 shall be available under section 

20 241 of the PHS Act to supplement funds available to 

21 carry out national surveys on drug abuse and mental 

22 health, to collect and analyze program data, and to con23 duct public awareness and technical assistance activities: 

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

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


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1 data analysis completed under title V of the PHS Act and 

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

3 shall be credited to this appropriation and shall remain 

4 available until expended for such purposes: Provided fur5 ther, That amounts made available in this Act for carrying 

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

7 through September 30, 2018: Provided further, That 

8 funds made available under this heading may be used to 

9 supplement program support funding provided under the 

10 headings ‘‘Mental Health’’, ‘‘Substance Abuse Treat11 ment’’, and ‘‘Substance Abuse Prevention’’. 

12 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

13 HEALTHCARE RESEARCH AND QUALITY

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

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

16 1013 of the Medicare Prescription Drug, Improvement, 

17 and Modernization Act of 2003, $280,240,000: Provided, 

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

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

20 amounts received from Freedom of Information Act fees, 

21 reimbursable and interagency agreements, and the sale of 

22 data shall be credited to this appropriation and shall re23 main available until September 30, 2017. 


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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, $262,003,967,000, 

5 to remain available until expended. 

6 For making, after May 31, 2017, 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 2017 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 2018, 

15 $125,219,452,000, 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 


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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, $299,187,700,000. 

5 In addition, for making matching payments under 

6 section 1844 and benefit payments under section 1860D– 

7 16 of the Social Security Act that were not anticipated 

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

9 PROGRAM MANAGEMENT

10 For carrying out, except as otherwise provided, titles 

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

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

14 $3,093,690,000, to be transferred from the Federal Hos15 pital Insurance Trust Fund and the Federal Supple16 mentary Medical Insurance Trust Fund, as authorized by 

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

18 all funds collected in accordance with section 353 of the 

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

20 Act, funds retained by the Secretary pursuant to section 

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

22 such sums as may be collected from authorized user fees 

23 and the sale of data, which shall be credited to this ac24 count and remain available until September 30, 2018: Pro25 vided, That all funds derived in accordance with 31 U.S.C. 


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1 9701 from organizations established under title XIII of 

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

3 out the purposes of this appropriation: Provided further, 

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

5 2016 from Medicare Advantage organizations pursuant to 

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

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

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

12 further, That of the total amount made available under 

13 this heading, $1,985,823,000 shall be for Program Oper14 ations and $710,533,000 shall be for Federal Administra15 tion: Provided further, That none of the funds made avail16 able under this heading may be used to support the Center 

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

19 Center. 

20 In addition, not more than $385,438,000, shall be de21 rived from offsetting collections through the Clinical Lab22 oratory Improvement Act, Medicare Advantage, and Re23 covery Audit Contractors and shall be credited to this ac24 count and remain available until September 30, 2018: Pro25 vided, That no funds shall be derived from offsetting colVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 lections through fees collected from qualified health plans 

2 offered through an Exchange established under Public 

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

6 1893 of the Social Security Act shall be used only as addi7 tional funds to educate health care providers on how to 

8 appropriately reduce errors, to support the Office of Medi9 care Appeals to reduce its backlog, and to establish a proc10 ess to provide educational feedback from the Office of 

11 Medicare Appeals to the Centers for Medicare and Med12 icaid Services to reduce the claims overturn rate from the 

13 claims that are elevated to the Office of Medicare Appeals. 

14 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

15 In addition to amounts otherwise available for pro16 gram integrity and program management, $681,000,000, 

17 to remain available through September 30, 2018, to be 

18 transferred from the Federal Hospital Insurance Trust 

19 Fund and the Federal Supplementary Medical Insurance 

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

21 Security Act, of which $486,120,000 shall be for the Medi22 care Integrity Program at the Centers for Medicare and 

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

25 Part C and the Medicare Prescription Drug Program 


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

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

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

4 Human Services Office of Inspector General to carry out 

5 fraud and abuse activities authorized by section 

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

7 the Medicaid and Children’s Health Insurance Program 

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

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

10 carry out fraud and abuse activities authorized by section 

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

13 for fiscal year 2017 shall include measures of the oper14 ational efficiency and impact on fraud, waste, and abuse 

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

16 funds provided by this appropriation: Provided further, 

17 That of the amount provided under this heading, 

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

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

20 Deficit Control Act of 1985, as amended, and 

21 $370,000,000 is additional new budget authority specified 

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

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

24 the Senior Medicare Patrol program to combat health care 

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


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1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For carrying out, except as otherwise provided, titles 

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

6 and the Act of July 5, 1960, $3,010,631,000, to remain 

7 available until expended; and for such purposes for the 

8 first quarter of fiscal year 2018, $1,400,000,000, to re9 main available until expended. 

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

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

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

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

14 year for unanticipated costs, incurred for the current fiscal 

15 year, such sums as may be necessary. 

16 LOW INCOME HOME ENERGY ASSISTANCE

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

18 of section 2602 of the Low Income Home Energy Assist19 ance Act of 1981, $3,490,304,000: Provided, That all but 

20 $591,000,000 of this amount shall be allocated as though 

21 the total appropriation for such payments for fiscal year 

22 2017 was less than $1,975,000,000: Provided further, 

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

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

25 $2,988,000 of such amounts may be reserved by the SecVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 retary for technical assistance, training, and monitoring 

2 of program activities for compliance with internal controls, 

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

5 through contracts with private entities that do not qualify 

6 as nonprofit organizations. 

7 REFUGEE AND ENTRANT ASSISTANCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for refugee and entrant as10 sistance activities authorized by section 414 of the Immi11 gration and Nationality Act and section 501 of the Ref12 ugee Education Assistance Act of 1980, and for carrying 

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

14 section 235 of the William Wilberforce Trafficking Victims 

15 Protection Reauthorization Act of 2008, the Trafficking 

16 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor17 ture Victims Relief Act of 1998, $1,674,691,000, of which 

18 $1,645,201,000 shall remain available through September 

19 30, 2019 for carrying out such sections 414, 501, 462, 

20 and 235: Provided, That amounts available under this 

21 heading to carry out the TVPA shall also be available for 

22 research and evaluation with respect to activities under 

23 such Act and for the national communications system 

24 under section 107(b)(1)(B)(ii) of such Act (added under 

25 section 603 of the Justice for Victims of Trafficking Act 


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1 of 2015, P.L. 114-22) to assist victims of severe forms 

2 of trafficking in persons: Provided further, That the limita3 tion in section 205 of this Act regarding transfers increas4 ing any appropriation shall apply to transfers to appro5 priations under this heading by substituting ‘‘10 percent’’ 

6 for ‘‘3 percent’’. 

7 PAYMENTS TO STATES FOR THE CHILD CARE AND

8 DEVELOPMENT BLOCK GRANT

9 For carrying out the Child Care and Development 

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

11 $2,801,000,000 shall be used to supplement, not supplant 

12 State general revenue funds for child care assistance for 

13 low-income families: Provided, That technical assistance 

14 under section 658I(a)(3) of such Act may be provided di15 rectly, or through the use of contracts, grants, cooperative 

16 agreements, or interagency agreements: Provided further, 

17 That all funds made available to carry out section 418 

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

19 funds appropriated for that purpose in such section 418 

20 or any other provision of law, shall be subject to the res21 ervation of funds authority in paragraphs (4) and (5) of 

22 section 658O(a) of the CCDBG Act. 

23 SOCIAL SERVICES BLOCK GRANT

24 For making grants to States pursuant to section 

25 2002 of the Social Security Act, $1,700,000,000: ProVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 vided, That notwithstanding subparagraph (B) of section 

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

3 under such subparagraph for a State to carry out State 

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

5 percent. 

6 CHILDREN AND FAMILIES SERVICES PROGRAMS

7 For carrying out, except as otherwise provided, the 

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

9 the Every Student Succeeds Act, the Child Abuse Preven10 tion and Treatment Act, sections 303 and 313 of the 

11 Family Violence Prevention and Services Act, the Native 

12 American Programs Act of 1974, title II of the Child 

13 Abuse Prevention and Treatment and Adoption Reform 

14 Act of 1978 (adoption opportunities), part B–1 of title IV 

15 and sections 429, 473A, 477(i), 1110, 1114A, and 1115 

16 of the Social Security Act; for making payments under the 

17 Community Services Block Grant Act (‘‘CSBG Act’’), and 

18 the Assets for Independence Act; for necessary adminis19 trative expenses to carry out titles I, IV, V, X, XI, XIV, 

20 XVI, and XX–A of the Social Security Act, the Act of 

21 July 5, 1960, the Low-Income Home Energy Assistance 

22 Act of 1981, title IV of the Immigration and Nationality 

23 Act, and section 501 of the Refugee Education Assistance 

24 Act of 1980; and for the administration of prior year obli25 gations made by the Administration for Children and 


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1 Families under the Developmental Disabilities Assistance 

2 and Bill of Rights Act and the Help America Vote Act 

3 of 2002, $11,382,896,000, of which $37,943,000, to re4 main available through September 30, 2018, shall be for 

5 grants to States for adoption and legal guardianship in6 centive payments, as defined by section 473A of the Social 

7 Security Act and may be made for adoptions completed 

8 before September 30, 2017: Provided, That 

9 $9,309,724,000 shall be for making payments under the 

10 Head Start Act: Provided further, That of the amount in 

11 the previous proviso, $8,639,724,000 shall be available for 

12 payments under section 640 of the Head Start Act, of 

13 which $131,629,000 shall be available for a cost of living 

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

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

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

17 shall be available for allocation by the Secretary to supple18 ment activities described in paragraphs (7)(B) and (9) of 

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

20 System, established under the authority of sections 

21 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Pro22 vided further, That notwithstanding such section 640, of 

23 the amount provided for making payments under the 

24 Head Start Act, and in addition to funds otherwise avail25 able under such section 640, $645,000,000 shall be availVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 able through March 31, 2018 for Early Head Start pro2 grams as described in section 645A of such Act, for con3 version of Head Start services to Early Head Start serv4 ices as described in section 645(a)(5)(A) of such Act, for 

5 discretionary grants for high quality infant and toddler 

6 care through Early Head Start-Child Care Partnerships, 

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

8 such Act, for training and technical assistance for such 

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

10 administration and evaluation, and, notwithstanding sec11 tion 645A(c)(2) of such Act, these funds are available to 

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

13 described in the preceding two provisos shall not be in14 cluded in the calculation of ‘‘base grant’’ in subsequent 

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

16 of such Act: Provided further, That $250,000,000 shall be 

17 available until December 31, 2017 for carrying out sec18 tions 9212 and 9213 of the Every Student Succeeds Act: 

19 Provided further, That up to 3 percent of the funds in 

20 the previous proviso shall be available for technical assist21 ance and evaluation related to grants awarded under such 

22 section 9212: Provided further, That $752,383,000 shall 

23 be for making payments under the CSBG Act: Provided 

24 further, That $37,733,000 shall be for sections 680 and 

25 678E(b)(2) of the CSBG Act, of which not less than 


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1 $29,883,000 shall be for section 680(a)(2) and not less 

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

3 Act: Provided further, That, notwithstanding section 

4 675C(a)(3) of such Act to the extent Community Services 

5 Block Grant funds are distributed as grant funds by a 

6 State to an eligible entity as provided under such Act, and 

7 have not been expended by such entity, they shall remain 

8 with such entity for carryover into the next fiscal year for 

9 expenditure by such entity consistent with program pur10 poses: Provided further, That the Secretary shall establish 

11 procedures regarding the disposition of intangible assets 

12 and program income that permit such assets acquired 

13 with, and program income derived from, grant funds au14 thorized under section 680 of the CSBG Act to become 

15 the sole property of such grantees after a period of not 

16 more than 12 years after the end of the grant period for 

17 any activity consistent with section 680(a)(2)(A) of the 

18 CSBG Act: Provided further, That intangible assets in the 

19 form of loans, equity investments and other debt instru20 ments, and program income may be used by grantees for 

21 any eligible purpose consistent with section 680(a)(2)(A) 

22 of the CSBG Act: Provided further, That these procedures 

23 shall apply to such grant funds made available after No24 vember 29, 1999: Provided further, That funds appro25 priated for section 680(a)(2) of the CSBG Act shall be 


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1 available for financing construction and rehabilitation and 

2 loans or investments in private business enterprises owned 

3 by community development corporations: Provided further, 

4 That the Secretary shall issue performance standards for 

5 entities receiving funds from State and territorial grantees 

6 under the CSBG Act, and such States and territories shall 

7 assure the implementation of such standards prior to Sep8 tember 30, 2017, and include information on such imple9 mentation in the report required by section 678E(2) of 

10 such Act: Provided further, That, to the extent funds for 

11 the Assets for Independence (AFI) Act provided in this 

12 Act are distributed as grant funds to a qualified entity 

13 and have not been expended by such entity within 3 years 

14 after the date of the award, such funds may be recaptured 

15 and, during the fiscal year of such recapture, reallocated 

16 among other qualified entities, to remain available to such 

17 entities for 5 years: Provided further, That, notwith18 standing section 404(5)(A)(i) of such Act, contributions 

19 to an individual development account shall be allowable 

20 through any mechanism allowed by the financial institu21 tion at which the account is held: Provided further, That 

22 $1,864,000 shall be for a human services case manage23 ment system for federally declared disasters, to include a 

24 comprehensive national case management contract and 

25 Federal costs of administering the system: Provided furVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ther, That up to $2,000,000 shall be for improving the 

2 Public Assistance Reporting Information System, includ3 ing grants to States to support data collection for a study 

4 of the system’s effectiveness. 

5 PROMOTING SAFE AND STABLE FAMILIES

6 For carrying out, except as otherwise provided, sec7 tion 436 of the Social Security Act, $325,000,000 and, 

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

9 of such Act, $79,765,000: Provided, That notwithstanding 

10 sections 438(c)(3)(A) and 436(b)(2) of such Act, 

11 $10,000,000 shall be available for such section 436(b)(2), 

12 of which no funds shall be available for carrying out sec13 tions 438(c)(3)(A)(ii) and (iii) of such Act: Provided fur14 ther, That of the funds available to carry out such section 

15 437, $20,000,000 shall be reserved for allotment to Indian 

16 tribes or tribal consortia in accordance with subsection 

17 (c)(1) of such section (in addition to amounts otherwise 

18 reserved for such purpose under subsection (b)(3) of such 

19 section): Provided further, That for the purposes of apply20 ing subsection (b) of such section 437, the amount appro21 priated pursuant to subsection (a) of such section for fis22 cal year 2017 shall be deemed to be $59,765,000: Pro23 vided further, That section 432(b)(2)(B) of such Act shall 

24 not apply to funds provided under this heading for fiscal 

25 year 2017: Provided further, That notwithstanding section 


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1 433(a) of such Act, each Indian tribe or tribal consortium 

2 with an approved plan shall receive an allotment of not 

3 less than $10,000. 

