S.3040 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017114th Congress (2015-2016)

Summary: S.3040 — 114th Congress (2015-2016)All Information (Except Text)

Shown Here:
Reported to Senate without amendment (06/09/2016)

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Highlights:

The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 provides annual appropriations for:

• the Department of Labor;
• most of the Department of Health and Human Services (HHS);
• the Department of Education (ED); and
• several related agencies, including the Social Security Administration, the Corporation for National and Community Service, the Corporation for Public Broadcasting, and the National Labor Relations Board.

The bill does not include funding for the Food and Drug Administration, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, which are included within HHS, but considered in other appropriations bills.

The bill includes both discretionary and mandatory funding. The majority of the funding in the bill is mandatory funding for entitlement programs such as Medicaid and Supplemental Security Income that are funded in annual appropriations bills. These programs, known as appropriated entitlements, are included in annual appropriations bills, though the amounts provided for the programs are generally determined by authorizing statutes that control details of the programs such as eligibility rules and benefit levels.

The bill decreases discretionary funding compared to FY2016 levels. It also includes provisions that affect polices in areas such as:

• implementation of the Patient Protection and Affordable Care Act,
• abortion,
• human embryo research,
• collective bargaining,
• needle exchange programs,
• Medicare coverage for individuals with Alzheimer's disease, and
• medicinal marijuana programs.

Full Summary:

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017

Provides FY2017 appropriations for the Departments of Labor, Health and Human Services, Education, and several related agencies.

Department of Labor Appropriations Act, 2017

TITLE I--DEPARTMENT OF LABOR

Provides FY2017 appropriations for agencies and programs within the Department of Labor.

Provides appropriations to the Employment and Training Administration for:

• Training and Employment Services,
• the Job Corps,
• Community Service Employment for Older Americans,
• Federal Unemployment Benefits and Allowances,
• State Unemployment Insurance and Employment Service Operations,
• Advances to the Unemployment Trust Fund and Other Funds, and
• Program Administration.

Provides appropriations to the Pension Benefit Guaranty Corporation.

Provides appropriation to Labor for:

• the Employee Benefits Security Administration,
• the Wage and Hour Division,
• the Office of Labor-Management Standards,
• the Office of Federal Contract Compliance Programs,
• the Office of Workers' Compensation Programs,
• the Occupational Safety and Health Administration (OSHA),
• the Mine Safety and Health Administration,
• the Bureau of Labor Statistics, and
• the Office of Disability Employment Policy.

Provides appropriations for Departmental Management, including:

• Salaries and Expenses,
• Veterans Employment and Training,
• IT Modernization, and
• the Office of Inspector General.

(Sec. 101) Prohibits Job Corps funds provided by this bill from being used to pay individual salary and bonuses at a rate in excess of Executive Level II.

(Sec. 102) Permits specified Labor funds to be transferred between accounts and sets forth requirements for the transfers.

(Sec. 103) Prohibits funds provided by this bill from being used for the procurement of goods and services utilizing forced or indentured child labor.

(Sec. 104) Requires specified funds available for job training grants under the American Competitiveness and Workforce Innovation and Opportunity Act to be used only for competitive grants to train individuals who are over the age of 16 and not enrolled in school in occupations and industries for which employers are using H-1B visas to hire foreign workers. Permits specified H-1B fee receipts to be used for the elimination of foreign labor certification processing backlogs.

(Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses.

(Sec. 106) Permits the ETA to: (1) transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees, and (2) transfer specified Program Administration funds to carry out program integrity activities.

(Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations.

(Sec. 108) Exempts certain employees who are not employed by an insurance company and are adjusting or evaluating claims resulting from a major disaster from maximum hours provisions of the Fair Labor Standards Act of 1938 for two years after a state or federal declaration of a disaster or catastrophe.

(Sec. 109) Provides employers in the seafood industry with flexibility with respect to bringing H-2B nonimmigrant workers into the United States. (The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.)

(Sec. 110) Sets forth requirements for determining the prevailing wage for the H-2B program.

(Sec. 111) Prohibits the use of funds provided by this bill to enforce the definition of corresponding employment or the three-fourths guarantee rule definition found in specified regulations for the H-2B program. Specifies the definition of temporary need that applies for the purpose of regulating admission of temporary workers under the H-2B program.

