IB 

Union Calendar No. 362 

116TH CONGRESS 

2D SESSION H. R. 7614 

[Report No. 116–450] 

Making appropriations for the Departments of Labor, Health and Human 

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

September 30, 2021, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2020 

Ms. DELAURO, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Labor, Health 

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2021, and 

for other purposes. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Labor, Health and Human Services, and 

6 Education, and related agencies for the fiscal year ending 

7 September 30, 2021, and for other purposes, namely: 

8 TITLE I 

9 DEPARTMENT OF LABOR 

10 EMPLOYMENT AND TRAINING ADMINISTRATION

11 TRAINING AND EMPLOYMENT SERVICES

12 For necessary expenses of the Workforce Innovation 

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

14 and the National Apprenticeship Act, $3,696,700,000, 

15 plus reimbursements, shall be available. Of the amounts 

16 provided: 

17 (1) for grants to States for adult employment 

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

20 $2,869,832,000 as follows: 

21 (A) $864,649,000 for adult employment 

22 and training activities, of which $152,649,000 

23 shall be available for the period July 1, 2021 

24 through June 30, 2022, and of which 


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

2 October 1, 2021 through June 30, 2022; 

3 (B) $925,130,000 for youth activities, 

4 which shall be available for the period April 1, 

5 2021 through June 30, 2022; and 

6 (C) $1,080,053,000 for dislocated worker 

7 employment and training activities, of which 

8 $220,053,000 shall be available for the period 

9 July 1, 2021 through June 30, 2022, and of 

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

11 period October 1, 2021 through June 30, 2022: 

12 Provided, That the funds available for allotment to 

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

14 WIOA shall not be subject to the requirements of 

15 section 127(b)(1)(B)(ii) of such Act: Provided fur16 ther, That notwithstanding the requirements of the 

17 WIOA, the Secretary may waive certain require18 ments to permit the outlying areas to submit a sin19 gle application for a consolidated grant that awards 

20 funds that would otherwise be available to such 

21 areas to carry out the activities described in subtitle 

22 B of title I of the WIOA: Provided further, That 

23 upon receipt of a waiver, an application shall be sub24 mitted to the Secretary at such time, in such man25 ner and containing respective spending plans with a 


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1 funding floor for each program and activity author2 ized under such subtitle B of title I of the WIOA as 

3 the Secretary may require: Provided further, That 

4 outlying areas awarded a consolidated grant de5 scribed in the preceding provisos may use identified 

6 excess funding above the funding floor for each ac7 tivity for any of the other programs and activities 

8 authorized under such subtitle B of title I of the 

9 WIOA subject to such reporting requirements issued 

10 by the Secretary; and 

11 (2) for national programs, $826,868,000 as fol12 lows: 

13 (A) $280,859,000 for the dislocated work14 ers assistance national reserve, of which 

15 $80,859,000 shall be available for the period 

16 July 1, 2021 through September 30, 2022, and 

17 of which $200,000,000 shall be available for the 

18 period October 1, 2021 through September 30, 

19 2022: Provided, That funds provided to carry 

20 out section 132(a)(2)(A) of the WIOA may be 

21 used to provide assistance to a State for state22 wide or local use in order to address cases 

23 where there have been worker dislocations 

24 across multiple sectors or across multiple local 

25 areas and such workers remain dislocated; coVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 ordinate the State workforce development plan 

2 with emerging economic development needs; and 

3 train such eligible dislocated workers: Provided 

4 further, That funds provided to carry out sec5 tions 168(b) and 169(c) of the WIOA may be 

6 used for technical assistance and demonstration 

7 projects, respectively, that provide assistance to 

8 new entrants in the workforce and incumbent 

9 workers: Provided further, That notwithstanding 

10 section 168(b) of the WIOA, of the funds pro11 vided under this subparagraph, the Secretary of 

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

13 may reserve not more than 10 percent of such 

14 funds to provide technical assistance and carry 

15 out additional activities related to the transition 

16 to the WIOA: Provided further, That of the 

17 funds provided under this subparagraph, 

18 $50,000,000 shall be for training and employ19 ment assistance under sections 168(b), 169(c) 

20 (notwithstanding the 10 percent limitation in 

21 such section) and 170 of the WIOA for the pur22 pose of developing, offering, or improving edu23 cational or career training programs at commu24 nity colleges, defined as public institutions of 

25 higher education, as described in section 101(a) 


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1 of the Higher Education Act of 1965 and at 

2 which the associate’s degree is primarily the 

3 highest degree awarded, with other eligible in4 stitutions of higher education, as defined in sec5 tion 101(a) of the Higher Education Act of 

6 1965, eligible to participate through consortia, 

7 with community colleges as the lead grantee: 

8 Provided further, That the Secretary shall fol9 low the requirements for the program in House 

10 Report 116–62: Provided further, That any 

11 grant funds used for apprenticeships shall be 

12 used to support only apprenticeship programs 

13 registered under the National Apprenticeship 

14 Act and as referred to in section 3(7)(B) of the 

15 WIOA: Provided further, That the Department 

16 shall issue a Solicitation for Grant Applications 

17 (SGA) within 120 days of enactment of this 

18 Act: Provided further, That the funds made 

19 available in this title under the heading ‘‘DE20 PARTMENTAL MANAGEMENT’’ for Execu21 tive Direction shall be reduced by $100,000 for 

22 each day the SGA is not issued beyond the 120 

23 day requirement and such funds shall be re24 scinded in the amount for each such reduction: 

25 Provided further, That the reduction required 


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1 by the preceding proviso shall be taken only 

2 from the ‘‘Executive Direction’’ line in the table 

3 at the end of the committee report accom4 panying this Act; 

5 (B) $55,500,000 for Native American pro6 grams under section 166 of the WIOA, which 

7 shall be available for the period July 1, 2021 

8 through June 30, 2022; 

9 (C) $95,896,000 for migrant and seasonal 

10 farmworker programs under section 167 of the 

11 WIOA, including $88,938,000 for formula 

12 grants (of which not less than 70 percent shall 

13 be for employment and training services), 

14 $6,389,000 for migrant and seasonal housing 

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

16 permanent housing), and $569,000 for other 

17 discretionary purposes, which shall be available 

18 for the period April 1, 2021 through June 30, 

19 2022: Provided, That notwithstanding any 

20 other provision of law or related regulation, the 

21 Department of Labor shall take no action lim22 iting the number or proportion of eligible par23 ticipants receiving related assistance services or 

24 discouraging grantees from providing such serv25 ices: Provided further, That notwithstanding the 


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1 definition of ‘‘eligible seasonal farmworker’’ in 

2 section 167(i)(3) of the WIOA, an individual is 

3 eligible for migrant and seasonal farmworker 

4 programs under section 167 of the WIOA if 

5 such individual is a member of a family with a 

6 total family income equal to or less than 150 

7 percent of the poverty line; 

8 (D) $100,534,000 for YouthBuild activi9 ties as described in section 171 of the WIOA, 

10 which shall be available for the period April 1, 

11 2021 through June 30, 2022; 

12 (E) $103,079,000 for ex-offender activi13 ties, under the authority of section 169 of the 

14 WIOA, which shall be available for the period 

15 April 1, 2021 through June 30, 2022: Provided, 

16 That of this amount, $25,000,000 shall be for 

17 competitive grants to national and regional 

18 intermediaries for activities that prepare for 

19 employment young adults with criminal records 

20 or young adults who have been justice system21 involved or who have dropped out of school or 

22 other educational programs, with a priority for 

23 projects serving high-crime, high-poverty areas; 

24 (F) $6,000,000 for the Workforce Data 

25 Quality Initiative, under the authority of section 


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1 169 of the WIOA, which shall be available for 

2 the period July 1, 2021 through June 30, 

3 2022; and 

4 (G) $185,000,000 to expand opportunities 

5 through apprenticeships only registered under 

6 the National Apprenticeship Act and as referred 

7 to in section 3(7)(B) of the WIOA, to be avail8 able to the Secretary to carry out activities 

9 through grants, cooperative agreements, con10 tracts and other arrangements, with States and 

11 other appropriate entities, including equity 

12 intermediaries and business and labor industry 

13 partner intermediaries, which shall be available 

14 for the period July 1, 2021 through June 30, 

15 2022: Provided, That of the funds provided to 

16 carry out this subparagraph, not less than 20 

17 percent shall be for making competitive con18 tracts, grants, and cooperative agreements to 

19 national apprenticeship intermediaries, not less 

20 than 20 percent shall be for competitive con21 tracts, grants, and cooperative agreements to 

22 local apprenticeship intermediaries, and not less 

23 than 50 percent shall be used to fund grants to 

24 States: Provided further, That the Secretary 

25 shall require any information publicly disclosed 


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1 related to the credentials and competencies 

2 earned through registered apprenticeships, in3 cluding through Apprenticeship.gov, its suc4 cessor website or any data or website published 

5 by the Secretary for a similar function, to be 

6 published using an open source description lan7 guage that is designed to allow for public 

8 search and comparison of such data. Such in9 formation may be published through open data 

10 formats such as the credential transparency de11 scription language specifications or a substan12 tially similar approach. 

13 JOB CORPS

14 (INCLUDING TRANSFER OF FUNDS)

15 To carry out subtitle C of title I of the WIOA, includ16 ing Federal administrative expenses, the purchase and 

17 hire of passenger motor vehicles, the construction, alter18 ation, and repairs of buildings and other facilities, and the 

19 purchase of real property for training centers as author20 ized by the WIOA, $1,755,655,000, plus reimbursements, 

21 as follows: 

22 (1) $1,603,325,000 for Job Corps Operations, 

23 which shall be available for the period July 1, 2021 

24 through June 30, 2022; 


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1 (2) $120,000,000 for construction, rehabilita2 tion and acquisition of Job Corps Centers, which 

3 shall be available for the period July 1, 2021 

4 through June 30, 2024, and which may include the 

5 acquisition, maintenance, and repair of major items 

6 of equipment: Provided, That the Secretary may 

7 transfer up to 15 percent of such funds to meet the 

8 operational needs of such centers or to achieve ad9 ministrative efficiencies: Provided further, That any 

10 funds transferred pursuant to the preceding provi11 sion shall not be available for obligation after June 

12 30, 2022: Provided further, That the Committees on 

13 Appropriations of the House of Representatives and 

14 the Senate are notified at least 15 days in advance 

15 of any transfer; and 

16 (3) $32,330,000 for necessary expenses of Job 

17 Corps, which shall be available for obligation for the 

18 period October 1, 2020 through September 30, 

19 2021: 

20 Provided, That no funds from any other appropriation 

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

22 centers. 


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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

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

4 1965 (referred to in this Act as ‘‘OAA’’), $410,000,000, 

5 which shall be available for the period April 1, 2021 

6 through June 30, 2022, and may be recaptured and reobli7 gated in accordance with section 517(c) of the OAA. 

8 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

9 For payments during fiscal year 2021 of trade ad10 justment benefit payments and allowances under part I 

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

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

13 employment and case management services, allowances for 

14 job search and relocation, and related State administrative 

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

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

17 payments, allowances, training, employment and case 

18 management services, and related State administration 

19 provided pursuant to section 231(a) of the Trade Adjust20 ment Assistance Extension Act of 2011 and section 405(a) 

21 of the Trade Preferences Extension Act of 2015, 

22 $633,600,000 together with such amounts as may be nec23 essary to be charged to the subsequent appropriation for 

24 payments for any period subsequent to September 15, 

25 2021: Provided, That notwithstanding section 502 of this 


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1 Act, any part of the appropriation provided under this 

2 heading may remain available for obligation beyond the 

3 current fiscal year pursuant to the authorities of section 

4 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

6 SERVICE OPERATIONS

7 For authorized administrative expenses, 

8 $84,066,000, together with not to exceed $3,421,953,000 

9 which may be expended from the Employment Security 

10 Administration Account in the Unemployment Trust Fund 

11 (‘‘the Trust Fund’’), of which: 

12 (1) $2,649,686,000 from the Trust Fund is for 

13 grants to States for the administration of State un14 employment insurance laws as authorized under title 

15 III of the Social Security Act (including not less 

16 than $200,000,000 to carry out reemployment serv17 ices and eligibility assessments under section 306 of 

18 such Act, any claimants of regular compensation, as 

19 defined in such section, including those who are 

20 profiled as most likely to exhaust their benefits, may 

21 be eligible for such services and assessments: Pro22 vided, That of such amount, $117,000,000 is speci23 fied for grants under section 306 of the Social Secu24 rity Act and is provided to meet the terms of section 

25 251(b)(2)(E)(ii) of the Balanced Budget and EmerVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 gency Deficit Control Act of 1985, as amended, and 

2 $83,000,000 is additional new budget authority 

3 specified for purposes of section 251(b)(2)(E)(i)(II) 

4 of such Act; and $9,000,000 for continued support 

5 of the Unemployment Insurance Integrity Center of 

6 Excellence), the administration of unemployment in7 surance for Federal employees and for ex-service 

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

9 and the administration of trade readjustment allow10 ances, reemployment trade adjustment assistance, 

11 and alternative trade adjustment assistance under 

12 the Trade Act of 1974 and under section 231(a) of 

13 the Trade Adjustment Assistance Extension Act of 

14 2011 and section 405(a) of the Trade Preferences 

15 Extension Act of 2015, and shall be available for ob16 ligation by the States through December 31, 2021, 

17 except that funds used for automation shall be avail18 able for Federal obligation through December 31, 

19 2021, and for State obligation through September 

20 30, 2023, or, if the automation is being carried out 

21 through consortia of States, for State obligation 

22 through September 30, 2027, and for expenditure 

23 through September 30, 2028, and funds for competi24 tive grants awarded to States for improved oper25 ations and to conduct in-person reemployment and 


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1 eligibility assessments and unemployment insurance 

2 improper payment reviews and provide reemploy3 ment services and referrals to training, as appro4 priate, shall be available for Federal obligation 

5 through December 31, 2021, and for obligation by 

6 the States through September 30, 2023, and funds 

7 for the Unemployment Insurance Integrity Center of 

8 Excellence shall be available for obligation by the 

9 State through September 30, 2022, and funds used 

10 for unemployment insurance workloads experienced 

11 through September 30, 2021 shall be available for 

12 Federal obligation through December 31, 2021; 

13 (2) $18,000,000 from the Trust Fund is for na14 tional activities necessary to support the administra15 tion of the Federal-State unemployment insurance 

16 system; 

17 (3) $651,639,000 from the Trust Fund, to18 gether with $21,413,000 from the General Fund of 

19 the Treasury, is for grants to States in accordance 

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

21 be available for Federal obligation for the period 

22 July 1, 2021 through June 30, 2022; 

23 (4) $24,818,000 from the Trust Fund is for na24 tional activities of the Employment Service, includ25 ing administration of the work opportunity tax credVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 it under section 51 of the Internal Revenue Code of 

2 1986 (including assisting States in adopting or mod3 ernizing information technology for use in the proc4 essing of certification requests), and the provision of 

5 technical assistance and staff training under the 

6 Wagner-Peyser Act; 

7 (5) $77,810,000 from the Trust Fund is for the 

8 administration of foreign labor certifications and re9 lated activities under the Immigration and Nation10 ality Act and related laws, of which $57,528,000 

11 shall be available for the Federal administration of 

12 such activities, and $20,282,000 shall be available 

13 for grants to States for the administration of such 

14 activities; and 

15 (6) $62,653,000 from the General Fund is to 

16 provide workforce information, national electronic 

17 tools, and one-stop system building under the Wag18 ner-Peyser Act and shall be available for Federal ob19 ligation for the period July 1, 2021 through June 

20 30, 2022: Provided, That the Secretary shall require 

21 publicly disclosed information contained in ongoing, 

22 nationwide datasets funded by the Department of 

23 Labor relating to licenses and credentials to be pub24 lished using an open source description language 

25 that is designed to allow for public search and comVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 parison of such data, including any such data on 

2 credentials and competencies. Such information may 

3 be published through open data formats such as the 

4 credential transparency description language speci5 fications or a substantially similar approach: 

6 Provided, That to the extent that the Average Weekly In7 sured Unemployment (‘‘AWIU’’) for fiscal year 2021 is 

8 projected by the Department of Labor to exceed 

9 1,728,000, an additional $28,600,000 from the Trust 

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

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

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

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

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

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

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

17 carrying out activities under such title III if the other 

18 States include areas that have suffered a major disaster 

19 declared by the President under the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act: Provided 

21 further, That the Secretary may use funds appropriated 

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

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

24 the National Directory of New Hires under section 

25 453(j)(8) of such Act: Provided further, That the SecVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 retary may use funds appropriated for grants to States 

2 under title III of the Social Security Act to make pay3 ments on behalf of States to the entity operating the State 

4 Information Data Exchange System: Provided further, 

5 That funds appropriated in this Act which are used to es6 tablish a national one-stop career center system, or which 

7 are used to support the national activities of the Federal8 State unemployment insurance, employment service, or 

9 immigration programs, may be obligated in contracts, 

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

11 Provided further, That States awarded competitive grants 

12 for improved operations under title III of the Social Secu13 rity Act, or awarded grants to support the national activi14 ties of the Federal-State unemployment insurance system, 

15 may award subgrants to other States and non-State enti16 ties under such grants, subject to the conditions applicable 

17 to the grants: Provided further, That funds appropriated 

18 under this Act for activities authorized under title III of 

19 the Social Security Act and the Wagner-Peyser Act may 

20 be used by States to fund integrated Unemployment In21 surance and Employment Service automation efforts, not22 withstanding cost allocation principles prescribed under 

23 the final rule entitled ‘‘Uniform Administrative Require24 ments, Cost Principles, and Audit Requirements for Fed25 eral Awards’’ at part 200 of title 2, Code of Federal ReguVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 lations: Provided further, That the Secretary, at the re2 quest of a State participating in a consortium with other 

3 States, may reallot funds allotted to such State under title 

4 III of the Social Security Act to other States participating 

5 in the consortium or to the entity operating the Unemploy6 ment Insurance Information Technology Support Center 

7 in order to carry out activities that benefit the administra8 tion of the unemployment compensation law of the State 

9 making the request: Provided further, That the Secretary 

10 may collect fees for the costs associated with additional 

11 data collection, analyses, and reporting services relating 

12 to the National Agricultural Workers Survey requested by 

13 State and local governments, public and private institu14 tions of higher education, and nonprofit organizations and 

15 may utilize such sums, in accordance with the provisions 

16 of 29 U.S.C. 9a, for the National Agricultural Workers 

17 Survey infrastructure, methodology, and data to meet the 

18 information collection and reporting needs of such entities, 

19 which shall be credited to this appropriation and shall re20 main available until September 30, 2022, for such pur21 poses. 

22 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

23 OTHER FUNDS

24 For repayable advances to the Unemployment Trust 

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


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1 Social Security Act, and to the Black Lung Disability 

2 Trust Fund as authorized by section 9501(c)(1) of the In3 ternal Revenue Code of 1986; and for nonrepayable ad4 vances to the revolving fund established by section 901(e) 

5 of the Social Security Act, to the Unemployment Trust 

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

7 Unemployment Benefits and Allowances’’ account, such 

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

9 obligation through September 30, 2022. 

10 PROGRAM ADMINISTRATION

11 For expenses of administering employment and train12 ing programs, $108,674,000, together with not to exceed 

13 $49,982,000 which may be expended from the Employ14 ment Security Administration Account in the Unemploy15 ment Trust Fund: Provided, That funds made available 

16 for the Office of Apprenticeship shall only be used for the 

17 administration of apprenticeship programs only registered 

18 under the National Apprenticeship Act and as referred to 

19 in section 3(7)(B) of the WIOA and to provide for the 

20 full and adequate staffing of the Federal Office of Appren21 ticeship and each of the State Offices of Apprenticeship. 

22 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Employee Benefits 

25 Security Administration, $181,000,000, of which up to 


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1 $3,000,000 shall be made available through September 30, 

2 2022, for the procurement of expert witnesses for enforce3 ment litigation. 

4 PENSION BENEFIT GUARANTY CORPORATION

5 PENSION BENEFIT GUARANTY CORPORATION FUND

6 The Pension Benefit Guaranty Corporation (‘‘Cor7 poration’’) is authorized to make such expenditures, in8 cluding financial assistance authorized by subtitle E of 

9 title IV of the Employee Retirement Income Security Act 

10 of 1974, within limits of funds and borrowing authority 

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

12 to make such contracts and commitments without regard 

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

14 as may be necessary in carrying out the program, includ15 ing associated administrative expenses, through Sep16 tember 30, 2021, for the Corporation: Provided, That 

17 none of the funds available to the Corporation for fiscal 

18 year 2021 shall be available for obligations for administra19 tive expenses in excess of $465,289,000: Provided further, 

20 That to the extent that the number of new plan partici21 pants in plans terminated by the Corporation exceeds 

22 100,000 in fiscal year 2021, an amount not to exceed an 

23 additional $9,200,000 shall be available through Sep24 tember 30, 2025, for obligations for administrative ex25 penses for every 20,000 additional terminated particiVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 pants: Provided further, That obligations in excess of the 

2 amounts provided for administrative expenses in this para3 graph may be incurred and shall be available through Sep4 tember 30, 2025 for obligation for unforeseen and extraor5 dinary pre-termination or termination expenses or extraor6 dinary multiemployer program related expenses after ap7 proval by the Office of Management and Budget and noti8 fication of the Committees on Appropriations of the House 

9 of Representatives and the Senate: Provided further, That 

10 an additional amount shall be available for obligation 

11 through September 30, 2025 to the extent the Corpora12 tion’s costs exceed $250,000 for the provision of credit or 

13 identity monitoring to affected individuals upon suffering 

14 a security incident or privacy breach, not to exceed an ad15 ditional $100 per affected individual. 

16 WAGE AND HOUR DIVISION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Wage and Hour Divi19 sion, including reimbursement to State, Federal, and local 

20 agencies and their employees for inspection services ren21 dered, $246,283,000. 

22 OFFICE OF LABOR-MANAGEMENT STANDARDS

23 SALARIES AND EXPENSES

24 For necessary expenses for the Office of Labor-Man25 agement Standards, $42,187,000. 


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1 OFFICE OF FEDERAL CONTRACT COMPLIANCE

2 PROGRAMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the Office of Federal Con5 tract Compliance Programs, $105,976,000. 