4 PAYMENTS FOR FOSTER CARE AND PERMANENCY

5 For carrying out, except as otherwise provided, title 

6 IV–E of the Social Security Act, $5,764,000,000. 

7 For carrying out, except as otherwise provided, title 

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

9 fiscal year 2018, $2,500,000,000. 

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

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

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

13 current fiscal year for unanticipated costs, incurred for the 

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

15 ADMINISTRATION FOR COMMUNITY LIVING

16 AGING AND DISABILITY SERVICES PROGRAMS

17 (INCLUDING TRANSFER OF FUNDS)

18 For carrying out, to the extent not otherwise pro19 vided, the Older Americans Act of 1965 (‘‘OAA’’), titles 

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

21 of the PHS Act, section 119 of the Medicare Improve22 ments for Patients and Providers Act of 2008, title XX– 

23 B of the Social Security Act, the Developmental Disabil24 ities Assistance and Bill of Rights Act, parts 2 and 5 of 

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


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1 2002, the Assistive Technology Act of 1998, titles II and 

2 VII (and section 14 with respect to such titles) of the Re3 habilitation Act of 1973, and for Department-wide coordi4 nation of policy and program activities that assist individ5 uals with disabilities, $1,929,160,000, together with 

6 $52,115,000 to be transferred from the Federal Hospital 

7 Insurance Trust Fund and the Federal Supplementary 

8 Medical Insurance Trust Fund to carry out section 4360 

9 of the Omnibus Budget Reconciliation Act of 1990: Pro10 vided, That amounts appropriated under this heading may 

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

12 only for disease prevention and health promotion pro13 grams and activities which have been demonstrated 

14 through rigorous evaluation to be evidence-based and ef15 fective: Provided further, That notwithstanding any other 

16 provision of this Act, funds made available under this 

17 heading to carry out section 311 of the OAA may be trans18 ferred to the Secretary of Agriculture in accordance with 

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

20 for competitive grants to support alternative financing 

21 programs that provide for the purchase of assistive tech22 nology devices, such as a low-interest loan fund; an inter23 est buy-down program; a revolving loan fund; a loan guar24 antee; or an insurance program: Provided further, That 

25 applicants shall provide an assurance that, and informaVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 tion describing the manner in which, the alternative fi2 nancing program will expand and emphasize consumer 

3 choice and control: Provided further, That State agencies 

4 and community-based disability organizations that are di5 rected by and operated for individuals with disabilities 

6 shall be eligible to compete: Provided further, That none 

7 of the funds made available under this heading may be 

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

9 the Protection and Advocacy for Individuals with Mental 

10 Illness Act (42 U.S.C. 10802)) to continue to pursue any 

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

12 individual or group of individuals with a developmental 

13 disability (as defined in section 102(8)(A) of the Develop14 mental Disabilities and Assistance and Bill of Rights Act 

15 of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to 

16 a mental impairment (or a combination of mental and 

17 physical impairments), that has as the requested remedy 

18 the closure of State operated intermediate care facilities 

19 for people with intellectual or developmental disabilities, 

20 unless reasonable public notice of the action has been pro21 vided to such individuals (or, in the case of mental inca22 pacitation, the legal guardians who have been specifically 

23 awarded authority by the courts to make healthcare and 

24 residential decisions on behalf of such individuals) who are 

25 affected by such action, within 90 days of instituting such 


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1 legal action, which informs such individuals (or such legal 

2 guardians) of their legal rights and how to exercise such 

3 rights consistent with current Federal Rules of Civil Pro4 cedure: Provided further, That the limitations in the imme5 diately preceding proviso shall not apply in the case of an 

6 individual who is neither competent to consent nor has a 

7 legal guardian, nor shall the proviso apply in the case of 

8 individuals who are a ward of the State or subject to pub9 lic guardianship. 

10 OFFICE OF THE SECRETARY

11 GENERAL DEPARTMENTAL MANAGEMENT

12 For necessary expenses, not otherwise provided, for 

13 general departmental management, including hire of six 

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

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

16 States-Mexico Border Health Commission Act, and re17 search studies under section 1110 of the Social Security 

18 Act, $365,009,000, together with $58,028,000 from the 

19 amounts available under section 241 of the PHS Act to 

20 carry out national health or human services research and 

21 evaluation activities: Provided, That of this amount, 

22 $53,900,000 shall be for minority AIDS prevention and 

23 treatment activities: Provided further, That of the funds 

24 made available under this heading, $20,000,000 shall be 

25 for making competitive grants which exclusively impleVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ment education in sexual risk avoidance (defined as volun2 tarily refraining from non-marital sexual activity): Pro3 vided further, That funding for such competitive grants 

4 for sexual risk avoidance shall use medically accurate in5 formation referenced to peer-reviewed publications by edu6 cational, scientific, governmental, or health organizations; 

7 implement an evidence-based approach integrating re8 search findings with practical implementation that aligns 

9 with the needs and desired outcomes for the intended au10 dience; and teach the benefits associated with self-regula11 tion, success sequencing for poverty prevention, healthy 

12 relationships, goal setting, and resisting sexual coercion, 

13 dating violence, and other youth risk behaviors such as 

14 underage drinking or illicit drug use without normalizing 

15 teen sexual activity: Provided further, That no more than 

16 10 percent of the funding for such competitive grants for 

17 sexual risk avoidance shall be available for technical assist18 ance and administrative costs of such programs: Provided 

19 further, That funds provided in this Act for embryo adop20 tion activities may be used to provide to individuals adopt21 ing embryos, through grants and other mechanisms, med22 ical and administrative services deemed necessary for such 

23 adoptions: Provided further, That such services shall be 

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


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1 OFFICE OF MEDICARE HEARINGS AND APPEALS

2 For expenses necessary for the Office of Medicare 

3 Hearings and Appeals, $107,381,000, to be transferred in 

4 appropriate part from the Federal Hospital Insurance 

5 Trust Fund and the Federal Supplementary Medical In6 surance Trust Fund. 

7 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

8 INFORMATION TECHNOLOGY

9 For expenses necessary for the Office of the National 

10 Coordinator for Health Information Technology, including 

11 grants, contracts, and cooperative agreements for the de12 velopment and advancement of interoperable health infor13 mation technology, $65,367,000. 

14 OFFICE OF INSPECTOR GENERAL

15 For expenses necessary for the Office of Inspector 

16 General, including the hire of passenger motor vehicles for 

17 investigations, in carrying out the provisions of the Inspec18 tor General Act of 1978, $85,000,000: Provided, That of 

19 such amount, necessary sums shall be available for pro20 viding protective services to the Secretary and inves21 tigating non-payment of child support cases for which non22 payment is a Federal offense under 18 U.S.C. 228. 

23 OFFICE FOR CIVIL RIGHTS

24 For expenses necessary for the Office for Civil 

25 Rights, $38,798,000. 


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1 RETIREMENT PAY AND MEDICAL BENEFITS FOR

2 COMMISSIONED OFFICERS

3 For retirement pay and medical benefits of Public 

4 Health Service Commissioned Officers as authorized by 

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

6 Protection Plan and Survivor Benefit Plan, and for med7 ical care of dependents and retired personnel under the 

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

9 required during the current fiscal year. 

10 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

11 FUND

12 For expenses necessary to support activities related 

13 to countering potential biological, nuclear, radiological, 

14 chemical, and cybersecurity threats to civilian populations, 

15 and for other public health emergencies, $959,258,000, of 

16 which $520,000,000 shall remain available through Sep17 tember 30, 2018, for expenses necessary to support ad18 vanced research and development pursuant to section 

19 319L of the PHS Act and other administrative expenses 

20 of the Biomedical Advanced Research and Development 

21 Authority: Provided, That funds provided under this head22 ing for the purpose of acquisition of security counter23 measures shall be in addition to any other funds available 

24 for such purpose: Provided further, That products pur25 chased with funds provided under this heading may, at 


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1 the discretion of the Secretary, be deposited in the Stra2 tegic National Stockpile pursuant to section 319F–2 of 

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

4 amounts made available to support emergency operations 

5 shall remain available through September 30, 2019. 

6 For expenses necessary for procuring security coun7 termeasures (as defined in section 319F–2(c)(1)(B) of the 

8 PHS Act), $600,000,000, to remain available until ex9 pended. 

10 For an additional amount for expenses necessary to 

11 prepare for or respond to an influenza pandemic, 

12 $72,000,000; of which $40,000,000 shall be available until 

13 expended, for activities including the development and 

14 purchase of vaccine, antivirals, necessary medical supplies, 

15 diagnostics, and other surveillance tools: Provided, That 

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

17 may be used for the construction or renovation of privately 

18 owned facilities for the production of pandemic influenza 

19 vaccines and other biologics, if the Secretary finds such 

20 construction or renovation necessary to secure sufficient 

21 supplies of such vaccines or biologics. 

22 GENERAL PROVISIONS

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

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


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1 and representation expenses when specifically approved by 

2 the Secretary. 

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

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

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

6 of Executive Level II. 

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

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

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

10 for other taps and assessments made by any office located 

11 in HHS, prior to the preparation and submission of a re12 port by the Secretary to the Committees on Appropria13 tions of the House of Representatives and the Senate de14 tailing the planned uses of such funds. 

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

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

17 but not more than 2.4 percent, of any amounts appro18 priated for programs authorized under such Act shall be 

19 made available for the evaluation (directly, or by grants 

20 or contracts) and the implementation and effectiveness of 

21 programs funded in this title. 

22 (TRANSFER OF FUNDS)

23 SEC. 205. Not to exceed 1 percent of any discre24 tionary funds (pursuant to the Balanced Budget and 

25 Emergency Deficit Control Act of 1985) which are approVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 priated for the current fiscal year for HHS in this Act 

2 may be transferred between appropriations, but no such 

3 appropriation shall be increased by more than 3 percent 

4 by any such transfer: Provided, That the transfer author5 ity granted by this section shall not be used to create any 

6 new program or to fund any project or activity for which 

7 no funds are provided in this Act: Provided further, That 

8 the Committees on Appropriations of the House of Rep9 resentatives and the Senate are notified at least 15 days 

10 in advance of any transfer. 

11 SEC. 206. In lieu of the timeframe specified in section 

12 338E(c)(2) of the PHS Act, terminations described in 

13 such section may occur up to 60 days after the execution 

14 of a contract awarded in fiscal year 2017 under section 

15 338B of such Act. 

16 SEC. 207. None of the funds appropriated in this Act 

17 may be made available to any entity under title X of the 

18 PHS Act unless the applicant for the award certifies to 

19 the Secretary that it encourages family participation in 

20 the decision of minors to seek family planning services and 

21 that it provides counseling to minors on how to resist at22 tempts to coerce minors into engaging in sexual activities. 

23 SEC. 208. Notwithstanding any other provision of 

24 law, no provider of services under title X of the PHS Act 

25 shall be exempt from any State law requiring notification 


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1 or the reporting of child abuse, child molestation, sexual 

2 abuse, rape, or incest. 

3 SEC. 209. None of the funds appropriated by this Act 

4 (including funds appropriated to any trust fund) may be 

5 used to carry out the Medicare Advantage program if the 

6 Secretary denies participation in such program to an oth7 erwise eligible entity (including a Provider Sponsored Or8 ganization) because the entity informs the Secretary that 

9 it will not provide, pay for, provide coverage of, or provide 

10 referrals for abortions: Provided, That the Secretary shall 

11 make appropriate prospective adjustments to the capita12 tion payment to such an entity (based on an actuarially 

13 sound estimate of the expected costs of providing the serv14 ice to such entity’s enrollees): Provided further, That noth15 ing in this section shall be construed to change the Medi16 care program’s coverage for such services and a Medicare 

17 Advantage organization described in this section shall be 

18 responsible for informing enrollees where to obtain infor19 mation about all Medicare covered services. 

20 SEC. 210. None of the funds made available in this 

21 title may be used, in whole or in part, to advocate or pro22 mote gun control. 

23 SEC. 211. The Secretary shall make available through 

24 assignment not more than 60 employees of the Public 

25 Health Service to assist in child survival activities and to 


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1 work in AIDS programs through and with funds provided 

2 by the Agency for International Development, the United 

3 Nations International Children’s Emergency Fund or the 

4 World Health Organization. 

5 SEC. 212. In order for HHS to carry out inter6 national health activities, including HIV/AIDS and other 

7 infectious disease, chronic and environmental disease, and 

8 other health activities abroad during fiscal year 2017: 

9 (1) The Secretary may exercise authority equiv10 alent to that available to the Secretary of State in 

11 section 2(c) of the State Department Basic Authori12 ties Act of 1956. The Secretary shall consult with 

13 the Secretary of State and relevant Chief of Mission 

14 to ensure that the authority provided in this section 

15 is exercised in a manner consistent with section 207 

16 of the Foreign Service Act of 1980 and other appli17 cable statutes administered by the Department of 

18 State. 

19 (2) The Secretary is authorized to provide such 

20 funds by advance or reimbursement to the Secretary 

21 of State as may be necessary to pay the costs of ac22 quisition, lease, alteration, renovation, and manage23 ment of facilities outside of the United States for 

24 the use of HHS. The Department of State shall co25 operate fully with the Secretary to ensure that HHS 


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1 has secure, safe, functional facilities that comply 

2 with applicable regulation governing location, set3 back, and other facilities requirements and serve the 

4 purposes established by this Act. The Secretary is 

5 authorized, in consultation with the Secretary of 

6 State, through grant or cooperative agreement, to 

7 make available to public or nonprofit private institu8 tions or agencies in participating foreign countries, 

9 funds to acquire, lease, alter, or renovate facilities in 

10 those countries as necessary to conduct programs of 

11 assistance for international health activities, includ12 ing activities relating to HIV/AIDS and other infec13 tious diseases, chronic and environmental diseases, 

14 and other health activities abroad. 

15 (3) The Secretary is authorized to provide to 

16 personnel appointed or assigned by the Secretary to 

17 serve abroad, allowances and benefits similar to 

18 those provided under chapter 9 of title I of the For19 eign Service Act of 1980, and 22 U.S.C. 4081 

20 through 4086 and subject to such regulations pre21 scribed by the Secretary. The Secretary is further 

22 authorized to provide locality-based comparability 

23 payments (stated as a percentage) up to the amount 

24 of the locality-based comparability payment (stated 

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1 sonnel under section 5304 of title 5, United States 

2 Code if such personnel’s official duty station were in 

3 the District of Columbia. Leaves of absence for per4 sonnel under this subsection shall be on the same 

5 basis as that provided under subchapter I of chapter 

6 63 of title 5, United States Code, or section 903 of 

7 the Foreign Service Act of 1980, to individuals serv8 ing in the Foreign Service. 

