H. R. 2029—380 
available to public or nonprofit private institutions or agencies 
in participating foreign countries, funds to acquire, lease, alter, 
or renovate facilities in those countries as necessary to conduct 
programs of assistance for international health activities, 
including activities relating to HIV/AIDS and other infectious 
diseases, chronic and environmental diseases, and other health 
activities abroad. 
(3) The Secretary is authorized to provide to personnel 
appointed or assigned by the Secretary to serve abroad, allow-
ances and benefits similar to those provided under chapter 
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 
4081 through 4086 and subject to such regulations prescribed 
by the Secretary. The Secretary is further authorized to provide 
locality-based comparability payments (stated as a percentage) 
up to the amount of the locality-based comparability payment 
(stated as a percentage) that would be payable to such per-
sonnel under section 5304 of title 5, United States Code if 
such personnel’s official duty station were in the District of 
Columbia. Leaves of absence for personnel under this subsection 
shall be on the same basis as that provided under subchapter 
I of chapter 63 of title 5, United States Code, or section 903 
of the Foreign Service Act of 1980, to individuals serving in 
the Foreign Service. 
(TRANSFER OF FUNDS) 
SEC. 213. The Director of the NIH, jointly with the Director 
of the Office of AIDS Research, may transfer up to 3 percent 
among institutes and centers from the total amounts identified 
by these two Directors as funding for research pertaining to the 
human immunodeficiency virus: Provided, That the Committees 
on Appropriations of the House of Representatives and the Senate 
are notified at least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 214. Of the amounts made available in this Act for NIH, 
the amount for research related to the human immunodeficiency 
virus, as jointly determined by the Director of NIH and the Director 
of the Office of AIDS Research, shall be made available to the 
‘‘Office of AIDS Research’’ account. The Director of the Office of 
AIDS Research shall transfer from such account amounts necessary 
to carry out section 2353(d)(3) of the PHS Act. 
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision 
of law, the Director of NIH (‘‘Director’’) may use funds available 
under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into 
transactions (other than contracts, cooperative agreements, or 
grants) to carry out research identified pursuant to such section 
402(b)(7) (pertaining to the Common Fund) or research and activi-
ties described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director may utilize such peer review procedures 
(including consultation with appropriate scientific experts) as the 
Director determines to be appropriate to obtain assessments of 
scientific and technical merit. Such procedures shall apply to such 
transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections
H. R. 2029—381 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 
PHS Act. 
SEC. 216. Not to exceed $45,000,000 of funds appropriated 
by this Act to the institutes and centers of the National Institutes 
of Health may be used for alteration, repair, or improvement of 
facilities, as necessary for the proper and efficient conduct of the 
activities authorized herein, at not to exceed $3,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for NIH, 1 percent 
of the amount made available for National Research Service Awards 
(‘‘NRSA’’) shall be made available to the Administrator of the Health 
Resources and Services Administration to make NRSA awards for 
research in primary medical care to individuals affiliated with 
entities who have received grants or contracts under sections 736, 
739, or 747 of the PHS Act, and 1 percent of the amount made 
available for NRSA shall be made available to the Director of 
the Agency for Healthcare Research and Quality to make NRSA 
awards for health service research. 
SEC. 218. In addition to amounts provided herein, payments 
made for research organisms or substances, authorized under sec-
tion 301(a) of the PHS Act, shall be retained and credited to 
the appropriations accounts of the Institutes and Centers of the 
NIH making the substance or organism available under section 
301(a). Amounts credited to the account under this authority shall 
be available for obligation through September 30, 2017. 
SEC. 219. (a) The Biomedical Advanced Research and Develop-
ment Authority (‘‘BARDA’’) may enter into a contract, for more 
than one but no more than 10 program years, for purchase of 
research services or of security countermeasures, as that term is 
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d– 
6b(c)(1)(B)), if— 
(1) funds are available and obligated— 
(A) for the full period of the contract or for the first 
fiscal year in which the contract is in effect; and 
(B) for the estimated costs associated with a necessary 
termination of the contract; and 
(2) the Secretary determines that a multi-year contract 
will serve the best interests of the Federal Government by 
encouraging full and open competition or promoting economy 
in administration, performance, and operation of BARDA’s pro-
grams. 
(b) A contract entered into under this section— 
(1) shall include a termination clause as described by sub-
section (c) of section 3903 of title 41, United States Code; 
and 
(2) shall be subject to the congressional notice requirement 
stated in subsection (d) of such section. 
SEC. 220. (a) The Secretary shall establish a publicly accessible 
Web site to provide information regarding the uses of funds made 
available under section 4002 of the Patient Protection and Afford-
able Care Act of 2010 (‘‘ACA’’). 
(b) With respect to funds provided under section 4002 of the 
ACA, the Secretary shall include on the Web site established under 
subsection (a) at a minimum the following information:
H. R. 2029—382 
(1) In the case of each transfer of funds under section 
4002(c), a statement indicating the program or activity receiving 
funds, the operating division or office that will administer the 
funds, and the planned uses of the funds, to be posted not 
later than the day after the transfer is made. 