(Sec. 112) Prohibits funds provided by this bill from being used to implement specified regulations regarding audits of certification applications and required assisted recruitment with respect to the temporary employment of foreign workers in the United States under the H-2B program.

Department of Health and Human Services Appropriations Act, 2017

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Provides FY2017 appropriations for agencies and programs within the Department of Health and Human Services (HHS).

Provides appropriations to the Health Resources and Services Administration for:

• Primary Health Care,
• the Health Work Force,
• Maternal and Child Health,
• the Ryan White HIV/AIDS Program,
• Health Care Systems,
• Rural Health,
• Family Planning,
• Program Management, and
• the Vaccine Injury Compensation Program Trust Fund.

Provides appropriations to the Centers for Diseases Control and Prevention (CDC) for:

• Immunization and Respiratory Diseases;
• HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention;
• Emerging and Zoonotic Infectious Diseases;
• Chronic Disease Prevention and Health Promotion;
• Birth Defects, Developmental Disabilities, Disabilities and Health;
• Public Health Scientific Services;
• Environmental Health;
• Injury Prevention and Control;
• the National Institute for Occupational Safety and Health;
• the Energy Employees Occupational Illness Compensation Program;
• Global Health;
• Public Health Preparedness and Response; and
• CDC-Wide Activities and Program Support.

Provides appropriations to the National Institutes of Health (NIH) for:

• the National Cancer Institute;
• the National Heart, Lung, and Blood Institute;
• the National Institute of Dental and Craniofacial Research;
• the National Institute of Diabetes and Digestive and Kidney Diseases;
• the National Institute of Neurological Disorders and Stroke;
• the National Institute of Allergy and Infectious Diseases;
• the National Institute of General Medical Sciences;
• the Eunice Kennedy Shriver National Institute of Child Health and Human Development;
• the National Eye Institute;
• the National Institute of Environmental Health Sciences;
• the National Institute on Aging;
• the National Institute of Arthritis and Musculoskeletal and Skin Diseases;
• the National Institute on Deafness and Other Communication Disorders;
• the National Institute of Nursing Research;
• the National Institute on Alcohol Abuse and Alcoholism;
• the National Institute on Drug Abuse;
• the National Institute of Mental Health;
• the National Human Genome Research Institute;
• the National Institute of Biomedical Imaging and Bioengineering;
• the National Center for Complementary and Integrative Health;
• the National Institute on Minority Health and Health Disparities;
• the National Library of Medicine;
• the John E. Fogarty International Center;
• the National Center for Advancing Translational Services;
• the Office of the Director; and
• Buildings and Facilities.

Provides appropriations to the Substance Abuse and Mental Health Services Administration for:

• Mental Health,
• Substance Abuse Treatment,
• Substance Abuse Prevention, and
• Health Surveillance and Program Support.

Provides appropriations to the Agency for Healthcare Research and Quality.

Provides appropriations to the Centers for Medicare and Medicaid Services for:

• Grants to States for Medicaid,
• Payments to Health Care Trust Funds,
• Program Management, and
• the Health Care Fraud and Abuse Control Account.

Provides appropriations to the Administration for Children and Families for:

• Payments to States for Child Support Enforcement and Family Support Programs,
• Low Income Home Energy Assistance,
• Refugee and Entrant Assistance,
• Payments to States for the Child Care and Development Block Grant,
• the Social Services Block Grant,
• Children and Families Services Programs,
• Promoting Safe and Stable Families, and
• Payments for Foster Care and Permanency.

Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs.

Provides appropriations to the Office of the Secretary for:

• General Departmental Management,
• the Office of Medicare Hearings and Appeals,
• the Office of the National Coordinator for Health Information Technology,
• the Office of Inspector General,
• the Office for Civil Rights,
• Retirement Pay and Medical Benefits for Commissioned Officers, and
• the Public Health and Social Services Emergency Fund.

(Sec. 201) Limits the funds provided by this title that may be used for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay the salary of an individual, through a grant or other extramural mechanism, in excess of Executive Level II.

(Sec. 203) Restricts HHS's use of funds for program evaluation activities unless a report is submitted to Congress regarding the proposed use of the funds or the funds are specifically provided in this bill.

(Sec. 204) Permits the transfer of specified Public Health Service Act (PHS Act) funds for the evaluation of programs funded in this title.

(Sec. 205) Sets forth restrictions and requirements for the transfer of HHS funds between appropriations accounts.