9 (TRANSFER OF FUNDS)

10 SEC. 213. The Director of the NIH, jointly with the 

11 Director of the Office of AIDS Research, may transfer up 

12 to 3 percent among institutes and centers from the total 

13 amounts identified by these two Directors as funding for 

14 research pertaining to the human immunodeficiency virus: 

15 Provided, That the Committees on Appropriations of the 

16 House of Representatives and the Senate are notified at 

17 least 15 days in advance of any transfer. 

18 (TRANSFER OF FUNDS)

19 SEC. 214. Of the amounts made available in this Act 

20 for NIH, the amount for research related to the human 

21 immunodeficiency virus, as jointly determined by the Di22 rector of NIH and the Director of the Office of AIDS Re23 search, shall be made available to the ‘‘Office of AIDS 

24 Research’’ account. The Director of the Office of AIDS 


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1 Research shall transfer from such account amounts nec2 essary to carry out section 2353(d)(3) of the PHS Act. 

3 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

4 other provision of law, the Director of NIH (‘‘Director’’) 

5 may use funds available under section 402(b)(7) or 

6 402(b)(12) of the PHS Act to enter into transactions 

7 (other than contracts, cooperative agreements, or grants) 

8 to carry out research identified pursuant to such section 

9 402(b)(7) (pertaining to the Common Fund) or research 

10 and activities described in such section 402(b)(12). 

11 (b) PEER REVIEW.—In entering into transactions 

12 under subsection (a), the Director may utilize such peer 

13 review procedures (including consultation with appropriate 

14 scientific experts) as the Director determines to be appro15 priate to obtain assessments of scientific and technical 

16 merit. Such procedures shall apply to such transactions 

17 in lieu of the peer review and advisory council review pro18 cedures that would otherwise be required under sections 

19 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

20 and 494 of the PHS Act. 

21 SEC. 216. Not to exceed $45,000,000 of funds appro22 priated by this Act to the institutes and centers of the 

23 National Institutes of Health may be used for alteration, 

24 repair, or improvement of facilities, as necessary for the 


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1 proper and efficient conduct of the activities authorized 

2 herein, at not to exceed $3,500,000 per project. 

3 (TRANSFER OF FUNDS)

4 SEC. 217. Of the amounts made available for NIH, 

5 1 percent of the amount made available for National Re6 search Service Awards (‘‘NRSA’’) shall be made available 

7 to the Administrator of the Health Resources and Services 

8 Administration to make NRSA awards for research in pri9 mary medical care to individuals affiliated with entities 

10 who have received grants or contracts under sections 736, 

11 739, or 747 of the PHS Act, and 1 percent of the amount 

12 made available for NRSA shall be made available to the 

13 Director of the Agency for Healthcare Research and Qual14 ity to make NRSA awards for health service research. 

15 SEC. 218. In addition to amounts provided herein, 

16 payments made for research organisms or substances, au17 thorized under section 301(a) of the PHS Act, shall be 

18 retained and credited to the appropriations accounts of the 

19 Institutes and Centers of the NIH making the substance 

20 or organism available under section 301(a). Amounts cred21 ited to the account under this authority shall be available 

22 for obligation through September 30, 2018. 

23 SEC. 219. (a) The Biomedical Advanced Research 

24 and Development Authority (‘‘BARDA’’) may enter into 

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1 gram years, for purchase of research services or of security 

2 countermeasures, as that term is defined in section 319F– 

3 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

4 if— 

5 (1) funds are available and obligated— 

6 (A) for the full period of the contract or 

7 for the first fiscal year in which the contract is 

8 in effect; and 

9 (B) for the estimated costs associated with 

10 a necessary termination of the contract; and 

11 (2) the Secretary determines that a multi-year 

12 contract will serve the best interests of the Federal 

13 Government by encouraging full and open competi14 tion or promoting economy in administration, per15 formance, and operation of BARDA’s programs. 

16 (b) A contract entered into under this section— 

17 (1) shall include a termination clause as de18 scribed by subsection (c) of section 3903 of title 41, 

19 United States Code; and 

20 (2) shall be subject to the congressional notice 

21 requirement stated in subsection (d) of such section. 

22 SEC. 220. (a) The Secretary shall establish a publicly 

23 accessible Web site to provide information regarding the 

24 uses of funds made available under section 4002 of the 


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1 Patient Protection and Affordable Care Act of 2010 

2 (‘‘ACA’’). 

3 (b) With respect to funds provided under section 

4 4002 of the ACA, the Secretary shall include on the Web 

5 site established under subsection (a) at a minimum the 

6 following information: 

7 (1) In the case of each transfer of funds under 

8 section 4002(c), a statement indicating the program 

9 or activity receiving funds, the operating division or 

10 office that will administer the funds, and the 

11 planned uses of the funds, to be posted not later 

12 than the day after the transfer is made. 

13 (2) Identification (along with a link to the full 

14 text) of each funding opportunity announcement, re15 quest for proposals, or other announcement or solici16 tation of proposals for grants, cooperative agree17 ments, or contracts intended to be awarded using 

18 such funds, to be posted not later than the day after 

19 the announcement or solicitation is issued. 

20 (3) Identification of each grant, cooperative 

21 agreement, or contract with a value of $25,000 or 

22 more awarded using such funds, including the pur23 pose of the award and the identity of the recipient, 

24 to be posted not later than 5 days after the award 

25 is made. 


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1 (4) A report detailing the uses of all funds 

2 transferred under section 4002(c) during the fiscal 

3 year, to be posted not later than 90 days after the 

4 end of the fiscal year. 

5 (c) With respect to awards made in fiscal years 2013 

6 through 2017, the Secretary shall also include on the Web 

7 site established under subsection (a), semi-annual reports 

8 from each entity awarded a grant, cooperative agreement, 

9 or contract from such funds with a value of $25,000 or 

10 more, summarizing the activities undertaken and identi11 fying any sub-grants or sub-contracts awarded (including 

12 the purpose of the award and the identity of the recipient), 

13 to be posted not later than 30 days after the end of each 

14 6-month period. 

15 (d) In carrying out this section, the Secretary shall— 

16 (1) present the information required in sub17 section (b)(1) on a single webpage or on a single 

18 database; 

19 (2) ensure that all information required in this 

20 section is directly accessible from the single webpage 

21 or database; and 

22 (3) ensure that all information required in this 

23 section is able to be organized by program or State. 


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1 (TRANSFER OF FUNDS)

2 SEC. 221. (a) Within 45 days of enactment of this 

3 Act, the Secretary shall transfer funds appropriated under 

4 section 4002 of the ACA to the accounts specified, in the 

5 amounts specified, and for the activities specified under 

6 the heading ‘‘Prevention and Public Health Fund’’ in the 

7 committee report accompanying this Act. 

8 (b) Notwithstanding section 4002(c) of the ACA, the 

9 Secretary may not further transfer these amounts. 

10 (c) Funds transferred for activities authorized under 

11 section 2821 of the PHS Act shall be made available with12 out reference to section 2821(b) of such Act. 

13 SEC. 222. (a) The Secretary shall publish in the fiscal 

14 year 2018 budget justification and on Departmental Web 

15 sites information concerning the employment of full-time 

16 equivalent Federal employees or contractors for the pur17 poses of implementing, administering, enforcing, or other18 wise carrying out the provisions of the ACA, and the 

19 amendments made by that Act, in the proposed fiscal year 

20 and each fiscal year since the enactment of the ACA. 

21 (b) With respect to employees or contractors sup22 ported by all funds appropriated for purposes of carrying 

23 out the ACA (and the amendments made by that Act), 

24 the Secretary shall include, at a minimum, the following 

25 information: 


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1 (1) For each such fiscal year, the section of 

2 such Act under which such funds were appropriated, 

3 a statement indicating the program, project, or ac4 tivity receiving such funds, the Federal operating di5 vision or office that administers such program, and 

6 the amount of funding received in discretionary or 

7 mandatory appropriations. 

8 (2) For each such fiscal year, the number of 

9 full-time equivalent employees or contracted employ10 ees assigned to each authorized and funded provision 

11 detailed in accordance with paragraph (1). 

12 (c) In carrying out this section, the Secretary may 

13 exclude from the report employees or contractors who— 

14 (1) are supported through appropriations en15 acted in laws other than the ACA and work on pro16 grams that existed prior to the passage of the ACA; 

17 (2) spend less than 50 percent of their time on 

18 activities funded by or newly authorized in the ACA; 

19 or 

20 (3) work on contracts for which FTE reporting 

21 is not a requirement of their contract, such as fixed22 price contracts. 

23 SEC. 223. The Secretary shall publish, as part of the 

24 fiscal year 2018 budget of the President submitted under 

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1 tion that details the uses of all funds used by the Centers 

2 for Medicare and Medicaid Services specifically for Health 

3 Insurance Exchanges for each fiscal year since the enact4 ment of the ACA and the proposed uses for such funds 

5 for fiscal year 2018. Such information shall include, for 

6 each such fiscal year, the amount of funds used for each 

7 activity specified under the heading ‘‘Health Insurance 

8 Exchange Transparency’’committee report accompanying 

9 this Act. 

10 SEC. 224. (a) The Secretary shall provide to the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate: 

13 (1) Detailed monthly enrollment figures from 

14 the Exchanges established under the Patient Protec15 tion and Affordable Care Act of 2010 pertaining to 

16 enrollments during the open enrollment period; and 

17 (2) Notification of any new or competitive grant 

18 awards, including supplements, authorized under 

19 section 330 of the Public Health Service Act. 

20 (b) The Committees on Appropriations of the House 

21 and Senate must be notified at least 2 business days in 

22 advance of any public release of enrollment information 

23 or the award of such grants. 

24 SEC. 225. None of the funds made available by this 

25 Act from the Federal Hospital Insurance Trust Fund or 


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1 the Federal Supplemental Medical Insurance Trust Fund, 

2 or transferred from other accounts funded by this Act to 

3 the ‘‘Centers for Medicare and Medicaid Services—Pro4 gram Management’’ account, may be used for payments 

5 under section 1342(b)(1) of Public Law 111–148 (relating 

6 to risk corridors). 

7 (RESCISSION)

8 SEC. 226. (a) The ‘‘Nonrecurring expenses fund’’ es9 tablished in section 223 of division G of Public Law 110– 

10 161 is terminated, the amount of expired discretionary 

11 funds available for reappropriation by transfer into such 

12 Fund under such section is reduced to $0, and the unobli13 gated balance of amounts available in such Fund is re14 scinded. 

15 (b) Section 223 of division G of Public Law 110–161 

16 is repealed. 

17 (c) Subsections (a) and (b) shall take effect on Octo18 ber 1, 2016. 

19 SEC. 227. Notwithstanding any other provision of 

20 law, none of the discretionary funds appropriated by this 

21 Act may be used to support any patient-centered outcomes 

22 research. 

23 SEC. 228. None of the funds appropriated in this Act 

24 may be used to carry out title X of the PHS Act. 


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1 SEC. 229. None of the funds appropriated in this Act 

2 may be used to implement, further, enforce, or advance 

3 the Navigators program as provided under Section 1311(i) 

4 of Public Law 111–148 and title I and subtitle B of title 

5 II of Public Law 111–152. 

6 SEC. 230. The Secretary shall include in the fiscal 

7 year 2018 budget justification an analysis of how section 

8 2713 of the PHS Act will impact eligibility for discre9 tionary HHS programs. 

10 (TRANSFER OF FUNDS)

11 SEC. 231. There is established in the Treasury a re12 serve fund to be known as the ‘‘Infectious Diseases Rapid 

13 Response Reserve Fund’’ (the ‘‘Reserve Fund’’): Provided, 

14 That of the funds provided under the heading ‘‘CDC-Wide 

15 Activities and Program Support’’, up to $300,000,000, to 

16 remain available until expended, shall be available to the 

17 Director of the Centers for Disease Control and Preven18 tion (the ‘‘CDC’’) for deposit in the Reserve Fund: Pro19 vided further, That amounts in the Reserve Fund shall re20 main available until expended to carry out titles II, III, 

21 and XVII of the PHS Act to prevent, prepare for, or re22 spond to an infectious disease emergency under this sec23 tion, including, in connection with such activities, to pur24 chase or lease and provide for the insurance of passenger 

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1 vided further, That amounts in the Reserve Fund may only 

2 be provided for an infectious disease emergency if the in3 fectious disease emergency (1) is declared by the Secretary 

4 of Health and Human Services under section 319 of the 

5 PHS Act; or (2) as determined by the Secretary, has sig6 nificant potential to imminently occur and potential, on 

7 occurrence, to affect national security or the health and 

8 security of United States citizens, domestically or inter9 nationally: Provided further, That amounts in the Reserve 

10 Fund may be transferred by the Director of the CDC to 

11 other accounts of the CDC, to accounts of the National 

12 Institutes of Health, or to the Public Health and Social 

13 Services Emergency Fund, to be merged with such ac14 counts or Fund for the purposes provided in this section: 

15 Provided further, That the Committees on Appropriations 

16 of the House of Representatives and the Senate shall be 

17 notified at least 15 days prior to any transfer or obligation 

18 made under the authority provided in this section, includ19 ing notification on the anticipated uses of such funds by 

20 program, project or activity: Provided further, That the 

21 Committees on Appropriations of the House of Represent22 atives and the Senate shall receive a report not later than 

23 30 days after the end of each quarter in a fiscal year on 

24 the unobligated balances in the Reserve Fund and all ac25 tual obligations incurred for that fiscal year, including obVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ligations by program, project or activity: Provided further, 

2 That amounts in the Reserve Fund shall be in addition 

3 to amounts otherwise available to the Department of 

4 Health and Human Services for the purposes provided in 

5 this section: Provided further, That the transfer authori6 ties in this section are in addition to any transfer author7 ity otherwise available to the Department of Health and 

8 Human Services: Provided further, That products pur9 chased using amounts in the Reserve Fund may, at the 

10 discretion of the Secretary of Health and Human Services, 

11 be deposited in the Strategic National Stockpile under sec12 tion 319F–2 of the PHS Act: Provided further, That this 

13 section shall be in effect as of the date of the enactment 

14 of this Act through each fiscal year hereafter. 

15 SEC. 232. Effective during the period beginning on 

16 November 1, 2015 and ending January 1, 2019, any pro17 vision of law that refers (including through cross-reference 

18 to another provision of law) to the current recommenda19 tions of the United States Preventive Services Task Force 

20 with respect to breast cancer screening, mammography, 

21 and prevention shall be administered by the Secretary in22 volved as if— 

23 (1) such reference to such current recommenda24 tions were a reference to the recommendations of 

25 such Task Force with respect to breast cancer 


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1 screening, mammography, and prevention last issued 

2 before 2009; and 

3 (2) such recommendations last issued before 

4 2009 applied to any screening mammography modal5 ity under section 1861(jj) of the Social Security Act 

6 (42 U.S.C. 1395x(jj)). 