6 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Workers’ 

9 Compensation Programs, $115,424,000, together with 

10 $2,177,000 which may be expended from the Special Fund 

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

12 Longshore and Harbor Workers’ Compensation Act. 

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during 

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

18 81; continuation of benefits as provided for under the 

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

20 Agency Appropriation Act, 1947; the Employees’ Com21 pensation Commission Appropriation Act, 1944; section 

22 5(f) of the War Claims Act (50 U.S.C. App. 2012); obliga23 tions incurred under the War Hazards Compensation Act 

24 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

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


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1 Longshore and Harbor Workers’ Compensation Act, 

2 $239,000,000, together with such amounts as may be nec3 essary to be charged to the subsequent year appropriation 

4 for the payment of compensation and other benefits for 

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

6 for deposit into and to assume the attributes of the Em7 ployees’ Compensation Fund established under 5 U.S.C. 

8 8147(a): Provided, That amounts appropriated may be 

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

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

11 for portions of the salary of a re-employed, disabled bene12 ficiary: Provided further, That balances of reimbursements 

13 unobligated on September 30, 2020, shall remain available 

14 until expended for the payment of compensation, benefits, 

15 and expenses: Provided further, That in addition there 

16 shall be transferred to this appropriation from the Postal 

17 Service and from any other corporation or instrumentality 

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

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

20 the Secretary determines to be the cost of administration 

21 for employees of such fair share entities through Sep22 tember 30, 2021: Provided further, That of those funds 

23 transferred to this account from the fair share entities to 

24 pay the cost of administration of the Federal Employees’ 


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1 Compensation Act, $80,257,000 shall be made available 

2 to the Secretary as follows: 

3 (1) For enhancement and maintenance of auto4 mated data processing systems operations and tele5 communications systems, $27,220,000; 

6 (2) For automated workload processing oper7 ations, including document imaging, centralized mail 

8 intake, and medical bill processing, $25,647,000; 

9 (3) For periodic roll disability management and 

10 medical review, $25,648,000; 

11 (4) For program integrity, $1,742,000; and 

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

13 Treasury as miscellaneous receipts: 

14 Provided further, That the Secretary may require that any 

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

16 under 5 U.S.C. 81, or the Longshore and Harbor Work17 ers’ Compensation Act, provide as part of such notice and 

18 claim, such identifying information (including Social Secu19 rity account number) as such regulations may prescribe. 

20 SPECIAL BENEFITS FOR DISABLED COAL MINERS

21 For carrying out title IV of the Federal Mine Safety 

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

23 275, $40,970,000, to remain available until expended. 

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

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


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

2 as may be necessary. 

3 For making benefit payments under title IV for the 

4 first quarter of fiscal year 2022, $14,000,000, to remain 

5 available until expended. 

6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

7 OCCUPATIONAL ILLNESS COMPENSATION FUND

8 For necessary expenses to administer the Energy 

9 Employees Occupational Illness Compensation Program 

10 Act, $62,507,000, to remain available until expended: Pro11 vided, That the Secretary may require that any person fil12 ing a claim for benefits under the Act provide as part of 

13 such claim such identifying information (including Social 

14 Security account number) as may be prescribed. 

15 BLACK LUNG DISABILITY TRUST FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 Such sums as may be necessary from the Black Lung 

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

19 until expended, for payment of all benefits authorized by 

20 section 9501(d)(1), (2), (6), and (7) of the Internal Rev21 enue Code of 1986; and repayment of, and payment of 

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

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

24 expended from the Fund for fiscal year 2021 for expenses 

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1 fits program, as authorized by section 9501(d)(5): not to 

2 exceed $40,643,000 for transfer to the Office of Workers’ 

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

4 exceed $33,033,000 for transfer to Departmental Manage5 ment, ‘‘Salaries and Expenses’’; not to exceed $333,000 

6 for transfer to Departmental Management, ‘‘Office of In7 spector General’’; and not to exceed $356,000 for pay8 ments into miscellaneous receipts for the expenses of the 

9 Department of the Treasury. 

10 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Occupational Safety 

13 and Health Administration, $593,787,000, including not 

14 to exceed $108,575,000 which shall be the maximum 

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

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

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

18 of State occupational safety and health programs required 

19 to be incurred under plans approved by the Secretary 

20 under section 18 of the Act; and, in addition, notwith21 standing 31 U.S.C. 3302, the Occupational Safety and 

22 Health Administration may retain up to $499,000 per fis23 cal year of training institute course tuition and fees, other24 wise authorized by law to be collected, and may utilize 

25 such sums for occupational safety and health training and 


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

2 3302, the Secretary is authorized, during the fiscal year 

3 ending September 30, 2021, to collect and retain fees for 

4 services provided to Nationally Recognized Testing Lab5 oratories, and may utilize such sums, in accordance with 

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

7 international laboratory recognition programs that ensure 

8 the safety of equipment and products used by workers in 

9 the workplace: Provided further, That $13,537,000 shall 

10 be available for Susan Harwood training grants, of which 

11 not less than $4,500,000 is for Susan Harwood Training 

12 Capacity Building Developmental grants, as described in 

13 Funding Opportunity Number SHTG–FY–16–02 (ref14 erenced in the notice of availability of funds published in 

15 the Federal Register on May 3, 2016 (81 Fed. Reg. 

16 30568)) for program activities starting not later than Sep17 tember 30, 2021 and lasting for a period of 12 months: 

18 Provided further, That not more than $3,500,000 shall be 

19 for Voluntary Protection Programs. 

20 MINE SAFETY AND HEALTH ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Mine Safety and 

23 Health Administration, $379,816,000, including purchase 

24 and bestowal of certificates and trophies in connection 

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1 senger motor vehicles, including up to $2,000,000 for 

2 mine rescue and recovery activities and not less than 

3 $10,537,000 for State assistance grants: Provided, That 

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

5 may be collected by the National Mine Health and Safety 

6 Academy for room, board, tuition, and the sale of training 

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

8 be available for mine safety and health education and 

9 training activities: Provided further, That notwithstanding 

10 31 U.S.C. 3302, the Mine Safety and Health Administra11 tion is authorized to collect and retain up to $2,499,000 

12 from fees collected for the approval and certification of 

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

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

15 That the Secretary is authorized to accept lands, build16 ings, equipment, and other contributions from public and 

17 private sources and to prosecute projects in cooperation 

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

19 further, That the Mine Safety and Health Administration 

20 is authorized to promote health and safety education and 

21 training in the mining community through cooperative 

22 programs with States, industry, and safety associations: 

23 Provided further, That the Secretary is authorized to rec24 ognize the Joseph A. Holmes Safety Association as a prin25 cipal safety association and, notwithstanding any other 


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

2 reimbursement, personnel, including service of Mine Safe3 ty and Health Administration officials as officers in local 

4 chapters or in the national organization: Provided further, 

5 That any funds available to the Department of Labor may 

6 be used, with the approval of the Secretary, to provide 

7 for the costs of mine rescue and survival operations in the 

8 event of a major disaster. 

9 BUREAU OF LABOR STATISTICS

10 SALARIES AND EXPENSES

11 For necessary expenses for the Bureau of Labor Sta12 tistics, including advances or reimbursements to State, 

13 Federal, and local agencies and their employees for serv14 ices rendered, $587,000,000, together with not to exceed 

15 $68,000,000 which may be expended from the Employ16 ment Security Administration account in the Unemploy17 ment Trust Fund. 

18 Within this amount, $13,000,000 to remain available 

19 until September 30, 2024, for costs associated with the 

20 physical move of the Bureau of Labor Statistics’ head21 quarters, including replication of space, furniture, fix22 tures, equipment, and related costs, as well as relocation 

23 of the data center to a shared facility. 


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1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses for the Office of Disability 

4 Employment Policy to provide leadership, develop policy 

5 and initiatives, and award grants furthering the objective 

6 of eliminating barriers to the training and employment of 

7 people with disabilities, $38,500,000. 

8 DEPARTMENTAL MANAGEMENT

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for Departmental Manage12 ment, including the hire of three passenger motor vehicles, 

13 $349,056,000, together with not to exceed $308,000, 

14 which may be expended from the Employment Security 

15 Administration account in the Unemployment Trust 

16 Fund: Provided, That $67,325,000 for the Bureau of 

17 International Labor Affairs shall be available for obliga18 tion through December 31, 2021: Provided further, That 

19 funds available to the Bureau of International Labor Af20 fairs may be used to administer or operate international 

21 labor activities, bilateral and multilateral technical assist22 ance, and microfinance programs, by or through contracts, 

23 grants, subgrants and other arrangements: Provided fur24 ther, That not more than $53,825,000 shall be for pro25 grams to combat exploitative child labor internationally 


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1 and not less than $13,500,000 shall be used to implement 

2 model programs that address worker rights issues through 

3 technical assistance in countries with which the United 

4 States has free trade agreements or trade preference pro5 grams: Provided further, That $8,040,000 shall be used 

6 for program evaluation and shall be available for obliga7 tion through September 30, 2022: Provided further, That 

8 funds available for program evaluation may be used to ad9 minister grants for the purpose of evaluation: Provided 

10 further, That grants made for the purpose of evaluation 

11 shall be awarded through fair and open competition: Pro12 vided further, That funds available for program evaluation 

13 may be transferred to any other appropriate account in 

14 the Department for such purpose: Provided further, That 

15 the Committees on Appropriations of the House of Rep16 resentatives and the Senate are notified at least 15 days 

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

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

19 grants to serve and promote the interests of women in the 

20 workforce: Provided further, That of the amounts made 

21 available to the Women’s Bureau, not less than 

22 $1,794,000 shall be used for grants authorized by the 

23 Women in Apprenticeship and Nontraditional Occupations 

24 Act. 


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1 VETERANS EMPLOYMENT AND TRAINING

2 Not to exceed $256,341,000 may be derived from the 

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

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

6 of which: 

7 (1) $180,000,000 is for Jobs for Veterans State 

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

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

12 such title, and for the expenses described in section 

13 4102A(b)(5)(C), which shall be available for obliga14 tion by the States through December 31, 2021, and 

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

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

19 funds may be used to support such specialists and 

20 representatives in the provision of services to 

21 transitioning members of the Armed Forces who 

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

25 are wounded, ill, or injured and receiving treatment 


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1 in military treatment facilities or warrior transition 

2 units, and to the spouses or other family caregivers 

3 of such wounded, ill, or injured members; 

4 (2) $29,379,000 is for carrying out the Transi5 tion Assistance Program under 38 U.S.C. 4113 and 

6 10 U.S.C. 1144; 

7 (3) $43,548,000 is for Federal administration 

8 of chapters 41, 42, and 43 of title 38, and sections 

9 2021, 2021A and 2023 of title 38, United States 

10 Code: Provided, That, up to $500,000 may be used 

11 to carry out the Hire VETS Act (division O of Pub12 lic Law 115–31); and 

13 (4) $3,414,000 is for the National Veterans’ 

14 Employment and Training Services Institute under 

15 38 U.S.C. 4109: 

16 Provided, That the Secretary may reallocate among the 

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

18 above an amount not to exceed 3 percent of the appropria19 tion from which such reallocation is made. 

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

21 $57,500,000 is for carrying out programs to assist home22 less veterans and veterans at risk of homelessness who are 

23 transitioning from certain institutions under sections 

24 2021, 2021A, and 2023 of title 38, United States Code: 

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


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1 of section 2023, the Secretary may award grants through 

2 September 30, 2021, to provide services under such sec3 tion: Provided further, That services provided under sec4 tions 2021 or under 2021A may include, in addition to 

5 services to homeless veterans described in section 

6 2002(a)(1), services to veterans who were homeless at 

7 some point within the 60 days prior to program entry or 

8 veterans who are at risk of homelessness within the next 

9 60 days, and that services provided under section 2023 

10 may include, in addition to services to the individuals de11 scribed in subsection (e) of such section, services to vet12 erans recently released from incarceration who are at risk 

13 of homelessness: Provided further, That notwithstanding 

14 paragraph (3) under this heading, funds appropriated in 

15 this paragraph may be used for data systems and contract 

16 support to allow for the tracking of participant and per17 formance information: Provided further, That notwith18 standing sections 2021(e)(2) and 2021A(f)(2) of title 38, 

19 United States Code, such funds shall be available for ex20 penditure pursuant to 31 U.S.C. 1553. 

21 In addition, fees may be assessed and deposited in 

22 the HIRE Vets Medallion Award Fund pursuant to sec23 tion 5(b) of the HIRE Vets Act, and such amounts shall 

24 be available to the Secretary to carry out the HIRE Vets 

25 Medallion Award Program, as authorized by such Act, and 


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1 shall remain available until expended: Provided, That such 

2 sums shall be in addition to any other funds available for 

3 such purposes, including funds available under paragraph 

4 (3) of this heading: Provided further, That section 2(d) 

5 of division O of the Consolidated Appropriations Act, 2017 

6 (Public Law 115–31; 38 U.S.C. 4100 note) shall not 

7 apply. 

8 IT MODERNIZATION

9 For necessary expenses for Department of Labor cen10 tralized infrastructure technology investment activities re11 lated to support systems and modernization, $25,269,000, 

12 which shall be available through September 30, 2022. 

13 OFFICE OF INSPECTOR GENERAL

14 For salaries and expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, $86,187,000, together with not to 

17 exceed $5,660,000 which may be expended from the Em18 ployment Security Administration account in the Unem19 ployment Trust Fund. 

20 GENERAL PROVISIONS

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

22 for the Job Corps shall be used to pay the salary and bo23 nuses of an individual, either as direct costs or any prora24 tion as an indirect cost, at a rate in excess of Executive 

25 Level II. 


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1 (TRANSFER OF FUNDS)

2 SEC. 102. Not to exceed 1 percent of any discre3 tionary funds (pursuant to the Balanced Budget and 

4 Emergency Deficit Control Act of 1985) which are appro5 priated for the current fiscal year for the Department of 

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

7 project, or activity, but no such program, project, or activ8 ity shall be increased by more than 3 percent by any such 

9 transfer: Provided, That the transfer authority granted by 

10 this section shall be available only to meet emergency 

11 needs and shall not be used to create any new program 

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

13 provided in this Act: Provided further, That the Commit14 tees on Appropriations of the House of Representatives 

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

16 of any transfer. 

17 SEC. 103. In accordance with Executive Order 

18 13126, none of the funds appropriated or otherwise made 

19 available pursuant to this Act shall be obligated or ex20 pended for the procurement of goods mined, produced, 

21 manufactured, or harvested or services rendered, in whole 

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

23 and host countries already identified by the United States 

24 Department of Labor prior to enactment of this Act. 


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1 SEC. 104. Except as otherwise provided in this sec2 tion, none of the funds made available to the Department 

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

4 Competitiveness and Workforce Improvement Act of 1998 

5 (29 U.S.C. 2916a) may be used for any purpose other 

6 than competitive grants for training individuals who are 

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

8 in school within a local educational agency in the occupa9 tions and industries for which employers are using H–1B 

10 visas to hire foreign workers, and the related activities 

11 necessary to support such training. 

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

13 Act under the heading ‘‘Employment and Training Ad14 ministration’’ shall be used by a recipient or subrecipient 

15 of such funds to pay the salary and bonuses of an indi16 vidual, either as direct costs or indirect costs, at a rate 

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

18 apply to vendors providing goods and services as defined 

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

20 Where States are recipients of such funds, States may es21 tablish a lower limit for salaries and bonuses of those re22 ceiving salaries and bonuses from subrecipients of such 

23 funds, taking into account factors including the relative 

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

25 comparable State or local government employees, and the 


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1 size of the organizations that administer Federal pro2 grams involved including Employment and Training Ad3 ministration programs. 

4 (TRANSFER OF FUNDS)

5 SEC. 106. (a) Notwithstanding section 102, the Sec6 retary may transfer funds made available to the Employ7 ment and Training Administration by this Act, either di8 rectly or through a set-aside, for technical assistance serv9 ices to grantees to ‘‘Program Administration’’ when it is 

10 determined that those services will be more efficiently per11 formed by Federal employees: Provided, That this section 

12 shall not apply to section 171 of the WIOA. 

13 (b) Notwithstanding section 102, the Secretary may 

14 transfer not more than 0.5 percent of each discretionary 

15 appropriation made available to the Employment and 

16 Training Administration by this Act to ‘‘Program Admin17 istration’’ in order to carry out program integrity activities 

18 relating to any of the programs or activities that are fund19 ed under any such discretionary appropriations: Provided, 

20 That notwithstanding section 102 and the preceding pro21 viso, the Secretary may transfer not more than 0.5 percent 

22 of funds made available in paragraphs (1) and (2) of the 

23 ‘‘Office of Job Corps’’ account to paragraph (3) of such 

24 account to carry out program integrity activities related 

25 to the Job Corps program: Provided further, That funds 


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1 transferred under the authority provided by this sub2 section shall be available for obligation through September 

3 30, 2022. 

4 (TRANSFER OF FUNDS)

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

6 than 0.75 percent from each appropriation made available 

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

8 out evaluations of any of the programs or activities that 

9 are funded under such accounts. Any funds reserved under 

10 this section shall be transferred to ‘‘Departmental Man11 agement’’ for use by the Office of the Chief Evaluation 

12 Officer within the Department of Labor, and shall be 

13 available for obligation through September 30, 2022: Pro14 vided, That such funds shall only be available if the Chief 

15 Evaluation Officer of the Department of Labor submits 

16 a plan to the Committees on Appropriations of the House 

17 of Representatives and the Senate describing the evalua18 tions to be carried out 15 days in advance of any transfer. 

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

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

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

22 ‘‘State Unemployment Insurance and Employment Service 

23 Operations’’, ‘‘Employee Benefits Security Administra24 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

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


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

2 Standards’’, ‘‘Occupational Safety and Health Adminis3 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of4 fice of Disability Employment Policy’’, funding made 

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

6 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man7 agement, Salaries and Expenses’’ account, and ‘‘Veterans 

8 Employment and Training’’. 

9 SEC. 108. Notwithstanding any other provision of 

10 law, the Secretary may furnish through grants, coopera11 tive agreements, contracts, and other arrangements, up to 

12 $2,000,000 of excess personal property, at a value deter13 mined by the Secretary, to apprenticeship programs for 

14 the purpose of training apprentices in those programs. 

15 SEC. 109. (a) The Act entitled ‘‘An Act to create a 

16 Department of Labor’’, approved March 4, 1913 (37 Stat. 

17 736, chapter 141) shall be applied as if the following text 

18 is part of such Act: 

19 ‘‘SEC. 12. SECURITY DETAIL. 

20 ‘‘(a) IN GENERAL.—The Secretary of Labor is au21 thorized to employ law enforcement officers or special 

22 agents to— 

23 ‘‘(1) provide protection for the Secretary of 

24 Labor during the workday of the Secretary and dur25 ing any activity that is preliminary or postliminary 


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1 to the performance of official duties by the Sec2 retary; 

3 ‘‘(2) provide protection, incidental to the protec4 tion provided to the Secretary, to a member of the 

5 immediate family of the Secretary who is partici6 pating in an activity or event relating to the official 

7 duties of the Secretary; 

8 ‘‘(3) provide continuous protection to the Sec9 retary (including during periods not described in 

10 paragraph (1)) and to the members of the imme11 diate family of the Secretary if there is a significant 

12 and articulable threat of physical harm, in accord13 ance with guidelines established by the Secretary; 

14 and 

15 ‘‘(4) provide protection to the Deputy Secretary 

16 of Labor at the Secretary’s direction in the perform17 ance of his official duties at a public event outside 

18 of the United States if there is a significant and 

19 articulable threat of physical harm and protective 

20 services are not provided as part of an official U.S. 

21 visit. 

22 ‘‘(b) AUTHORITIES.—The Secretary of Labor may 

23 authorize a law enforcement officer or special agent em24 ployed under subsection (a), for the purpose of performing 

25 the duties authorized under subsection (a), to— 


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•HR 7614 RH

1 ‘‘(1) carry firearms; 

2 ‘‘(2) make arrests without a warrant for any of3 fense against the United States committed in the 

4 presence of such officer or special agent; 

5 ‘‘(3) perform protective intelligence work, in6 cluding identifying and mitigating potential threats 

7 and conducting advance work to review security mat8 ters relating to sites and events; 

9 ‘‘(4) coordinate with local law enforcement 

10 agencies; and 

11 ‘‘(5) initiate criminal and other investigations 

12 into potential threats to the security of the Sec13 retary, in coordination with the Inspector General of 

14 the Department of Labor. 

15 ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en16 forcement officer or special agent employed under sub17 section (a) shall exercise any authority provided under this 

18 section in accordance with any— 

19 ‘‘(1) guidelines issued by the Attorney General; 

20 and 

21 ‘‘(2) guidelines prescribed by the Secretary of 

22 Labor.’’. 

23 (b) This section shall be effective on the date of en24 actment of this Act. 


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1 SEC. 110. The Secretary is authorized to dispose of 

2 or divest, by any means the Secretary determines appro3 priate, including an agreement or partnership to construct 

4 a new Job Corps center, all or a portion of the real prop5 erty on which the Treasure Island Job Corps Center is 

6 situated. Any sale or other disposition will not be subject 

7 to any requirement of any Federal law or regulation relat8 ing to the disposition of Federal real property, including 

9 but not limited to subchapter III of chapter 5 of title 40 

10 of the United States Code and subchapter V of chapter 

11 119 of title 42 of the United States Code. The net pro12 ceeds of such a sale shall be transferred to the Secretary, 

13 which shall be available until expended to carry out the 

14 Job Corps Program on Treasure Island. 

15 (RESCISSION)

16 SEC. 111. Of the unobligated funds available under 

17 section 286(s)(2) of the Immigration and Nationality Act 

18 (8 U.S.C. 1356(s)(2)), $349,000,000 are hereby re19 scinded. 

20 SEC. 112. None of the funds made available by this 

21 Act may be used to— 

22 (1) alter or terminate the Interagency Agree23 ment between the United States Department of 

24 Labor and the United States Department of Agri25 culture; or 


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•HR 7614 RH

1 (2) close any of the Civilian Conservation Cen2 ters, except if such closure is necessary to prevent 

3 the endangerment of the health and safety of the 

4 students, the capacity of the program is retained, 

5 and the requirements of section 159(j) of the WIOA 

6 are met. 

7 SEC. 113. None of the funds made available by this 

8 Act may be used to implement or enforce, or take any 

9 actions in furtherance of, the final regulations on ‘‘Joint 

10 Employer Status under the Fair Labor Standards Act’’ 

11 published by the Department of Labor in the Federal Reg12 ister on January 16, 2020 (85 Fed. Reg. 2820 et seq.). 