(Sec. 206) Permits National Health Service Corps Loan Repayment Program contracts to be canceled up to 60 days after the execution of a contract awarded in FY2017.

(Sec. 207) Prohibits funds provided by this bill from being made available under title X (Population Research and Voluntary Family Planning Programs) of the PHS Act unless the applicant certifies that it: (1) encourages family participation in the decision of minors to seek family planning services, and (2) provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities.

(Sec. 208) Prohibits any provider of services under title X of the PHS Act from being exempt from any state law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

(Sec. 209) Prohibits funds provided by this bill from being used for the Medicare Advantage program if HHS denies participation to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.

(Sec. 210) Prohibits funds provided by this title from being used to advocate or promote gun control.

(Sec. 211) Limits the number of Public Health Service employees that may be assigned to assist in child survival activities and to work in AIDS programs through and with funds provided by the U.S. Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.

(Sec. 212) Permits HHS to exercise specified spending authority to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY2017

(Sec. 213) Permits NIH, jointly with the Office of AIDS Research, to transfer specified HIV research funds among NIH institutes and centers if Congress is notified in advance.

(Sec. 214) Requires: (1) the use of AIDS research funds be determined jointly by the NIH and the Office of AIDS Research, and (2) the funds to be allocated directly to the Office of AIDS Research for distribution that is consistent with the AIDS research plan.

(Sec. 215) Permits the NIH to use specified funds to enter into certain transactions to carry out research in support of the NIH Common Fund. (The NIH Common Fund supports cross-cutting, trans-NIH programs that require participation by at least two NIH Institutes or Centers or would otherwise benefit from strategic planning and coordination.)

(Sec. 216) Limits the funds NIH may use for the alteration, repair, or improvement of facilities.

(Sec. 217) Transfers specified funds provided to NIH for National Research Service Awards (NRSA) to: (1) the Health Resources and Services Administration to make NRSA awards for research in primary medical care and health service, and (2) to the Agency for Healthcare Research and Quality to make NRSA awards for health service research.

(Sec. 218) Requires third party payments made to NIH for research organisms or substances to be retained and credited to the appropriations accounts of the NIH institutes and centers making the substance or organism available. Permits the funds to be available through FY2018.

(Sec. 219) Permits the Biomedical Advanced Research and Development Authority (BARDA) to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements.

(Sec. 220) Requires HHS to establish a publicly accessible website that provides details regarding expenditures from the Prevention and Public Health Fund established by the Patient Protection and Affordable Care Act (PPACA).

(Sec. 221) Transfers mandatory funds from the Prevention and Public Health Fund created by PPACA to accounts within HHS activities outlined under the heading ''Prevention and Public Health Fund'' in the report accompanying this bill.

(Sec. 222) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to PPACA.

(Sec. 223) Requires HHS to include in the FY2018 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2018.

(Sec. 224) Requires HHS to report to Congress on: (1) monthly enrollment figures from exchanges established under PPACA, and (2) any new or competitive grant awards authorized under Section 330 (Health Centers) of the PHS Act.

(Sec. 225) Prohibits specified funds provided by this bill from being used for payments relating to the risk corridors program established by PPACA.

(Sec. 226) Permits HHS to transfer specified funds from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to the Centers for Medicare and Medicaid Services to support program management activity related to Medicare. Prohibits the funds from being used to support any provision of PPACA.

(Sec. 227) Requires HHS to include in the FY2018 budget justification an analysis of how a provision of the PHS Act related to coverage of preventive health services will impact eligibility for discretionary HHS programs.

(Sec. 228) Requires HHS to use the recommendations last issued before 2009 to administer any law referring to the current recommendations of the United States Preventive Services Task Force for breast cancer screening, mammography, and prevention.

(Sec. 229) Amends part B (Supplementary Medical Insurance Benefits for Aged and Disabled) of title XVIII (Medicare) of the Social Security Act to establish requirements for providing and paying for care management for individuals with Alzheimer's disease or related dementias.

(Sec. 230) Prohibits funds provided by this this title from being used to interfere with the ability of a provider to recommend medicinal marijuana in accordance with state law, or of a patient to participate in a medicinal marijuana program consistent with state law.

Department of Education Appropriations Act, 2017

TITLE III--DEPARTMENT OF EDUCATION

Provides appropriations for agencies and programs within the Department of Education (ED).