7 This title may be cited as the ‘‘Department of Health 

8 and Human Services Appropriations Act, 2017’’. 

9 TITLE III 

10 DEPARTMENT OF EDUCATION 

11 EDUCATION FOR THE DISADVANTAGED

12 For carrying out title I and subpart 2 of part B of 

13 title II of the Elementary and Secondary Education Act 

14 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

15 418A of the Higher Education Act of 1965 (referred to 

16 in this Act as ‘‘HEA’’), $15,986,790,000, of which 

17 $4,897,006,000 shall become available on July 1, 2017, 

18 and shall remain available through September 30, 2018, 

19 and of which $11,041,177,000 shall become available on 

20 October 1, 2017, and shall remain available through Sep21 tember 30, 2018, for academic year 2017–2018: Provided, 

22 That $6,909,401,000 shall be for basic grants under sec23 tion 1124 of the ESEA: Provided further, That up to 

24 $3,984,000 of these funds shall be available to the Sec25 retary of Education (referred to in this title as ‘‘SecVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 retary’’) on October 1, 2016, to obtain annually updated 

2 local educational agency-level census poverty data from 

3 the Bureau of the Census: Provided further, That 

4 $1,362,301,000 shall be for concentration grants under 

5 section 1124A of the ESEA: Provided further, That 

6 $3,544,050,000 shall be for targeted grants under section 

7 1125 of the ESEA: Provided further, That 

8 $3,544,050,000 shall be for education finance incentive 

9 grants under section 1125A of the ESEA: Provided fur10 ther, That $160,000,000 shall be for carrying out subpart 

11 2 of part B of title II: Provided further, That $44,623,000 

12 shall be for carrying out section 418A of the HEA. 

13 IMPACT AID

14 For carrying out programs of financial assistance to 

15 federally affected schools authorized by title VII of the 

16 ESEA, $1,328,603,000, of which $1,191,233,000 shall be 

17 for basic support payments under section 7003(b), 

18 $48,316,000 shall be for payments for children with dis19 abilities under section 7003(d), $17,406,000, to remain 

20 available for obligation through September 30, 2018, shall 

21 be for construction under section 7007 (b), $66,813,000 

22 shall be for Federal property payments under section 

23 7002, and $4,835,000, to remain available until expended, 

24 shall be for facilities maintenance under section 7008: 

25 Provided, That for purposes of computing the amount of 


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1 a payment for an eligible local educational agency under 

2 section 7003(a) for school year 2016–2017, children en3 rolled in a school of such agency that would otherwise be 

4 eligible for payment under section 7003(a)(1)(B) of such 

5 Act, but due to the deployment of both parents or legal 

6 guardians, or a parent or legal guardian having sole cus7 tody of such children, or due to the death of a military 

8 parent or legal guardian while on active duty (so long as 

9 such children reside on Federal property as described in 

10 section 7003(a)(1)(B)), are no longer eligible under such 

11 section, shall be considered as eligible students under such 

12 section, provided such students remain in average daily 

13 attendance at a school in the same local educational agen14 cy they attended prior to their change in eligibility status. 

15 SCHOOL IMPROVEMENT PROGRAMS

16 For carrying out school improvement activities au17 thorized by part B of title I, part A of title II, subpart 

18 1 of part A of title IV, part B of title IV, part B of title 

19 V, and parts B and C of title VI of the ESEA; the McKin20 ney-Vento Homeless Assistance Act; section 203 of the 

21 Educational Technical Assistance Act of 2002; the Com22 pact of Free Association Amendments Act of 2003; and 

23 the Civil Rights Act of 1964, $4,799,912,000, of which 

24 $2,980,902,000 shall become available on July 1, 2017, 

25 and remain available through September 30, 2018, and 


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1 of which $1,681,441,000 shall become available on Octo2 ber 1, 2017, and shall remain available through September 

3 30, 2018, for academic year 2017–2018: Provided, That 

4 $300,000,000 shall be for part B of title I: Provided fur5 ther, That $33,397,000 shall be for part B of the title 

6 VI: Provided further, That $32,453,000 shall be for part 

7 C of title VI: Provided further, That $48,445,000 shall be 

8 available to carry out section 203 of the Educational Tech9 nical Assistance Act of 2002 and the Secretary shall make 

10 such arrangements as determined to be necessary to en11 sure that the Bureau of Indian Education has access to 

12 services provided under this section: Provided further, 

13 That $16,699,000 shall be available to carry out the Sup14 plemental Education Grants program for the Federated 

15 States of Micronesia and the Republic of the Marshall Is16 lands: Provided further, That the Secretary may reserve 

17 up to 5 percent of the amount referred to in the previous 

18 proviso to provide technical assistance in the implementa19 tion of these grants: Provided further, That $175,840,000 

20 shall be for part B of title V: Provided further, That 

21 $1,166,673,000 shall be for part B of title IV. 

22 INDIAN EDUCATION

23 For expenses necessary to carry out, to the extent 

24 not otherwise provided, title VI, part A of the ESEA, 

25 $174,939,000, of which $67,993,000 shall be for subpart 


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1 2 of part A of title VI and $6,565,000 shall be for subpart 

2 3 of part A of title VI. 

3 INNOVATION AND IMPROVEMENT

4 For carrying out activities authorized by subparts 1, 

5 3 and 4 of part B of title II, and part C and subpart 

6 4 of part F of title IV of the ESEA, $632,938,000: Pro7 vided, That $262,025,000 shall be for subparts 1, 3 and 

8 4 of part B of title II and shall be made available without 

9 regard to sections 2201, 2231(b), and 2241: Provided fur10 ther, That the funds available for part C and subpart 4 

11 of part F of title IV shall be available without regard to 

12 sections 4311 and 4601: Provided further, That of the 

13 funds available for part C of title IV, the Secretary shall 

14 use not less than $26,000,000 to carry out section 4304, 

15 of which not more than $10,000,000 shall be available to 

16 carry out section 4304(k), not more than $60,000,000 to 

17 carry out section 4305(b), and not less than $16,000,000 

18 to carry out the activities in section 4305(a)(3). 

19 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

20 For carrying out activities authorized by subpart 2 

21 of part F of title IV of the ESEA, $73,254,000. 

22 ENGLISH LANGUAGE ACQUISITION

23 For carrying out part A of title III of the ESEA, 

24 $737,400,000, which shall become available on July 1, 

25 2017, and shall remain available through September 30, 


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1 2018, except that 6.5 percent of such amount shall be 

2 available on October 1, 2016, and shall remain available 

3 through September 30, 2018, to carry out activities under 

4 section 3111(c)(1)(C). 

5 SPECIAL EDUCATION

6 For carrying out the Individuals with Disabilities 

7 Education Act (IDEA) and the Special Olympics Sport 

8 and Empowerment Act of 2004, $13,406,517,000, of 

9 which $3,956,259,000 shall become available on July 1, 

10 2017, and shall remain available through September 30, 

11 2018, and of which $9,283,383,000 shall become available 

12 on October 1, 2017, and shall remain available through 

13 September 30, 2018, for academic year 2017–2018: Pro14 vided, That the amount for section 611(b)(2) of the IDEA 

15 shall be equal to the lesser of the amount available for 

16 that activity during fiscal year 2016, increased by the 

17 amount of inflation as specified in section 619(d)(2)(B) 

18 of the IDEA, or the percent change in the funds appro19 priated under section 611(i) of the IDEA, but not less 

20 than the amount for that activity during fiscal year 2016: 

21 Provided further, That the Secretary shall, without regard 

22 to section 611(d) of the IDEA, distribute to all other 

23 States (as that term is defined in section 611(g)(2)), sub24 ject to the third proviso, any amount by which a State’s 

25 allocation under section 611(d), from funds appropriated 


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1 under this heading, is reduced under section 

2 612(a)(18)(B), according to the following: 85 percent on 

3 the basis of the States’ relative populations of children 

4 aged 3 through 21 who are of the same age as children 

5 with disabilities for whom the State ensures the avail6 ability of a free appropriate public education under this 

7 part, and 15 percent to States on the basis of the States’ 

8 relative populations of those children who are living in pov9 erty: Provided further, That the Secretary may not dis10 tribute any funds under the previous proviso to any State 

11 whose reduction in allocation from funds appropriated 

12 under this heading made funds available for such a dis13 tribution: Provided further, That the States shall allocate 

14 such funds distributed under the second proviso to local 

15 educational agencies in accordance with section 611(f): 

16 Provided further, That the amount by which a State’s allo17 cation under section 611(d) of the IDEA is reduced under 

18 section 612(a)(18)(B) and the amounts distributed to 

19 States under the previous provisos in fiscal year 2012 or 

20 any subsequent year shall not be considered in calculating 

21 the awards under section 611(d) for fiscal year 2013 or 

22 for any subsequent fiscal years: Provided further, That, 

23 notwithstanding the provision in section 612(a)(18)(B) re24 garding the fiscal year in which a State’s allocation under 

25 section 611(d) is reduced for failure to comply with the 


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1 requirement of section 612(a)(18)(A), the Secretary may 

2 apply the reduction specified in section 612(a)(18)(B) over 

3 a period of consecutive fiscal years, not to exceed five, 

4 until the entire reduction is applied: Provided further, 

5 That the Secretary may, in any fiscal year in which a 

6 State’s allocation under section 611 is reduced in accord7 ance with section 612(a)(18)(B), reduce the amount a 

8 State may reserve under section 611(e)(1) by an amount 

9 that bears the same relation to the maximum amount de10 scribed in that paragraph as the reduction under section 

11 612(a)(18)(B) bears to the total allocation the State 

12 would have received in that fiscal year under section 

13 611(d) in the absence of the reduction: Provided further, 

14 That the Secretary shall either reduce the allocation of 

15 funds under section 611 for any fiscal year following the 

16 fiscal year for which the State fails to comply with the 

17 requirement of section 612(a)(18)(A) as authorized by 

18 section 612(a)(18)(B), or seek to recover funds under sec19 tion 452 of the General Education Provisions Act (20 

20 U.S.C. 1234a): Provided further, That the funds reserved 

21 under 611(c) of the IDEA may be used to provide tech22 nical assistance to States to improve the capacity of the 

23 States to meet the data collection requirements of sections 

24 616 and 618 and to administer and carry out other serv25 ices and activities to improve data collection, coordination, 


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1 quality, and use under parts B and C of the IDEA: Pro2 vided further, That the Secretary may use funds made 

3 available for the State Personnel Development Grants pro4 gram under part D, subpart 1 of IDEA to evaluate pro5 gram performance under such subpart. 

6 REHABILITATION SERVICES

7 For carrying out, to the extent not otherwise pro8 vided, the Rehabilitation Act of 1973 and the Helen Keller 

9 National Center Act, $3,534,027,000, of which 

10 $3,398,554,000 shall be for grants for vocational rehabili11 tation services under title I of the Rehabilitation Act. 

12 SPECIAL INSTITUTIONS FOR PERSONS WITH

13 DISABILITIES

14 AMERICAN PRINTING HOUSE FOR THE BLIND

15 For carrying out the Act to promote the Education 

16 of the Blind of March 3, 1879, $25,431,000. 

17 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

18 For the National Technical Institute for the Deaf 

19 under titles I and II of the Education of the Deaf Act 

20 of 1986, $70,016,000: Provided, That from the total 

21 amount available, the Institute may at its discretion use 

22 funds for the endowment program as authorized under 

23 section 207 of such Act. 


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1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

3 the Model Secondary School for the Deaf, and the partial 

4 support of Gallaudet University under titles I and II of 

5 the Education of the Deaf Act of 1986, $121,275,000: 

6 Provided, That from the total amount available, the Uni7 versity may at its discretion use funds for the endowment 

8 program as authorized under section 207 of such Act. 

9 CAREER, TECHNICAL, AND ADULT EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, the Carl D. Perkins Career and Technical Edu12 cation Act of 2006 and the Adult Education and Family 

13 Literacy Act (‘‘AEFLA’’), $1,720,686,000, of which 

14 $929,686,000 shall become available on July 1, 2017, and 

15 shall remain available through September 30, 2018, and 

16 of which $791,000,000 shall become available on October 

17 1, 2017, and shall remain available through September 30, 

18 2018: Provided, That of the amounts made available for 

19 AEFLA, $13,712,000 shall be for national leadership ac20 tivities under section 242. 

21 STUDENT FINANCIAL ASSISTANCE

22 For carrying out subparts 1, 3, and 10 of part A, 

23 and part C of title IV of the HEA, $22,888,210,000, 

24 which shall remain available through September 30, 2018. 


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1 The maximum Pell Grant for which a student shall 

2 be eligible during award year 2017–2018 shall be $4,860. 

3 STUDENT AID ADMINISTRATION

4 For Federal administrative expenses to carry out part 

5 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

6 parts B, C, D, and E of title IV of the HEA, and subpart 

7 1 of part A of title VII of the Public Health Service Act, 

8 $1,551,854,000, to remain available through September 

9 30, 2018: Provided, That the Secretary shall, allocate new 

10 student loan borrower accounts to eligible student loan 

11 servicers on the basis of their performance compared to 

12 all loan servicers utilizing established common metrics, 

13 and on the basis of the capacity of each servicer to process 

14 new and existing accounts. 

15 HIGHER EDUCATION

16 For carrying out, to the extent not otherwise pro17 vided, titles III, IV, V, VI, and VII of the HEA, the Mu18 tual Educational and Cultural Exchange Act of 1961, and 

19 section 117 of the Carl D. Perkins Career and Technical 

20 Education Act of 2006, $1,976,666,000: Provided, That 

21 notwithstanding any other provision of law, funds made 

22 available in this Act to carry out title VI of the HEA and 

23 section 102(b)(6) of the Mutual Educational and Cultural 

24 Exchange Act of 1961 may be used to support visits and 

25 study in foreign countries by individuals who are particiVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 pating in advanced foreign language training and inter2 national studies in areas that are vital to United States 

3 national security and who plan to apply their language 

4 skills and knowledge of these countries in the fields of gov5 ernment, the professions, or international development: 

6 Provided further, That of the funds referred to in the pre7 ceding proviso up to 1 percent may be used for program 

8 evaluation, national outreach, and information dissemina9 tion activities: Provided further, That up to 1.5 percent 

10 of the funds made available under chapter 2 of subpart 

11 2 of part A of title IV of the HEA may be used for evalua12 tion. 

13 HOWARD UNIVERSITY

14 For partial support of Howard University, 

15 $221,821,000, of which not less than $3,405,000 shall be 

16 for a matching endowment grant pursuant to the Howard 

17 University Endowment Act and shall remain available 

18 until expended. 