13 SEC. 114. None of the funds made available by this 

14 Act may be used to develop, promulgate, issue, or imple15 ment a final rule, or take any actions in furtherance of 

16 the proposed rule, on ‘‘Implementing Legal Requirements 

17 Regarding the Equal Opportunity Clause’s Religious Ex18 emption’’ published by Department of Labor in the Fed19 eral Register on August 15, 2019 (84 Fed. Reg. 41677 

20 et seq.). 

21 SEC. 115. None of the funds made available by this 

22 Act may be used to implement or enforce or take any ac23 tions in furtherance of, the final rule on ‘‘Wagner-Peyser 

24 Act Staffing Flexibility’’ published by the Department of 


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1 Labor in the Federal Register on January 06, 2020 (85 

2 Fed. Reg. 592 et seq.). 

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

4 Appropriations Act, 2021’’. 

5 TITLE II 

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 HEALTH RESOURCES AND SERVICES ADMINISTRATION

9 PRIMARY HEALTH CARE

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

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

12 with respect to primary health care and the Native Hawai13 ian Health Care Act of 1988, $1,651,522,000: Provided, 

14 That no more than $1,000,000 shall be available until ex15 pended for carrying out the provisions of section 224(o) 

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

17 $120,000,000 shall be available until expended for car18 rying out subsections (g) through (n) and (q) of section 

19 224 of the PHS Act, and for expenses incurred by the 

20 Department of Health and Human Services (referred to 

21 in this Act as ‘‘HHS’’) pertaining to administrative claims 

22 made under such law. 

23 HEALTH WORKFORCE

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

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


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

2 Quality Improvement Act of 1986, $1,242,505,000: Pro3 vided, That sections 751(j)(2) and 762(k) of the PHS Act 

4 and the proportional funding amounts in paragraphs (1) 

5 through (4) of section 756(f) of the PHS Act shall not 

6 apply to funds made available under this heading: Pro7 vided further, That for any program operating under sec8 tion 751 of the PHS Act on or before January 1, 2009, 

9 the Secretary of Health and Human Services (referred to 

10 in this title as the ‘‘Secretary’’) may hereafter waive any 

11 of the requirements contained in sections 751(d)(2)(A) 

12 and 751(d)(2)(B) of such Act for the full project period 

13 of a grant under such section: Provided further, That no 

14 funds shall be available for section 340G–1 of the PHS 

15 Act: Provided further, That fees collected for the disclosure 

16 of information under section 427(b) of the Health Care 

17 Quality Improvement Act of 1986 and sections 

18 1128E(d)(2) and 1921 of the Social Security Act shall be 

19 sufficient to recover the full costs of operating the pro20 grams authorized by such sections and shall remain avail21 able until expended for the National Practitioner Data 

22 Bank: Provided further, That funds transferred to this ac23 count to carry out section 846 and subpart 3 of part D 

24 of title III of the PHS Act may be used to make prior 

25 year adjustments to awards made under such section and 


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1 subpart: Provided further, That $120,000,000 shall re2 main available until expended for the purposes of pro3 viding primary health services, assigning National Health 

4 Service Corps (‘‘NHSC’’) members to expand the delivery 

5 of substance use disorder treatment services, notwith6 standing the assignment priorities and limitations under 

7 sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of 

8 the PHS Act, and making payments under the NHSC 

9 Loan Repayment Program under section 338B of such 

10 Act: Provided further, That, within the amount made 

11 available in the previous proviso, $15,000,000 shall re12 main available until expended for the purposes of making 

13 payments under the NHSC Loan Repayment Program 

14 under section 338B of the PHS Act to individuals partici15 pating in such program who provide primary health serv16 ices in Indian Health Service facilities, Tribally-Operated 

17 638 Health Programs, and Urban Indian Health Pro18 grams (as those terms are defined by the Secretary), not19 withstanding the assignment priorities and limitations 

20 under section 333(b) of such Act: Provided further, That 

21 for purposes of the previous two provisos, section 

22 331(a)(3)(D) of the PHS Act shall be applied as if the 

23 term ‘‘primary health services’’ includes clinical substance 

24 use disorder treatment services, including those provided 

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1 ment counselors: Provided further, That of the funds made 

2 available under this heading, $5,000,000 shall be available 

3 to make grants to establish or expand optional commu4 nity-based nurse practitioner fellowship programs that are 

5 accredited or in the accreditation process, with a pref6 erence for those in Federally Qualified Health Centers, for 

7 practicing postgraduate nurse practitioners in primary 

8 care or behavioral health. 

9 Of the funds made available under this heading, 

10 $55,000,000 shall remain available until expended for 

11 grants to public institutions of higher education to expand 

12 or support graduate education for physicians provided by 

13 such institutions: Provided, That, in awarding such 

14 grants, the Secretary shall give priority to public institu15 tions of higher education located in States with a projected 

16 primary care provider shortage in 2025, as determined by 

17 the Secretary: Provided further, That grants so awarded 

18 are limited to such public institutions of higher education 

19 in States in the top quintile of States with a projected 

20 primary care provider shortage in 2025, as determined by 

21 the Secretary: Provided further, That the minimum 

22 amount of a grant so awarded to such an institution shall 

23 be not less than $1,000,000 per year: Provided further, 

24 That such a grant may be awarded for a period not to 

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1 ed with respect to a year to such an institution shall be 

2 subject to a matching requirement of non-Federal funds 

3 in an amount that is not less than 10 percent of the total 

4 amount of Federal funds provided in the grant to such 

5 institution with respect to such year. 

6 MATERNAL AND CHILD HEALTH

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

8 PHS Act with respect to maternal and child health and 

9 title V of the Social Security Act, $980,784,000: Provided, 

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

11 the Social Security Act, not more than $127,116,000 shall 

12 be available for carrying out special projects of regional 

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

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

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

16 501(a)(3) of such Act. 

17 RYAN WHITE HIV/AIDS PROGRAM

18 For carrying out title XXVI of the PHS Act with 

19 respect to the Ryan White HIV/AIDS program, 

20 $2,413,781,000, of which $1,970,881,000 shall remain 

21 available to the Secretary through September 30, 2023, 

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

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

24 AIDS Drug Assistance Programs under the authority of 

25 section 2616 or 311(c) of such Act; and of which 


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1 $95,000,000, to remain available until expended, shall be 

2 available to the Secretary for carrying out a program of 

3 grants and contracts under title XXVI or section 311(c) 

4 of such Act focused on ending the nationwide HIV/AIDS 

5 epidemic, with any grants issued under such section 

6 311(c) administered in conjunction with title XXVI of the 

7 PHS Act, including the limitation on administrative ex8 penses. 

9 HEALTH CARE SYSTEMS

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

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

12 Therapeutic and Research Act of 2005, $131,093,000, of 

13 which $122,000 shall be available until expended for facili14 ties renovations at the Gillis W. Long Hansen’s Disease 

15 Center. 

16 RURAL HEALTH

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

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

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

20 711 and 1820 of the Social Security Act, $334,294,000, 

21 of which $55,609,000 from general revenues, notwith22 standing section 1820(j) of the Social Security Act, shall 

23 be available for carrying out the Medicare rural hospital 

24 flexibility grants program: Provided, That of the funds 

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1 pital flexibility grants, $21,942,000 shall be available for 

2 the Small Rural Hospital Improvement Grant Program 

3 for quality improvement and adoption of health informa4 tion technology and up to $1,000,000 shall be to carry 

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

6 funds provided for grants under section 1820(g)(6) avail7 able for the purchase and implementation of telehealth 

8 services, including pilots and demonstrations on the use 

9 of electronic health records to coordinate rural veterans 

10 care between rural providers and the Department of Vet11 erans Affairs electronic health record system: Provided 

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

13 Act, $12,500,000 shall be available for State Offices of 

14 Rural Health: Provided further, That $11,000,000 shall 

15 remain available through September 30, 2023, to support 

16 the Rural Residency Development Program: Provided fur17 ther, That $110,000,000 shall be for the Rural Commu18 nities Opioids Response Program. 

19 FAMILY PLANNING

20 For carrying out the program under title X of the 

21 PHS Act to provide for voluntary family planning 

22 projects, $286,479,000: Provided, That the Secretary shall 

23 carry out section 1001 of the PHS Act solely in accord24 ance with any regulations or other conditions or instruc25 tions established by the Secretary pursuant to the authorVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 ity under section 1006 of the PHS Act that applied as 

2 of January 18, 2017, to grants and contracts awarded 

3 under section 1001 of the PHS Act: Provided further, 

4 That amounts provided to said projects under such title 

5 shall not be expended for abortions, that all pregnancy 

6 counseling shall be nondirective, and that such amounts 

7 shall not be expended for any activity (including the publi8 cation or distribution of literature) that in any way tends 

9 to promote public support or opposition to any legislative 

10 proposal or candidate for public office: Provided further, 

11 That for each entity that, in fiscal year 2019, received 

12 an award under section 1001 of the PHS Act and whose 

13 award was terminated or relinquished before the planned 

14 end of the period of performance, the Secretary shall, not 

15 later than 60 days after the date of enactment of this Act, 

16 issue a new award to such entity using funds made avail17 able herein, equal to the amount of the award that was 

18 terminated or relinquished and consistent with any terms 

19 and conditions that applied at the time that the fiscal year 

20 2019 award was made except as modified by this Act, but 

21 only if— 

22 (1) the Secretary has not, prior to the enact23 ment of this Act, awarded grants or contracts for 

24 the performance of substantially similar activities in 

25 the geographical areas that were served by the terVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 minated or relinquished award, but if such grants or 

2 contracts awarded prior to the enactment of this Act 

3 would only partially replace the activities or areas 

4 covered by the terminated or relinquished award, the 

5 Secretary shall seek to restore the terminated award 

6 with respect to the remaining activities or areas; 

7 (2) the Secretary has secured assurance from 

8 the entity that its termination or relinquishment was 

9 due to its inability or unwillingness to comply with 

10 the provisions of the final rule titled ‘‘Compliance 

11 with Statutory Program Integrity Requirements’’, 

12 published on March 4, 2019 (84 Fed. Reg. 7714 et 

13 seq.); and 

14 (3) the Secretary has secured assurance from 

15 the entity that it is willing to resume project activi16 ties consistent with the terms and conditions that 

17 applied at the time that the terminated or relin18 quished award was made except as modified by this 

19 Act: 

20 Provided further, That the provisos under this heading are 

21 not intended to limit the equitable powers of the courts 

22 to further protect historical providers previously awarded 

23 grants or contracts in fiscal year 2019 or prior fiscal years 

24 under Title X of the PHS: Provided further, That all paVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 tients under Title X of the PHS Act with a positive preg2 nancy test— 

3 (A) are given the opportunity to be pro4 vided information and counseling regarding 

5 each of the following options— 

6 (i) prenatal care and delivery; 

7 (ii) infant care, foster care, and adop8 tion; and 

9 (iii) pregnancy termination; 

10 (B) if a patient requests such information 

11 and counseling, such patient shall be provided 

12 with neutral, factual information and nondirec13 tive counseling on each such option, including 

14 referral upon request, except with respect to 

15 any option about which the patient indicates no 

16 interest in receiving such information and coun17 seling. 

18 PROGRAM MANAGEMENT

19 For program support in the Health Resources and 

20 Services Administration, $155,300,000: Provided, That 

21 funds made available under this heading may be used to 

22 supplement program support funding provided under the 

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

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

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


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1 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

2 For payments from the Vaccine Injury Compensation 

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

4 may be necessary for claims associated with vaccine-re5 lated injury or death with respect to vaccines administered 

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

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

8 Provided, That for necessary administrative expenses, not 

9 to exceed $10,200,000 shall be available from the Trust 

10 Fund to the Secretary. 

11 CENTERS FOR DISEASE CONTROL AND PREVENTION

12 IMMUNIZATION AND RESPIRATORY DISEASES

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

14 section 2821 of the PHS Act, titles II and IV of the Immi15 gration and Nationality Act, and section 501 of the Ref16 ugee Education Assistance Act, with respect to immuniza17 tion and respiratory diseases, $469,705,000. 

18 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

19 DISEASES, AND TUBERCULOSIS PREVENTION

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

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

22 sexually transmitted diseases, and tuberculosis prevention, 

23 $1,287,556,000. 


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1 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

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

3 2821 of the PHS Act, titles II and IV of the Immigration 

4 and Nationality Act, and section 501 of the Refugee Edu5 cation Assistance Act, with respect to emerging and 

6 zoonotic infectious diseases, $593,972,000: Provided, That 

7 of the amounts made available under this heading, up to 

8 $1,000,000 shall remain available until expended to pay 

9 for the transportation, medical care, treatment, and other 

10 related costs of persons quarantined or isolated under 

11 Federal or State quarantine law. 

12 CHRONIC DISEASE PREVENTION AND HEALTH

13 PROMOTION

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

15 XIX of the PHS Act with respect to chronic disease pre16 vention and health promotion, $1,049,564,000: Provided, 

17 That funds made available under this heading may be 

18 available for making grants under section 1509 of the 

19 PHS Act for not less than 21 States, tribes, or tribal orga20 nizations: Provided further, That of the funds made avail21 able under this heading, $15,000,000 shall be available to 

22 continue and expand community specific extension and 

23 outreach programs to combat obesity in counties with the 

24 highest levels of obesity: Provided further, That the pro25 portional funding requirements under section 1503(a) of 


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1 the PHS Act shall not apply to funds made available 

2 under this heading. 

3 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

4 DISABILITIES AND HEALTH

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

6 PHS Act with respect to birth defects, developmental dis7 abilities, disabilities and health, $162,810,000. 

8 PUBLIC HEALTH SCIENTIFIC SERVICES

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

10 Act with respect to health statistics, surveillance, health 

11 informatics, and workforce development, $593,497,000. 

12 ENVIRONMENTAL HEALTH

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

14 Act with respect to environmental health, $219,850,000, 

15 of which $10,000,000 shall be available until September 

16 30, 2023, for carrying out activities under section 2203(b) 

17 of the Water Infrastructure Improvements for the Nation 

18 Act (Public Law 114–322). 

19 INJURY PREVENTION AND CONTROL

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

21 Act with respect to injury prevention and control, 

22 $694,879,000, of which $25,000,000 shall be for firearm 

23 injury and mortality prevention research. 


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1 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

2 HEALTH

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

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

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

6 of the Mine Improvement and New Emergency Response 

7 Act, and sections 20, 21, and 22 of the Occupational Safe8 ty and Health Act, with respect to occupational safety and 

9 health, $344,700,000. 

10 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

11 COMPENSATION PROGRAM

12 For necessary expenses to administer the Energy 

13 Employees Occupational Illness Compensation Program 

14 Act, $55,358,000, to remain available until expended: Pro15 vided, That this amount shall be available consistent with 

16 the provision regarding administrative expenses in section 

17 151(b) of division B, title I of Public Law 106–554. 

18 GLOBAL HEALTH

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

20 Act with respect to global health, $572,843,000, of which: 

21 (1) $128,421,000 shall remain available through Sep22 tember 30, 2022 for international HIV/AIDS; and (2) 

23 $183,200,000 shall remain available through September 

24 30, 2023 for global public health protection: Provided, 


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1 That funds may be used for purchase and insurance of 

2 official motor vehicles in foreign countries. 

3 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

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

5 Act with respect to public health preparedness and re6 sponse, and for expenses necessary to support activities 

7 related to countering potential biological, nuclear, radio8 logical, and chemical threats to civilian populations, 

9 $852,200,000: Provided, That the Director of the Centers 

10 for Disease Control and Prevention (referred to in this 

11 title as ‘‘CDC’’) or the Administrator of the Agency for 

12 Toxic Substances and Disease Registry may detail staff 

13 without reimbursement for up to 180 days to support an 

14 activation of the CDC Emergency Operations Center, so 

15 long as the Director or Administrator, as applicable, pro16 vides a notice to the Committees on Appropriations of the 

17 House of Representatives and the Senate within 15 days 

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

19 days after use of this authority which includes the number 

20 of staff and funding level broken down by the originating 

21 center and number of days detailed: Provided further, 

22 That funds appropriated under this heading may be used 

23 to support a contract for the operation and maintenance 

24 of an aircraft in direct support of activities throughout 


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1 CDC to ensure the agency is prepared to address public 

2 health preparedness emergencies. 

3 BUILDINGS AND FACILITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For acquisition of real property, equipment, construc6 tion, installation, demolition, and renovation of facilities, 

7 $30,000,000, which shall remain available until September 

8 30, 2025: Provided, That funds made available to this ac9 count in this or any prior Act that are available for the 

10 acquisition of real property or for construction or improve11 ment of facilities shall be available to make improvements 

12 on non-federally owned property, provided that any im13 provements that are not adjacent to federally owned prop14 erty do not exceed $2,500,000, and that the primary ben15 efit of such improvements accrues to CDC: Provided fur16 ther, That funds previously set-aside by CDC for repair 

17 and upgrade of the Lake Lynn Experimental Mine and 

18 Laboratory shall be used to acquire a replacement mine 

19 safety research facility: Provided further, That in addition, 

20 the prior year unobligated balance of any amounts as21 signed to former employees in accounts of CDC made 

22 available for Individual Learning Accounts shall be cred23 ited to and merged with the amounts made available under 

24 this heading to support the replacement of the mine safety 

25 research facility. 


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1 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

2 (INCLUDING TRANSFER OF FUNDS)

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

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

6 appropriations included in this Act for the Centers for 

7 Disease Control and Prevention, $198,570,000, of which 

8 up to $5,000,000 may be transferred to the reserve of the 

9 Working Capital Fund authorized under this heading in 

10 division F of Public Law 112–74: Provided, That para11 graphs (1) through (3) of subsection (b) of section 2821 

12 of the PHS Act shall not apply to funds appropriated 

13 under this heading and in all other accounts of the CDC: 

14 Provided further, That of the amounts made available 

15 under this heading, $85,000,000, to remain available until 

16 expended, shall be available to the Director of the CDC 

17 for deposit in the Infectious Diseases Rapid Response Re18 serve Fund established by section 231 of division B of 

19 Public Law 115–245: Provided further, That employees of 

20 CDC or the Public Health Service, both civilian and com21 missioned officers, detailed to States, municipalities, or 

22 other organizations under authority of section 214 of the 

23 PHS Act, or in overseas assignments, shall be treated as 

24 non-Federal employees for reporting purposes only and 

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1 ble to the Agency, Service, or HHS during the period of 

2 detail or assignment: Provided further, That CDC may use 

3 up to $10,000 from amounts appropriated to CDC in this 

4 Act for official reception and representation expenses 

5 when specifically approved by the Director of CDC: Pro6 vided further, That in addition, such sums as may be de7 rived from authorized user fees, which shall be credited 

8 to the appropriation charged with the cost thereof: Pro9 vided further, That with respect to the previous proviso, 

10 authorized user fees from the Vessel Sanitation Program 

11 and the Respirator Certification Program shall be avail12 able through September 30, 2022. 

13 NATIONAL INSTITUTES OF HEALTH

14 NATIONAL CANCER INSTITUTE

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

16 Act with respect to cancer, $6,299,155,000, of which up 

17 to $30,000,000 may be used for facilities repairs and im18 provements at the National Cancer Institute—Frederick 

19 Federally Funded Research and Development Center in 

20 Frederick, Maryland. 

21 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

23 Act with respect to cardiovascular, lung, and blood dis24 eases, and blood and blood products, $3,655,428,000. 


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1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

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

4 Act with respect to dental and craniofacial diseases, 

5 $481,535,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

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

9 Act with respect to diabetes and digestive and kidney dis10 ease, $2,132,498,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

12 AND STROKE

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

14 Act with respect to neurological disorders and stroke, 

15 $2,415,110,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

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

19 Act with respect to allergy and infectious diseases, 

20 $6,013,087,000. 

21 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

23 Act with respect to general medical sciences, 

24 $2,972,479,000, of which $1,341,313,000 shall be from 

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1 vided, That not less than $396,573,000 is provided for 

2 the Institutional Development Awards program. 

3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

4 CHILD HEALTH AND HUMAN DEVELOPMENT

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

6 Act with respect to child health and human development, 

7 $1,570,269,000. 

8 NATIONAL EYE INSTITUTE

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

10 Act with respect to eye diseases and visual disorders, 

11 $831,177,000. 

12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13 SCIENCES

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

15 Act with respect to environmental health sciences, 

16 $809,501,000. 

17 NATIONAL INSTITUTE ON AGING

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

19 Act with respect to aging, $3,609,150,000. 

20 NATIONAL INSTITUTE OF ARTHRITIS AND

21 MUSCULOSKELETAL AND SKIN DISEASES

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

23 Act with respect to arthritis and musculoskeletal and skin 

24 diseases, $630,263,000. 


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1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

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

4 Act with respect to deafness and other communication dis5 orders, $494,912,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

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

8 Act with respect to nursing research, $170,567,000. 

9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10 ALCOHOLISM

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

12 Act with respect to alcohol abuse and alcoholism, 

13 $550,063,000. 

14 NATIONAL INSTITUTE ON DRUG ABUSE

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

16 Act with respect to drug abuse, $1,474,590,000. 

17 NATIONAL INSTITUTE OF MENTAL HEALTH

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

19 Act with respect to mental health, $2,005,303,000. 

20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

22 Act with respect to human genome research, 

23 $611,564,000. 


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1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

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

4 Act with respect to biomedical imaging and bioengineering 

5 research, $407,109,000. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 INTEGRATIVE HEALTH

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

9 Act with respect to complementary and integrative health, 

10 $153,045,000. 

11 NATIONAL INSTITUTE ON MINORITY HEALTH AND

12 HEALTH DISPARITIES

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

14 Act with respect to minority health and health disparities 

15 research, $343,700,000: Provided, That funds may be 

16 used to implement a reorganization that is presented to 

17 an advisory council in a public meeting and for which the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate have been notified 30 days in ad20 vance. 

21 JOHN E. FOGARTY INTERNATIONAL CENTER

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

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

24 title IV of the PHS Act), $86,455,000. 


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1 NATIONAL LIBRARY OF MEDICINE

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

3 Act with respect to health information communications, 

4 $460,841,000: Provided, That of the amounts available for 

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

6 available until September 30, 2022: Provided further, That 

7 in fiscal year 2021, the National Library of Medicine may 

8 enter into personal services contracts for the provision of 

9 services in facilities owned, operated, or constructed under 

10 the jurisdiction of the National Institutes of Health (re11 ferred to in this title as ‘‘NIH’’). 

