House Appropriations Committee Issues Report on Departments of Labor, HHS, Education, Related Agencies Appropriations Bill, 2018 (Part 9 of 10)

WASHINGTON, July 27 -- The House Appropriations Committee issued a report (H.Rpt. 115-244) on legislation (H.R. 3358) in explanation of the accompanying bill making appropriations for the Departments of Labor, Health and Human Services (except the Food and Drug Administration, the Agency for Toxic Substances and Disease Registry and the Indian Health Service), Education, Committee for Purchase from People Who Are Blind or Severely Disabled, Corporation for National and Community Service, Corporation for Public Broadcasting, Federal Mediation and Conciliation Service, Federal Mine Safety and Health Review Commission, Institute of Museum and Library Services, Medicaid and CHIP Payment and Access Commission, Medicare Payment Advisory Commission, National Council on Disability, National Labor Relations Board, National Mediation Board, Occupational Safety and Health Review Commission, Railroad Retirement Board, and the Social Security Administration for the fiscal year ending September 30, 2018. The report was advanced by Rep. Tom Cole, R-Okla., on July 24.

TITLE IV--RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

SALARIES AND EXPENSES

The Committee recommends $8,000,000 for the Committee for Purchase From People Who Are Blind or Severely Disabled (referred to as the AbilityOne Commission), which is the same as the fiscal year 2017 enacted level and $1,883,000 above the fiscal year 2018 budget request. The Committee believes oversight is necessary to ensure the program is operating in accordance with statutory requirements that blind or other severely disabled individuals provide at least 75 percent of hours or direct labor required for the production or provision of the products or services to Federal government agencies. To ensure the AbilityOne Commission maintains its oversight capacity, the Committee continues bill language requiring the AbilityOne Commission to establish written agreements with any central nonprofit agencies (CNA). The written agreements ensure the AbilityOne Commission can conduct appropriate audit, oversight, and reporting functions in accordance with standard Federal procurement policies.

Committee For Purchase From People Who Are Blind or Severely Disabled--Requested Reports.--The Committee for Purchase From People Who Are Blind or Severely Disabled shall submit in an electronic format quarterly reports, due at the end of each calendar month after the end of the fiscal year quarter, to the Committees on Oversight and Government Reform and Education and the Workforce of the House of Representatives, Committees on Homeland Security and Governmental Affairs and Health, Education, Labor, and Pensions of the Senate, and Committees on Appropriations of the House of Representatives and the Senate. The first report (Report 1) will include information on fees charged by a CNA. The report shall include the following:

1. Each fee charged pursuant to section 51-3.5 of title 41, Code of Federal Regulations

2. Each organization charged a fee pursuant to section 51-3.5 of title 41, Code of Federal Regulations

3. For each fee charged, for each Government order, please include the following information:

a. name of the nonprofit agency,

b. description of product or service ordered,

c. ordering government agency,

d. order price (total), and

e. contract award ID associated with any order, where applicable.

The second report (Report 2) will include information on CNA Expenditures. Each CNA designated pursuant to section 8503(c) of title 41, United States Code shall submit, in an electronic format, a report on expenditures, due at the end of each calendar month after the end of the fiscal year quarter, to the Committees on Oversight and Government Reform and Education and the Workforce of the House of Representatives, Committees on Homeland Security and Governmental Affairs and Health, Education, Labor, and Pensions of the Senate, and Committees on Appropriations of the House of Representatives and the Senate. The report shall include the total amount obligated by the CNA in the previous quarter for each of the following:

1. Employee salaries (total), including executive salaries,

2. Employee benefits, including executive benefits,

3. Executive salaries,

4. Executive benefits,

5. Total travel expenses,

6. Executive travel,

7. Lobbying,

8. Advertising and promotion,

9. CNA reserve level, and

10. Funds spent to support the efforts of the Committee For Purchase From People Who Are Blind or Severely Disabled, including a description of the activities, services, and products supplied to the Committee For Purchase From People Who Are Blind or Severely Disabled.

Office of Inspector General.--The Committee recommends not less than $1,250,000 for the Office of Inspector General.

Corporation for National and Community Service

OPERATING EXPENSES

The Committee recommends $1,030,358,000 to the Corporation for National and Community Service (Corporation) to carry out activities authorized under the Domestic Volunteer Service Act of 1973 and the National and Community Service Act of 1990. This funding level is the same as the fiscal year 2017 enacted level and $895,366,000 above the fiscal year 2018 budget request.

Volunteers in Service to America (VISTA)

The Committee recommends $92,364,000 for VISTA, which is the same as the fiscal year 2017 enacted level and $87,454,000 above the fiscal year 2018 budget request. This program provides capacity building for small, community-based organizations with a mission of combating poverty. VISTA members raise resources, recruit and organize volunteers, and establish and expand programs in housing, employment, health, and economic development activities.