19 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

20 PROGRAM

21 For Federal administrative expenses to carry out ac22 tivities related to existing facility loans pursuant to section 

23 121 of the HEA, $435,000. 


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1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

2 CAPITAL FINANCING PROGRAM ACCOUNT

3 For the cost of guaranteed loans, $20,150,000, as au4 thorized pursuant to part D of title III of the HEA, which 

5 shall remain available through September 30, 2018: Pro6 vided, That such costs, including the cost of modifying 

7 such loans, shall be as defined in section 502 of the Con8 gressional Budget Act of 1974: Provided further, That 

9 these funds are available to subsidize total loan principal, 

10 any part of which is to be guaranteed, not to exceed 

11 $282,212,885: Provided further, That these funds may be 

12 used to support loans to public and private Historically 

13 Black Colleges and Universities without regard to the limi14 tations within section 344(a) of the HEA. 

15 In addition, for administrative expenses to carry out 

16 the Historically Black College and University Capital Fi17 nancing Program entered into pursuant to part D of title 

18 III of the HEA, $334,000. 

19 INSTITUTE OF EDUCATION SCIENCES

20 For carrying out activities authorized by the Edu21 cation Sciences Reform Act of 2002, the National Assess22 ment of Educational Progress Authorization Act, section 

23 208 of the Educational Technical Assistance Act of 2002, 

24 and section 664 of the Individuals with Disabilities Edu25 cation Act, $536,049,000, which shall remain available 


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1 through September 30, 2018: Provided, That funds avail2 able to carry out section 208 of the Educational Technical 

3 Assistance Act may be used to link Statewide elementary 

4 and secondary data systems with early childhood, postsec5 ondary, and workforce data systems, or to further develop 

6 such systems: Provided further, That up to $6,000,000 of 

7 the funds available to carry out section 208 of the Edu8 cational Technical Assistance Act may be used for awards 

9 to public or private organizations or agencies to support 

10 activities to improve data coordination, quality, and use 

11 at the local, State, and national levels. 

12 DEPARTMENTAL MANAGEMENT

13 PROGRAM ADMINISTRATION

14 For carrying out, to the extent not otherwise pro15 vided, the Department of Education Organization Act, in16 cluding rental of conference rooms in the District of Co17 lumbia and hire of three passenger motor vehicles, 

18 $432,000,000, of which up to $1,000,000, to remain avail19 able until expended, may be for relocation of, and renova20 tion of buildings occupied by, Department staff. 

21 OFFICE FOR CIVIL RIGHTS

22 For expenses necessary for the Office for Civil 

23 Rights, as authorized by section 203 of the Department 

24 of Education Organization Act, $100,000,000. 


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1 OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General, as authorized by section 212 of the Department 

4 of Education Organization Act, $59,256,000. 

5 GENERAL PROVISIONS

6 SEC. 301. No funds appropriated in this Act may be 

7 used for the transportation of students or teachers (or for 

8 the purchase of equipment for such transportation) in 

9 order to overcome racial imbalance in any school or school 

10 system, or for the transportation of students or teachers 

11 (or for the purchase of equipment for such transportation) 

12 in order to carry out a plan of racial desegregation of any 

13 school or school system. 

14 SEC. 302. None of the funds contained in this Act 

15 shall be used to require, directly or indirectly, the trans16 portation of any student to a school other than the school 

17 which is nearest the student’s home, except for a student 

18 requiring special education, to the school offering such 

19 special education, in order to comply with title VI of the 

20 Civil Rights Act of 1964. For the purpose of this section 

21 an indirect requirement of transportation of students in22 cludes the transportation of students to carry out a plan 

23 involving the reorganization of the grade structure of 

24 schools, the pairing of schools, or the clustering of schools, 

25 or any combination of grade restructuring, pairing, or 


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1 clustering. The prohibition described in this section does 

2 not include the establishment of magnet schools. 

3 SEC. 303. No funds appropriated in this Act may be 

4 used to prevent the implementation of programs of vol5 untary prayer and meditation in the public schools. 

6 (TRANSFER OF FUNDS)

7 SEC. 304. Not to exceed 1 percent of any discre8 tionary funds (pursuant to the Balanced Budget and 

9 Emergency Deficit Control Act of 1985) which are appro10 priated for the Department of Education in this Act may 

11 be transferred between appropriations, but no such appro12 priation shall be increased by more than 3 percent by any 

13 such transfer: Provided, That the transfer authority 

14 granted by this section shall not be used to create any 

15 new program or to fund any project or activity for which 

16 no funds are provided in this Act: Provided further, That 

17 the Committees on Appropriations of the House of Rep18 resentatives and the Senate are notified at least 15 days 

19 in advance of any transfer. 

20 SEC. 305. Section 105(f)(1)(B)(ix) of the Compact 

21 of Free Association Amendments Act of 2003 (48 U.S.C. 

22 1921d(f)(1)(B)(ix)) shall be applied by substituting 

23 ‘‘2017’’ for ‘‘2016’’. 

24 SEC. 306. Funds appropriated in this Act and con25 solidated for evaluation purposes under section 8601(c) of 


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1 the ESEA shall be available from July 1, 2017 through 

2 September 30, 2018. 

3 SEC. 307. (a) An institution of higher education that 

4 maintains an endowment fund supported with funds ap5 propriated for title III or V of the HEA for fiscal year 

6 2017 may use the income from that fund to award schol7 arships to students, subject to the limitation in section 

8 331(c)(3)(B)(i) of the HEA. The use of such income for 

9 such purposes, prior to the enactment of this Act, shall 

10 be considered to have been an allowable use of that in11 come, subject to that limitation. 

12 (b) Subsection (a) shall be in effect until titles III 

13 and V of the HEA are reauthorized. 

14 SEC. 308. Section 114(f) of the HEA (20 U.S.C. 

15 1011c(f)) is amended by striking ‘‘2016’’ and inserting 

16 ‘‘2017’’. 

17 SEC. 309. Section 458(a) of the HEA (20 U.S.C. 

18 1087h(a)) is amended in paragraph (4) by striking 

19 ‘‘2016’’ and inserting ‘‘2017’’. 

20 SEC. 310. None of the funds made available by this 

21 Act may be used to— 

22 (1) implement, administer or enforce section 

23 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or 

24 668.43(b) of title 34, Code of Federal Regulations 

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1 ed by the final regulations published by the Depart2 ment of Education in the Federal Register on Octo3 ber 29, 2010 (75 Fed. Reg. 66832 et. seq.); 

4 (2) implement, administer, or enforce the final 

5 regulations on Program Integrity: Gainful Employ6 ment published by the Department of Education on 

7 October 31, 2014 (79 Fed. Reg. 64889 et seq.); 

8 (3) promulgate or enforce any new regulation 

9 or rule with respect to the definition or application 

10 of the term gainful employment under the Higher 

11 Education Act of 1965 on or after the date of enact12 ment of this Act; 

13 (4) promulgate, implement, administer, or en14 force the proposed rule establishing a teacher prepa15 ration program accountability system as published 

16 by the Department of Education in the Federal Reg17 ister on December 3, 2014 (79 Fed. Reg. 71819 et 

18 seq.), or any new regulation or rule with respect to 

19 a teacher preparation program accountability sys20 tem; 

21 (5) implement, administer, or enforce the defi22 nition of the term credit hour in section 600.2 of 

23 title 34, Code of Federal Regulations, as added by 

24 the final regulations published by the Department of 

25 Education in the Federal Register on October 29, 


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1 2010 (75 Fed. Reg. 66946) and clauses (i)(A), (ii), 

2 and (iii) of subsection (k)(2) of section 668.8 of 

3 such title, as amended by such final regulations; or 

4 (6) promulgate or enforce any new regulation 

5 or rule with respect to the definition or application 

6 of the term credit hour under the Higher Education 

7 Act of 1965 on or after the date of enactment of 

8 this Act. 

9 SEC. 311. None of the funds made available by this 

10 Act to the Department of Education may be used to with11 hold Federal financial assistance to public educational in12 stitutions for alleged violations described in the letter 

13 dated May 13, 2016, issued jointly by the Department of 

14 Justice and the Department of Education, or substantially 

15 similar alleged violations, until such violations have been 

16 generally recognized by appropriate courts of the United 

17 States in final and unappealable judgments (including the 

18 exhaustion of or expiration of the time for any appeals), 

19 and such alleged violations have been determined by the 

20 applicable court to have occurred. 

21 This title may be cited as the ‘‘Department of Edu22 cation Appropriations Act, 2017’’. 


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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 under section 8502 of title 41, United States 

9 Code, $8,597,000: Provided, That in order to authorize 

10 any central nonprofit agency designated pursuant to sec11 tion 8503(c) of title 41, United States Code, to perform 

12 contract requirements of the Committee as prescribed 

13 under section 51–3.2 of title 41, Code of Federal Regula14 tions, the Committee shall enter into a written agreement 

15 with any such central nonprofit agency: Provided further, 

16 That such agreement entered into under the preceding 

17 proviso shall contain such auditing, oversight, and report18 ing provisions as necessary to implement chapter 85 of 

19 title 41, United States Code: Provided further, That such 

20 agreement shall include the elements listed under this 

21 heading in the explanatory statement accompanying Pub22 lic Law 114-113: Provided further, That a fee may not 

23 be charged under section 51–3.5 of title 41, Code of Fed24 eral Regulations, unless such fee is under the terms of 

25 the written agreement between the Committee and any 


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1 such central nonprofit agency: Provided further, That no 

2 less than $1,000,000 shall be available for the Office of 

3 Inspector General. 

4 ADMINISTRATIVE PROVISION

5 SEC. 401. Not later than 30 days after the end of 

6 each fiscal year quarter, the Committee For Purchase 

7 From People Who Are Blind or Severely Disabled shall 

8 submit to the Committees on Oversight and Government 

9 Reform and Education and the Workforce of the House 

10 of Representatives, the Committees on Homeland Security 

11 and Governmental Affairs and Health, Education, Labor, 

12 and Pensions of the Senate, and the Committees on Ap13 propriations of the House of Representatives and the Sen14 ate, the reports described under the heading ‘‘Committee 

15 For Purchase From People Who Are Blind or Severely 

16 Disabled—Requested Reports’’ in the committee report 

17 accompanying this Act. 

18 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

19 OPERATING EXPENSES

20 For necessary expenses for the Corporation for Na21 tional and Community Service (referred to in this title as 

22 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

23 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

24 National and Community Service Act of 1990 (referred 

25 to in this title as ‘‘1990 Act’’), $787,929,000, notwithVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

2 501(a)(4)(F) of the 1990 Act: Provided, That of the 

3 amounts provided under this heading: (1) up to 1 percent 

4 of program grant funds may be used to defray the costs 

5 of conducting grant application reviews, including the use 

6 of outside peer reviewers and electronic management of 

7 the grants cycle; (2) $50,000,000 shall be available for 

8 expenses to carry out section 198K of the 1990 Act; (3) 

9 $16,038,000 shall be available to provide assistance to 

10 State commissions on national and community service, 

11 under section 126(a) of the 1990 Act and notwithstanding 

12 section 501(a)(5)(B) of the 1990 Act; (4) $30,000,000 

13 shall be available to carry out subtitle E of the 1990 Act; 

14 and (5) $3,800,000 shall be available for expenses author15 ized under section 501(a)(4)(F) of the 1990 Act, which, 

16 notwithstanding the provisions of section 198P shall be 

17 awarded by CNCS on a competitive basis: Provided fur18 ther, That for the purposes of carrying out the 1990 Act, 

19 satisfying the requirements in section 122(c)(1)(D) may 

20 include a determination of need by the local community: 

21 Provided further, That not to exceed 20 percent of funds 

22 made available under section 198K of the 1990 Act may 

23 be used for Social Innovation Fund Pilot Program-related 

24 performance-based awards for Pay for Success projects 

25 and shall remain available through September 30, 2018: 


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1 Provided further, That, with respect to the previous pro2 viso, any funds obligated for such projects shall remain 

3 available for disbursement until expended, notwith4 standing 31 U.S.C. 1552(a): Provided further, That any 

5 funds deobligated from projects under section 198K of the 

6 1990 Act shall immediately be available for activities au7 thorized under section 198K of such Act. 

8 PAYMENT TO THE NATIONAL SERVICE TRUST

9 (INCLUDING TRANSFER OF FUNDS)

10 For payment to the National Service Trust estab11 lished under subtitle D of title I of the 1990 Act, 

12 $205,792,000, to remain available until expended: Pro13 vided, That CNCS may transfer additional funds from the 

14 amount provided within ‘‘Operating Expenses’’ allocated 

15 to grants under subtitle C of title I of the 1990 Act to 

16 the National Service Trust upon determination that such 

17 transfer is necessary to support the activities of national 

18 service participants and after notice is transmitted to the 

19 Committees on Appropriations of the House of Represent20 atives and the Senate: Provided further, That amounts ap21 propriated for or transferred to the National Service Trust 

22 may be invested under section 145(b) of the 1990 Act 

23 without regard to the requirement to apportion funds 

24 under 31 U.S.C. 1513(b). 


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1 SALARIES AND EXPENSES

2 For necessary expenses of administration as provided 

3 under section 501(a)(5) of the 1990 Act and under section 

4 504(a) of the 1973 Act, including payment of salaries, au5 thorized travel, hire of passenger motor vehicles, the rental 

6 of conference rooms in the District of Columbia, the em7 ployment of experts and consultants authorized under 5 

8 U.S.C. 3109, and not to exceed $2,500 for official recep9 tion and representation expenses, $81,737,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

12 General in carrying out the Inspector General Act of 1978, 

13 $6,300,000. 

14 ADMINISTRATIVE PROVISIONS

15 SEC. 402. CNCS shall make any significant changes 

16 to program requirements, service delivery or policy only 

17 through public notice and comment rulemaking. For fiscal 

18 year 2017, during any grant selection process, an officer 

19 or employee of CNCS shall not knowingly disclose any cov20 ered grant selection information regarding such selection, 

21 directly or indirectly, to any person other than an officer 

22 or employee of CNCS that is authorized by CNCS to re23 ceive such information. 

24 SEC. 403. AmeriCorps programs receiving grants 

25 under the National Service Trust program shall meet an 


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1 overall minimum share requirement of 24 percent for the 

2 first 3 years that they receive AmeriCorps funding, and 

3 thereafter shall meet the overall minimum share require4 ment as provided in section 2521.60 of title 45, Code of 

5 Federal Regulations, without regard to the operating costs 

6 match requirement in section 121(e) or the member sup7 port Federal share limitations in section 140 of the 1990 

8 Act, and subject to partial waiver consistent with section 

9 2521.70 of title 45, Code of Federal Regulations. 

10 SEC. 404. Donations made to CNCS under section 

11 196 of the 1990 Act for the purposes of financing pro12 grams and operations under titles I and II of the 1973 

13 Act or subtitle B, C, D, or E of title I of the 1990 Act 

14 shall be used to supplement and not supplant current pro15 grams and operations. 