12 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

13 SCIENCES

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

15 Act with respect to translational sciences, $840,051,000: 

16 Provided, That up to $60,000,000 shall be available to im17 plement section 480 of the PHS Act, relating to the Cures 

18 Acceleration Network: Provided further, That at least 

19 $578,141,000 is provided to the Clinical and Translational 

20 Sciences Awards program. 

21 OFFICE OF THE DIRECTOR

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the responsibilities of the Office of 

24 the Director, NIH, $2,324,548,000: Provided, That fund25 ing shall be available for the purchase of not to exceed 


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1 29 passenger motor vehicles for replacement only: Pro2 vided further, That all funds credited to the NIH Manage3 ment Fund shall remain available for one fiscal year after 

4 the fiscal year in which they are deposited: Provided fur5 ther, That $180,000,000 shall be for the Environmental 

6 Influences on Child Health Outcomes study: Provided fur7 ther, That $631,899,000 shall be available for the Com8 mon Fund established under section 402A(c)(1) of the 

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

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

11 expenses when specifically approved by the Director of the 

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

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

14 up to $8,000,000 to make grants for construction or ren15 ovation of facilities as provided for in section 

16 2354(a)(5)(B) of the PHS Act: Provided further, That 

17 $50,000,000 shall be used to carry out section 404I of 

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

19 behavioral research facilities: Provided further, That 

20 $5,000,000 shall be transferred to and merged with the 

21 appropriation for the ‘‘Office of Inspector General’’ for 

22 oversight of grant programs and operations of the NIH, 

23 including agency efforts to ensure the integrity of its grant 

24 application evaluation and selection processes, and shall 

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1 sight of the NIH: Provided further, That the funds pro2 vided in the previous proviso may be transferred from one 

3 specified activity to another with 15 days prior approval 

4 of the Committees on Appropriations of the House of Rep5 resentatives and the Senate: Provided further, That the In6 spector General shall consult with the Committees on Ap7 propriations of the House of Representatives and the Sen8 ate before submitting to the Committees an audit plan for 

9 fiscal years 2021 and 2022 no later than 30 days after 

10 the date of enactment of this Act: Provided further, That 

11 amounts available under this heading are also available 

12 to establish, operate, and support the Research Policy 

13 Board authorized by section 2034(f) of the 21st Century 

14 Cures Act. 

15 In addition to other funds appropriated for the Com16 mon Fund established under section 402A(c) of the PHS 

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

18 from the 10-year Pediatric Research Initiative Fund de19 scribed in section 9008 of title 26, United States Code, 

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

21 of the PHS Act (relating to pediatric research), as author22 ized in the Gabriella Miller Kids First Research Act. 

23 BUILDINGS AND FACILITIES

24 For the study of, construction of, demolition of, ren25 ovation of, and acquisition of equipment for, facilities of 


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

2 $200,000,000, to remain available through September 30, 

3 2025. 

4 NIH INNOVATION ACCOUNT, CURES ACT

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses to carry out the purposes de7 scribed in section 1001(b)(4) of the 21st Century Cures 

8 Act, in addition to amounts available for such purposes 

9 in the appropriations provided to the NIH in this Act, 

10 $404,000,000, to remain available until expended: Pro11 vided, That such amounts are appropriated pursuant to 

12 section 1001(b)(3) of such Act, are to be derived from 

13 amounts transferred under section 1001(b)(2)(A) of such 

14 Act, and may be transferred by the Director of the Na15 tional Institutes of Health to other accounts of the Na16 tional Institutes of Health solely for the purposes provided 

17 in such Act: Provided further, That upon a determination 

18 by the Director that funds transferred pursuant to the 

19 previous proviso are not necessary for the purposes pro20 vided, such amounts may be transferred back to the Ac21 count: Provided further, That the transfer authority pro22 vided under this heading is in addition to any other trans23 fer authority provided by law. 


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1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 MENTAL HEALTH

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

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

6 Advocacy for Individuals with Mental Illness Act, 

7 $1,727,974,000: Provided, That of the funds made avail8 able under this heading, $71,887,000 shall be for the Na9 tional Child Traumatic Stress Initiative: Provided further, 

10 That notwithstanding section 520A(f)(2) of the PHS Act, 

11 no funds appropriated for carrying out section 520A shall 

12 be available for carrying out section 1971 of the PHS Act: 

13 Provided further, That in addition to amounts provided 

14 herein, $21,039,000 shall be available under section 241 

15 of the PHS Act to supplement funds otherwise available 

16 for mental health activities and to carry out subpart I of 

17 part B of title XIX of the PHS Act to fund section 

18 1920(b) technical assistance, national data, data collection 

19 and evaluation activities, and further that the total avail20 able under this Act for section 1920(b) activities shall not 

21 exceed 5 percent of the amounts appropriated for subpart 

22 I of part B of title XIX: Provided further, That of the 

23 funds made available under this heading for subpart I of 

24 part B of title XIX of the PHS Act, $35,000,000 shall 

25 be available to support evidence-based crisis systems: ProVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 vided further, That up to 10 percent of the amounts made 

2 available to carry out the Children’s Mental Health Serv3 ices program may be used to carry out demonstration 

4 grants or contracts for early interventions with persons 

5 not more than 25 years of age at clinical high risk of de6 veloping a first episode of psychosis: Provided further, 

7 That section 520E(b)(2) of the PHS Act shall not apply 

8 to funds appropriated in this Act for fiscal year 2021: Pro9 vided further, That States shall expend at least 10 percent 

10 of the amount each receives for carrying out section 1911 

11 of the PHS Act to support evidence-based programs that 

12 address the needs of individuals with early serious mental 

13 illness, including psychotic disorders, regardless of the age 

14 of the individual at onset: Provided further, That 

15 $225,000,000 shall be available until September 30, 2023 

16 for grants to communities and community organizations 

17 who meet criteria for Certified Community Behavioral 

18 Health Clinics pursuant to section 223(a) of Public Law 

19 113–93: Provided further, That none of the funds provided 

20 for section 1911 of the PHS Act shall be subject to section 

21 241 of such Act: Provided further, That of the funds made 

22 available under this heading, $19,000,000 shall be to 

23 carry out section 224 of the Protecting Access to Medicare 

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

25 note). 


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1 SUBSTANCE ABUSE TREATMENT

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

3 with respect to substance abuse treatment and title XIX 

4 of such Act with respect to substance abuse treatment and 

5 prevention, and the SUPPORT for Patients and Commu6 nities Act, $3,766,556,000: Provided, That 

7 $1,500,000,000 shall be for State Opioid Response Grants 

8 for carrying out activities pertaining to opioids and stimu9 lants undertaken by the State agency responsible for ad10 ministering the substance abuse prevention and treatment 

11 block grant under subpart II of part B of title XIX of 

12 the PHS Act (42 U.S.C. 300x–21 et seq.): Provided fur13 ther, That of such amount $50,000,000 shall be made 

14 available to Indian Tribes or tribal organizations: Provided 

15 further, That 15 percent of the remaining amount shall 

16 be for the States with the highest mortality rate related 

17 to opioid use disorders: Provided further, That of the 

18 amounts provided for State Opioid Response Grants not 

19 more than 2 percent shall be available for Federal admin20 istrative expenses, training, technical assistance, and eval21 uation: Provided further, That of the amount not reserved 

22 by the previous three provisos, the Secretary shall make 

23 allocations to States, territories, and the District of Co24 lumbia according to a formula using national survey re25 sults that the Secretary determines are the most objective 


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1 and reliable measure of drug use and drug-related deaths: 

2 Provided further, That the Secretary shall submit the for3 mula methodology to the Committees on Appropriations 

4 of the House of Representatives and the Senate not less 

5 than 15 days prior to publishing a Funding Opportunity 

6 Announcement: Provided further, That prevention and 

7 treatment activities funded through such grants may in8 clude education, treatment (including the provision of 

9 medication), behavioral health services for individuals in 

10 treatment programs, referral to treatment services, recov11 ery support, and medical screening associated with such 

12 treatment: Provided further, That each State, as well as 

13 the District of Columbia, shall receive not less than 

14 $4,000,000: Provided further, That in addition to amounts 

15 provided herein, the following amounts shall be available 

16 under section 241 of the PHS Act: (1) $79,200,000 to 

17 carry out subpart II of part B of title XIX of the PHS 

18 Act to fund section 1935(b) technical assistance, national 

19 data, data collection and evaluation activities, and further 

20 that the total available under this Act for section 1935(b) 

21 activities shall not exceed 5 percent of the amounts appro22 priated for subpart II of part B of title XIX; and (2) 

23 $2,000,000 to evaluate substance abuse treatment pro24 grams: Provided further, That none of the funds provided 


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1 for section 1921 of the PHS Act or State Opioid Response 

2 Grants shall be subject to section 241 of such Act. 

3 SUBSTANCE ABUSE PREVENTION

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

5 with respect to substance abuse prevention, $209,469,000. 

6 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

7 For program support and cross-cutting activities that 

8 supplement activities funded under the headings ‘‘Mental 

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

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

11 of the PHS Act and the Protection and Advocacy for Indi12 viduals with Mental Illness Act in the Substance Abuse 

13 and Mental Health Services Administration, 

14 $128,830,000: Provided, That in addition to amounts pro15 vided herein, $31,428,000 shall be available under section 

16 241 of the PHS Act to supplement funds available to 

17 carry out national surveys on drug abuse and mental 

18 health, to collect and analyze program data, and to con19 duct public awareness and technical assistance activities: 

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

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

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

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

24 shall be credited to this appropriation and shall remain 

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1 ther, That amounts made available in this Act for carrying 

2 out section 501(o) of the PHS Act shall remain available 

3 through September 30, 2022: Provided further, That funds 

4 made available under this heading may be used to supple5 ment program support funding provided under the head6 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 

7 and ‘‘Substance Abuse Prevention’’. 

8 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

9 HEALTHCARE RESEARCH AND QUALITY

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

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

12 1013 of the Medicare Prescription Drug, Improvement, 

13 and Modernization Act of 2003, $143,091,000: Provided, 

14 That in addition to amounts provided herein, 

15 $199,909,000 shall be available from amounts available 

16 under section 241 of the PHS Act: Provided further, That 

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

18 year 2021: Provided further, That in addition, amounts 

19 received from Freedom of Information Act fees, reimburs20 able and interagency agreements, and the sale of data 

21 shall be credited to this appropriation and shall remain 

22 available until September 30, 2022. 


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1 CENTERS FOR MEDICARE & MEDICAID SERVICES

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles 

4 XI and XIX of the Social Security Act, $313,904,098,000, 

5 to remain available until expended. 

6 In addition, for carrying out such titles after May 31, 

7 2021, for the last quarter of fiscal year 2021 for unantici8 pated costs incurred for the current fiscal year, such sums 

9 as may be necessary, to remain available until expended. 

10 In addition, for carrying out such titles for the first 

11 quarter of fiscal year 2022, $148,732,315,000, to remain 

12 available until expended. 

13 Payment under such title XIX may be made for any 

14 quarter with respect to a State plan or plan amendment 

15 in effect during such quarter, if submitted in or prior to 

16 such quarter and approved in that or any subsequent 

17 quarter. 

18 PAYMENTS TO THE HEALTH CARE TRUST FUNDS

19 For payment to the Federal Hospital Insurance 

20 Trust Fund and the Federal Supplementary Medical In21 surance Trust Fund, as provided under sections 217(g), 

22 1844, and 1860D–16 of the Social Security Act, sections 

23 103(c) and 111(d) of the Social Security Amendments of 

24 1965, section 278(d)(3) of Public Law 97–248, and for 


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1 administrative expenses incurred pursuant to section 

2 201(g) of the Social Security Act, $439,514,000,000. 

3 In addition, for making matching payments under 

4 section 1844 and benefit payments under section 1860D– 

5 16 of the Social Security Act that were not anticipated 

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

7 PROGRAM MANAGEMENT

8 For carrying out, except as otherwise provided, titles 

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

10 XIII and XXVII of the PHS Act, the Clinical Laboratory 

11 Improvement Amendments of 1988, and other responsibil12 ities of the Centers for Medicare & Medicaid Services, not 

13 to exceed $3,984,744,000, to be transferred from the Fed14 eral Hospital Insurance Trust Fund and the Federal Sup15 plementary Medical Insurance Trust Fund, as authorized 

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

17 all funds collected in accordance with section 353 of the 

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

19 Act, funds retained by the Secretary pursuant to section 

20 1893(h) of the Social Security Act, and such sums as may 

21 be collected from authorized user fees and the sale of data, 

22 which shall be credited to this account and remain avail23 able until expended: Provided, That all funds derived in 

24 accordance with 31 U.S.C. 9701 from organizations estab25 lished under title XIII of the PHS Act shall be credited 


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1 to and available for carrying out the purposes of this ap2 propriation: Provided further, That the Secretary is di3 rected to collect fees in fiscal year 2021 from Medicare 

4 Advantage organizations pursuant to section 1857(e)(2) 

5 of the Social Security Act and from eligible organizations 

6 with risk-sharing contracts under section 1876 of that Act 

7 pursuant to section 1876(k)(4)(D) of that Act: Provided 

8 further, That of the amount made available under this 

9 heading, $407,334,000 shall remain available until Sep10 tember 30, 2022, and shall be available for the Survey 

11 and Certification Program: Provided further, That 

12 amounts available under this heading to support quality 

13 improvement organizations (as defined in section 1152 of 

14 the Social Security Act) shall not exceed the amount spe15 cifically provided for such purpose under this heading in 

16 division H of the Consolidated Appropriations Act, 2018 

17 (Public Law 115-141). 

18 In addition, the Secretary shall obligate not less than 

19 $100,000,000 in fiscal year 2021 out of amounts collected 

20 through the user fees on participating health insurance 

21 issuers pursuant to section 156.50 of title 45, Code of 

22 Federal Regulations (or any successor regulations) to 

23 carry out the navigator program (as described in section 

24 1311(i) of the Patient Protection and Affordable Care Act 

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1 cational activities, for purposes of informing potential en2 rollees in qualified health plans (as defined in section 

3 1301(a) of such Act (42 U.S.C. 18021(a)) offered through 

4 an Exchange established or operated by the Secretary 

5 within a State, of the availability of coverage under such 

6 plans and financial assistance for coverage under such 

7 plans: Provided, That awards under such program shall 

8 be based solely on an entity’s demonstrated capacity to 

9 carry out each of the duties specified in section 1311(i)(3) 

10 of such Act: Provided further, That not less than 

11 $15,000,000 shall be obligated for national television and 

12 not less than $15,000,000 shall be obligated for internet 

13 search advertising for purposes of carrying out such out14 reach and educational activities: Provided further, That 

15 not less than $30,000,000 of the funds made available in 

16 this paragraph shall be obligated for advertising during 

17 the final two weeks of the open enrollment period specified 

18 by the Secretary pursuant to section 1311(c)(6)(B) of 

19 such Act occurring during 2019: Provided further, That 

20 no amounts collected through such user fees shall be avail21 able for expenditures for promoting health insurance cov22 erage or a group health plan (as such terms are defined 

23 in section 2791 of the PHS Act (42 U.S.C. 300gg-91)) 

24 that is not a qualified health plan. 


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1 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

2 In addition to amounts otherwise available for pro3 gram integrity and program management, $807,000,000, 

4 to remain available through September 30, 2022, to be 

5 transferred from the Federal Hospital Insurance Trust 

6 Fund and the Federal Supplementary Medical Insurance 

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

8 Security Act, of which $615,000,000 shall be for the Cen9 ters for Medicare & Medicaid Services program integrity 

10 activities, of which $98,000,000 shall be for the Depart11 ment of Health and Human Services Office of Inspector 

12 General to carry out fraud and abuse activities authorized 

13 by section 1817(k)(3) of such Act, and of which 

14 $94,000,000 shall be for the Department of Justice to 

15 carry out fraud and abuse activities authorized by section 

16 1817(k)(3) of such Act: Provided, That the report re17 quired by section 1817(k)(5) of the Social Security Act 

18 for fiscal year 2021 shall include measures of the oper19 ational efficiency and impact on fraud, waste, and abuse 

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

21 funds provided by this appropriation: Provided further, 

22 That of the amount provided under this heading, 

23 $311,000,000 is provided to meet the terms of section 

24 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985, as amended, and 


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1 $496,000,000 is additional new budget authority specified 

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

3 further, That the Secretary shall provide not less than 

4 $20,000,000 from amounts made available under this 

5 heading and amounts made available for fiscal year 2021 

6 under section 1817(k)(3)(A) of the Social Security Act for 

7 the Senior Medicare Patrol program to combat health care 

8 fraud and abuse. 

9 ADMINISTRATION FOR CHILDREN AND FAMILIES

10 PAYMENTS TO STATES FOR CHILD SUPPORT

11 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

12 For carrying out, except as otherwise provided, titles 

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

14 and the Act of July 5, 1960, $3,039,000,000, to remain 

15 available until expended; and for such purposes for the 

16 first quarter of fiscal year 2022, $1,400,000,000, to re17 main available until expended. 

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

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

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

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

22 year for unanticipated costs, incurred for the current fiscal 

23 year, such sums as may be necessary. 


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1 LOW INCOME HOME ENERGY ASSISTANCE

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

3 of section 2602 of the Low-Income Home Energy Assist4 ance Act of 1981 (42 U.S.C. 8621 et seq.), 

5 $3,765,304,000: Provided, That notwithstanding section 

6 2609A(a) of such Act, not more than $2,988,000 may be 

7 reserved by the Secretary of Health and Human Services 

8 for technical assistance, training, and monitoring of pro9 gram activities for compliance with internal controls, poli10 cies and procedures and the Secretary may, in addition 

11 to the authorities provided in section 2609A(a)(1), use 

12 such funds through contracts with private entities that do 

13 not qualify as nonprofit organizations: Provided further, 

14 That $3,737,316,000 of the amount appropriated under 

15 this heading shall be allocated to each State and territory 

16 in amounts equal to the amount each State and territory 

17 was allocated in fiscal year 2020 pursuant to allocations 

18 made from amounts appropriated under this heading in 

19 title II of division A of the Further Consolidated Appro20 priations Act, 2020 (Public Law 116–94): Provided fur21 ther, That of the remaining amount made available under 

22 this heading that is not designated for allocation in the 

23 preceding two provisos, $12,500,000 shall be allocated as 

24 though the total appropriation for such payments for fiscal 

25 year 2021 was less than $1,975,000,000. 


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1 REFUGEE AND ENTRANT ASSISTANCE

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

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

7 section 235 of the William Wilberforce Trafficking Victims 

8 Protection Reauthorization Act of 2008, the Trafficking 

9 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor10 ture Victims Relief Act of 1998, $1,911,201,000, of which 

11 $1,864,446,000 shall remain available through September 

12 30, 2023 for carrying out such sections 414, 501, 462, 

13 and 235: Provided, That amounts available under this 

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

15 research and evaluation with respect to activities under 

16 such Act: Provided further, That not less than 

17 $190,000,000 shall be used for legal services, child advo18 cates, and post-release services: Provided further, That the 

19 contribution of funds requirement under section 

20 235(c)(6)(C)(iii) of the William Wilberforce Trafficking 

21 Victims Protection Reauthorization Act of 2008 shall not 

22 apply to funds made available under this heading. 


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1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For carrying out the Child Care and Development 

4 Block Grant Act of 1990 (‘‘CCDBG Act’’), 

5 $5,926,000,000 shall be used to supplement, not supplant 

6 State general revenue funds for child care assistance for 

7 low-income families: Provided, That technical assistance 

8 under section 658I(a)(3) of such Act may be provided di9 rectly, or through the use of contracts, grants, cooperative 

10 agreements, or interagency agreements: Provided further, 

11 That all funds made available to carry out section 418 

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

13 funds appropriated for that purpose in such section 418 

14 or any other provision of law, shall be subject to the res15 ervation of funds authority in paragraphs (4) and (5) of 

16 section 658O(a) of the CCDBG Act: Provided further, 

17 That in addition to the amounts required to be reserved 

18 by the Secretary under section 658O(a)(2)(A) of such Act, 

19 $174,780,000 shall be for Indian tribes and tribal organi20 zations. 

21 SOCIAL SERVICES BLOCK GRANT

22 For making grants to States pursuant to section 

23 2002 of the Social Security Act, $1,700,000,000: Pro24 vided, That notwithstanding subparagraph (B) of section 

25 404(d)(2) of such Act, the applicable percent specified 


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1 under such subparagraph for a State to carry out State 

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

3 percent. 