National Senior Volunteer Corps

The Committee recommends $202,117,000 for the National Senior Volunteer Corps programs, which is the same as the fiscal year 2017 enacted level and $201,766,000 above the fiscal year 2018 budget request. Senior Corps is a collection of programs that connect Americans older than the age of 55 with opportunities to contribute their job skills and expertise to community projects and organizations. The breakout of funding by program is as follows:

National Senior Volunteer Corps.......................... FY 2018 Committee

Foster Grandparents Program.......................... $107,702,000

Senior Companion Program............................. 45,512,000

Retired Senior Volunteer Program..................... 48,903,000

AmeriCorps State and National Grants

The Committee recommends $386,010,000 for AmeriCorps State and National Grants, which is the same as the fiscal year 2017 enacted level and $383,669,000 above the fiscal year 2018 budget request. This program provides funds to local and national organizations and agencies to address community needs in education, public safety, health, and the environment.

Innovation, Assistance, and Other Activities

The Committee recommends $5,000,000 for this program, which is the same as the fiscal year 2017 enacted level and $5,000,000 above the fiscal year 2018 budget request.

Evaluation

The Committee recommends $4,000,000 for this program, which is the same as the fiscal year 2017 enacted level and $4,000,000 above the fiscal year 2018 budget request. These funds support research on program effectiveness.

National Civilian Community Corps

The Committee recommends $30,000,000 for this program, which is the same as the fiscal year 2017 enacted level and $5,913,000 above the fiscal year 2018 budget request. This program supports residential, team-based service opportunities for individuals aged 18-24.

State Commission Administrative Grants

The Committee recommends $16,538,000 for this program, which is the same as the fiscal year 2017 enacted level and $16,538,000 above the fiscal year 2018 budget request. Funds are used for formula grants to support State oversight of service programs.

Payment to the National Service Trust

The Committee recommends $206,842,000 for payments to the National Service Trust, which is the same as the fiscal year 2017 enacted level and $206,842,000 above the fiscal year 2018 budget request. The National Service Trust makes payments for Segal education awards, pays interest that accrues on qualified student loans for AmeriCorps participants during terms of service in approved national service positions, and makes other payments entitled to members who serve in the programs of the Corporation.

SALARIES AND EXPENSES

The Committee recommends $81,737,000 for Salaries and Expenses, which is the same as the fiscal year 2017 enacted level and $17,998,000 below the fiscal year 2018 budget request.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $5,750,000 for the Office of Inspector General, which is the same as the fiscal year 2017 enacted level and $2,182,000 above the fiscal year 2018 budget request.

ADMINISTRATIVE PROVISIONS

Sec. 401. The Committee continues bill language that combines separate matching requirements for AmeriCorps grants.

Sec. 402. The Committee continues bill language related to National Service Trust minimum share requirements.

Sec. 403. The Committee continues bill language related to donations.

Sec. 404. The Committee continues bill language related to veterans.

Sec. 405. The Committee continues bill language related to criminal history background checks.

Corporation for Public Broadcasting

The Committee recommends $445,000,000 for the Corporation for Public Broadcasting for fiscal year 2020. This appropriation will fund content development, community services, and other local station and system needs for the Corporation for Public Broadcasting (CPB). The Committee does not provide funding for the public broadcasting interconnection system. The Committee recommendation is $50,000,000 below the fiscal year 2017 enacted level and $445,000,000 more than the fiscal year 2018 budget request.

The Committee values the contributions of public television and radio stations in serving the needs of their local communities. National organizations should continue to invest in high quality, national, diverse programming to be made available to locally-owned and operated stations. In fulfilling the mission of the Public Broadcasting Act, CPB should encourage Federally funded content distributed through National organizations to focus on rural America, civic discourse and engagement, and life-long learning. This content should reflect America's increasing diversity, including age, ethnicity, race, gender, socio-economic background, geography, and points of view. Local television and radio stations, in the interest of best serving their communities, should continue to have discretion on what content to broadcast from the National organizations.

National Minority Consortia.--According to the Public Broadcasting Act, one of the greatest priorities of public broadcasting is to address the needs of unserved and underserved audiences, particularly children and minorities. Programming that reflects the histories and perspectives of diverse racial and ethnic communities is a core value and responsibility of public broadcasting, therefore the Committee supports continued investment in the National Minority Consortia to help accomplish this goal.

Federal Mediation and Conciliation Service

SALARIES AND EXPENSES

The Committee recommends $46,650,000 for the Federal Mediation and Conciliation Service, which is the same as the fiscal year 2017 enacted level and $2,005,000 less than the fiscal year 2018 budget request.

Federal Mine Safety and Health Review Commission

SALARIES AND EXPENSES

The Committee recommends $17,134,000 for the Federal Mine Safety and Health Review Commission, which is $50,000 less than the fiscal year 2017 enacted level and $81,000 more than the fiscal year 2018 budget request.

Institute of Museum and Library Services

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

The Committee recommends $231,000,000 for the Institute of Museum and Library Services (IMLS), which is the same as the fiscal year 2017 enacted level and $208,000,000 above the fiscal year 2018 budget request. Within the total for IMLS, the Committee recommends the following amounts:

Budget Activity................... This Bill

Library Services Technology Act:

Grants to States................................. $156,103,000

Native American Library Services................. 4,063,000

National Leadership: Libraries................... 13,406,000

Laura Bush 21st Century Librarian................ 10,000,000

Museum Services Act:

Museums for America.............................. 21,149,000

21st Century Museum Professionals................ 0

Conservation Project Support..................... 0

Native American/Hawaiian Museum Services......... 972,000

National Leadership: Museums..................... 8,113,000

African American History and Culture Act:

Museum Grants for African American History and 1,481,000

Culture.........................................