16 SEC. 405. In addition to the requirements in section 

17 146(a) of the 1990 Act, use of an educational award for 

18 the purpose described in section 148(a)(4) shall be limited 

19 to individuals who are veterans as defined under section 

20 101 of the Act. 

21 SEC. 406. For the purpose of carrying out section 

22 189D of the 1990 Act— 

23 (1) entities described in paragraph (a) of such 

24 section shall be considered ‘‘qualified entities’’ under 


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1 section 3 of the National Child Protection Act of 

2 1993 (‘‘NCPA’’); and 

3 (2) individuals described in such section shall 

4 be considered ‘‘volunteers’’ under section 3 of 

5 NCPA; and 

6 (3) State Commissions on National and Com7 munity Service established pursuant to section 178 

8 of the 1990 Act, are authorized to receive criminal 

9 history record information, consistent with Public 

10 Law 92–544. 

11 CORPORATION FOR PUBLIC BROADCASTING

12 For payment to the Corporation for Public Broad13 casting (‘‘CPB’’), as authorized by the Communications 

14 Act of 1934, an amount which shall be available within 

15 limitations specified by that Act, for the fiscal year 2019, 

16 $445,000,000: Provided, That none of the funds made 

17 available to CPB by this Act shall be used to pay for re18 ceptions, parties, or similar forms of entertainment for 

19 Government officials or employees: Provided further, That 

20 none of the funds made available to CPB by this Act shall 

21 be available or used to aid or support any program or ac22 tivity from which any person is excluded, or is denied ben23 efits, or is discriminated against, on the basis of race, 

24 color, national origin, religion, or sex: Provided further, 

25 That none of the funds made available to CPB by this 


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1 Act shall be used to apply any political test or qualification 

2 in selecting, appointing, promoting, or taking any other 

3 personnel action with respect to officers, agents, and em4 ployees of CPB: Provided further, That none of the funds 

5 made available to CPB by this Act shall be used to support 

6 the Television Future Fund or any similar purpose. 

7 In addition, for the costs associated with replacing 

8 and upgrading the public broadcasting interconnection 

9 system, $10,000,000. 

10 FEDERAL MEDIATION AND CONCILIATION SERVICE

11 SALARIES AND EXPENSES

12 For expenses necessary for the Federal Mediation 

13 and Conciliation Service (‘‘Service’’) to carry out the func14 tions vested in it by the Labor-Management Relations Act, 

15 1947, including hire of passenger motor vehicles; for ex16 penses necessary for the Labor-Management Cooperation 

17 Act of 1978; and for expenses necessary for the Service 

18 to carry out the functions vested in it by the Civil Service 

19 Reform Act, $46,488,000, including up to $750,000 to re20 main available through September 30, 2018, for activities 

21 authorized by the Labor-Management Cooperation Act of 

22 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

23 fees charged, up to full-cost recovery, for special training 

24 activities and other conflict resolution services and tech25 nical assistance, including those provided to foreign govVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 ernments and international organizations, and for arbitra2 tion services shall be credited to and merged with this ac3 count, and shall remain available until expended: Provided 

4 further, That fees for arbitration services shall be available 

5 only for education, training, and professional development 

6 of the agency workforce: Provided further, That the Direc7 tor of the Service is authorized to accept and use on behalf 

8 of the United States gifts of services and real, personal, 

9 or other property in the aid of any projects or functions 

10 within the Director’s jurisdiction. 

11 FEDERAL MINE SAFETY AND HEALTH REVIEW

12 COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary for the Federal Mine Safety 

15 and Health Review Commission, $17,184,000. 

16 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

17 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

18 AND ADMINISTRATION

19 For carrying out the Museum and Library Services 

20 Act of 1996 and the National Museum of African Amer21 ican History and Culture Act, $230,000,000. 


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1 MEDICAID AND CHIP PAYMENT AND ACCESS

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary to carry out section 1900 of 

5 the Social Security Act, $7,000,000. 

6 MEDICARE PAYMENT ADVISORY COMMISSION

7 SALARIES AND EXPENSES

8 For expenses necessary to carry out section 1805 of 

9 the Social Security Act, $12,000,000, to be transferred to 

10 this appropriation from the Federal Hospital Insurance 

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

13 NATIONAL COUNCIL ON DISABILITY

14 SALARIES AND EXPENSES

15 For expenses necessary for the National Council on 

16 Disability as authorized by title IV of the Rehabilitation 

17 Act of 1973, $3,250,000. 

18 NATIONAL LABOR RELATIONS BOARD

19 SALARIES AND EXPENSES

20 For expenses necessary for the National Labor Rela21 tions Board to carry out the functions vested in it by the 

22 Labor-Management Relations Act, 1947, and other laws, 

23 $215,000,000: Provided, That no part of this appropria24 tion shall be available to organize or assist in organizing 

25 agricultural laborers or used in connection with investigaVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 tions, hearings, directives, or orders concerning bargaining 

2 units composed of agricultural laborers as referred to in 

3 section 2(3) of the Act of July 5, 1935, and as amended 

4 by the Labor-Management Relations Act, 1947, and as de5 fined in section 3(f) of the Act of June 25, 1938, and 

6 including in said definition employees engaged in the 

7 maintenance and operation of ditches, canals, reservoirs, 

8 and waterways when maintained or operated on a mutual, 

9 nonprofit basis and at least 95 percent of the water stored 

10 or supplied thereby is used for farming purposes. 

11 ADMINISTRATIVE PROVISIONS

12 SEC. 407. None of the funds provided by this Act 

13 or previous Acts making appropriations for the National 

14 Labor Relations Board may be used to issue any new ad15 ministrative directive or regulation that would provide em16 ployees any means of voting through any electronic means 

17 in an election to determine a representative for the pur18 poses of collective bargaining. 

19 SEC. 408. None of the funds made available by this 

20 Act may be used to implement or enforce any rule amend21 ing parts 101, 102, and 103 of title 29, Code of Federal 

22 Regulations (relating to the filing and processing of peti23 tions pursuant to the representation of employees for the 

24 purposes of collective bargaining with their employer), in25 cluding the final rule published by the National Labor ReVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 lations Board in the Federal Register on December 15, 

2 2014 (79 Fed. Reg. 74308). 

3 SEC. 409. (a) None of the funds made available by 

4 this Act may be used to enforce the National Labor Rela5 tions Act (29 U.S.C. 152) against any Indian tribe, includ6 ing any enterprise or institution owned and operated by 

7 an Indian tribe and located on its Indian lands. 

8 (b) For purposes of this section— 

9 (1) the term ‘‘Indian tribe’’ means any Indian 

10 tribe, band, nation, pueblo, Native Alaskan group, or 

11 other organized group or community which is recog12 nized as eligible for the special programs and serv13 ices provided by the United States to Indians be14 cause of their status as Indians; 

15 (2) the term ‘‘Indian’’ means any individual 

16 who is a member of an Indian tribe; and 

17 (3) the term ‘‘Indian lands’ ’’ means— 

18 (A) all lands within the limits of any In19 dian reservation; 

20 (B) any lands title to which is either held 

21 in trust by the United States for the benefit of 

22 any Indian tribe or individual or held by any 

23 Indian tribe or individual subject to restriction 

24 by the United States against alienation; and 


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1 (C) any lands in the State of Oklahoma 

2 that are within the boundaries of a former res3 ervation (as defined by the Secretary of the In4 terior) of a federally recognized Indian tribe. 

5 SEC. 410. None of the funds made available by this 

6 Act may be used to investigate, issue, enforce or litigate 

7 any administrative directive, regulation, representation 

8 issue or unfair labor practice proceeding or any other ad9 ministrative complaint, charge, claim or proceeding that 

10 would change the interpretation or application of the 

11 standard to determine whether entities are ‘‘joint employ12 ers’’ in effect as of January 1, 2014. 

13 SEC. 411. 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 section 103.30 of 

24 title 34, Code of Federal Regulations for employers cur25 rently covered by such rules. Further, no funds in this 


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1 Act shall be used to implement, create, apply or enforce 

2 through prosecution, adjudication, rulemaking, or the 

3 issuing of any interpretation, opinion, certification, deci4 sion or policy, any standard for initial bargaining unit de5 terminations that utilize the overwhelming community of 

6 interest test except in accretion 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, $13,300,000. 

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, $12,975,000. 

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, $25,000,000, which shall include 

22 amounts becoming available in fiscal year 2017 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, 2018, 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) and 

17 1131(b)(2) of the Social Security Act, $11,400,000. 

18 SUPPLEMENTAL SECURITY INCOME PROGRAM

19 For carrying out titles XI and XVI of the Social Se20 curity Act, section 401 of Public Law 92–603, section 212 

21 of Public Law 93–66, as amended, and section 405 of 

22 Public Law 95–216, including payment to the Social Secu23 rity trust funds for administrative expenses incurred pur24 suant to section 201(g)(1) of the Social Security Act, 

25 $43,162,469,000, to remain available until expended: ProVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 vided, That any portion of the funds provided to a State 

2 in the current fiscal year and not obligated by the State 

3 during that year shall be returned to the Treasury: Pro4 vided further, That not more than $58,000,000 shall be 

5 available for research and demonstrations under sections 

6 1110, 1115, and 1144 of the Social Security Act, and re7 main available through September 30, 2019. 

8 For making, after June 15 of the current fiscal year, 

9 benefit payments to individuals under title XVI of the So10 cial Security Act, for unanticipated costs incurred for the 

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

12 For making benefit payments under title XVI of the 

13 Social Security Act for the first quarter of fiscal year 

14 2018, $15,000,000,000, to remain available until ex15 pended. 

16 LIMITATION ON ADMINISTRATIVE EXPENSES

17 For necessary expenses, including the hire of two pas18 senger motor vehicles, and not to exceed $20,000 for offi19 cial reception and representation expenses, not more than 

20 $10,348,945,000 may be expended, as authorized by sec21 tion 201(g)(1) of the Social Security Act, from any one 

22 or all of the trust funds referred to in such section: Pro23 vided, That not less than $2,300,000 shall be for the So24 cial Security Advisory Board: Provided further, That unob25 ligated balances of funds provided under this paragraph 


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1 at the end of fiscal year 2017 not needed for fiscal year 

2 2017 shall remain available until expended to invest in the 

3 Social Security Administration information technology 

4 and telecommunications hardware and software infra5 structure, including related equipment and administrative 

6 expenses associated with information technology and tele7 communications infrastructure: Provided further, That the 

8 Commissioner of Social Security shall notify the Commit9 tees on Appropriations of the House of Representatives 

10 and the Senate prior to making unobligated balances 

11 available under the authority in the previous proviso: Pro12 vided further, That reimbursement to the trust funds 

13 under this heading for expenditures for official time for 

14 employees of the Social Security Administration pursuant 

15 to 5 U.S.C. 7131, and for facilities or support services 

16 for labor organizations pursuant to policies, regulations, 

17 or procedures referred to in section 7135(b) of such title 

18 shall be made by the Secretary of the Treasury, with inter19 est, from amounts in the general fund not otherwise ap20 propriated, as soon as possible after such expenditures are 

21 made. 

22 In addition, for the costs associated with continuing 

23 disability reviews under titles II and XVI of the Social 

24 Security Act, including work related continuing disability 

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1 ices demonstrate an individual’s ability to engage in sub2 stantial gainful activity for the cost associated with con3 ducting redeterminations of eligibility under title XVI of 

4 the Social Security Act, for the cost of co-operative dis5 ability investigations units, and for the cost associated 

6 with the Special Assistant United States Attorneys pro7 gram which helps prosecute fraud cases in the programs 

8 and operations of the Social Security Administration, 

9 $1,426,000,000 may be expended, as authorized by sec10 tion 201(g)(1) of the Social Security Act, from any one 

11 or all of the trust funds referred to therein: Provided, 

12 That, of such amount, $273,000,000 is provided to meet 

13 the terms of section 251(b)(2)(B)(ii)(III) of the Balanced 

14 Budget and Emergency Deficit Control Act of 1985, as 

15 amended, and $1,153,000,000 is additional new budget 

16 authority specified for purposes of section 251(b)(2)(B) 

17 of such Act: Provided further, That the Commissioner 

18 shall provide to the Congress (at the conclusion of the fis19 cal year) a report on the obligation and expenditure of 

20 these funds, similar to the reports that were required by 

21 section 103(d)(2) of Public Law 104–121 for fiscal years 

22 1996 through 2002. 

23 In addition, $123,000,000 to be derived from admin24 istration fees in excess of $5.00 per supplementary pay25 ment collected pursuant to section 1616(d) of the Social 


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1 Security Act or section 212(b)(3) of Public Law 93–66, 

2 which shall remain available until expended. To the extent 

3 that the amounts collected pursuant to such sections in 

4 fiscal year 2017 exceed $123,000,000, the amounts shall 

5 be available in fiscal year 2018 only to the extent provided 

6 in advance in appropriations Acts. 

7 In addition, up to $1,000,000 to be derived from fees 

8 collected pursuant to section 303(c) of the Social Security 

9 Protection Act, which shall remain available until ex10 pended. 

11 OFFICE OF INSPECTOR GENERAL

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses necessary for the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978, $29,787,000, together with not to 

16 exceed $75,713,000, to be transferred and expended as 

17 authorized by section 201(g)(1) of the Social Security Act 

18 from the Federal Old-Age and Survivors Insurance Trust 

19 Fund and the Federal Disability Insurance Trust Fund. 

20 In addition, an amount not to exceed 3 percent of 

21 the total provided in this appropriation may be transferred 

22 from the ‘‘Limitation on Administrative Expenses’’, Social 

23 Security Administration, to be merged with this account, 

24 to be available for the time and purposes for which this 

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1 fers shall be transmitted promptly to the Committees on 

2 Appropriations of the House of Representatives and the 

3 Senate at least 15 days in advance of any transfer. 

4 TITLE V 

5 GENERAL PROVISIONS 

6 (TRANSFER OF FUNDS)

7 SEC. 501. The Secretaries of Labor, Health and 

8 Human Services, and Education are authorized to transfer 

9 unexpended balances of prior appropriations to accounts 

10 corresponding to current appropriations provided in this 

11 Act. Such transferred balances shall be used for the same 

12 purpose, and for the same periods of time, for which they 

13 were originally appropriated. 

14 SEC. 502. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 503. (a) No part of any appropriation contained 

18 in this Act or transferred pursuant to section 4002 of 

19 Public Law 111–148 shall be used, other than for normal 

20 and recognized executive-legislative relationships, for pub21 licity or propaganda purposes, for the preparation, dis22 tribution, or use of any kit, pamphlet, booklet, publication, 

23 electronic communication, radio, television, or video pres24 entation designed to support or defeat the enactment of 

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1 lature or legislative body, except in presentation to the 

2 Congress or any State or local legislature itself, or de3 signed to support or defeat any proposed or pending regu4 lation, administrative action, or order issued by the execu5 tive branch of any State or local government, except in 

6 presentation to the executive branch of any State or local 

7 government itself. 