4 CHILDREN AND FAMILIES SERVICES PROGRAMS

5 For carrying out, except as otherwise provided, the 

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

7 the Every Student Succeeds Act, the Child Abuse Preven8 tion and Treatment Act, sections 303 and 313 of the 

9 Family Violence Prevention and Services Act, the Native 

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

11 Abuse Prevention and Treatment and Adoption Reform 

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

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

14 of the Social Security Act, and the Community Services 

15 Block Grant Act (‘‘CSBG Act’’); and for necessary admin16 istrative expenses to carry out titles I, IV, V, X, XI, XIV, 

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

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

19 Act of 1981, the Child Care and Development Block Grant 

20 Act of 1990, the Assets for Independence Act, title IV of 

21 the Immigration and Nationality Act, and section 501 of 

22 the Refugee Education Assistance Act of 1980, 

23 $13,098,181,000, of which $75,000,000, to remain avail24 able through September 30, 2022, shall be for grants to 

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1 ments, as defined by section 473A of the Social Security 

2 Act and may be made for adoptions and legal 

3 guardianships completed before September 30, 2021: Pro4 vided, That $10,763,095,000 shall be for making pay5 ments under the Head Start Act, including for Early Head 

6 Start-Child Care Partnerships, and, of which, notwith7 standing section 640 of such Act: 

8 (1) $135,000,000 shall be available for a cost 

9 of living adjustment, and with respect to any con10 tinuing appropriations act, funding available for a 

11 cost of living adjustment shall not be construed as 

12 an authority or condition under this Act; 

13 (2) $25,000,000 shall be available for allocation 

14 by the Secretary to supplement activities described 

15 in paragraphs (7)(B) and (9) of section 641(c) of 

16 the Head Start Act under the Designation Renewal 

17 System, established under the authority of sections 

18 641(c)(7), 645A(b)(12), and 645A(d) of such Act, 

19 and such funds shall not be included in the calcula20 tion of ‘‘base grant’’ in subsequent fiscal years, as 

21 such term is used in section 640(a)(7)(A) of such 

22 Act; 

23 (3) $15,000,000 shall be available to migrant 

24 and seasonal Head Start programs, in addition to 

25 funds made available for migrant and seasonal Head 


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1 Start programs under section 640(a) of the Head 

2 Start Act, for the purposes of quality improvement 

3 consistent with section 640(a)(5) of such Act except 

4 that any amount of the funds may be used on any 

5 of the activities in such section (5): Provided further, 

6 that funds derived from a migrant and seasonal 

7 Head Start program held by the Secretary as a re8 sult of recapturing, withholding, or reducing a base 

9 grant that were unable to be redistributed consistent 

10 with Section 641A(h)(6)(A)(ii) of such Act shall be 

11 added to the amount in the previous proviso; 

12 (4) $4,000,000 shall be available for the pur13 poses of the Tribal Colleges and Universities Head 

14 Start Partnership Program consistent with section 

15 648(g) of such Act; and 

16 (5) $19,000,000 shall be available to supple17 ment funding otherwise available for research, eval18 uation, and Federal administrative costs: 

19 Provided further, That the Secretary may reduce the res20 ervation of funds under section 640(a)(2)(C) of such Act 

21 in lieu of reducing the reservation of funds under sections 

22 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such 

23 Act: Provided further, That $300,000,000 shall be avail24 able until December 31, 2021 for carrying out sections 

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1 vided further, That up to 3 percent of the funds in the 

2 preceding proviso shall be available for technical assist3 ance and evaluation related to grants awarded under such 

4 section 9212: Provided further, That $780,383,000 shall 

5 be for making payments under the CSBG Act: Provided 

6 further, That for the purposes of carrying out the CSBG 

7 Act, the term ‘‘poverty line’’ as defined in section 673(2) 

8 of the CSBG Act means 200 percent of the poverty line 

9 otherwise applicable under such section (excluding the last 

10 sentence of such section) without regard to such section: 

11 Provided further, That $30,383,000 shall be for section 

12 680 of the CSBG Act, of which not less than $20,383,000 

13 shall be for section 680(a)(2) and not less than 

14 $10,000,000 shall be for section 680(a)(3)(B) of such Act: 

15 Provided further, That, notwithstanding section 

16 675C(a)(3) of such Act, to the extent Community Services 

17 Block Grant funds are distributed as grant funds by a 

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

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

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

21 expenditure by such entity consistent with program pur22 poses: Provided further, That the Secretary shall establish 

23 procedures regarding the disposition of intangible assets 

24 and program income that permit such assets acquired 

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1 thorized under section 680 of the CSBG Act to become 

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

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

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

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

6 form of loans, equity investments and other debt instru7 ments, and program income may be used by grantees for 

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

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

10 shall apply to such grant funds made available after No11 vember 29, 1999: Provided further, That funds appro12 priated for section 680(a)(2) of the CSBG Act shall be 

13 available for financing construction and rehabilitation and 

14 loans or investments in private business enterprises owned 

15 by community development corporations: Provided further, 

16 That $185,000,000 shall be for carrying out section 

17 303(a) of the Family Violence Prevention and Services 

18 Act, of which $7,000,000 shall be allocated notwith19 standing section 303(a)(2) of such Act for carrying out 

20 section 309 of such Act: Provided further, That the per21 centages specified in section 112(a)(2) of the Child Abuse 

22 Prevention and Treatment Act shall not apply to funds 

23 appropriated under this heading: Provided further, That 

24 $1,864,000 shall be for a human services case manage25 ment system for federally declared disasters, to include a 


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1 comprehensive national case management contract and 

2 Federal costs of administering the system: Provided fur3 ther, That up to $2,000,000 shall be for improving the 

4 Public Assistance Reporting Information System, includ5 ing grants to States to support data collection for a study 

6 of the system’s effectiveness. 

7 PROMOTING SAFE AND STABLE FAMILIES

8 For carrying out, except as otherwise provided, sec9 tion 436 of the Social Security Act, $345,000,000 and, 

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

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

12 PAYMENTS FOR FOSTER CARE AND PERMANENCY

13 For carrying out, except as otherwise provided, title 

14 IV–E of the Social Security Act, $7,012,000,000. 

15 For carrying out, except as otherwise provided, title 

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

17 fiscal year 2022, $3,000,000,000. 

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

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

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

21 current fiscal year for unanticipated costs, incurred for the 

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


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1 ADMINISTRATION FOR COMMUNITY LIVING

2 AGING AND DISABILITY SERVICES PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out, to the extent not otherwise pro5 vided, the Older Americans Act of 1965 (‘‘OAA’’), the 

6 RAISE Family Caregivers Act, the Supporting Grand7 parents Raising Grandchildren Act, titles III and XXIX 

8 of the PHS Act, sections 1252 and 1253 of the PHS Act, 

9 section 119 of the Medicare Improvements for Patients 

10 and Providers Act of 2008, title XX–B of the Social Secu11 rity Act, the Developmental Disabilities Assistance and 

12 Bill of Rights Act, parts 2 and 5 of subtitle D of title 

13 II of the Help America Vote Act of 2002, the Assistive 

14 Technology Act of 1998, titles II and VII (and section 

15 14 with respect to such titles) of the Rehabilitation Act 

16 of 1973, and for Department-wide coordination of policy 

17 and program activities that assist individuals with disabil18 ities, $2,225,390,000, together with $54,115,000 to be 

19 transferred from the Federal Hospital Insurance Trust 

20 Fund and the Federal Supplementary Medical Insurance 

21 Trust Fund to carry out section 4360 of the Omnibus 

22 Budget Reconciliation Act of 1990: Provided, That 

23 amounts appropriated under this heading may be used for 

24 grants to States under section 361 of the OAA only for 

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1 tivities which have been demonstrated through rigorous 

2 evaluation to be evidence-based and effective: Provided 

3 further, That of amounts made available under this head4 ing to carry out sections 311, 331, and 336 of the OAA, 

5 up to one percent of such amounts shall be available for 

6 developing and implementing evidence-based practices for 

7 enhancing senior nutrition, including medically-tailored 

8 meals: Provided further, That notwithstanding any other 

9 provision of this Act, funds made available under this 

10 heading to carry out section 311 of the OAA may be trans11 ferred to the Secretary of Agriculture in accordance with 

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

13 for competitive grants to support alternative financing 

14 programs that provide for the purchase of assistive tech15 nology devices, such as a low-interest loan fund; an inter16 est buy-down program; a revolving loan fund; a loan guar17 antee; or an insurance program: Provided further, That 

18 applicants shall provide an assurance that, and informa19 tion describing the manner in which, the alternative fi20 nancing program will expand and emphasize consumer 

21 choice and control: Provided further, That State agencies 

22 and community-based disability organizations that are di23 rected by and operated for individuals with disabilities 

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

25 of the funds made available under this heading may be 


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

2 the Protection and Advocacy for Individuals with Mental 

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

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

5 individual or group of individuals with a developmental 

6 disability (as defined in section 102(8)(A) of the Develop7 mental Disabilities and Assistance and Bill of Rights Act 

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

9 a mental impairment (or a combination of mental and 

10 physical impairments), that has as the requested remedy 

11 the closure of State operated intermediate care facilities 

12 for people with intellectual or developmental disabilities, 

13 unless reasonable public notice of the action has been pro14 vided to such individuals (or, in the case of mental inca15 pacitation, the legal guardians who have been specifically 

16 awarded authority by the courts to make healthcare and 

17 residential decisions on behalf of such individuals) who are 

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

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

20 guardians) of their legal rights and how to exercise such 

21 rights consistent with current Federal Rules of Civil Pro22 cedure: Provided further, That the limitations in the imme23 diately preceding proviso shall not apply in the case of an 

24 individual who is neither competent to consent nor has a 

25 legal guardian, nor shall the proviso apply in the case of 


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1 individuals who are a ward of the State or subject to pub2 lic guardianship. 

3 OFFICE OF THE SECRETARY

4 GENERAL DEPARTMENTAL MANAGEMENT

5 For necessary expenses, not otherwise provided, for 

6 general departmental management, including hire of six 

7 passenger motor vehicles, and for carrying out titles III, 

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

9 States-Mexico Border Health Commission Act, and re10 search studies under section 1110 of the Social Security 

11 Act, $457,959,000, together with $64,828,000 from the 

12 amounts available under section 241 of the PHS Act to 

13 carry out national health or human services research and 

14 evaluation activities: Provided, That of the funds made 

15 available under this heading, $56,900,000 shall be for mi16 nority AIDS prevention and treatment activities: Provided 

17 further, That of the funds made available under this head18 ing, $101,000,000 shall be for making competitive grants 

19 to public and private entities to fund medically accurate 

20 and complete and age-appropriate (as those terms are de21 fined in section 513(e) of the Social Security Act (42 

22 U.S.C. 713(e))) programs that reduce teen pregnancy and 

23 that do not withhold information about the effectiveness 

24 and benefits of correct and consistent use of condoms and 

25 other contraceptives, and for the Federal costs associated 


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1 with administering and evaluating such grants, of which 

2 not more than 10 percent of the available funds shall be 

3 for training and technical assistance, outreach, and addi4 tional program support activities, and of the remaining 

5 amount 75 percent shall be for replicating programs that 

6 have been proven effective through rigorous evaluation to 

7 reduce teenage pregnancy, behavioral risk factors under8 lying teenage pregnancy, or other associated risk factors, 

9 and 25 percent shall be available for research and dem10 onstration grants to develop, replicate, refine, and rigor11 ously test (defined as randomized control trial, quasi-ex12 perimental design, or regression discontinuity design) ad13 ditional models and innovative strategies for preventing 

14 teenage pregnancy: Provided further, That amounts made 

15 available under this heading for programs to reduce teen 

16 pregnancy shall meet the requirements listed in clauses 

17 (ii) through (vi) of section 513(b)(2)(B) of the Social Se18 curity Act (42 U.S.C. 713(b)(2)(B)(ii)-(vi)) and shall not 

19 be made available by interagency agreement or otherwise 

20 to any agency within the Department of Health and 

21 Human Services other than the Office of the Secretary 

22 to carry out or support such programs: Provided further, 

23 That of the amounts provided under this heading from 

24 amounts available under section 241 of the PHS Act, 

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1 cluding longitudinal evaluations) of teenage pregnancy 

2 prevention approaches: Provided further, That funds pro3 vided in this Act for embryo adoption activities may be 

4 used to provide to individuals adopting embryos, through 

5 grants and other mechanisms, medical and administrative 

6 services deemed necessary for such adoptions: Provided 

7 further, That such services shall be provided consistent 

8 with 42 CFR 59.5(a)(4): Provided further, That of the 

9 funds made available under this heading, $5,000,000 shall 

10 be for carrying out prize competitions sponsored by the 

11 Office of the Secretary to accelerate innovation in the pre12 vention, diagnosis, and treatment of kidney diseases (as 

13 authorized by section 24 of the Stevenson-Wydler Tech14 nology Innovation Act of 1980 (15 U.S.C. 3719)). Pro15 vided further, That of the funds made available under this 

16 heading, $3,000,000 shall be for establishing a National 

17 Health Care Workforce Commission (as authorized by sec18 tion 5101 of Public Law 111–148). 

19 MEDICARE HEARINGS AND APPEALS

20 For expenses necessary for Medicare hearings and 

21 appeals in the Office of the Secretary, $191,881,000 shall 

22 remain available until September 30, 2022, to be trans23 ferred in appropriate part from the Federal Hospital In24 surance Trust Fund and the Federal Supplementary Med25 ical Insurance Trust Fund. 


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1 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

2 INFORMATION TECHNOLOGY

3 For expenses necessary for the Office of the National 

4 Coordinator for Health Information Technology, including 

5 grants, contracts, and cooperative agreements for the de6 velopment and advancement of interoperable health infor7 mation technology, $60,367,000. 

8 OFFICE OF INSPECTOR GENERAL

9 For expenses necessary for the Office of Inspector 

10 General, including the hire of passenger motor vehicles for 

11 investigations, in carrying out the provisions of the Inspec12 tor General Act of 1978, $80,000,000: Provided, That of 

13 such amount, necessary sums shall be available for pro14 viding protective services to the Secretary and inves15 tigating non-payment of child support cases for which non16 payment is a Federal offense under 18 U.S.C. 228: Pro17 vided further, That of the amount made available under 

18 this heading, $5,300,000 shall be available through Sep19 tember 30, 2022, for activities authorized under section 

20 3022 of the PHS Act relating to information blocking. 

21 OFFICE FOR CIVIL RIGHTS

22 For expenses necessary for the Office for Civil 

23 Rights, $38,798,000. 


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1 RETIREMENT PAY AND MEDICAL BENEFITS FOR

2 COMMISSIONED OFFICERS

3 For retirement pay and medical benefits of Public 

4 Health Service Commissioned Officers as authorized by 

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

6 Protection Plan and Survivor Benefit Plan, and for med7 ical care of dependents and retired personnel under the 

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

9 required during the current fiscal year. 

10 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

11 FUND

12 For expenses necessary to support activities related 

13 to countering potential biological, nuclear, radiological, 

14 chemical, and cybersecurity threats to civilian populations, 

15 and for other public health emergencies, $1,077,458,000, 

16 of which $561,700,000 shall remain available through 

17 September 30, 2022, for expenses necessary to support 

18 advanced research and development pursuant to section 

19 319L of the PHS Act and other administrative expenses 

20 of the Biomedical Advanced Research and Development 

21 Authority: Provided, That funds provided under this head22 ing for the purpose of acquisition of security counter23 measures shall be in addition to any other funds available 

24 for such purpose: Provided further, That products pur25 chased with funds provided under this heading may, at 


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1 the discretion of the Secretary, be deposited in the Stra2 tegic National Stockpile pursuant to section 319F–2 of 

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

4 amounts made available to support emergency operations 

5 shall remain available through September 30, 2023: Pro6 vided further, That of the amount made available under 

7 this heading for policy and planning, $5,000,000 shall re8 main available until expended for implementation activi9 ties related to the National Biodefense Strategy. 

10 For expenses necessary for procuring security coun11 termeasures (as defined in section 319F–2(c)(1)(B) of the 

12 PHS Act), $735,000,000, to remain available until ex13 pended. 

14 For expenses necessary to carry out section 319F– 

15 2(a) of the PHS Act, $705,000,000, to remain available 

16 until expended. 

17 For an additional amount for expenses necessary to 

18 prepare for or respond to an influenza pandemic, 

19 $310,000,000; of which $275,000,000 shall be available 

20 until expended, for activities including the development 

21 and purchase of vaccine, antivirals, necessary medical sup22 plies, diagnostics, and other surveillance tools: Provided, 

23 That notwithstanding section 496(b) of the PHS Act, 

24 funds may be used for the construction or renovation of 

25 privately owned facilities for the production of pandemic 


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1 influenza vaccines and other biologics, if the Secretary 

2 finds such construction or renovation necessary to secure 

3 sufficient supplies of such vaccines or biologics. 

4 GENERAL PROVISIONS

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

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

7 and representation expenses when specifically approved by 

8 the Secretary. 

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

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

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

12 of Executive Level II: Provided, That none of the funds 

13 appropriated in this title shall be used to prevent the NIH 

14 from paying up to 100 percent of the salary of an indi15 vidual at this rate. 

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

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

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

19 for other taps and assessments made by any office located 

20 in HHS, prior to the preparation and submission of a re21 port by the Secretary to the Committees on Appropria22 tions of the House of Representatives and the Senate de23 tailing the planned uses of such funds. 

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

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


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1 but not more than 3 percent, of any amounts appropriated 

2 for programs authorized under such Act shall be made 

3 available for the evaluation (directly, or by grants or con4 tracts) and the implementation and effectiveness of pro5 grams funded in this title. 

6 (TRANSFER OF FUNDS)

7 SEC. 205. Not to exceed 1 percent of any discre8 tionary funds (pursuant to the Balanced Budget and 

9 Emergency Deficit Control Act of 1985) which are appro10 priated for the current fiscal year for HHS in this Act 

11 may be transferred between appropriations, but no such 

12 appropriation shall be increased by more than 3 percent 

13 by any such transfer: Provided, That the transfer author14 ity granted by this section shall be available only to meet 

15 emergency needs and shall not be used to create any new 

16 program or to fund any project or activity for which no 

17 funds are provided in this Act: Provided further, That the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate are notified at least 15 days in ad20 vance of any transfer. 

21 SEC. 206. In lieu of the timeframe specified in section 

22 338E(c)(2) of the PHS Act, terminations described in 

23 such section may occur up to 60 days after the effective 

24 date of a contract awarded in fiscal year 2021 under sec25 tion 338B of such Act, or at any time if the individual 


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1 who has been awarded such contract has not received 

2 funds due under the contract. 

3 SEC. 207. None of the funds appropriated in this Act 

4 may be made available to any entity under title X of the 

5 PHS Act unless the applicant for the award certifies to 

6 the Secretary that it encourages family participation in 

7 the decision of minors to seek family planning services and 

8 that it provides counseling to minors on how to resist at9 tempts to coerce minors into engaging in sexual activities. 

10 SEC. 208. Notwithstanding any other provision of 

11 law, no provider of services under title X of the PHS Act 

12 shall be exempt from any State law requiring notification 

13 or the reporting of child abuse, child molestation, sexual 

14 abuse, rape, or incest. 

15 SEC. 209. None of the funds appropriated by this Act 

16 (including funds appropriated to any trust fund) may be 

17 used to carry out the Medicare Advantage program if the 

18 Secretary denies participation in such program to an oth19 erwise eligible entity (including a Provider Sponsored Or20 ganization) because the entity informs the Secretary that 

21 it will not provide, pay for, provide coverage of, or provide 

22 referrals for abortions: Provided, That the Secretary shall 

23 make appropriate prospective adjustments to the capita24 tion payment to such an entity (based on an actuarially 

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1 ice to such entity’s enrollees): Provided further, That noth2 ing in this section shall be construed to change the Medi3 care program’s coverage for such services and a Medicare 

4 Advantage organization described in this section shall be 

5 responsible for informing enrollees where to obtain infor6 mation about all Medicare covered services. 

7 SEC. 210. None of the funds made available in this 

8 title may be used, in whole or in part, to advocate or pro9 mote gun control. 

10 SEC. 211. The Secretary shall make available through 

11 assignment not more than 60 employees of the Public 

12 Health Service to assist in child survival activities and to 

13 work in AIDS programs through and with funds provided 

14 by the Agency for International Development, the United 

15 Nations International Children’s Emergency Fund or the 

16 World Health Organization. 

17 SEC. 212. In order for HHS to carry out inter18 national health activities, including HIV/AIDS and other 

19 infectious disease, chronic and environmental disease, and 

20 other health activities abroad during fiscal year 2021: 

21 (1) The Secretary may exercise authority equiv22 alent to that available to the Secretary of State in 

23 section 2(c) of the State Department Basic Authori24 ties Act of 1956. The Secretary shall consult with 

25 the Secretary of State and relevant Chief of Mission 


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1 to ensure that the authority provided in this section 

2 is exercised in a manner consistent with section 207 

3 of the Foreign Service Act of 1980 and other appli4 cable statutes administered by the Department of 

5 State. 

6 (2) The Secretary is authorized to provide such 

7 funds by advance or reimbursement to the Secretary 

8 of State as may be necessary to pay the costs of ac9 quisition, lease, alteration, renovation, and manage10 ment of facilities outside of the United States for 

11 the use of HHS. The Department of State shall co12 operate fully with the Secretary to ensure that HHS 

13 has secure, safe, functional facilities that comply 

14 with applicable regulation governing location, set15 back, and other facilities requirements and serve the 

16 purposes established by this Act. The Secretary is 

17 authorized, in consultation with the Secretary of 

18 State, through grant or cooperative agreement, to 

19 make available to public or nonprofit private institu20 tions or agencies in participating foreign countries, 

21 funds to acquire, lease, alter, or renovate facilities in 

22 those countries as necessary to conduct programs of 

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1 tious diseases, chronic and environmental diseases, 

2 and other health activities abroad. 

3 (3) The Secretary is authorized to provide to 

4 personnel appointed or assigned by the Secretary to 

5 serve abroad, allowances and benefits similar to 

6 those provided under chapter 9 of title I of the For7 eign Service Act of 1980, and 22 U.S.C. 4081 

8 through 4086 and subject to such regulations pre9 scribed by the Secretary. The Secretary is further 

10 authorized to provide locality-based comparability 

11 payments (stated as a percentage) up to the amount 

12 of the locality-based comparability payment (stated 

13 as a percentage) that would be payable to such per14 sonnel under section 5304 of title 5, United States 

15 Code if such personnel’s official duty station were in 

16 the District of Columbia. Leaves of absence for per17 sonnel under this subsection shall be on the same 

18 basis as that provided under subchapter I of chapter 

19 63 of title 5, United States Code, or section 903 of 

20 the Foreign Service Act of 1980, to individuals serv21 ing in the Foreign Service. 

22 (TRANSFER OF FUNDS)

23 SEC. 213. The Director of the NIH, jointly with the 

24 Director of the Office of AIDS Research, may transfer up 

25 to 3 percent among institutes and centers from the total 


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1 amounts identified by these two Directors as funding for 

2 research pertaining to the human immunodeficiency virus: 

3 Provided, That the Committees on Appropriations of the 

4 House of Representatives and the Senate are notified at 

5 least 15 days in advance of any transfer. 

6 (TRANSFER OF FUNDS)

7 SEC. 214. Of the amounts made available in this Act 

8 for NIH, the amount for research related to the human 

9 immunodeficiency virus, as jointly determined by the Di10 rector of NIH and the Director of the Office of AIDS Re11 search, shall be made available to the ‘‘Office of AIDS 

12 Research’’ account. The Director of the Office of AIDS 

13 Research shall transfer from such account amounts nec14 essary to carry out section 2353(d)(3) of the PHS Act. 

15 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

16 other provision of law, the Director of NIH (‘‘Director’’) 

17 may use funds authorized under section 402(b)(12) of the 

18 PHS Act to enter into transactions (other than contracts, 

19 cooperative agreements, or grants) to carry out research 

20 identified pursuant to or research and activities described 

21 in such section 402(b)(12). 

22 (b) PEER REVIEW.—In entering into transactions 

23 under subsection (a), the Director may utilize such peer 

24 review procedures (including consultation with appropriate 

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1 priate to obtain assessments of scientific and technical 

2 merit. Such procedures shall apply to such transactions 

3 in lieu of the peer review and advisory council review pro4 cedures that would otherwise be required under sections 

5 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

6 and 494 of the PHS Act. 