Museum and Library Services Act General Provisions:

Research, Analysis and Data Collection........... 1,713,000

Program Administration............................... 14,000,000

Library Services and Technology

The Grants to State Library Agencies program provides funds to State Library Administrative Agencies using a population- based formula.

Program Administration

The Committee recommends $14,000,000 for Program Administration, which is the same as the fiscal year 2017 enacted level. These funds provide administrative and management support for all programs administered by IMLS. The Committee also includes $1,713,000 for IMLS' activities in policy, research, and data collection, including functions formerly conducted by the National Commission on Libraries and Information Science.

Medicare Payment Advisory Commission

SALARIES AND EXPENSES

The Committee recommends $12,175,000 for the Medicare Payment Advisory Commission, which is $250,000 more than the fiscal year 2017 enacted level and $120,000 less than the fiscal year 2018 budget request.

The Medicare Payment Advisory Commission (MedPAC) is an independent agency tasked with advising the U.S. Congress on issues affecting the Medicare program. In addition to advising the Congress on payments to private health plans participating in Medicare and providers in Medicare's traditional fee-for- service program, MedPAC is also responsible for providing analysis on access to care, quality of care, and other issues affecting Medicare.

Medicaid and CHIP Payment and Access Commission

SALARIES AND EXPENSES

The Committee provides $7,500,000 for the Medicaid & CHIP Payment and Access Commission, which is $265,000 less than the fiscal year 2017 enacted level and $1,200,000 below the fiscal year 2018 budget request.

The Committee supports the unique role played by the Medicaid and CHIP Payment and Access Commission (MACPAC) in providing nonpartisan policy and data analysis on a wide array of issues affecting Medicaid and the State Children's Health Insurance Program. In addition to the analysis, MACPAC is also responsible for making recommendations to ensure the programs continue to serve low-income and other vulnerable populations, including an examination of the budget consequences. The Committee encourages MACPAC to include in their policy recommendations additional specific recommended policy changes to the program that can results in savings to accompany any policy changes that may entail additional costs. Recognizing the wide array of State practices and States' unique partnership role in running the Medicaid program, the Committee also encourages MACAPAC to consider how it may serve as a resource in highlighting State innovations in delivery system reforms, cost-containment strategies, care coordination best practices, and other efforts to run an efficient and effective State Medicaid program.

National Council on Disability

SALARIES AND EXPENSES

The Committee recommends $3,200,000 for the National Council on Disability, which is $50,000 below the fiscal year 2017 enacted level and $11,000 below the fiscal year 2018 budget request.

National Labor Relations Board

SALARIES AND EXPENSES

The Committee recommends $249,000,000 for the National Labor Relations Board, which is $25,224,000 less than the fiscal year 2017 enacted level and $9,000,000 less than the fiscal year 2018 budget request.

ADMINISTRATIVE PROVISIONS

Sec. 406. The Committee continues a provision relating to electronic voting for purposes of collective bargaining.

Sec. 407. The Committee includes a new provision relating to jurisdiction over Indian tribes.

Sec. 408. The Committee includes a new provision relating to joint-employer standards.

Sec. 409. The Committee includes a new provision relating to collective bargaining units.

National Mediation Board

SALARIES AND EXPENSES

The Committee recommends $13,500,000 for the National Mediation Board, which is $300,000 above the fiscal year 2017 enacted level and $295,000 below the fiscal year 2018 budget request.

Occupational Safety and Health Review Commission

SALARIES AND EXPENSES

The Committee recommends $12,875,000 for the Occupational Safety and Health Review Commission, which is $350,000 below the fiscal year 2017 enacted level and $260,000 above the fiscal year 2018 budget request.

Railroad Retirement Board

DUAL BENEFITS PAYMENTS ACCOUNT

The Committee recommends $22,000,000 for dual benefits, which is $3,000,000 below the fiscal year 2017 enacted level and the same as the fiscal year 2018 budget request. This appropriation is authorized by the Railroad Retirement Act of 1974 to fund vested dual benefits received by railroad retirees who, under prior law, would have become covered by both the railroad retirement system and the Social Security system because railroad retirement was not fully coordinated with social security from 1937 to 1974. The Committee includes a provision permitting a portion of these funds to be derived from income tax receipts on dual benefits as authorized by law. The Railroad Retirement Board estimates that approximately $1,000,000 may be derived in this manner.

FEDERAL PAYMENT TO THE RAILROAD RETIREMENT ACCOUNTS

The Committee recommends $150,000 for the interest earned on unnegotiated checks, which is the same as the fiscal year 2017 enacted level and the fiscal year 2018 budget request.

LIMITATION ON ADMINISTRATION

The Committee recommends a consolidated limitation of $113,500,000 on the expenditure of Railroad Retirement and Railroad Unemployment Trust Funds for administrative expenses of the Railroad Retirement Board (RRB), which is the same as the fiscal year 2017 enacted level and $2,275,000 above the fiscal year 2018 budget request.