8 (b) No part of any appropriation contained in this 

9 Act or transferred pursuant to section 4002 of Public Law 

10 111–148 shall be used to pay the salary or expenses of 

11 any grant or contract recipient, or agent acting for such 

12 recipient, related to any activity designed to influence the 

13 enactment of legislation, appropriations, regulation, ad14 ministrative action, or Executive order proposed or pend15 ing before the Congress or any State government, State 

16 legislature or local legislature or legislative body, other 

17 than for normal and recognized executive-legislative rela18 tionships or participation by an agency or officer of a 

19 State, local or tribal government in policymaking and ad20 ministrative processes within the executive branch of that 

21 government. 

22 (c) The prohibitions in subsections (a) and (b) shall 

23 include any activity to advocate or promote any proposed, 

24 pending or future Federal, State or local tax increase, or 

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1 tion on any legal consumer product, including its sale or 

2 marketing, including but not limited to the advocacy or 

3 promotion of gun control. 

4 SEC. 504. The Secretaries of Labor and Education 

5 are authorized to make available not to exceed $28,000 

6 and $20,000, respectively, from funds available for sala7 ries and expenses under titles I and III, respectively, for 

8 official reception and representation expenses; the Direc9 tor of the Federal Mediation and Conciliation Service is 

10 authorized to make available for official reception and rep11 resentation expenses not to exceed $5,000 from the funds 

12 available for ‘‘Federal Mediation and Conciliation Service, 

13 Salaries and Expenses’’; and the Chairman of the Na14 tional Mediation Board is authorized to make available for 

15 official reception and representation expenses not to ex16 ceed $5,000 from funds available for ‘‘National Mediation 

17 Board, Salaries and Expenses’’. 

18 SEC. 505. When issuing statements, press releases, 

19 requests for proposals, bid solicitations and other docu20 ments describing projects or programs funded in whole or 

21 in part with Federal money, all grantees receiving Federal 

22 funds included in this Act, including but not limited to 

23 State and local governments and recipients of Federal re24 search grants, shall clearly state— 


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1 (1) the percentage of the total costs of the pro2 gram or project which will be financed with Federal 

3 money; 

4 (2) the dollar amount of Federal funds for the 

5 project or program; and 

6 (3) percentage and dollar amount of the total 

7 costs of the project or program that will be financed 

8 by non-governmental sources. 

9 SEC. 506. (a) None of the funds appropriated in this 

10 Act, and none of the funds in any trust fund to which 

11 funds are appropriated in this Act, shall be expended for 

12 any abortion. 

13 (b) None of the funds appropriated in this Act, and 

14 none of the funds in any trust fund to which funds are 

15 appropriated in this Act, shall be expended for health ben16 efits coverage that includes coverage of abortion. 

17 (c) The term ‘‘health benefits coverage’’ means the 

18 package of services covered by a managed care provider 

19 or organization pursuant to a contract or other arrange20 ment. 

21 SEC. 507. (a) The limitations established in the pre22 ceding section shall not apply to an abortion— 

23 (1) if the pregnancy is the result of an act of 

24 rape or incest; or 


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1 (2) in the case where a woman suffers from a 

2 physical disorder, physical injury, or physical illness, 

3 including a life-endangering physical condition 

4 caused by or arising from the pregnancy itself, that 

5 would, as certified by a physician, place the woman 

6 in danger of death unless an abortion is performed. 

7 (b) Nothing in the preceding section shall be con8 strued as prohibiting the expenditure by a State, locality, 

9 entity, or private person of State, local, or private funds 

10 (other than a State’s or locality’s contribution of Medicaid 

11 matching funds). 

12 (c) Nothing in the preceding section shall be con13 strued as restricting the ability of any managed care pro14 vider from offering abortion coverage or the ability of a 

15 State or locality to contract separately with such a pro16 vider for such coverage with State funds (other than a 

17 State’s or locality’s contribution of Medicaid matching 

18 funds). 

19 (d)(1) None of the funds made available in this Act 

20 may be made available to a Federal agency or program, 

21 or to a State or local government, if such agency, program, 

22 or government subjects any institutional or individual 

23 health care entity to discrimination on the basis that the 

24 health care entity does not provide, pay for, provide cov25 erage of, or refer for abortions. 


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1 (2) In this subsection, the term ‘‘health care entity’’ 

2 includes an individual physician or other health care pro3 fessional, a hospital, a provider-sponsored organization, a 

4 health maintenance organization, a health insurance plan, 

5 or any other kind of health care facility, organization, or 

6 plan. 

7 SEC. 508. (a) None of the funds made available in 

8 this Act may be used for— 

9 (1) the creation of a human embryo or embryos 

10 for research purposes; or 

11 (2) research in which a human embryo or em12 bryos are destroyed, discarded, or knowingly sub13 jected to risk of injury or death greater than that 

14 allowed for research on fetuses in utero under 45 

15 CFR 46.204(b) and section 498(b) of the Public 

16 Health Service Act (42 U.S.C. 289g(b)). 

17 (b) For purposes of this section, the term ‘‘human 

18 embryo or embryos’’ includes any organism, not protected 

19 as a human subject under 45 CFR 46 as of the date of 

20 the enactment of this Act, that is derived by fertilization, 

21 parthenogenesis, cloning, or any other means from one or 

22 more human gametes or human diploid cells. 

23 SEC. 509. (a) None of the funds made available in 

24 this Act may be used for any activity that promotes the 

25 legalization of any drug or other substance included in 


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1 schedule I of the schedules of controlled substances estab2 lished under section 202 of the Controlled Substances Act 

3 except for normal and recognized executive-congressional 

4 communications. 

5 (b) The limitation in subsection (a) shall not apply 

6 when there is significant medical evidence of a therapeutic 

7 advantage to the use of such drug or other substance or 

8 that federally sponsored clinical trials are being conducted 

9 to determine therapeutic advantage. 

10 SEC. 510. None of the funds made available in this 

11 Act may be used to promulgate or adopt any final stand12 ard under section 1173(b) of the Social Security Act pro13 viding for, or providing for the assignment of, a unique 

14 health identifier for an individual (except in an individ15 ual’s capacity as an employer or a health care provider), 

16 until legislation is enacted specifically approving the 

17 standard. 

18 SEC. 511. None of the funds made available in this 

19 Act may be obligated or expended to enter into or renew 

20 a contract with an entity if— 

21 (1) such entity is otherwise a contractor with 

22 the United States and is subject to the requirement 

23 in 38 U.S.C. 4212(d) regarding submission of an 

24 annual report to the Secretary of Labor concerning 

25 employment of certain veterans; and 


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1 (2) such entity has not submitted a report as 

2 required by that section for the most recent year for 

3 which such requirement was applicable to such enti4 ty. 

5 SEC. 512. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriation Act. 

10 SEC. 513. None of the funds made available by this 

11 Act to carry out the Library Services and Technology Act 

12 may be made available to any library covered by para13 graph (1) of section 224(f) of such Act, as amended by 

14 the Children’s Internet Protection Act, unless such library 

15 has made the certifications required by paragraph (4) of 

16 such section. 

17 SEC. 514. (a) None of the funds provided under this 

18 Act, or provided under previous appropriations Acts to the 

19 agencies funded by this Act that remain available for obli20 gation or expenditure in fiscal year 2017, or provided from 

21 any accounts in the Treasury of the United States derived 

22 by the collection of fees available to the agencies funded 

23 by this Act, shall be available for obligation or expenditure 

24 through a reprogramming of funds that— 

25 (1) creates new programs; 


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1 (2) eliminates a program, project, or activity; 

2 (3) increases funds or personnel by any means 

3 for any project or activity for which funds have been 

4 denied or restricted; 

5 (4) relocates an office or employees; 

6 (5) reorganizes or renames offices; 

7 (6) reorganizes programs or activities; or 

8 (7) contracts out or privatizes any functions or 

9 activities presently performed by Federal employees; 

10 unless the Committees on Appropriations of the House of 

11 Representatives and the Senate are consulted 15 days in 

12 advance of such reprogramming or of an announcement 

13 of intent relating to such reprogramming, whichever oc14 curs earlier, and are notified in writing 10 days in advance 

15 of such reprogramming. 

16 (b) None of the funds provided under this Act, or 

17 provided under previous appropriations Acts to the agen18 cies funded by this Act that remain available for obligation 

19 or expenditure in fiscal year 2017, or provided from any 

20 accounts in the Treasury of the United States derived by 

21 the collection of fees available to the agencies funded by 

22 this Act, shall be available for obligation or expenditure 

23 through a reprogramming of funds in excess of $500,000 

24 or 10 percent, whichever is less, that— 


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1 (1) augments existing programs, projects (in2 cluding construction projects), or activities; 

3 (2) reduces by 10 percent funding for any exist4 ing program, project, or activity, or numbers of per5 sonnel by 10 percent as approved by Congress; or 

6 (3) results from any general savings from a re7 duction in personnel which would result in a change 

8 in existing programs, activities, or projects as ap9 proved by Congress; 

10 unless the Committees on Appropriations of the House of 

11 Representatives and the Senate are consulted 15 days in 

12 advance of such reprogramming or of an announcement 

13 of intent relating to such reprogramming, whichever oc14 curs earlier, and are notified in writing 10 days in advance 

15 of such reprogramming. 

16 SEC. 515. (a) None of the funds made available in 

17 this Act may be used to request that a candidate for ap18 pointment to a Federal scientific advisory committee dis19 close the political affiliation or voting history of the can20 didate or the position that the candidate holds with re21 spect to political issues not directly related to and nec22 essary for the work of the committee involved. 

23 (b) None of the funds made available in this Act may 

24 be used to disseminate information that is deliberately 

25 false or misleading. 


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1 SEC. 516. Within 45 days of enactment of this Act, 

2 each department and related agency funded through this 

3 Act shall submit an operating plan that details at the pro4 gram, project, and activity level any funding allocations 

5 for fiscal year 2017 that are different than those specified 

6 in this Act, the accompanying detailed table in the com7 mittee report accompanying this Act, or the fiscal year 

8 2017 budget request. 

9 SEC. 517. The Secretaries of Labor, Health and 

10 Human Services, and Education shall each prepare and 

11 submit to the Committees on Appropriations of the House 

12 of Representatives and the Senate a report on the number 

13 and amount of contracts, grants, and cooperative agree14 ments exceeding $500,000 in value and awarded by the 

15 Department on a non-competitive basis during each quar16 ter of fiscal year 2017, but not to include grants awarded 

17 on a formula basis or directed by law. Such report shall 

18 include the name of the contractor or grantee, the amount 

19 of funding, the governmental purpose, including a jus20 tification for issuing the award on a non-competitive basis. 

21 Such report shall be transmitted to the Committees within 

22 30 days after the end of the quarter for which the report 

23 is submitted. 

24 SEC. 518. None of the funds appropriated in this Act 

25 shall be expended or obligated by the Commissioner of SoVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 cial Security, for purposes of administering Social Security 

2 benefit payments under title II of the Social Security Act, 

3 to process any claim for credit for a quarter of coverage 

4 based on work performed under a social security account 

5 number that is not the claimant’s number and the per6 formance of such work under such number has formed the 

7 basis for a conviction of the claimant of a violation of sec8 tion 208(a)(6) or (7) of the Social Security Act. 

9 SEC. 519. None of the funds appropriated by this Act 

10 may be used by the Commissioner of Social Security or 

11 the Social Security Administration to pay the compensa12 tion of employees of the Social Security Administration 

13 to administer Social Security benefit payments, under any 

14 agreement between the United States and Mexico estab15 lishing totalization arrangements between the social secu16 rity system established by title II of the Social Security 

17 Act and the social security system of Mexico, which would 

18 not otherwise be payable but for such agreement. 

19 SEC. 520. Notwithstanding any other provision of 

20 this Act, no funds appropriated in this Act shall be used 

21 to purchase sterile needles or syringes for the hypodermic 

22 injection of any illegal drug: Provided, That such limita23 tion does not apply to the use of funds for elements of 

24 a program other than making such purchases if the rel25 evant State or local health department, in consultation 


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1 with the Centers for Disease Control and Prevention, de2 termines that the State or local jurisdiction, as applicable, 

3 is experiencing, or is at risk for, a significant increase in 

4 hepatitis infections or an HIV outbreak due to injection 

5 drug use, and such program is operating in accordance 

6 with State and local law. 

7 SEC. 521. (a) None of the funds made available in 

8 this Act may be used to maintain or establish a computer 

9 network unless such network blocks the viewing, 

10 downloading, and exchanging of pornography. 

11 (b) Nothing in subsection (a) shall limit the use of 

12 funds necessary for any Federal, State, tribal, or local law 

13 enforcement agency or any other entity carrying out crimi14 nal investigations, prosecution, or adjudication activities. 

15 SEC. 522. None of the funds made available under 

16 this or any other Act, or any prior Appropriations Act, 

17 may be provided to the Association of Community Organi18 zations for Reform Now (ACORN), or any of its affiliates, 

19 subsidiaries, allied organizations, or successors. 

20 SEC. 523. For purposes of carrying out Executive 

21 Order 13589, Office of Management and Budget Memo22 randum M–12–12 dated May 11, 2012, and requirements 

23 contained in the annual appropriations bills relating to 

24 conference attendance and expenditures: 


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1 (1) the operating divisions of HHS shall be con2 sidered independent agencies; and 

3 (2) attendance at and support for scientific con4 ferences shall be tabulated separately from and not 

5 included in agency totals. 

6 SEC. 524. Federal agencies funded under this Act 

7 shall clearly state within the text, audio, or video used for 

8 advertising or educational purposes, including emails or 

9 Internet postings, that the communication is printed, pub10 lished, or produced and disseminated at U.S. taxpayer ex11 pense. The funds used by a Federal agency to carry out 

12 this requirement shall be derived from amounts made 

13 available to the agency for advertising or other commu14 nications regarding the programs and activities of the 

15 agency. 

16 SEC. 525. 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. 526. None of the funds made available in this 

5 Act may be used to implement, administer, enforce, or fur6 ther any provision of Public Law 111–148 or title I or 

7 subtitle B of title II of Public Law 111–152 and the 

8 amendment made by such provision: Provided, That funds 

9 in this Act may be used to implement, administer, enforce, 

10 or further the rate setting process for calendar year 2017 

11 and fiscal year 2018 for Medicare under title XVIII of 

12 the Social Security Act: Provided further, That funds in 

13 this Act may be used to implement, administer, enforce, 

14 or further the final rules for the provisions of (and amend15 ments made by) sections 2501(c), 2501(d), and 2503 of 

16 Public Law 111–148, as amended by sections 1206(a) and 

17 1101(c) of Public Law 111–152, insofar as each respective 

18 rule relates to calendar year 2017. 