7 SEC. 216. Not to exceed $45,000,000 of funds appro8 priated by this Act to the institutes and centers of the 

9 National Institutes of Health may be used for alteration, 

10 repair, or improvement of facilities, as necessary for the 

11 proper and efficient conduct of the activities authorized 

12 herein, at not to exceed $3,500,000 per project. 

13 (TRANSFER OF FUNDS)

14 SEC. 217. Of the amounts made available for NIH, 

15 1 percent of the amount made available for National Re16 search Service Awards (‘‘NRSA’’) shall be made available 

17 to the Administrator of the Health Resources and Services 

18 Administration to make NRSA awards for research in pri19 mary medical care to individuals affiliated with entities 

20 who have received grants or contracts under sections 736, 

21 739, or 747 of the PHS Act, and 1 percent of the amount 

22 made available for NRSA shall be made available to the 

23 Director of the Agency for Healthcare Research and Qual24 ity to make NRSA awards for health service research. 


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1 SEC. 218. (a) The Biomedical Advanced Research 

2 and Development Authority (‘‘BARDA’’) may enter into 

3 a contract, for more than one but no more than 10 pro4 gram years, for purchase of research services or of security 

5 countermeasures, as that term is defined in section 319F– 

6 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

7 if— 

8 (1) funds are available and obligated— 

9 (A) for the full period of the contract or 

10 for the first fiscal year in which the contract is 

11 in effect; and 

12 (B) for the estimated costs associated with 

13 a necessary termination of the contract; and 

14 (2) the Secretary determines that a multi-year 

15 contract will serve the best interests of the Federal 

16 Government by encouraging full and open competi17 tion or promoting economy in administration, per18 formance, and operation of BARDA’s programs. 

19 (b) A contract entered into under this section— 

20 (1) shall include a termination clause as de21 scribed by subsection (c) of section 3903 of title 41, 

22 United States Code; and 

23 (2) shall be subject to the congressional notice 

24 requirement stated in subsection (d) of such section. 


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1 SEC. 219. (a) The Secretary shall publish in the fiscal 

2 year 2021 budget justification and on Departmental Web 

3 sites information concerning the employment of full-time 

4 equivalent Federal employees or contractors for the pur5 poses of implementing, administering, enforcing, or other6 wise carrying out the provisions of the ACA, and the 

7 amendments made by that Act, in the proposed fiscal year 

8 and each fiscal year since the enactment of the ACA. 

9 (b) With respect to employees or contractors sup10 ported by all funds appropriated for purposes of carrying 

11 out the ACA (and the amendments made by that Act), 

12 the Secretary shall include, at a minimum, the following 

13 information: 

14 (1) For each such fiscal year, the section of 

15 such Act under which such funds were appropriated, 

16 a statement indicating the program, project, or ac17 tivity receiving such funds, the Federal operating di18 vision or office that administers such program, and 

19 the amount of funding received in discretionary or 

20 mandatory appropriations. 

21 (2) For each such fiscal year, the number of 

22 full-time equivalent employees or contracted employ23 ees assigned to each authorized and funded provision 

24 detailed in accordance with paragraph (1). 


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1 (c) In carrying out this section, the Secretary may 

2 exclude from the report employees or contractors who— 

3 (1) are supported through appropriations en4 acted in laws other than the ACA and work on pro5 grams that existed prior to the passage of the ACA; 

6 (2) spend less than 50 percent of their time on 

7 activities funded by or newly authorized in the ACA; 

8 or 

9 (3) work on contracts for which FTE reporting 

10 is not a requirement of their contract, such as fixed11 price contracts. 

12 SEC. 220. The Secretary shall publish, as part of the 

13 fiscal year 2022 budget of the President submitted under 

14 section 1105(a) of title 31, United States Code, informa15 tion that details the uses of all funds used by the Centers 

16 for Medicare & Medicaid Services specifically for Health 

17 Insurance Exchanges for each fiscal year since the enact18 ment of the ACA and the proposed uses for such funds 

19 for fiscal year 2022. Such information shall include, for 

20 each such fiscal year, the amount of funds used for each 

21 activity specified under the heading ‘‘Health Insurance 

22 Exchange Transparency’’ in the explanatory statement de23 scribed in section 4 (in the matter preceding division A 

24 of this consolidated Act). 


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1 SEC. 221. None of the funds made available by this 

2 Act from the Federal Hospital Insurance Trust Fund or 

3 the Federal Supplemental Medical Insurance Trust Fund, 

4 or transferred from other accounts funded by this Act to 

5 the ‘‘Centers for Medicare & Medicaid Services—Program 

6 Management’’ account, may be used for payments under 

7 section 1342(b)(1) of Public Law 111–148 (relating to 

8 risk corridors). 

9 (TRANSFER OF FUNDS)

10 SEC. 222. (a) Within 45 days of enactment of this 

11 Act, the Secretary shall transfer funds appropriated under 

12 section 4002 of the ACA to the accounts specified, in the 

13 amounts specified, and for the activities specified under 

14 the heading ‘‘Prevention and Public Health Fund’’ in the 

15 committee report accompanying this Act. 

16 (b) Notwithstanding section 4002(c) of the ACA, the 

17 Secretary may not further transfer these amounts. 

18 (c) Funds transferred for activities authorized under 

19 section 2821 of the PHS Act shall be made available with20 out reference to section 2821(b) of such Act. 

21 SEC. 223. Effective during the period beginning on 

22 November 1, 2015 and ending January 1, 2025, any pro23 vision of law that refers (including through cross-reference 

24 to another provision of law) to the current recommenda25 tions of the United States Preventive Services Task Force 


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1 with respect to breast cancer screening, mammography, 

2 and prevention shall be administered by the Secretary in3 volved as if— 

4 (1) such reference to such current recommenda5 tions were a reference to the recommendations of 

6 such Task Force with respect to breast cancer 

7 screening, mammography, and prevention last issued 

8 before 2009; and 

9 (2) such recommendations last issued before 

10 2009 applied to any screening mammography modal11 ity under section 1861(jj) of the Social Security Act 

12 (42 U.S.C. 1395x(jj)). 

13 SEC. 224. In making Federal financial assistance, the 

14 provisions relating to indirect costs in part 75 of title 45, 

15 Code of Federal Regulations, including with respect to the 

16 approval of deviations from negotiated rates, shall con17 tinue to apply to the National Institutes of Health to the 

18 same extent and in the same manner as such provisions 

19 were applied in the third quarter of fiscal year 2017. None 

20 of the funds appropriated in this or prior Acts or otherwise 

21 made available to the Department of Health and Human 

22 Services or to any department or agency may be used to 

23 develop or implement a modified approach to such provi24 sions, or to intentionally or substantially expand the fiscal 

25 effect of the approval of such deviations from negotiated 


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1 rates beyond the proportional effect of such approvals in 

2 such quarter. 

3 (TRANSFER OF FUNDS)

4 SEC. 225. The NIH Director may transfer discre5 tionary amounts identified by the Director as funding for 

6 opioid addiction, opioid alternatives, pain management, 

7 and addiction treatment among Institutes and Centers of 

8 the NIH to be used for the same purpose 15 days after 

9 notifying the Committees on Appropriations: Provided, 

10 That the transfer authority provided in the previous pro11 viso is in addition to any other transfer authority provided 

12 by law. 

13 SEC. 226. (a) The Secretary shall provide to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate: 

16 (1) Detailed monthly enrollment figures from 

17 the Exchanges established under the Patient Protec18 tion and Affordable Care Act of 2010 pertaining to 

19 enrollments during the open enrollment period; and 

20 (2) Notification of any new or competitive grant 

21 awards, including supplements, authorized under 

22 section 330 of the Public Health Service Act. 

23 (b) The Committees on Appropriations of the House 

24 and Senate must be notified at least 2 business days in 


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1 advance of any public release of enrollment information 

2 or the award of such grants. 

3 SEC. 227. The Department of Health and Human 

4 Services shall provide the Committees on Appropriations 

5 of the House of Representatives and Senate a biannual 

6 report 30 days after enactment of this Act on staffing de7 scribed in the committee report accompanying this Act. 

8 SEC. 228. Funds appropriated in this Act that are 

9 available for salaries and expenses of employees of the De10 partment of Health and Human Services shall also be 

11 available to pay travel and related expenses of such an 

12 employee or of a member of his or her family, when such 

13 employee is assigned to duty, in the United States or in 

14 a U.S. territory, during a period and in a location that 

15 are the subject of a determination of a public health emer16 gency under section 319 of the Public Health Service Act 

17 and such travel is necessary to obtain medical care for 

18 an illness, injury, or medical condition that cannot be ade19 quately addressed in that location at that time. For pur20 poses of this section, the term ‘‘U.S. territory’’ means 

21 Guam, the Commonwealth of Puerto Rico, the Northern 

22 Mariana Islands, the Virgin Islands, American Samoa, or 

23 the Trust Territory of the Pacific Islands. 

24 SEC. 229. The Department of Health and Human 

25 Services may accept donations from the private sector, 


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1 nongovernmental organizations, and other groups inde2 pendent of the Federal Government for the care of unac3 companied alien children (as defined in section 462(g)(2) 

4 of the Homeland Security Act of 2002 (6 U.S.C. 

5 279(g)(2))) in the care of the Office of Refugee Resettle6 ment of the Administration for Children and Families, in7 cluding medical goods and services, which may include 

8 early childhood developmental screenings, school supplies, 

9 toys, clothing, and any other items intended to promote 

10 the wellbeing of such children. 

11 SEC. 230. None of the funds provided by this or any 

12 prior appropriations Act may be used to reverse changes 

13 in procedures made by operational directives issued to pro14 viders by the Office of Refugee Resettlement on December 

15 18, 2018, March 23, 2019, and June 10, 2019 regarding 

16 the Memorandum of Agreement on Information Sharing 

17 executed April 13, 2018. 

18 SEC. 231. None of the funds made available in this 

19 Act under the heading ‘‘Department of Health and 

20 Human Services—Administration for Children and Fami21 lies—Refugee and Entrant Assistance’’ may be obligated 

22 to a grantee or contractor to house unaccompanied alien 

23 children (as such term is defined in section 462(g)(2) of 

24 the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) 


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1 in any facility that is not State-licensed for the care of 

2 unaccompanied alien children. 

3 SEC. 232. None of the funds made available in this 

4 Act may be used to prevent a United States Senator or 

5 Member of the House of Representatives from entering, 

6 for the purpose of conducting oversight, any facility in the 

7 United States used for the purpose of maintaining custody 

8 of, or otherwise housing, unaccompanied alien children (as 

9 defined in section 462(g)(2) of the Homeland Security Act 

10 of 2002 (6 U.S.C. 279(g)(2))). Nothing in this section 

11 shall be construed to require such a Senator or Member 

12 to provide prior notice of the intent to enter such a facility 

13 for such purpose. 

14 SEC. 233. Not later than 14 days after the date of 

15 enactment of this Act, and monthly thereafter, the Sec16 retary shall submit to the Committees on Appropriations 

17 of the House of Representatives and the Senate, and make 

18 publicly available online, a report with respect to children 

19 who were separated from their parents or legal guardians 

20 by the Department of Homeland Security (DHS) (regard21 less of whether or not such separation was pursuant to 

22 an option selected by the children, parents, or guardians), 

23 subsequently classified as unaccompanied alien children, 

24 and transferred to the care and custody of ORR during 


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1 the previous month. Each report shall contain the fol2 lowing information: 

3 (1) the number and ages of children so sepa4 rated subsequent to apprehension at or between 

5 ports of entry, to be reported by sector where sepa6 ration occurred; 

7 (2) the documented cause of separation, as re8 ported by DHS when each child was referred; 

9 (3) the length of any such separation; 

10 (4) the status of any efforts undertaken by the 

11 Secretary to reunify such children with a parent or 

12 legal guardian; and 

13 (5) the number of any such reunifications, and 

14 whether the reunified families were placed in family 

15 detention. 

16 SEC. 234. None of the funds made available in this 

17 or any prior appropriations Act may be used to implement 

18 or enforce the Memorandum of Agreement Among the Of19 fice of Refugee Resettlement of the Department of Health 

20 and Human Services and U.S. Immigration and Customs 

21 Enforcement and U.S. Customs and Border Protection of 

22 the Department of Homeland Security Regarding Con23 sultation and Information Sharing in Unaccompanied 

24 Alien Children Matters, dated April 13, 2018. Nothing in 

25 this section shall be construed to prohibit or restrict the 


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1 continued implementation of interagency agreements or 

2 coordination of policy memoranda issued prior to April 13, 

3 2018. 

4 SEC. 235. None of the funds made available in this 

5 Act or any other Act may be used by the Secretary of 

6 Health and Human Services to share information provided 

7 by unaccompanied alien children (as defined in section 

8 462(g)(2) of the Homeland Security Act of 2002 (6 

9 U.S.C. 279(g)(2))) during mental health or therapeutic 

10 services with the Department of Homeland Security or the 

11 Department of Justice for immigration enforcement. 

12 SEC. 236. To the extent practicable, and so long as 

13 it is appropriate and in the best interest of the child, in 

14 cases where the Office of Refugee Resettlement of the De15 partment of Health and Human Services is responsible for 

16 the care of siblings who are unaccompanied alien children 

17 (as defined in section 462(g)(2) of the Homeland Security 

18 Act of 2002 (6 U.S.C. 279(g)(2)), the Director of the Of19 fice shall place the siblings— 

20 (1) in the same facility; or 

21 (2) with the same sponsor. 

22 SEC. 237. The Secretary of Health and Human Serv23 ices is directed to report the death of any unaccompanied 

24 alien child in Office of Refugee Resettlement (ORR) cus25 tody or in the custody of any grantee on behalf of ORR 


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1 within 24 hours, including relevant details regarding the 

2 circumstances of the fatality, to the Committees on Appro3 priations of the House of Representatives and the Senate. 

4 SEC. 238. Not later than 30 days after the date of 

5 enactment of this Act, the Secretary shall submit to the 

6 Committees on Appropriations of the House of Represent7 atives and the Senate a detailed spend plan of anticipated 

8 uses of all funds made available under the heading ‘‘De9 partment of Health and Human Services—Administration 

10 for Children and Families—Refugee and Entrant Assist11 ance’’, including the following: a list of existing grants and 

12 contracts for both permanent and influx facilities, includ13 ing their costs, capacity, and timelines; costs for expand14 ing capacity through the use of community-based residen15 tial care placements (including long-term and transitional 

16 foster care and small group homes) through new or modi17 fied grants and contracts; current and planned efforts to 

18 expand small-scale shelters and available foster care place19 ments, including collaboration with State child welfare 

20 providers; influx facilities being assessed for possible use; 

21 costs and services to be provided for legal services, child 

22 advocates, and post-release services; program administra23 tion; and the average number of weekly referrals and dis24 charge rate assumed in the spend plan: Provided, That 

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1 tures and submitted to the Committees on Appropriations 

2 of the House of Representatives and the Senate every 60 

3 days until all funds are expended or expired. 

4 SEC. 239. Funds appropriated in this Act that are 

5 available for salaries and expenses of employees of the 

6 Centers for Disease Control and Prevention shall also be 

7 available for the primary and secondary schooling of eligi8 ble dependents of personnel stationed in a U.S. territory 

9 as defined in section 228 at costs not in excess of those 

10 paid for or reimbursed by the Department of Defense. 

11 SEC. 240. Amounts made available in section 238 of 

12 division A of Public Law 116–94 shall remain available 

13 until September 30, 2024, for installation expenses, in14 cluding moving expenses, relating to the Centers for Dis15 ease Control and Prevention’s Chamblee Campus. 

16 (RESCISSION)

17 SEC. 241. Of the unobligated balances in the ‘‘Non18 recurring Expenses Fund’’ established in section 223 of 

19 division G of Public Law 110–161, $600,000,000 are 

20 hereby rescinded not later than September 30, 2021. 

21 SEC. 242. Funds made available in Public Law 113– 

22 235 to the accounts of the National Institutes of Health 

23 that were available for obligation through fiscal year 2015 

24 and were obligated for multi-year research grants shall be 

25 available through fiscal year 2021 for the liquidation of 


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1 valid obligations if the Director of the National Institutes 

2 of Health determines the project suffered an interruption 

3 of activities attributable to SARS–CoV–2. 

4 SEC. 243. Not later than seven days after the date 

5 of enactment of this Act, and weekly thereafter until the 

6 public health emergency related to COVID-19 is no longer 

7 in effect, the Secretary of Health and Human Services 

8 shall report to the Committees on Appropriations of the 

9 House of Representatives and the Senate on the current 

10 inventory of ventilators and personal protective equipment 

11 in the Strategic National Stockpile, including the numbers 

12 of face shields, gloves, goggles and glasses, gowns, head 

13 covers, masks, and respirators, as well as deployment of 

14 ventilators and personal protective equipment during the 

15 previous week, reported by State and other jurisdiction: 

16 Provided, That after the date that a report is required 

17 to be submitted by the preceding proviso, amounts made 

18 available for ‘‘Department of Health and Human Serv19 ices—Office of the Secretary—General Departmental 

20 Management’’ in Public Law 116–94 for salaries and ex21 penses of the immediate Office of the Secretary shall be 

22 reduced by $250,000 for each day that such report has 

23 not been submitted: Provided further, That not later than 

24 the first Monday in February of fiscal year 2021 and each 

25 fiscal year thereafter, the Secretary shall include in the 


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1 annual budget submission for the Department of Health 

2 and Human Services, and submit to the Congress, a pro3 fessional judgment budget with respect to expenditures 

4 necessary to maintain the minimum level of relevant sup5 plies in the Strategic National Stockpile, including in case 

6 of a significant pandemic, in consultation with the working 

7 group under section 319F(a) of the Public Health Service 

8 Act and the Public Health Emergency Medical Counter9 measures Enterprise established under section 2811–1 of 

10 such Act. 

11 SEC. 244. None of the funds made available by this 

12 Act may be used to implement, enforce, or otherwise give 

13 effect to the final rule entitled ‘‘Protecting Statutory Con14 science Rights in Health Care; Delegations of Authority’’ 

15 (84 Fed. Reg. 23170-23272, May 21, 2019). 

16 SEC. 245. None of the funds made available by this 

17 Act may be used to implement, enforce, or otherwise give 

18 effect to the rule entitled ‘‘Nondiscrimination in Health 

19 and Health Education Programs or Activities’’ published 

20 in the Federal Register on June 19, 2020 (85 Fed. Reg. 

21 37160 et seq.). 

22 SEC. 246. None of the funds appropriated in this Act 

23 or otherwise made available to the Department of Health 

24 and Human Services shall be used to publish the proposed 

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1 ment, Fiscal Year 2021 relating to the Medicaid Non2 emergency Medical Transportation benefit for Medicaid 

3 beneficiaries. 

4 SEC. 247. None of the funds made available in this 

5 Act may be used to Act may be used to implement, en6 force, or otherwise give effect to the revision to section 

7 447.10 of title 42, Code of Federal Regulations, contained 

8 in the final rule entitled ‘‘Medicaid Program; Reassign9 ment of Medicaid Provider Claims’’ (84 Fed. Reg. 19718 

10 (May 6, 2019)). 

11 SEC. 248. (a) None of the funds made available by 

12 this Act may be awarded to any organization, including 

13 under the Federal Foster Care program under part E of 

14 title IV of the Social Security Act, that does not comply 

15 with paragraphs (c) and (d) of section 75.300 of title 45, 

16 Code of Federal Regulations (prohibiting discrimination 

17 on the basis of age, disability, sex, race, color, national 

18 origin, religion, gender identity, or sexual orientation), as 

19 in effect on October 1, 2019. 

20 (b) None of the funds made available by this Act may 

21 be used by the Department of Health and Human Services 

22 to grant an exception from either such paragraph for any 

23 Federal grantee. 

24 SEC. 249. None of the funds made available by this 

25 Act or any other Act may be used to relocate any facility 


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1 providing call center operations for the Centers for Medi2 care & Medicaid Services unless the Comptroller General 

3 has submitted to the Committees on Appropriations of the 

4 House of Representatives and the Senate an evaluation 

5 of relocation options, which shall include any impact on 

6 wages and benefits for employees, contractors, or sub7 contractors in connection with call center operations. 

8 This title may be cited as the ‘‘Department of Health 

9 and Human Services Appropriations Act, 2021’’. 

10 TITLE III 

11 DEPARTMENT OF EDUCATION 

12 EDUCATION FOR THE DISADVANTAGED

13 For carrying out title I and subpart 2 of part B of 

14 title II of the Elementary and Secondary Education Act 

15 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

16 418A of the Higher Education Act of 1965 (referred to 

17 in this Act as ‘‘HEA’’), $17,258,290,000, of which 

18 $6,336,990,000 shall become available on July 1, 2021, 

19 and shall remain available through September 30, 2022, 

20 and of which $10,841,177,000 shall become available on 

21 October 1, 2021, and shall remain available through Sep22 tember 30, 2022, for academic year 2021–2022: Provided, 

23 That $6,459,401,000 shall be for basic grants under sec24 tion 1124 of the ESEA: Provided further, That up to 

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1 retary of Education (referred to in this title as ‘‘Sec2 retary’’) on October 1, 2020, to obtain annually updated 

3 local educational agency-level census poverty data from 

4 the Bureau of the Census: Provided further, That 

5 $1,362,301,000 shall be for concentration grants under 

6 section 1124A of the ESEA: Provided further, That 

7 $4,371,050,000 shall be for targeted grants under section 

8 1125 of the ESEA: Provided further, That 

9 $4,371,050,000 shall be for education finance incentive 

10 grants under section 1125A of the ESEA: Provided fur11 ther, That $220,500,000 shall be for carrying out subpart 

12 2 of part B of title II: Provided further, That $46,623,000 

13 shall be for carrying out section 418A of the HEA. 

14 IMPACT AID

15 For carrying out programs of financial assistance to 

16 federally affected schools authorized by title VII of the 

17 ESEA, $1,491,112,000, of which $1,345,242,000 shall be 

18 for basic support payments under section 7003(b), 

19 $48,316,000 shall be for payments for children with dis20 abilities under section 7003(d), $17,406,000 shall be for 

21 construction under section 7007(b), $75,313,000 shall be 

22 for Federal property payments under section 7002, and 

23 $4,835,000, to remain available until expended, shall be 

24 for facilities maintenance under section 7008: Provided, 

25 That for purposes of computing the amount of a payment 


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1 for an eligible local educational agency under section 

2 7003(a) for school year 2020–2021, children enrolled in 

3 a school of such agency that would otherwise be eligible 

4 for payment under section 7003(a)(1)(B) of such Act, but 

5 due to the deployment of both parents or legal guardians, 

6 or a parent or legal guardian having sole custody of such 

7 children, or due to the death of a military parent or legal 

8 guardian while on active duty (so long as such children 

9 reside on Federal property as described in section 

10 7003(a)(1)(B)), are no longer eligible under such section, 

11 shall be considered as eligible students under such section, 

12 provided such students remain in average daily attendance 

13 at a school in the same local educational agency they at14 tended prior to their change in eligibility status. 