The Committee maintains its position that the financial statements and audit of the National Railroad Retirement Investment Trust should remain separate from the financial statements and audit of the RRB. The Committee notes that the Railroad Retirement and Survivors' Improvement Act of 2001 mandates that the Trust function independently from the RRB. Further, the Act specifically requires a separate audit of the Trust by a nongovernmental auditor and requires that the results of this audit be included in the Trust's Annual Management Report to Congress. The Committee expects that the Trust shall be administered and audited solely in conformance with the Railroad Retirement and Survivors' Improvement Act of 2001.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

The Committee recommends authority to expend $10,000,000 from the Railroad Retirement and Railroad Unemployment Insurance Trust Funds for the Office of Inspector General, which is equal to the fiscal year 2017 enacted level and $1,563,000 above the fiscal year 2018 budget request.

Social Security Administration

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

The Committee recommends $11,400,000 for mandatory payments necessary to compensate the Old Age and Survivors Insurance (OASI) Trust Fund and the Disability Insurance (DI) Trust Fund, which is the same as the fiscal year 2017 enacted level and the fiscal year 2018 budget request. This appropriation provides reimbursement to the Social Security trust funds for non-trust fund activities.

SUPPLEMENTAL SECURITY INCOME PROGRAM

The Committee recommends $38,591,635,000 for the Supplemental Security Income (SSI) program, which is $5,026,528,000 below the fiscal year 2017 enacted level and $35,109,000 above the fiscal year 2018 budget request. The Committee recommends $19,500,000,000 in advance funding for the first quarter of fiscal year 2019, as requested.

Research and Demonstration

Within the appropriation for SSI, the Committee recommends $101,000,000 for research and demonstration activities, which is $43,000,000 more than the fiscal year 2017 enacted level and the same as the fiscal year 2018 budget request.

The Committee does not include bill language extending the period of availability for research and demonstrations. The Committee requests, as part of the fiscal year 2019 Congressional Justification, for each research or demonstration project the total cost obligated to date.

Administration

Within the appropriation for SSI, the Committee recommends $5,095,635,000, which is $66,208,000 above the fiscal year 2017 enacted level and $35,109,000 above the fiscal year 2018 budget request level for payment to the Social Security trust funds for SSI's share of the base administrative expenses of the Social Security Administration (SSA).

LIMITATION ON ADMINISTRATIVE EXPENSES

The Committee recommends $10,538,945,000 for the Limitation on Administrative Expenses (LAE) account to be funded from the Social Security and Medicare trust funds, which is the same as the fiscal year 2017 enacted level and $64,055,000 below the fiscal year 2018 budget request. The LAE funds support SSA operational costs to administer the Old Age and Survivors Insurance (OASI), Disability Insurance (DI), and Supplemental Security Income programs, and to support the Centers for Medicare and Medicaid Services in administering their programs.

Pilot Program Metrics.--Pilot programs are valuable opportunities to evaluate the effects of programmatic changes, but require a well thought out design that includes appropriate measures to evaluate the pilot's effectiveness. For instance, the Social Security Advisory Board found, despite beginning the Single Decision Maker pilot in 1999, the Social Security Administration (SSA) is unable to determine if it was effective due to a lack of quality data. The Committee is concerned with the SSA's consistent struggle to capture useful metrics to evaluate the performance of its pilot programs and expects that, prior to undertaking any new pilots, the SSA will ensure that it has developed a research design that includes adequate metrics to determine the pilot's effectiveness. For any new pilot launched in the prior fiscal year, or proposed in the current or budget year, the Committee directs the SSA to include in the fiscal year 2019 Congressional Justification a description of the pilot and what measures SSA will use to determine its effectiveness.

Information Technology.--The Committee continues to request the plan referenced under this heading in House Report 114-699.

Reducing Social Security Number Use.--Social Security numbers (SSNs) are valuable targets for identity theft because of their regular use by both the Federal government and the private sector as a unique identifier. Despite this, the Social Security Administration (SSA) still mails full SSNs on approximately 233 million notices or forms of correspondence each year. While the SSA has committed to removing SSNs from its mailings whenever possible, it has not provided a timeframe to do so. The Committee appreciates the SSA's stated commitment to reducing the use of SSNs on mailed documents and requires additional information to monitor progress. The Committee directs the SSA to provide a report within 60 days of enactment of this Act to the House of Representatives Committee on Appropriations Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies and to the Committee on Ways and Means Subcommittee on Social Security, that includes the title and identification number of each document used by the SSA containing a full SSN, the most recent date this document was updated, and either a justification for why the use of a full SSN is necessary for inclusion on that document or the projected date on which the full SSN will be removed from the document.

Report on Medical Listings.--SSA employs medical listings to make disability determinations, many of which have not been updated. The Committee continues direction for SSA to provide a report within 60 days of enactment to the House of Representatives Committee on Appropriations Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies and the Committee on Ways and Means Subcommittee on Social Security regarding the number of years since the last update and when the agency expects to conduct all of the updates for all medical listings.

Report on LAE Expenditures.--The Committee continues to request the report referenced under this heading in House Report 114-699 as part of the fiscal year 2019 Congressional Justification.

Social Security Advisory Board

The Committee recommends that not less than $2,300,000 of the LAE funding be available for the Social Security Advisory Board, which is the same as the fiscal year 2017 enacted level and the fiscal year 2018 budget request.