Provides appropriations to ED for:

• Education for the Disadvantaged,
• Impact Aid,
• School Improvement Programs,
• Indian Education,
• Innovation and Improvement,
• Safe Schools and Citizenship Education,
• English Language Acquisition,
• Special Education, and
• Rehabilitation Services.

Provides appropriations for Special Institutions for Persons with Disabilities, including:

• the American Printing House for the Blind,
• the National Technical Institute for the Deaf, and
• Gallaudet University.

Provides Appropriations to ED for:

• Career, Technical, and Adult Education;
• Student Financial Assistance;
• Student Aid Administration;
• Higher Education;
• Howard University;
• the College Housing and Academic Facilities Loans Program;
• the Historically Black College and University Capital Financing Program Account; and
• the Institute of Education Sciences.

Provides appropriations for Departmental Management, including:

• Program Administration,
• the Office for Civil Rights, and
• the Office of Inspector General.

(Sec. 301) Prohibits funds provided by this bill from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school, or (2) carry out a racial desegregation plan.

(Sec. 302) Prohibits funds provided by this bill from being used to require the transportation of students to a school other than the school nearest to the student's home, except for students who require special education.

(Sec. 303) Prohibits the use of funds provided by this bill to prevent the implementation of programs of voluntary prayer and meditation in public schools.

(Sec. 304) Permits ED to transfer certain funds between accounts, subject to specified restrictions and requirements.

(Sec. 305) Amends the Compact of Free Association Amendments Act of 2003 to permit the Republic of Palau to continue to receive certain federal funds.

(Sec. 306) Permits funds provided by this bill and consolidated for evaluation purposes under the Elementary and Secondary Education Act (ESEA) to be obligated from July 1, 2017, through September 30, 2018.

(Sec. 307) Permits certain institutions to continue to use endowment income for student scholarships, subject to specified limits and requirements. Applies this section until titles III and V of the Higher Education Act of 1965 (HEA) are reauthorized.

(Sec. 308) Extends the authorization of the National Advisory Committee on Institutional Quality and Integrity through 2017.

(Sec. 309) Extends through 2017 ED's authority to provide account maintenance fees to guaranty agencies for federal student loans.

(Sec. 310) Amends the Higher Education Act of 1965 to expand eligibility for the Pell grant program to permit students to receive Pell grants year-round.

TITLE IV--RELATED AGENCIES

Provides appropriations for the Committee for Purchase From People Who Are Blind or Severely Disabled.

Provides appropriations to the Corporation for National and Community Service (CNCS) for:

• Operating Expenses,
• Payment to the National Service Trust,
• Salaries and Expenses, and
• the Office of Inspector General.

(Sec. 401) Requires the CNCS to make any significant changes to program requirements or policy through rulemaking. Prohibits CNCS employees from disclosing specified information during a grant selection process to any person that is not a CNCS employee or authorized to receive the information.

(Sec. 402) Sets forth minimum share requirements for AmeriCorps programs receiving grants under the National Service Trust program.

(Sec. 403) Requires certain donations made to the CNCS to be used to supplement and not supplant current programs and operations.

(Sec. 404) Requires certain education awards at GI bill-eligible institutions to be limited to veterans.

(Sec. 405) Permits State Commissions on National and Community Service established under the National and Community Service Act of 1990 to receive criminal history record information. under the terms of the National Child Protection Act.

Provides appropriations for other related agencies, including:

• the Corporation for Public Broadcasting,
• the Federal Mediation and Conciliation Service,
• the Federal Mine Safety and Health Review Commission,
• the Institute of Museum and Library Services,
• the Medicaid and CHIP Payment and Access Commission,
• the Medicare Payment Advisory Commission,
• the National Council on Disability, and
• the National Labor Relations Board.

(Sec. 406) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative.

Provides appropriations to the National Mediation Board and the Occupational Safety and Health Review Commission.

Provides appropriations to the Railroad Retirement Board for:

• the Dual Benefits Payments Account,
• Federal Payments to the Railroad Retirement Accounts,
• Administration, and
• the Office of Inspector General.

Provides appropriations to the Social Security Administration (SSA) for:

• Payments to Social Security Trust Funds,
• the Supplemental Security Income Program,
• Administrative Expenses, and
• the Office of Inspector General.

TITLE V--GENERAL PROVISIONS

Sets forth required, permissible, restricted, and prohibited uses of funds provided by this and other appropriations Acts.