15 SCHOOL IMPROVEMENT PROGRAMS

16 For carrying out school improvement activities au17 thorized by part B of title I, part A of title II, subpart 

18 1 of part A of title IV, part B of title IV, part B of title 

19 V, and parts B and C of title VI of the ESEA; the McKin20 ney-Vento Homeless Assistance Act; section 203 of the 

21 Educational Technical Assistance Act of 2002; the Com22 pact of Free Association Amendments Act of 2003; and 

23 the Civil Rights Act of 1964, $5,453,617,000, of which 

24 $3,623,052,000 shall become available on July 1, 2021, 

25 and remain available through September 30, 2022, and 


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1 of which $1,681,441,000 shall become available on Octo2 ber 1, 2021, and shall remain available through September 

3 30, 2022, for academic year 2021–2022: Provided, That 

4 $378,000,000 shall be for part B of title I: Provided fur5 ther, That $1,262,673,000 shall be for part B of title IV: 

6 Provided further, That $37,897,000 shall be for part B 

7 of title VI, which may be used for construction, renova8 tion, and modernization of any public elementary school, 

9 secondary school, or structure related to a public elemen10 tary school or secondary school that serves a predomi11 nantly Native Hawaiian student body, and that the 5 per12 cent limitation in section 6205(b) of the ESEA on the use 

13 of funds for administrative purposes shall apply only to 

14 direct administrative costs: Provided further, That 

15 $35,953,000 shall be for part C of title VI, which shall 

16 be awarded on a competitive basis, and may be used for 

17 construction, and that the 5 percent limitation in section 

18 6305 of the ESEA on the use of funds for administrative 

19 purposes shall apply only to direct administrative costs: 

20 Provided further, That $52,000,000 shall be available to 

21 carry out section 203 of the Educational Technical Assist22 ance Act of 2002 and the Secretary shall make such ar23 rangements as determined to be necessary to ensure that 

24 the Bureau of Indian Education has access to services pro25 vided under this section: Provided further, That 


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1 $16,699,000 shall be available to carry out the Supple2 mental Education Grants program for the Federated 

3 States of Micronesia and the Republic of the Marshall Is4 lands: Provided further, That the Secretary may reserve 

5 up to 5 percent of the amount referred to in the previous 

6 proviso to provide technical assistance in the implementa7 tion of these grants: Provided further, That $186,840,000 

8 shall be for part B of title V: Provided further, That 

9 $1,220,000,000 shall be available for grants under sub10 part 1 of part A of title IV. 

11 INDIAN EDUCATION

12 For expenses necessary to carry out, to the extent 

13 not otherwise provided, title VI, part A of the ESEA, 

14 $181,239,000, of which $67,993,000 shall be for subpart 

15 2 of part A of title VI and $7,865,000 shall be for subpart 

16 3 of part A of title VI: Provided, That the 5 percent limita17 tion in sections 6115(d), 6121(e), and 6133(g) of the 

18 ESEA on the use of funds for administrative purposes 

19 shall apply only to direct administrative costs. 

20 INNOVATION AND IMPROVEMENT

21 For carrying out activities authorized by subparts 1, 

22 3 and 4 of part B of title II, and parts C, D, and E and 

23 subparts 1 and 4 of part F of title IV of the ESEA, 

24 $1,074,815,000: Provided, That $285,815,000 shall be for 

25 subparts 1, 3 and 4 of part B of title II and shall be made 


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1 available without regard to sections 2201, 2231(b) and 

2 2241: Provided further, That $594,000,000 shall be for 

3 parts C, D, and E and subpart 4 of part F of title IV, 

4 and shall be made available without regard to sections 

5 4311, 4409(a), and 4601 of the ESEA: Provided further, 

6 That notwithstanding section 4601(b), $195,000,000 shall 

7 be available through December 31, 2021 for subpart 1 of 

8 part F of title IV, of which $110,000,000 shall be for so9 cial and emotional learning grants, and $85,000,000 shall 

10 be used for science, technology, engineering, arts, and 

11 mathematics, including computer science education 

12 grants. 

13 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

14 For carrying out activities authorized by subparts 2 

15 and 3 of part F of title IV of the ESEA, $218,000,000: 

16 Provided, That $106,000,000 shall be available for section 

17 4631, of which up to $5,000,000, to remain available until 

18 expended, shall be for the Project School Emergency Re19 sponse to Violence (Project SERV) program: Provided fur20 ther, That $30,000,000 shall be available for section 4625: 

21 Provided further, That $82,000,000 shall be available 

22 through December 31, 2021, for section 4624. 

23 ENGLISH LANGUAGE ACQUISITION

24 For carrying out part A of title III of the ESEA, 

25 $797,400,000, which shall become available on July 1, 


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1 2021, and shall remain available through September 30, 

2 2022, except that 6.5 percent of such amount shall be 

3 available on October 1, 2020, and shall remain available 

4 through September 30, 2022, to carry out activities under 

5 section 3111(c)(1)(C). 

6 SPECIAL EDUCATION

7 For carrying out the Individuals with Disabilities 

8 Education Act (IDEA) and the Special Olympics Sport 

9 and Empowerment Act of 2004, $14,092,995,000, of 

10 which $4,553,979,000 shall become available on July 1, 

11 2021, and shall remain available through September 30, 

12 2022, and of which $9,283,383,000 shall become available 

13 on October 1, 2021, and shall remain available through 

14 September 30, 2022, for academic year 2021–2022: Pro15 vided, That the amount for section 611(b)(2) of the IDEA 

16 shall be equal to the lesser of the amount available for 

17 that activity during fiscal year 2020, increased by the 

18 amount of inflation as specified in section 619(d)(2)(B) 

19 of the IDEA, or the percent change in the funds appro20 priated under section 611(i) of the IDEA, but not less 

21 than the amount for that activity during fiscal year 2020: 

22 Provided further, That the Secretary shall, without regard 

23 to section 611(d) of the IDEA, distribute to all other 

24 States (as that term is defined in section 611(g)(2)), sub25 ject to the third proviso, any amount by which a State’s 


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1 allocation under section 611, from funds appropriated 

2 under this heading, is reduced under section 

3 612(a)(18)(B), according to the following: 85 percent on 

4 the basis of the States’ relative populations of children 

5 aged 3 through 21 who are of the same age as children 

6 with disabilities for whom the State ensures the avail7 ability of a free appropriate public education under this 

8 part, and 15 percent to States on the basis of the States’ 

9 relative populations of those children who are living in pov10 erty: Provided further, That the Secretary may not dis11 tribute any funds under the previous proviso to any State 

12 whose reduction in allocation from funds appropriated 

13 under this heading made funds available for such a dis14 tribution: Provided further, That the States shall allocate 

15 such funds distributed under the second proviso to local 

16 educational agencies in accordance with section 611(f): 

17 Provided further, That the amount by which a State’s allo18 cation under section 611(d) of the IDEA is reduced under 

19 section 612(a)(18)(B) and the amounts distributed to 

20 States under the previous provisos in fiscal year 2012 or 

21 any subsequent year shall not be considered in calculating 

22 the awards under section 611(d) for fiscal year 2013 or 

23 for any subsequent fiscal years: Provided further, That, 

24 notwithstanding the provision in section 612(a)(18)(B) re25 garding the fiscal year in which a State’s allocation under 


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1 section 611(d) is reduced for failure to comply with the 

2 requirement of section 612(a)(18)(A), the Secretary may 

3 apply the reduction specified in section 612(a)(18)(B) over 

4 a period of consecutive fiscal years, not to exceed five, 

5 until the entire reduction is applied: Provided further, 

6 That the Secretary may, in any fiscal year in which a 

7 State’s allocation under section 611 is reduced in accord8 ance with section 612(a)(18)(B), reduce the amount a 

9 State may reserve under section 611(e)(1) by an amount 

10 that bears the same relation to the maximum amount de11 scribed in that paragraph as the reduction under section 

12 612(a)(18)(B) bears to the total allocation the State 

13 would have received in that fiscal year under section 

14 611(d) in the absence of the reduction: Provided further, 

15 That the Secretary shall either reduce the allocation of 

16 funds under section 611 for any fiscal year following the 

17 fiscal year for which the State fails to comply with the 

18 requirement of section 612(a)(18)(A) as authorized by 

19 section 612(a)(18)(B), or seek to recover funds under sec20 tion 452 of the General Education Provisions Act (20 

21 U.S.C. 1234a): Provided further, That the funds reserved 

22 under 611(c) of the IDEA may be used to provide tech23 nical assistance to States to improve the capacity of the 

24 States to meet the data collection requirements of sections 

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1 ices and activities to improve data collection, coordination, 

2 quality, and use under parts B and C of the IDEA: Pro3 vided further, That the Secretary may use funds made 

4 available for the State Personnel Development Grants pro5 gram under part D, subpart 1 of IDEA to evaluate pro6 gram performance under such subpart: Provided further, 

7 That States may use funds reserved for other State-level 

8 activities under sections 611(e)(2) and 619(f) of the IDEA 

9 to make subgrants to local educational agencies, institu10 tions of higher education, other public agencies, and pri11 vate non-profit organizations to carry out activities au12 thorized by those sections: Provided further, That, not13 withstanding section 643(e)(2)(A) of the IDEA, if 5 or 

14 fewer States apply for grants pursuant to section 643(e) 

15 of such Act, the Secretary shall provide a grant to each 

16 State in an amount equal to the maximum amount de17 scribed in section 643(e)(2)(B) of such Act: Provided fur18 ther, That if more than 5 States apply for grants pursuant 

19 to section 643(e) of the IDEA, the Secretary shall award 

20 funds to those States on the basis of the States’ relative 

21 populations of infants and toddlers except that no such 

22 State shall receive a grant in excess of the amount de23 scribed in section 643(e)(2)(B) of such Act: Provided fur24 ther, That States may use funds received under part C 

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1 cies, institutions of higher education, other public agencies 

2 and private nonprofit organizations to carry out activities 

3 authorized by such part. 

4 REHABILITATION SERVICES

5 For carrying out, to the extent not otherwise pro6 vided, the Rehabilitation Act of 1973, the Helen Keller 

7 National Center Act, and the Randolph-Sheppard Act, 

8 $3,827,500,000, of which $3,667,801,000 shall be for 

9 grants for vocational rehabilitation services under title I 

10 of the Rehabilitation Act: Provided, That the Secretary 

11 may use amounts provided in this Act that remain avail12 able subsequent to the reallotment of funds to States pur13 suant to section 110(b) of the Rehabilitation Act for inno14 vative activities aimed at improving the outcomes of indi15 viduals with disabilities as defined in section 7(20)(B) of 

16 the Rehabilitation Act, including activities aimed at im17 proving the education and post-school outcomes of chil18 dren receiving Supplemental Security Income (‘‘SSI’’) and 

19 their families that may result in long-term improvement 

20 in the SSI child recipient’s economic status and self-suffi21 ciency: Provided further, That States may award sub22 grants for a portion of the funds to other public and pri23 vate, nonprofit entities: Provided further, That any funds 

24 made available subsequent to reallotment for innovative 

25 activities aimed at improving the outcomes of individuals 


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1 with disabilities shall remain available until September 30, 

2 2022: Provided further, That $20,000,000 of these funds 

3 shall be available to the Secretary for one-time emergency 

4 relief and restoration grants consistent with the purposes 

5 of the Randolph-Sheppard Act as authorized under 20 

6 U.S.C. 107f: Provided further, That the Secretary shall 

7 use such funds to make grants to each State licensing 

8 agency in the same proportion as the number of blind ven9 dors operating a vending facility in such State as com10 pared to the number of blind vendors operating a vending 

11 facility in all the States on September 30, 2019: Provided 

12 further, That the State licensing agency shall use these 

13 grants to make financial relief and restoration payments 

14 to offset losses of blind vendors resulting from the 

15 COVID-19 emergency, but only to the extent that such 

16 losses are not otherwise compensated: Provided further, 

17 That any funds in excess of the amount needed for relief 

18 and restoration payments to blind vendors shall be used 

19 by the State licensing agency for other purposes author20 ized by section 395.9 of title 34, Code of Federal Regula21 tions, as in effect on the date of enactment of this Act, 

22 and determined through active participation with the 

23 State committee of blind vendors as required. 


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1 SPECIAL INSTITUTIONS FOR PERSONS WITH

2 DISABILITIES

3 AMERICAN PRINTING HOUSE FOR THE BLIND

4 For carrying out the Act to Promote the Education 

5 of the Blind of March 3, 1879, $32,931,000. 

6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7 For the National Technical Institute for the Deaf 

8 under titles I and II of the Education of the Deaf Act 

9 of 1986, $81,000,000: Provided, That from the total 

10 amount available, the Institute may at its discretion use 

11 funds for the endowment program as authorized under 

12 section 207 of such Act. 

13 GALLAUDET UNIVERSITY

14 For the Kendall Demonstration Elementary School, 

15 the Model Secondary School for the Deaf, and the partial 

16 support of Gallaudet University under titles I and II of 

17 the Education of the Deaf Act of 1986, $139,861,000: 

18 Provided, That from the total amount available, the Uni19 versity may at its discretion use funds for the endowment 

20 program as authorized under section 207 of such Act. 

21 CAREER, TECHNICAL, AND ADULT EDUCATION

22 For carrying out, to the extent not otherwise pro23 vided, the Carl D. Perkins Career and Technical Edu24 cation Act of 2006 (‘‘Perkins Act’’) and the Adult Edu25 cation and Family Literacy Act (‘‘AEFLA’’), 


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1 $1,985,686,000, of which $1,194,686,000 shall become 

2 available on July 1, 2021, and shall remain available 

3 through September 30, 2022, and of which $791,000,000 

4 shall become available on October 1, 2021, and shall re5 main available through September 30, 2022: Provided, 

6 That of the amounts made available for AEFLA, 

7 $13,712,000 shall be for national leadership activities 

8 under section 242. 

9 STUDENT FINANCIAL ASSISTANCE

10 For carrying out subparts 1, 3, and 10 of part A, 

11 and part C of title IV of the HEA, $24,565,352,000 which 

12 shall remain available through September 30, 2022. 

13 The maximum Pell Grant for which a student shall 

14 be eligible during award year 2021–2022 shall be $5,435. 

15 STUDENT AID ADMINISTRATION

16 For Federal administrative expenses to carry out part 

17 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

18 parts B, C, D, and E of title IV of the HEA, and subpart 

19 1 of part A of title VII of the Public Health Service Act, 

20 $1,768,943,000, to remain available through September 

21 30, 2022: Provided, That the Secretary shall allocate new 

22 student loan borrower accounts to eligible student loan 

23 servicers on the basis of their past performance compared 

24 to all loan servicers utilizing established common metrics, 

25 and on the basis of the capacity of each servicer to process 


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1 new and existing accounts and compliance with Federal 

2 and State law: Provided further, That for student loan 

3 contracts awarded prior to October 1, 2017, the Secretary 

4 shall allow student loan borrowers who are consolidating 

5 Federal student loans to select from any student loan 

6 servicer to service their new consolidated student loan: 

7 Provided further, That in order to promote accountability 

8 and high-quality service to borrowers, the Secretary shall 

9 not award funding for any contract solicitation for a new 

10 Federal student loan servicing environment, including the 

11 solicitation for the Federal Student Aid (FSA) Next Gen12 eration Processing and Servicing Environment, unless 

13 such an environment provides for the participation of mul14 tiple student loan servicers that contract directly with the 

15 Department of Education: Provided further, That the FSA 

16 Next Generation Processing and Servicing Environment, 

17 or any new Federal student loan servicing environment, 

18 shall include accountability measures that account for the 

19 performance of the portfolio and contractor compliance 

20 with FSA guidelines: Provided further, That the Depart21 ment shall re-allocate accounts from servicers for recur22 ring non-compliance with FSA guidelines, contractual re23 quirements, and Federal and State law, including for fail24 ure to sufficiently inform borrowers of available repayment 

25 options: Provided further, That such servicers shall be 


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1 evaluated based on their ability to meet contract require2 ments (including an understanding of Federal and State 

3 law), future performance on the contracts, and history of 

4 compliance with applicable consumer protections laws, in5 cluding Federal and State law: Provided further, That to 

6 the extent FSA permits student loan servicing subcon7 tracting, FSA shall hold prime contractors accountable for 

8 meeting the requirements of the contract, and the per9 formance and expectations of subcontractors shall be ac10 counted for in the prime contract and in the overall per11 formance of the prime contractor: Provided further, That 

12 FSA shall ensure that the Next Generation Processing 

13 and Servicing Environment, or any new Federal loan serv14 icing environment, incentivize more support to borrowers 

15 at risk of delinquency or default: Provided further, That 

16 FSA shall ensure that in such environment contractors 

17 have the capacity to meet and are held accountable for 

18 performance on service levels; are held accountable for and 

19 have a history of compliance with applicable consumer pro20 tection laws, including Federal and State law; and have 

21 relevant experience and demonstrated effectiveness: Pro22 vided further, That the Secretary shall not delay, prevent, 

23 or otherwise obstruct, directly or indirectly, State over24 sight of the Department’s contractors conducting business 

25 in such State, including loan servicers: Provided further, 


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1 That the Secretary shall provide quarterly briefings to the 

2 Committees on Appropriations and Education and Labor 

3 of the House of Representatives and the Committees on 

4 Appropriations and Health, Education, Labor, and Pen5 sions of the Senate on general progress related to solicita6 tions for Federal student loan servicing contracts: Pro7 vided further, That FSA shall strengthen transparency 

8 through expanded publication of aggregate data on stu9 dent loan and servicer performance: Provided further, 

10 That FSA shall provide a detailed strategic plan for Next 

11 Gen to the Committees on Appropriations of the House 

12 of Representatives and the Senate within 60 days of enact13 ment of this Act, accounting for the cost of all activities 

14 associated with the full implementation of Next Gen, in15 cluding transition costs, the amount of funding that has 

16 been used from Student Aid Administration in each of the 

17 previous three fiscal years on Next Gen, including an ex18 planation of each cost and activity, details about contracts 

19 awarded, including any change request issued prior to en20 actment: Provided further, That not later than 30 days 

21 after enactment of this Act, FSA shall provide to the Com22 mittees on Appropriations of the House of Representatives 

23 and the Senate a detailed spend plan of anticipated uses 

24 made available in this account for fiscal year 2021, includ25 ing the following: contracts awarded, change requests, boVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 nuses paid to staff, reorganization costs, and any other 

2 activity supported by this appropriation. 

3 HIGHER EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 

6 the Mutual Educational and Cultural Exchange Act of 

7 1961, and section 117 of the Perkins Act, 

8 $2,556,815,000, of which $31,000,000 shall remain avail9 able through December 31, 2021: Provided, That notwith10 standing any other provision of law, funds made available 

11 in this Act to carry out title VI of the HEA and section 

12 102(b)(6) of the Mutual Educational and Cultural Ex13 change Act of 1961 may be used to support visits and 

14 study in foreign countries by individuals who are partici15 pating in advanced foreign language training and inter16 national studies in areas that are vital to United States 

17 national security and who plan to apply their language 

18 skills and knowledge of these countries in the fields of gov19 ernment, the professions, or international development: 

20 Provided further, That of the funds referred to in the pre21 ceding proviso up to 1 percent may be used for program 

22 evaluation, national outreach, and information dissemina23 tion activities: Provided further, That up to 1.5 percent 

24 of the funds made available under chapter 2 of subpart 

25 2 of part A of title IV of the HEA may be used for evaluaVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 tion: Provided further, That section 313(d) of the HEA 

2 shall not apply to an institution of higher education that 

3 is eligible to receive funding under section 318 of the 

4 HEA. 

5 HOWARD UNIVERSITY

6 For partial support of Howard University, 

7 $254,018,000, of which not less than $3,405,000 shall be 

8 for a matching endowment grant pursuant to the Howard 

9 University Endowment Act and shall remain available 

10 until expended. 

11 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

12 PROGRAM

13 For Federal administrative expenses to carry out ac14 tivities related to existing facility loans pursuant to section 

15 121 of the HEA, $435,000. 

16 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

17 CAPITAL FINANCING PROGRAM ACCOUNT

18 For the cost of guaranteed loans, $22,150,000, as au19 thorized pursuant to part D of title III of the HEA, which 

20 shall remain available through September 30, 2022: Pro21 vided, That such costs, including the cost of modifying 

22 such loans, shall be as defined in section 502 of the Con23 gressional Budget Act of 1974: Provided further, That 

24 these funds are available to subsidize total loan principal, 

25 any part of which is to be guaranteed, not to exceed 


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1 $278,266,000: Provided further, That these funds may be 

2 used to support loans to public and private Historically 

3 Black Colleges and Universities without regard to the limi4 tations within section 344(a) of the HEA. 

5 In addition, $16,000,000 shall be made available to 

6 provide for the deferment of loans made under part D of 

7 title III of the HEA to eligible institutions that are private 

8 Historically Black Colleges and Universities, which apply 

9 for the deferment of such a loan and demonstrate financial 

10 need for such deferment by having a score of 2.6 or less 

11 on the Department of Education’s financial responsibility 

12 test: Provided, That the loan has not been paid in full and 

13 is not paid in full during the period of deferment: Provided 

14 further, That during the period of deferment of such a 

15 loan, interest on the loan will not accrue or be capitalized, 

16 and the period of deferment shall be for at least a period 

17 of 3-fiscal years and not more than 6-fiscal years: Pro18 vided further, That funds available under this paragraph 

19 shall be used to fund eligible deferment requests submitted 

20 for this purpose in fiscal year 2018: Provided further, That 

21 the Secretary shall create and execute an outreach plan 

22 to work with States and the Capital Financing Advisory 

23 Board to improve outreach to States and help additional 

24 public Historically Black Colleges and Universities partici25 pate in the program. 