The Committee requests the Social Security Advisory Board include additional information regarding the work of the Social Security Advisory Board in developing recommendations to improve SSA's quality of service to the public in the fiscal year 2019 Congressional Justification. The Committee does not include bill language providing the Social Security Advisory Board reception and representation authority.

User Fees

In addition to the other amounts provided, the Committee recommends $119,000,000 for administrative activities funded from user fees. Of this amount, $118,000,000 is derived from fees collected from States that request SSA to administer State SSI supplementary payments.

Continuing Disability Reviews and Redeterminations

The Committee recommends $1,735,000,000 for program integrity activities. In the wake of multiple large-scale disability fraud cases, the Committee believes that successful program integrity activities are vital to maintaining the public's support for benefit payments to recipients deserving of assistance.

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $105,500,000 for the Office of Inspector General, of which the bill provides authority to expend $75,500,000 from the OASI and DI trust funds. This funding level is the same as the fiscal year 2017 enacted level and the fiscal year 2018 budget request.

TITLE V--GENERAL PROVISIONS

(TRANSFER OF FUNDS)

Sec. 501. The Committee continues a provision allowing the Secretaries of Labor, Health and Human Services, and Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations to be used for the same purposes and for the same periods of time for which they were originally appropriated.

Sec. 502. The Committee continues a provision prohibiting the obligation of funds beyond the current fiscal year unless expressly so provided.

Sec. 503. The Committee continues a provision prohibiting funds from being used to support or defeat legislation.

Sec. 504. The Committee continues a provision limiting the amount available for official reception and representation expenses for the Secretaries of Labor and Education, the Director of the Federal Mediation and Conciliation Service, and the Chairman of the National Mediation Board.

Sec. 505. The Committee continues a provision requiring grantees receiving Federal funds to clearly state the percentage of the total cost of the program or project that will be financed with Federal money.

Sec. 506. The Committee continues a provision prohibiting the use of funds for any abortion.

Sec. 507. The Committee continues a provision providing exceptions to section 506 and a provision prohibiting funds from being made available to a Federal agency or program, or to a State or local government, if such agency, program or government discriminates against institutional or individual health care entities because they do not provide, pay for, provide coverage of, or refer for abortions.

Sec. 508. The Committee continues a provision prohibiting use of funds for certain research involving human embryos.

Sec. 509. The Committee continues a provision prohibiting use of funds for any activity that promotes the legalization of any drug or substance included in schedule I of the schedules of controlled substances.

Sec. 510. The Committee continues a provision prohibiting use of funds to promulgate or adopt any final standard providing for a unique health identifier until legislation is enacted specifically approving the standard.

Sec. 511. The Committee continues a provision related to annual reports to the Secretary of Labor.

Sec. 512. The Committee continues a provision prohibiting transfer of funds made available in this Act except by authority provided in this Act or another appropriations Act.

Sec. 513. The Committee continues a provision to limit funds in the bill for public libraries to those that comply with the requirements of the Children's Internet Protection Act.

Sec. 514. The Committee continues a provision regarding procedures for reprogramming of funds.

Sec. 515. The Committee continues a provision pertaining to appointments to scientific advisory committees.

Sec. 516. The Committee continues a provision requiring each department and related agency funded through this Act to submit an operating plan within 45 days of enactment, detailing any funding allocations that are different than those specified in this Act, the accompanying detailed table, or budget request.

Sec. 517. The Committee continues a provision requiring the Secretaries of Labor, Health and Human Services, and Education to submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate containing certain information on noncompetitive contracts, grants, and cooperative agreements exceeding $500,000 in value.

Sec. 518. The Committee continues a provision prohibiting the use of funds to process claims for credit for quarters of coverage based on work performed under a Social Security number that was not the claimant's number, where the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act.

Sec. 519. The Committee continues a provision prohibiting the use of funds to implement a Social Security totalization agreement with Mexico.

Sec. 520. The Committee continues a provision related to needle exchange.

Sec. 521. The Committee continues a provision prohibiting the use of funds for the downloading or exchanging of pornography.

Sec. 522. The Committee continues a provision that prohibits funding from going to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or successors.

Sec. 523. The Committee continues a provision relating to reporting requirements for conference expenditures.

Sec. 524. The Committee continues a provision relating to disclosure of U.S. taxpayer funding for programs used in advertising.

Sec. 525. The Committee continues a provision relating to performance partnership pilots.

Sec. 526. The Committee continues provision requesting quarterly reports on the status of balances of appropriations from the Departments of Labor, Health and Human Services and Education and the Social Security Administration.

Sec. 527. The Committee includes a new provision prohibiting use of funds to implement, administer, enforce or further the provisions of Public Law 111-148 and portions of public Law 111-152 with certain exceptions.

Sec. 528. The Committee includes a new provision prohibiting use of funds for research on fetal tissue obtained from an induced abortion.

Sec. 529. The Committee includes a new provision restricting funding to certain health care entities.

(RESCISSION)

Sec. 530. The Committee rescinds $560,000,000 from the nonrecurring expenses fund.

(RESCISSION)

Sec. 531. The Committee rescinds $15,000,000 provided under section 3403 [Independent Payment Advisory Board] of Public Law 111-148.

Sec. 532. The Committee modifies a provision relating to the Child Enrollment Contingency Fund.