(Sec. 501) Permits Labor, HHS, and ED to transfer certain unexpended balances to accounts to be used for the same purposes as the original appropriation.

(Sec. 502) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year unless otherwise specified.

(Sec. 503) Prohibits the use of funds provided by this bill for lobbying and related activities.

(Sec. 504) Limits the official reception and representation expenses of Labor and ED.

(Sec. 505) Requires grantees receiving federal funds provided by this bill to clearly state specified details regarding the federal funding and non-governmental funding sources in documents related to federally funded projects.

(Sec. 506) Prohibits funds provided by this bill or in any trust fund which received funds in this bill from being used for: (1) abortions, or (2) health benefits coverage that includes coverage of abortion.

(Sec. 507) Provides an exception to the prohibition on funding for abortion if: (1) the pregnancy is the result of rape or incest; or (2) a woman suffers from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed. Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.

(Sec. 508) Restricts the use of funds provided by this bill for human embryo research and related activities.

(Sec. 509) Limits the use of funds provided by this bill for promoting the legalization of controlled substances. Includes an exception when there is medical evidence of a therapeutic advantage to the use of the drug or federally sponsored clinical trials are being conducted to determine therapeutic advantage.

(Sec. 510) Prohibits funds provided by this bill from being used for regulations to provide a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.

(Sec. 511) Prohibits funds provided by this bill from being used to enter into or renew a contract with a contractor that has not submitted to Labor a required annual report concerning employment of certain veterans.

(Sec. 512) Prohibits the transfer of funds provided by this bill to any federal department, agency, or instrumentality, except pursuant to an appropriations Act.

(Sec. 513) Prohibits funds provided by this bill from being used for libraries unless they are in compliance with the Children's Internet Protection Act.

(Sec. 514) Sets forth requirements, procedures, and restrictions for the reprogramming of funds.

(Sec. 515) Prohibits the use of funds provided by this bill to: (1) require candidates for scientific advisory committees to disclose their political activities, or (2) disseminate information that is deliberately false or misleading.

(Sec. 516) Requires departments and agencies funded in this bill to submit operating plans.

(Sec. 517) Requires Labor, HHS, and ED to report to Congress on the number and amounts of contracts, grants, and cooperative agreements awarded on a non-competitive basis.

(Sec. 518) Prohibits the SSA from processing earnings for work performed under a fraudulent Social Security number if the performance of the work has formed the basis of a conviction for violating specified provisions of the Social Security Act.

(Sec. 519) Prohibits the SSA from using funds provided by this bill to establish totalization arrangements between the U.S. Social Security system and the social security system of Mexico. (A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries.)

(Sec. 520) Restricts the use of funds provided by this bill to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

(Sec. 521) Requires computer networks of agencies funded by this bill to block pornography.

(Sec. 522) Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors.

(Sec. 523) Sets forth reporting requirements for spending on conferences.

(Sec. 524) Requires agencies funded by this bill to clearly state within the text, audio, or video used for advertising or educational purposes, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense.

(Sec. 525) Permits funds provided by this bill to be used to carry out up to 10 Performance Partnership Pilots that: (1) are designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, or that provide education, training, employment, and other related social services.

(Sec. 526) Requires Labor, HHS, ED, and SSA to submit specified reports to Congress on the status of balances of appropriations.

(Sec. 527) Reauthorizes the Special Olympics Sport and Empowerment Act of 2004.

(Sec. 528) Rescinds funds previously provided for the Independent Payment Advisory Board.

(Sec. 529) Prohibits specified amounts in the Child Enrollment Contingency Fund from being obligated during the current fiscal year.

(Sec. 530) Rescinds specified funds previously provided for the Children's Health Insurance Program.

(Sec. 531) Rescinds specified funds from the Children's Health Insurance Program Performance Bonus Fund.

(Sec. 532) Permits a state or local agency to use funds provided by this bill to: (1) implement requirements under current law related to prohibiting the aiding or abetting of sexual abuse, and (2) to support the costs of implementing or expanding criminal background checks for school personnel in accordance with state or local law.

Specifies that any local educational agency or school that receives funds under title VII of the Elementary and Secondary Education Act of 1965 that are provided by this bill is not subject to requirements that are the same or substantially similar to the requirements for background checks included in S. 2943 (National Defense Authorization Act for Fiscal Year 2017), as reported by the Senate Committee on Armed Services on May 18, 2016.