19 (RESCISSION)

20 SEC. 527. Of the funds made available for fiscal year 

21 2017 [for the Independent Payment Advisory Board] 

22 under section 3403 of Public Law 111–148, $15,000,000 

23 are rescinded. 


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1 (RESCISSION)

2 SEC. 528. Of the funds made available [for the Cen3 ter for Medicare & Medicaid Innovation] under section 

4 3021(a) of Public Law 111–148, $7,000,000,000 is re5 scinded. 

6 (RESCISSION)

7 SEC. 529. Of the funds made available for fiscal year 

8 2017 [for the Patient-Centered Outcomes Research Trust 

9 Fund] under section 6301(e) of Public Law 111–148, 

10 $150,000,000 is rescinded. 

11 (RESCISSION)

12 SEC. 530. Amounts deposited in the Child Enroll13 ment Contingency Fund from the appropriation to the 

14 Fund for the first semi-annual allotment period for fiscal 

15 year 2017 under section 2104(n)(2)(A)(ii) of the Social 

16 Security Act and the income derived from investment of 

17 those funds pursuant to 2104(n)(2)(C) of that Act, shall 

18 not be available for obligation in this fiscal year. 

19 (RESCISSION)

20 SEC. 531. Of any available amounts appropriated 

21 under section 108 of Public Law 111-3, as amended, 

22 $541,900,000 are hereby rescinded. 


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1 (RESCISSION)

2 SEC. 532. Of the funds made available for purposes 

3 of carrying out section 2105(a)(3) of the Social Security 

4 Act, $195,640,000 are hereby rescinded. 

5 SEC. 533. (a) SHORT TITLE.—This section may be 

6 cited as the ‘‘Health Care Conscience Rights Act’’. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) As Thomas Jefferson declared to New Lon9 don Methodists in 1809, ‘‘[n]o provision in our Con10 stitution ought to be dearer to man than that which 

11 protects the rights of conscience against the enter12 prises of the civil authority’’. 

13 (2) Jefferson’s conviction on respect for con14 science is deeply embedded in the history and tradi15 tions of our Nation, and codified in numerous Fed16 eral laws approved by congressional majorities and 

17 Presidents of both parties, including in the Public 

18 Health Service Act; the United States Leadership 

19 Against HIV/AIDS, Tuberculosis, and Malaria Act; 

20 the Religious Freedom Restoration Act; long21 standing provisions on respect for conscience rights 

22 in the Federal Employees Health Benefits Program 

23 and District of Columbia appropriations; and laws to 

24 protect individuals from being forced to participate 

25 in Federal executions or prosecutions. 


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1 (3) Following enactment of the Patient Protec2 tion and Affordable Care Act (Public Law 111–148, 

3 in this section referred to as ‘‘PPACA’’), the Fed4 eral Government has sought to impose specific re5 quirements that infringe on the rights of conscience 

6 of those who offer or purchase health coverage. 

7 (4) While PPACA provides an exemption for 

8 some religious groups that object to participation in 

9 health insurance generally, and exempts millions of 

10 Americans from most of the Act’s provisions, includ11 ing the preventive services mandate, it fails to pro12 vide statutory protection for those seeking to offer 

13 and purchase health coverage who have a religious 

14 or moral objection only to specific items or services. 

15 (5) Nurses and other health care providers have 

16 increasingly been subjected to discrimination for 

17 abiding by their conscience rather than providing, 

18 paying for, or referring for abortion. 

19 (6) Conscience rights protections for health care 

20 providers are an important part of civil rights pro21 tections in Federal law and are indispensable to the 

22 continued viability of the health care system in the 

23 United States. The increasingly significant discrimi24 nation suffered by faith-based nonprofit health care 

25 providers risks undermining access to high-quality 


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1 compassionate care for some of the most vulnerable 

2 populations in our country. 

3 (c) APPLYING LONGSTANDING POLICY ON CON4 SCIENCE RIGHTS TO THE AFFORDABLE CARE ACT.— 

5 (1) IN GENERAL.—Title I of the Patient Pro6 tection and Affordable Care Act (Public Law 111– 

7 148) is amended— 

8 (A) by redesignating the second section 

9 1563 (relating to conforming amendments and 

10 as redesignated by section 10107(b)(1) of the 

11 Patient Protection and Affordable Care Act) as 

12 section 1564; 

13 (B) by redesignating the third section 

14 1563 (relating to the Sense of the Senate pro15 moting fiscal responsibility) as section 1565; 

16 and 

17 (C) by adding at the end the following new 

18 section: 

19 ‘‘SEC. 1566. RESPECTING CONSCIENCE RIGHTS IN HEALTH 

20 CARE COVERAGE. 

21 ‘‘(a) IN GENERAL.—Notwithstanding any other pro22 vision of this title, no provision of this title (and no amend23 ment made by any such provision) shall— 

24 ‘‘(1) require an individual to purchase indi25 vidual health insurance coverage that includes covVerDate Sep 11 2014 21:30 Jul 22, 2016 Jkt 059200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H5926.RH H5926

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1 erage of an abortion or other item or service to 

2 which such individual has a moral or religious objec3 tion, or prevent an issuer from offering or issuing, 

4 to such individual, individual health insurance cov5 erage that excludes such item or service; 

6 ‘‘(2) require a sponsor (or, in the case of health 

7 insurance coverage offered to students through an 

8 institution of higher education, the institution of 

9 higher education offering such coverage) to sponsor, 

10 purchase, or provide any health benefits coverage or 

11 group health plan that includes coverage of an abor12 tion or other item or service to which such sponsor 

13 or institution, respectively, has a moral or religious 

14 objection, or prevent an issuer from offering or 

15 issuing to such sponsor or institution, respectively, 

16 health insurance coverage that excludes such item or 

17 service; 

18 ‘‘(3) require an issuer of health insurance cov19 erage or the sponsor of a group health plan to in20 clude, in any such coverage or plan, coverage of an 

21 abortion or other item or service to which such 

22 issuer or sponsor has a moral or religious objection; 

23 or 

24 ‘‘(4) authorize the imposition of a tax, penalty, 

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1 erage of the item or service to which there is a moral 

2 or religious objection, in relation to health insurance 

3 coverage or a group health plan that excludes an 

4 item or service pursuant to this section. 

5 ‘‘(b) RESTRICTION ON CONTRARY GOVERNMENTAL

6 ACTION.—No provision in this title (or amendment made 

7 by such provision) or law, regulation, guideline or other 

8 governmental action that implements such provision or 

9 amendment, or derives its authority therefrom, shall be 

10 given legal effect to the extent that it violates this section. 

11 ‘‘(c) NO EFFECT ON OTHER LAWS.—Nothing in this 

12 section shall be construed to preempt, modify, or otherwise 

13 have any effect on— 

14 ‘‘(1) the Civil Rights Act of 1964; 

15 ‘‘(2) the Americans with Disabilities Act of 

16 1990; 

17 ‘‘(3) the Pregnancy Discrimination Act of 1978; 

18 ‘‘(4) the Mental Health Parity Act of 1996; or 

19 ‘‘(5) any other State or Federal law, other than 

20 a provision in this title (or an amendment made by 

21 such provision) or a law, regulation, guideline or 

22 other governmental action that implements such pro23 vision or amendment or derives its authority there24 from. 


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1 ‘‘(d) AGGREGATE ACTUARIAL VALUE.—Nothing in 

2 this section shall be construed to prohibit the Secretary 

3 from issuing regulations or other guidance to ensure that 

4 health insurance coverage or group health plans excluding 

5 abortion or other items or services under this section shall 

6 have an aggregate actuarial value at least equivalent to 

7 that of health insurance coverage or group health plans 

8 at the same level of coverage that do not exclude such 

9 items or services. 

10 ‘‘(e) CONTINUED APPLICATION OF NONDISCRIMINA11 TION RULES.—Nothing in this section shall be construed 

12 to permit a health insurance issuer, group health plan, or 

13 other health care provider to act in a manner inconsistent 

14 with subparagraph (B) or (D) of section 1302(b)(4).’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents of the Patient Protection and Affordable Care 

17 Act (Public Law 111–148) is amended— 

18 (A) by striking the following items: 

‘‘1563. Conforming amendments. 

‘‘1563. Sense of the Senate promoting fiscal responsibility.’’; 

19 and 

20 (B) by inserting after the item relating to 

21 the section 1563 relating to small business pro22 curement the following items: 

‘‘1564. Conforming amendments. 

‘‘1565. Sense of the Senate promoting fiscal responsibility. 

‘‘1566. Respecting conscience rights in health coverage.’’. 


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1 (d) NONDISCRIMINATION FOR HEALTH CARE PRO2 VIDERS.—Section 245 of the Public Health Service Act 

3 (42 U.S.C. 238n) is amended— 

4 (1) in the section heading, by striking ‘‘AND

5 LICENSING OF PHYSICIANS’’ and inserting ‘‘, LI6 CENSING, AND PRACTICE OF PHYSICIANS AND

7 OTHER HEALTH CARE ENTITIES’’; 

8 (2) in subsection (a), by amending paragraph 

9 (1) to read as follows: 

10 ‘‘(1) the entity refuses— 

11 ‘‘(A) to undergo training in the perform12 ance of induced abortions; 

13 ‘‘(B) to require or provide such training; 

14 ‘‘(C) to perform, participate in, provide 

15 coverage of, or pay for induced abortions; or 

16 ‘‘(D) to provide referrals for such training 

17 or such abortions;’’; 

18 (3) in subsection (b)(1), by striking ‘‘stand19 ards’’ and inserting ‘‘standard’’; 

20 (4) in subsection (c), by amending paragraphs 

21 (1) and (2) to read as follows: 

22 ‘‘(1) The term ‘financial assistance’, with re23 spect to a government program, means governmental 

24 payments to cover the cost of health care services or 

25 benefits, or other Federal payments, grants, or loans 


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1 to promote or otherwise facilitate health-related ac2 tivities. 

3 ‘‘(2) The term ‘health care entity’ includes an 

4 individual physician or other health professional, a 

5 postgraduate physician training program, a partici6 pant in a program of training in the health profes7 sions, a hospital, a provider-sponsored organization 

8 as defined in section 1855(d) of the Social Security 

9 Act, a health maintenance organization, an account10 able care organization, an issuer of health insurance 

11 coverage, any other kind of health care facility, orga12 nization, or plan, and an entity that provides or au13 thorizes referrals for health care services.’’; 

14 (5) by adding at the end of subsection (c) the 

15 following new paragraph: 

16 ‘‘(4) The term ‘State or local government that 

17 receives Federal financial assistance’ includes any 

18 agency or other governmental unit of a State or 

19 local government if such government receives Fed20 eral financial assistance.’’; 

21 (6) by redesignating subsection (c) as sub22 section (d); and 

23 (7) by inserting after subsection (b) the fol24 lowing new subsection: 


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1 ‘‘(c) ADMINISTRATION.—The Secretary shall des2 ignate the Director of the Office for Civil Rights of the 

3 Department of Health and Human Services— 

4 ‘‘(1) to receive complaints alleging a violation of 

5 this section, section 1566 of the Patient Protection 

6 and Affordable Care Act, or any of subsections (b) 

7 through (e) of section 401 of the Health Programs 

8 Extension Act of 1973; and 

9 ‘‘(2) to pursue the investigation of such com10 plaints, in coordination with the Attorney General.’’. 

11 (e) REMEDIES FOR VIOLATIONS OF FEDERAL CON12 SCIENCE LAWS.—Title II of the Public Health Service Act 

13 (42 U.S.C. 202 et seq.) is amended by inserting after sec14 tion 245 the following: 

15 ‘‘SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS. 

16 ‘‘(a) IN GENERAL.—A qualified party may, in a civil 

17 action, obtain appropriate relief with regard to a des18 ignated violation. 

19 ‘‘(b) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘qualified party’ means— 

21 ‘‘(A) the Attorney General; or 

22 ‘‘(B) any person or entity adversely af23 fected by the designated violation; and 

24 ‘‘(2) the term ‘designated violation’ means an 

25 actual or threatened violation of section 245 of this 


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1 Act, section 1566 of the Patient Protection and Af2 fordable Care Act, or any of subsections (b) through 

3 (e) of section 401 of the Health Programs Extension 

4 Act of 1973. 

5 ‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.— 

6 An action under this section may be commenced, and relief 

7 may be granted, without regard to whether the party com8 mencing the action has sought or exhausted available ad9 ministrative remedies. 

10 ‘‘(d) DEFENDANTS IN ACTIONS UNDER THIS SEC11 TION MAY INCLUDE GOVERNMENTAL ENTITIES AS WELL

12 AS OTHERS.— 

13 ‘‘(1) IN GENERAL.—An action under this sec14 tion may be maintained against, among others, a 

15 party that is a Federal or State governmental entity. 

16 Relief in an action under this section may include 

17 money damages even if the defendant is such a gov18 ernmental entity. 

19 ‘‘(2) DEFINITION.—For the purposes of this 

20 subsection, the term ‘State governmental entity’ 

21 means a State, a local government within a State, 

22 or any agency or other governmental unit or author23 ity of a State or of such a local government. 

24 ‘‘(e) NATURE OF RELIEF.—The court shall grant— 


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1 ‘‘(1) all necessary equitable and legal relief, in2 cluding, where appropriate, declaratory relief and 

3 compensatory damages, to prevent the occurrence, 

4 continuance, or repetition of the designated violation 

5 and to compensate for losses resulting from the des6 ignated violation; and 

7 ‘‘(2) to a prevailing plaintiff, reasonable attor8 neys’ fees and litigation expenses as part of the 

9 costs.’’. 

10 SEC. 534. Any funds made available by this Act or 

11 any other Act may be used by a health care delivery sys12 tem that furnishes services predominantly through facili13 ties of the Federal Government for payment for or delivery 

14 of in vitro fertilization treatments only if such treatments 

15 do not result in the discarding or destruction of viable 

16 human embryos before embryo transfer. 

17 SPENDING REDUCTION ACCOUNT

18 SEC. 535. The amount by which the applicable alloca19 tion of new budget authority made by the Committee on 

20 Appropriations of the House of Representatives under sec21 tion 302(b) of the Congressional Budget Act of 1974 ex22 ceeds the amount of proposed new budget authority is $0. 

23 This Act may be cited as the ‘‘Departments of Labor, 

24 Health and Human Services, and Education, and Related 

25 Agencies Appropriations Act, 2017’’. 


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Union Calendar No. 541 

114TH CONGRESS 

2D SESSION H. R. 5926 

[Report No. 114–699] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2017, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJULY 22, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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