(RESCISSION)

Sec. 533. The Committee rescinds $323,000,000 in unused funds provided under section 1101(g) [Pre-Existing Condition Insurance Program] of Public Law 111-148.

(RESCISSION)

Sec. 534. The Committee rescinds $88,613,000 in unused funds provided under section 2105(a)(3) [Children's Health Insurance Program Performance Bonus Payment] of the Social Security Act.

(RESCISSION)

Sec. 535. The Committee rescinds $3,945,905,000 in unused funds provided under section 301(b)(3) [Children's Health Insurance Program allotments] of Public Law 114-10.

Sec. 536. The Committee includes a new provision relating to conscience protection with respect to health care entities that refuse to participate in abortions.

Sec. 537. The Committee includes a new provision relating to minimum wage on Federal lands.

SPENDING REDUCTION ACCOUNT

Sec. 538. The Committee includes a Spending Reduction Account.

House of Representatives Reporting Requirements

The following materials are submitted in accordance with various requirements of the Rules of the House of Representatives:

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations.

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following lists the rescissions of unexpended balances included in the accompanying bill:

RESCISSIONS RECOMMENDED IN THE BILL

Account....................... Amount

Department of Labor

Dislocated Workers National Reserve.............. $200,000,000

Department of Health and Human Services

Nonrecurring Expenses Fund....................... 560,000,000

Independent Payment Advisory Board............... 15,000,000

Preexisting Condition Insurance Program.......... 323,000,000

Children's Health Insurance Program.............. 3,945,905,000

Performance Bonus Payments....................... 88,046,000

Department of Education

Pell Grants...................................... 3,270,844,000

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following lists the transfers of unexpended balances included in the accompanying bill:

TITLE I

Language is included under "Job Corps"permitting the transfer of funds for Job Corps Center construction, rehabilitation and acquisition to meet the operational needs of Job Corps Centers or to achieve administrative efficiencies.

Language is included under "Special Benefits'"which provides for the transfer of such sums as necessary from the "Postal Service"account.

Language is included under "Black Lung Disability Trust Fund"which provides for the transfer of funds to the "Department of Labor, Office of Workers' Compensation Program, Salaries and Expenses.''

Language is included under "Black Lung Disability Trust Fund"which provides for the transfer of funds to the "Department of Labor, Departmental Management, Salaries and Expenses.''

Language is included under "Black Lung Disability Trust Fund"which provides for the transfer of funds to the "Department of Labor, Departmental Management, Office of Inspector General.''

Language is included under "Black Lung Disability Trust Fund"which provides for the transfer of funds to the "Department of the Treasury.''

Language is included under "Departmental Management, Salaries and Expenses'"authorizing the transfer of funds available for program evaluation to any other account within the Department to carry out evaluation activities.

A general provision is included that allows not to exceed one percent of any discretionary appropriations to be transferred between an appropriation of the Department of Labor, provided that no such appropriation is increased by more than three percent by such transfer.

A general provision is included that authorizes the transfer of funds from the "Employment and Training Administration"for technical assistance services to grantees to "Program Administration.''

A general provision is included that provides for the transfer of up to 0.75 percent of funds from each appropriation to carry out evaluations of any of the programs or activities from "Training and Employment Services'', " Job Corps'', "Community Service Employment for Older Americans,""State Unemployment Insurance and Employment Service Operations'', "Employee Benefits Security Administration'', "Office of Workers' Compensation Programs'', "Wage and Hour Division'', "Office of Federal Contract Compliance Programs'', "Office of Labor-Management Standards'', "Occupational Safety and Health Administration'', "Mine Safety and Health Administration'', Office of Disability Employment Policy, "Bureau of International Affairs"and Women's Bureau"within the Departmental Management, Salaries and Expenses"account, and "Veterans Employment and Training"for use by the Office of the Chief Evaluation Officer.

TITLE II

Language is included under "Centers for Disease Control and Prevention, Buildings and Facilities"to allow the transfer of prior year unobligated Individual Learning Account funds to be transferred to this account to carry out the purpose of this account.

Language is included under "Administration for Children and Families--Refugee and Entrant Assistance"permitting transfers pursuant to a general provision to increase an appropriation under this heading by ten percent.

Language is included under "Administration for Community Living, Aging and Disability Services Programs"for transfer to the Secretary of Agriculture to carryout section 311 of the Older Americans Act of 1965.

Language is included under "Public Health and Social Services Emergency Fund"to provide enhanced transfer authority to this account to address public health emergencies.

A general provision is included that allows not to exceed one percent of any discretionary funds to be transferred between appropriation accounts of the "Department of Health and Human Services'', provided that no appropriation account is increased by more than three percent by such transfer.

A general provision is included that allows the transfer of up to three percent among the institutes and centers of the "National Institutes of Health"from amounts identified as pertaining to the human immunodeficiency virus.

A general provision is included that allows the transfer of funding determined to be related to the human immunodeficiency virus to the "Office of AIDS Research''.

A general provision is included that transfers one percent of the amount made available for "National Research Service Awards"at the "National Institutes of Health"to the "Health Resources and Services Administration''.

A general provision is included to direct the transfer of the "Prevention and Public Health Fund"as specified in the committee report accompanying this Act.