(2) Identification (along with a link to the full text) of 
each funding opportunity announcement, request for proposals, 
or other announcement or solicitation of proposals for grants, 
cooperative agreements, or contracts intended to be awarded 
using such funds, to be posted not later than the day after 
the announcement or solicitation is issued. 
(3) Identification of each grant, cooperative agreement, or 
contract with a value of $25,000 or more awarded using such 
funds, including the purpose of the award and the identity 
of the recipient, to be posted not later than 5 days after the 
award is made. 
(4) A report detailing the uses of all funds transferred 
under section 4002(c) during the fiscal year, to be posted not 
later than 90 days after the end of the fiscal year. 
(c) With respect to awards made in fiscal years 2013 through 
2016, the Secretary shall also include on the Web site established 
under subsection (a), semi-annual reports from each entity awarded 
a grant, cooperative agreement, or contract from such funds with 
a value of $25,000 or more, summarizing the activities undertaken 
and identifying any sub-grants or sub-contracts awarded (including 
the purpose of the award and the identity of the recipient), to 
be posted not later than 30 days after the end of each 6-month 
period. 
(d) In carrying out this section, the Secretary shall— 
(1) present the information required in subsection (b)(1) 
on a single webpage or on a single database; 
(2) ensure that all information required in this section 
is directly accessible from the single webpage or database; 
and 
(3) ensure that all information required in this section 
is able to be organized by program or State. 
(TRANSFER OF FUNDS) 
SEC. 221. (a) Within 45 days of enactment of this Act, the 
Secretary shall transfer funds appropriated under section 4002 
of the ACA to the accounts specified, in the amounts specified, 
and for the activities specified under the heading ‘‘Prevention and 
Public Health Fund’’ in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated 
Act). 
(b) Notwithstanding section 4002(c) of the ACA, the Secretary 
may not further transfer these amounts. 
(c) Funds transferred for activities authorized under section 
2821 of the PHS Act shall be made available without reference 
to section 2821(b) of such Act. 
SEC. 222. (a) The Secretary shall publish in the fiscal year 
2017 budget justification and on Departmental Web sites informa-
tion concerning the employment of full-time equivalent Federal 
employees or contractors for the purposes of implementing, admin-
istering, enforcing, or otherwise carrying out the provisions of the
H. R. 2029—383 
ACA, and the amendments made by that Act, in the proposed 
fiscal year and each fiscal year since the enactment of the ACA. 
(b) With respect to employees or contractors supported by all 
funds appropriated for purposes of carrying out the ACA (and 
the amendments made by that Act), the Secretary shall include, 
at a minimum, the following information: 
(1) For each such fiscal year, the section of such Act under 
which such funds were appropriated, a statement indicating 
the program, project, or activity receiving such funds, the Fed-
eral operating division or office that administers such program, 
and the amount of funding received in discretionary or manda-
tory appropriations. 
(2) For each such fiscal year, the number of full-time 
equivalent employees or contracted employees assigned to each 
authorized and funded provision detailed in accordance with 
paragraph (1). 
(c) In carrying out this section, the Secretary may exclude 
from the report employees or contractors who— 
(1) are supported through appropriations enacted in laws 
other than the ACA and work on programs that existed prior 
to the passage of the ACA; 
(2) spend less than 50 percent of their time on activities 
funded by or newly authorized in the ACA; or 
(3) work on contracts for which FTE reporting is not a 
requirement of their contract, such as fixed-price contracts. 
SEC. 223. The Secretary shall publish, as part of the fiscal 
year 2017 budget of the President submitted under section 1105(a) 
of title 31, United States Code, information that details the uses 
of all funds used by the Centers for Medicare and Medicaid Services 
specifically for Health Insurance Exchanges for each fiscal year 
since the enactment of the ACA and the proposed uses for such 
funds for fiscal year 2017. Such information shall include, for each 
such fiscal year, the amount of funds used for each activity specified 
under the heading ‘‘Health Insurance Exchange Transparency’’ in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
SEC. 224. (a) The Secretary shall provide to the Committees 
on Appropriations of the House of Representatives and the Senate: 
(1) 
Detailed 
monthly 
enrollment 
figures 
from 
the 
Exchanges established under the Patient Protection and Afford-
able Care Act of 2010 pertaining to enrollments during the 
open enrollment period; and 
(2) Notification of any new or competitive grant awards, 
including supplements, authorized under section 330 of the 
Public Health Service Act. 
(b) The Committees on Appropriations of the House and Senate 
must be notified at least 2 business days in advance of any public 
release of enrollment information or the award of such grants. 
SEC. 225. None of the funds made available by this Act from 
the Federal Hospital Insurance Trust Fund or the Federal Supple-
mental Medical Insurance Trust Fund, or transferred from other 
accounts funded by this Act to the ‘‘Centers for Medicare and 
Medicaid Services—Program Management’’ account, may be used 
for payments under section 1342(b)(1) of Public Law 111–148 
(relating to risk corridors).