TITLE III

A general provision is included that allows not to exceed one percent of any discretionary funds to be transferred between appropriation accounts of the Department of Education, provided that no appropriation account is increased by more than three percent by such transfer.

TITLE IV

Language is included under Payment to the National Service Trust authorizing the transfer of funds from the "Corporation for National and Community Service, Operating Expenses"to support the activities of national service participants.

Language is included under "Social Security Administration"authorizing the transfer of up to three percent of the Social Security Administration's "Limitation on Administration Expenses'"account to be available for purposes of the Office of Inspector General.

TITLE V

A general provision is included that allows the Secretaries of Labor, Health and Human Services, and Education to transfer balances of prior appropriation to accounts corresponding to current appropriations.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 of rule XXI.

Compliance With Rule XIII, CL. 3(E) (Ramseyer Rule)

In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

HIGHER EDUCATION ACT OF 1965

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law.

TITLE I--DEPARTMENT OF LABOR

Language is included under "Employment and Training Administration"providing that allotments to outlying areas are not required to be made through the Pacific Region Educational Laboratory as provided by section 127 of the Workforce Innovation and Opportunity Act (WIOA).

Language is included under "Employment and Training Administration"providing amounts made available for dislocated workers may be used for State activities or across multiple local areas where workers remain dislocated.

Language is included under "Employment and Training Administration"providing that technical assistance projects may provide assistance to new entrants in the workforce and incumbent workers.

Language is included under "Employment and Training Administration"providing that the Secretary of Labor may reserve not more than 10 of funds to provide technical assistance activities related to the transition to WIOA.

Language is included under "Employment and Training Administration"providing that the Department of Labor may take no action to limit the number or proportion of eligible applicants receiving related assistance services in the migrant and seasonal farmworkers programs.

Language is included under "Job Corps"providing that amounts made available for construction and rehabilitation may include acquisition and maintenance of major items of equipment.

Language is included under "Job Corps"providing authority to transfer up to 15 percent of construction and rehabilitation funds for operational needs with prior written notice to the Committee and that any such transfers are available for obligation through June 30, 2019.

Language is included under "Job Corps"providing that no funds from any other appropriation may be used for meal services at Job Corps.

Language in included under "Federal Unemployment Benefits and Allowances"providing that funding may be available beyond the current year in accordance with section 245(c) of the Trade Act of 1974.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing for reemployment services and referrals to training for all claimants of unemployment insurance for ex-service members, for improper payment reviews, and for unemployment claimants most likely to exhaust their benefits.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing for additional administrative funds from the Unemployment Trust Fund if unemployment claims exceed certain levels.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing authority for States to use funds to assist other States to carry out authorized activities in cases of a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that the Department of Labor may make payments on behalf of States for the use of the National Directory of New Hires.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that the Department of Labor may make payments from funds appropriated for States' grants on behalf of States to the entity operating the State Information Data Exchange System.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that the Department of Labor may make payments from funds appropriated for States' grants on behalf of States to the entity operating the Unemployment Insurance Integrity Center of Excellence.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that appropriations for establishing a national one-stop career system may be obligated in contracts, grants or agreements with States or non-State entities.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that States awarded grants to support national activities of the Federal- State unemployment insurance system may award subgrants to other States.

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that funds available for integrated Unemployment Insurance and Employment Service automation may be used by States notwithstanding cost allocation principles prescribed under the Office of Management and Budget "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.''

Language is included under "State Unemployment Insurance and Employment Service Operations"providing that the Department of Labor may reallot funds among States participating in a consortium.

Language is included under "State Unemployment Insurance and Employment Service Operations"allowing the Secretary to collect fees, to remain available until September 30, 2019, for the costs associated with additional data collection, analyses, and reporting services related to the National Agricultural Workers Survey.

Language is included under "Pension Benefit Guarantee Corporation"providing for additional administrative funds if participants with plans terminated during the period exceed a certain level.

Language is included under "Pension Benefit Guarantee Corporation"providing that obligations may exceed amounts provided for unforeseen and extraordinary pretermination expenses or unforeseen and extraordinary multiemployer program expenses if approved by the Office of Management and Budget.

Language is included under "Special Benefits"providing that the Department of Labor may use authority to reimburse an employer who is not the employer at the time of injury for portions of the salary of a re-employed, disabled beneficiary.

Language is included under "Special Benefits"providing that balances of reimbursements unobligated on September 30, 2017 shall remain available until expended.

Language is included under "Special Benefits"providing that funds shall be transferred to the appropriation from entities required under 5 U.S.C. 8147(c) as determined by the Department of Labor.

Language is included under "Special Benefits"providing that funds transferred from entities under 5 U.S.C 8147(c), specified amounts may be used by the Department of Labor for maintenance and data and communications systems, workload processing, roll disability management and medical review, and program integrity with remaining amounts paid into the Treasury.

Language is included under "Special Benefits"providing that the Secretary may prescribe regulations requiring identification for the filing benefit claims.

Language is included under "Administrative Expenses, Energy Employees Occupational Illness Compensation Fund" providing that the Secretary may prescribe regulations for requiring identification for the filing benefit claims.

Language is included under "Occupational Safety and Health Administration"providing that up to a certain amount of fees collected from the training institute may be retained and used for related training and education.

Language is included under "Occupational Safety and Health Administration"providing that fees collected from Nationally Recognized Testing Laboratories may be used to administer laboratory recognition programs that insure safety of equipment used in the workplace.

Language is included under "Occupational Safety and Health Administration"that prohibits enforcement on farming operations of 10 or fewer employees or of an employer with 10 or fewer employees that is below the national average in specific injury categories except under specific exclusions.

Language is included under "Mine Safety and Health Administration"providing that funds made available for State assistance grants may be used for the purchase and maintenance of equipment required by the Coal Mine Dust rule.

Language is included under "Mine Safety and Health Administration"providing that a specific amount may be collected by the National Mine Health and Safety Academy and made available for mine safety and health education and training.

Language is included under "Mine Safety and Health Administration"providing that a specific amount may be collected from the approval and certification of equipment and materials and made available for other such activities.

Language is included under "Mine Safety and Health Administration"providing that the Department of Labor may accept lands, buildings, equipment, and other contributions from public and private sources for cooperative projects.

Language is included under "Mine Safety and Health Administration"providing that the Department of Labor may promote health and safety education and training through cooperative agreements with States, industry and safety associations.

Language is included under "Mine Safety and Health Administration"providing that the Department of Labor may recognize the Joseph A. Holmes Safety Association as the principal safety association and may provide funds or personnel as officers in local chapters or the national organization.

Language is included under "Mine Safety and Health Administration"providing that the Department of Labor may use appropriated funds to provide for costs associated with mine rescue and survival operations in the event of a major disaster.

Language is included under "Departmental Management-- Salaries and Expenses"providing that the Bureau of International Labor Affairs may operating international labor activities through grants, subgrants or other arrangements.

Language is included under "Departmental Management-- Salaries and Expenses"providing that funds available for program evaluation may be used to administer grants for evaluation purposes under certain conditions.

Language is included under "Departmental Management-- Salaries and Expenses"providing that funds available to the Women's Bureau may be used for grants to service and promote the interests of women in the workplace.

Language is included under "Departmental Management-- Salaries and Expenses"providing that certain amounts made available to the Women's Bureau shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act.

Language is included under "Veterans Employment and Training"providing that up to three percent of States' grants may be used for federal expenditures for data systems and contract support.

Language is included under "Veterans Employment and Training"providing that funds may be used for support specialists providing intensive services to wounded servicemembers.

Language is included under "Veterans Employment and Training"providing that Department of Labor may reallocate up to three percent of funds provided among appropriated accounts.

Language is included under "Veterans Employment and Training"providing that the HIRE Vets Medallion Award Fund shall be available to the Secretary for expenses of the HIRE Vets Medallion Award Program.

Language is included under "Veterans Employment and Training"providing that funds made available to assist homeless veterans may be awarded through September 30, 2018.

Language is included under "Veterans Employment and Training"providing that authorized services to veterans may also be provided to veterans recently released from incarceration.

Language is included under "General Provisions" prohibiting the use of Job Corps funds to pay the salaries and bonuses at a rate in excess of Executive Level II.

Language is included under "General Provisions" authorizing the transfer of up to one percent of discretionary funds between programs, projects, or activities as long as the transfer does not increase any program, project, or activity by more than three percent and no new program, project, or activity is created by such transfer.

Language is included under "General Provisions" prohibiting the use funds for procurement of goods or services rendered by forced or indentured child labor.

Language is included under "General Provisions" prohibiting the use of any funds appropriated for grants solicited after January 15, 2014, under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998, for purposes other than competitive grants for training individuals over the age of 16 who are not currently enrolled in school in the occupations and industries for which employers are using H-1B visa to hire foreign workers.

Language is included under "General Provisions" prohibiting the use of any funds appropriated for Employment and Training Administration programs to be used to pay the salaries and bonuses at a rate in excess of Executive Level II except under specific exclusions.

Language is included under "General Provisions"providing that the Department of Labor may transfer funds from the Employment and Training Administration to Program Administration when it is determined that services will be more efficiently performed and that the Department may transfer certain amounts to Program Administration to conduct program integrity activities.

Language is included under "General Provisions"providing that the Department of Labor may transfer funds from specified accounts to the "Office of the Chief Evaluation Officer"for program evaluations.

Language is included under "General Provisions"providing that the Department of Labor may use the performance accountability system in effect prior to July 1, 2016 for purposes of implementing section 147 of the WIOA.

Language is included under "General Provisions"regarding the application of certain Fair Labor Standards Act requirements pertaining to the evaluation of claims following a major disaster.

Language is included under "General Provisions" rescinding advance appropriations for the Dislocated Workers National Reserve.

Language is included under "General Provisions"providing flexibility of crossing for H-2B nonimmigrant workers in the seafood industry.

Language is included under "General Provisions"providing requirements for the determination of prevailing wages in the H-2B nonimmigrant workers program.

Language is included under "General Provisions" prohibiting the use of any funds to enforce certain administrative requirements under the H-2B nonimmigrant workers program.

Language is included under "General Provisions"providing that the regulation regarding the definition of the term fiduciary has no effect.

Continues with Part 10 of 10

Myron Struck, editor, Targeted News Service, Springfield, Va., 703/304-1897; editor@targetednews.com; http://www.targetednews.com