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1 In addition, $10,000,000 shall be made available to 

2 provide for the deferment of loans made under part D of 

3 title III of the HEA to eligible institutions that are public 

4 Historically Black Colleges and Universities, which apply 

5 for the deferment of such a loan and demonstrate financial 

6 need for such deferment, which shall be determined by the 

7 Secretary of Education based on factors including, but not 

8 limited to, equal to or greater than 5 percent of the 

9 school’s operating revenue relative to its annual debt serv10 ice payment: Provided, That during the period of 

11 deferment of such a loan, interest on the loan will not ac12 crue or be capitalized, and the period of deferment shall 

13 be for at least a period of 3-fiscal years and not more 

14 than 6-fiscal years. 

15 In addition, for administrative expenses to carry out 

16 the Historically Black College and University Capital Fi17 nancing Program entered into pursuant to part D of title 

18 III of the HEA, $334,000. 

19 INSTITUTE OF EDUCATION SCIENCES

20 For carrying out activities authorized by the Edu21 cation Sciences Reform Act of 2002, the National Assess22 ment of Educational Progress Authorization Act, section 

23 208 of the Educational Technical Assistance Act of 2002, 

24 and section 664 of the Individuals with Disabilities Edu25 cation Act, $630,462,000, which shall remain available 


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1 through September 30, 2022: Provided, That funds avail2 able to carry out section 208 of the Educational Technical 

3 Assistance Act may be used to link Statewide elementary 

4 and secondary data systems with early childhood, postsec5 ondary, and workforce data systems, or to further develop 

6 such systems: Provided further, That up to $6,000,000 of 

7 the funds available to carry out section 208 of the Edu8 cational Technical Assistance Act may be used for awards 

9 to public or private organizations or agencies to support 

10 activities to improve data coordination, quality, and use 

11 at the local, State, and national levels. 

12 DEPARTMENTAL MANAGEMENT

13 PROGRAM ADMINISTRATION

14 For carrying out, to the extent not otherwise pro15 vided, the Department of Education Organization Act, in16 cluding rental of conference rooms in the District of Co17 lumbia and hire of three passenger motor vehicles, 

18 $430,000,000: Provided, That, notwithstanding any other 

19 provision of law, none of the funds provided by this Act 

20 or provided by previous Appropriations Acts to the De21 partment of Education available for obligation or expendi22 ture in the current fiscal year may be used for any activity 

23 relating to implementing a reorganization that decentral24 izes, reduces the staffing level, or alters the responsibil25 ities, structure, authority, or functionality of the Budget 


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1 Service of the Department of Education, relative to the 

2 organization and operation of the Budget Service as in 

3 effect on January 1, 2018. 

4 OFFICE FOR CIVIL RIGHTS

5 For expenses necessary for the Office for Civil 

6 Rights, as authorized by section 203 of the Department 

7 of Education Organization Act, $132,000,000. 

8 OFFICE OF INSPECTOR GENERAL

9 For expenses necessary for the Office of Inspector 

10 General, as authorized by section 212 of the Department 

11 of Education Organization Act, $64,000,000, of which 

12 $2,000,000 shall remain available until expended. 

13 GENERAL PROVISIONS

14 SEC. 301. No funds appropriated in this Act may be 

15 used to prevent the implementation of programs of vol16 untary prayer and meditation in the public schools. 

17 (TRANSFER OF FUNDS)

18 SEC. 302. Not to exceed 1 percent of any discre19 tionary funds (pursuant to the Balanced Budget and 

20 Emergency Deficit Control Act of 1985) which are appro21 priated for the Department of Education in this Act may 

22 be transferred between appropriations, but no such appro23 priation shall be increased by more than 3 percent by any 

24 such transfer: Provided, That the transfer authority 

25 granted by this section shall be available only to meet 


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1 emergency needs and shall not be used to create any new 

2 program or to fund any project or activity for which no 

3 funds are provided in this Act: Provided further, That the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate are notified at least 15 days in ad6 vance of any transfer. 

7 SEC. 303. Funds appropriated in this Act and con8 solidated for evaluation purposes under section 8601(c) of 

9 the ESEA shall be available from July 1, 2021, through 

10 September 30, 2022. 

11 SEC. 304. (a) An institution of higher education that 

12 maintains an endowment fund supported with funds ap13 propriated for title III or V of the HEA for fiscal year 

14 2021 may use the income from that fund to award schol15 arships to students, subject to the limitation in section 

16 331(c)(3)(B)(i) of the HEA. The use of such income for 

17 such purposes, prior to the enactment of this Act, shall 

18 be considered to have been an allowable use of that in19 come, subject to that limitation. 

20 (b) Subsection (a) shall be in effect until titles III 

21 and V of the HEA are reauthorized. 

22 SEC. 305. Section 114(f) of the HEA (20 U.S.C. 

23 1011c(f)) is amended by striking ‘‘2020’’ and inserting 

24 ‘‘2021’’. 


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1 SEC. 306. Section 458(a) of the HEA (20 U.S.C. 

2 1087h(a)(4)) is amended by striking ‘‘2020’’ and inserting 

3 ‘‘2021’’. 

4 SEC. 307. Funds appropriated in this Act under the 

5 heading ‘‘Student Aid Administration’’ shall also be avail6 able for payments for student loan servicing to an institu7 tion of higher education that services outstanding Federal 

8 Perkins Loans under part E of title IV of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1087aa et seq.). 

10 (RESCISSION)

11 SEC. 308. Of the amounts appropriated under Sec12 tion 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 

13 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(XI)), $21,000,000 

14 are hereby rescinded, to be derived from amounts made 

15 available by such section for fiscal year 2021. 

16 SEC. 309. Of the amounts made available under this 

17 title under the heading ‘‘Student Aid Administration’’, 

18 $2,300,000 shall be used by the Secretary of Education 

19 to conduct outreach to borrowers of loans made under part 

20 D of title IV of the Higher Education Act of 1965 who 

21 may intend to qualify for loan cancellation under section 

22 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that 

23 borrowers are meeting the terms and conditions of such 

24 loan cancellation: Provided, That the Secretary shall spe25 cifically conduct outreach to assist borrowers who would 


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1 qualify for loan cancellation under section 455(m) of such 

2 Act except that the borrower has made some, or all, of 

3 the 120 required payments under a repayment plan that 

4 is not described under section 455(m)(A) of such Act, to 

5 encourage borrowers to enroll in a qualifying repayment 

6 plan: Provided further, That the Secretary shall also com7 municate to all Direct Loan borrowers the full require8 ments of section 455(m) of such Act and improve the fil9 ing of employment certification by providing improved out10 reach and information such as outbound calls, electronic 

11 communications, ensuring prominent access to program 

12 requirements and benefits on each servicer’s website, and 

13 creating an option for all borrowers to complete the entire 

14 payment certification process electronically and on a cen15 tralized website. 

16 SEC. 310. None of the funds made available by this 

17 Act may be used in contravention of section 203 of the 

18 Department of Education Organization Act (20 U.S.C. 

19 3413). 

20 SEC. 311. For an additional amount for ‘‘Department 

21 of Education—Federal Direct Student Loan Program Ac22 count’’, $50,000,000, to remain available until expended, 

23 shall be for the cost, as defined under section 502 of the 

24 Congressional Budget Act of 1974, of the Secretary of 

25 Education providing loan cancellation in the same manner 


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1 as under section 455(m) of the Higher Education Act of 

2 1965 (20 U.S.C. 1087e(m)), for borrowers of loans made 

3 under part D of title IV of such Act who would qualify 

4 for loan cancellation under section 455(m) except some, 

5 or all, of the 120 required payments under section 

6 455(m)(1)(A) do not qualify for purposes of the program 

7 because they were monthly payments made in accordance 

8 with graduated or extended repayment plans as described 

9 under subparagraph (B) or (C) of section 455(d)(1) or 

10 the corresponding repayment plan for a consolidation loan 

11 made under section 455(g), with exception for a borrower 

12 who would have otherwise been eligible under this section 

13 but demonstrates an unusual fluctuation of income over 

14 the past 5 years: Provided, That the total loan volume, 

15 including outstanding principal, fees, capitalized interest, 

16 or accrued interest, at application that is eligible for such 

17 loan cancellation by such borrowers shall not exceed 

18 $75,000,000: Provided further, That the Secretary shall 

19 develop and make available a simple method for borrowers 

20 to apply for loan cancellation under this section within 60 

21 days of enactment of this Act: Provided further, That the 

22 Secretary shall provide loan cancellation under this section 

23 to eligible borrowers on a first-come, first-serve basis, 

24 based on the date of application and subject to both the 

25 limitation on total loan volume at application for such loan 


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1 cancellation specified in the first proviso and the avail2 ability of appropriations under this section: Provided fur3 ther, That no borrower may, for the same service, receive 

4 a reduction of loan obligations under both this section and 

5 section 428J, 428K, 428L, or 460 of such Act: Provided 

6 further, That the Secretary shall inform all borrowers who 

7 have submitted an Employment Certification Form and 

8 are in the incorrect repayment program about the Tem9 porary Expanded Public Service Loan Forgiveness Pro10 gram and requirements for qualification under the pro11 gram. 

12 SEC. 312. (a) The General Education Provisions Act 

13 (20 U.S.C. 1221 et seq.) is amended by striking section 

14 426. 

15 (b) Paragraph (9) of section 4407(a) of the Elemen16 tary and Secondary Education Act of 1965 (20 U.S.C. 

17 7231f(a)) is amended by striking ′′notwithstanding section 

18 426 of the General Education Provisions Act (20 U.S.C. 

19 1228),′′. 

20 SEC. 313. (a) Section 487(d) of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1094(d)) is amended— 

22 (1) in paragraph (1)(C), in the matter pre23 ceding clause (i), by striking ‘‘any funds for a pro24 gram under this title’’ and inserting ‘‘any Federal 

25 education assistance funds’’; and 


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1 (2) in paragraph (4)(A), by striking ‘‘sources 

2 under this title’’ and inserting ‘‘Federal education 

3 assistance funds’’. 

4 (b) Section 102(b) of the HEA is amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (D), by striking 

7 ‘‘and’’ after the semicolon; 

8 (B) in subparagraph (E), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(F) meets the requirements of paragraph 

12 (3),’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(3) REVENUE SOURCES.— In order to qualify 

15 as a proprietary institution of higher education 

16 under this subsection, an institution shall derive not 

17 less than 15 percent of the institution’s revenues 

18 from sources other than Federal education assist19 ance funds, as calculated in accordance with para20 graph (4).’’. 

21 (c) Paragraph (1) of section 487(d) of the HEA (as 

22 amended by subsection (a)) is— 

23 (1) transferred to section 102(b) of such Act; 

24 (2) inserted so as to appear after paragraph (3) 

25 of such section 102(b) (as added by subsection (b); 


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1 (3) redesignated as paragraph (4) of such sec2 tion 102(b); and 

3 (4) further amended by striking ‘‘subsection 

4 (a)(24)’’ and inserting ‘‘paragraph (3)’’. 

5 (d) Paragraph (3) of section 487(d) of the HEA is— 

6 (1) transferred to section 102(b) of such Act; 

7 (2) inserted so as to appear after paragraph (4) 

8 of such section 102(b) (as added by subsection (c)); 

9 (3) redesignated as paragraph (5) of such sec10 tion 102(b); and 

11 (4) further amended by striking ‘‘subsection 

12 (a)(24)’’ and inserting ‘‘paragraph (3)’’. 

13 (e) Paragraph (4) of section 487(d) of the HEA (as 

14 amended by subsection (a)) is— 

15 (1) transferred to section 102(b) of such Act; 

16 (2) inserted so as to appear after paragraph (5) 

17 of such section 102(b) (as added by subsection (d)); 

18 (3) redesignated as paragraph (6) of such sec19 tion 102(b); and 

20 (4) further amended by striking ‘‘subsection 

21 (a)(24)’’ and inserting ‘‘paragraph (3)’’. 

22 (f) Section 103 of the HEA (20 U.S.C. 1003) is 

23 amended by adding at the end the following: 


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1 ‘‘(25) FEDERAL EDUCATION ASSISTANCE

2 FUNDS.— The term ‘Federal education assistance 

3 funds’— 

4 ‘‘(A) except as provided in subparagraph 

5 (B), means any Federal funds provided, under 

6 this Act or any other Federal law, through a 

7 grant, contract, subsidy, loan, or guarantee, or 

8 through insurance or other means (including 

9 Federal funds disbursed or delivered to an insti10 tution or on behalf of a student or to a student 

11 to be used to attend the institution); and 

12 ‘‘(B) does not include any monthly housing 

13 stipend provided under the Post-9/11 Edu14 cational Assistance Program under chapter 33 

15 of title 38, United States Code.’’. 

16 (g) Subsection (a)(24), the subsection designation 

17 and heading of subsection (d), and subsection (d)(2) of 

18 section 487 the Higher Education Act of 1965 (20 U.S.C. 

19 1094) are repealed. 

20 SEC. 314. (a) None of the funds appropriated by this 

21 title may be used to— 

22 (1) implement, enforce, or otherwise give effect 

23 to the final rule entitled, ‘‘Nondiscrimination on the 

24 Basis of Sex in Education Programs or Activities 

25 Receiving Federal Financial Assistance’’ as pubVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 lished in the Federal Register on May 19, 2020 (85 

2 Fed. Reg. 30,026); or 

3 (2) propose or issue any rule or guidance that 

4 is in substantially the same form or substantially the 

5 same as any of such proposed amendments. 

6 (b) Nothing in this section shall prevent the Secretary 

7 of Education or the Office for Civil Rights of the Depart8 ment of Education from enforcing the protection provided 

9 by title IX of the Education Amendments of 1972 against 

10 sexual harassment in accordance with the standards set 

11 out in the guidance, entitled ‘‘Revised Sexual Harassment 

12 Guidance: Harassment of Students by School Employees, 

13 Other Students, or Third Parties’’ as published in the 

14 Federal Register on January 19, 2001 (66 Fed. Reg. 

15 5,512). 

16 SEC. 315. (a) Notwithstanding section 401(b)(6) of 

17 the HEA, a Federal Pell Grant under section 401 of the 

18 HEA may be awarded to an incarcerated individual (or 

19 on behalf of such individual) for each academic year dur20 ing which that individual is enrolled at an eligible institu21 tion that meets the criteria described in subsection (b). 

22 (b) The criteria described in this subsection are as 

23 follows: 

24 (1) The eligible institution— 


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1 (A) is an institution of higher education (as de2 fined in section 101 of the HEA) or a postsecondary 

3 vocational institution (as defined in section 102(c) of 

4 the HEA); and 

5 (B) during the preceding five years, has not 

6 been subject to the denial, withdrawal, suspension, 

7 or termination of accreditation. 

8 (2) Such institution provides each incarcerated indi9 vidual, upon completion of a course offered by the institu10 tion, with academic credits that are the equivalent to cred11 its earned by non-incarcerated students for an equivalent 

12 course of study. 

13 (3) Such institution provides to the Secretary con14 firmation from each facility involved that the course of 

15 study offered by the institution at such facility is acces16 sible to incarcerated individuals (including such individ17 uals who are individuals with disabilities). 

18 (4) Such institution does not (directly or indirectly) 

19 charge an incarcerated individual for an award year, an 

20 amount that exceeds the total grant aid received by the 

21 individual for such award year. 

22 (5) Such institution makes available to incarcerated 

23 individuals who are considering enrolling in a course of 

24 study offered by the institution, in simple and understand25 able terms, the following: 


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1 (A) Information with respect to each course of 

2 study at the institution for which such an individual 

3 may receive a Federal Pell Grant, including— 

4 (i) the cost of attendance (as defined in 

5 section 472 of the HEA); 

6 (ii) the mode of instruction (such as dis7 tance education, in-person instruction, or a 

8 combination of such modes); 

9 (iii) how enrollment in such course of 

10 study will impact the period of eligibility for 

11 Federal Pell Grants for such an individual, in12 cluding in a case in which the individual is 

13 transferred to another facility or released before 

14 the completion of such course; 

15 (iv) the transferability of credits earned, 

16 and the acceptability of such credits toward a 

17 certificate or degree program offered by the in18 stitution; 

19 (v) the process for continuing postsec20 ondary education— 

21 (I) upon transfer to another facility; 

22 or 

23 (II) after the student’s period of in24 carceration or confinement; and 


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1 (vi) the process for continuing enrollment 

2 at the institution after the student’s period of 

3 incarceration or confinement, including any bar4 riers to admission (such as criminal history 

5 questions on applications for admission to such 

6 institution). 

7 (B) In the case of an institution that offers a 

8 program to prepare incarcerated individuals for 

9 gainful employment in a recognized occupation (as 

10 such term is used in sections 101(b)(1), 

11 102(c)(1)(A), and 481(b)(1)(A)(i) of the HEA)— 

12 (i) information on any applicable State li13 censure and certification requirements, includ14 ing the requirements of the State in which the 

15 facility involved is located and each State in 

16 which such individuals permanently reside; and 

17 (ii) restrictions related to the employment 

18 of formerly incarcerated individuals for each 

19 recognized occupation for which the course of 

20 study prepares students, including such restric21 tions— 

22 (I) in Federal law; and 

23 (II) in the laws of the State in which 

24 the facility involved is located and each 


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1 State in which such individuals perma2 nently reside. 

3 (c) In this section: 

4 (1) The term ‘‘facility’’ means— 

5 (A) a place used for the confinement of in6 dividuals convicted of a criminal offense that is 

7 owned by, or under contract to, the Bureau of 

8 Prisons, a State, or a unit of local government: 

9 or 

10 (B) a facility to which an individual sub11 ject to involuntary civil confinement is com12 mitted. 

13 (2) The term ‘‘facility involved’’ means, when 

14 used with respect to an institution of higher edu15 cation, a facility at which a course of study of the 

16 institution is offered to incarcerated individuals. 

17 (3) The term ‘‘incarcerated individual’’ means 

18 an individual who is incarcerated in a facility or who 

19 is subject to an involuntary civil commitment. 

20 (4) The term ‘‘non-incarcerated student’’ means 

21 a student at an institution of higher education who 

22 is not an incarcerated individual. 

23 (d) This section shall be in effect until titles I, II, 

24 III, IV and V of the HEA are reauthorized. 


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1 SEC. 316. None of the funds appropriated by this 

2 title for the Department of Education shall be withheld 

3 from an institution of higher education solely because that 

4 institution is conducting or preparing to conduct research 

5 on marihuana as defined in 21 U.S.C. 802(16). 

6 SEC. 317. The Secretary shall require any informa7 tion required to be publicly disclosed for the purpose of 

8 comparing institutions of higher education, programs and 

9 credentials (including their competencies), to be published 

10 using an open source description schema that is designed 

11 to allow for public search and comparison through linked 

12 open data, such as the credential transparency description 

13 language specifications or a substantially similar ap14 proach. 

15 This title may be cited as the ‘‘Department of Edu16 cation Appropriations Act, 2021’’. 

17 TITLE IV 

18 RELATED AGENCIES 

19 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

20 BLIND OR SEVERELY DISABLED

21 SALARIES AND EXPENSES

22 For expenses necessary for the Committee for Pur23 chase From People Who Are Blind or Severely Disabled 

24 (referred to in this title as ‘‘the Committee’’) established 

25 under section 8502 of title 41, United States Code, 


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1 $10,000,000: Provided, That in order to authorize any 

2 central nonprofit agency designated pursuant to section 

3 8503(c) of title 41, United States Code, to perform re4 quirements of the Committee as prescribed under section 

5 51–3.2 of title 41, Code of Federal Regulations, the Com6 mittee shall enter into a written agreement with any such 

7 central nonprofit agency: Provided further, That such 

8 agreement shall contain such auditing, oversight, and re9 porting provisions as necessary to implement chapter 85 

10 of title 41, United States Code: Provided further, That 

11 such agreement shall include the elements listed under the 

12 heading ‘‘Committee For Purchase From People Who Are 

13 Blind or Severely Disabled—Written Agreement Ele14 ments’’ in the explanatory statement described in section 

15 4 of Public Law 114–113 (in the matter preceding division 

16 A of that consolidated Act): Provided further, That any 

17 such central nonprofit agency may not charge a fee under 

18 section 51–3.5 of title 41, Code of Federal Regulations, 

19 prior to executing a written agreement with the Com20 mittee: Provided further, That no less than $1,650,000 

21 shall be available for the Office of Inspector General. 

22 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

23 OPERATING EXPENSES

24 For necessary expenses for the Corporation for Na25 tional and Community Service (referred to in this title as 


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1 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

2 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

3 National and Community Service Act of 1990 (referred 

4 to in this title as ‘‘1990 Act’’), $848,529,000, notwith5 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

6 501(a)(4)(F) of the 1990 Act: Provided, That of the 

7 amounts provided under this heading: (1) up to 1 percent 

8 of program grant funds may be used to defray the costs 

9 of conducting grant application reviews, including the use 

10 of outside peer reviewers and electronic management of 

11 the grants cycle; (2) $19,538,000 shall be available to pro12 vide assistance to State commissions on national and com13 munity service, under section 126(a) of the 1990 Act and 

14 notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) 

15 $34,500,000 shall be available to carry out subtitle E of 

16 the 1990 Act; and (4) $6,400,000 shall be available for 

17 expenses authorized under section 501(a)(4)(F) of the 

18 1990 Act, which, notwithstanding the provisions of section 

19 198P shall be awarded by CNCS on a competitive basis: 

20 Provided further, That for the purposes of carrying out 

21 the 1990 Act, satisfying the requirements in section 

22 122(c)(1)(D) may include a determination of need by the 

23 local community. 


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1 PAYMENT TO THE NATIONAL SERVICE TRUST

2 (INCLUDING TRANSFER OF FUNDS)

3 For payment to the National Service Trust estab4 lished under subtitle D of title I of the 1990 Act, 

5 $212,342,000, to remain available until expended: Pro6 vided, That CNCS may transfer additional funds from the 

7 amount provided within ‘‘Operating Expenses’’ allocated 

8 to grants under subtitle C of title I of the 1990 Act to 

9 the National Service Trust upon determination that such 

10 transfer is necessary to support the activities of national 

11 service participants and after notice is transmitted to the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate: Provided further, That amounts ap14 propriated for or transferred to the National Service Trust 

15 may be invested under section 145(b) of the 1990 Act 

16 without regard to the requirement to apportion funds 

17 under 31 U.S.C. 1513(b). 

18 SALARIES AND EXPENSES

19 For necessary expenses of administration as provided 

20 under section 501(a)(5) of the 1990 Act and under section 

21 504(a) of the 1973 Act, including payment of salaries, au22 thorized travel, hire of passenger motor vehicles, the rental 

23 of conference rooms in the District of Columbia, the em24 ployment of experts and consultants authorized under 5 


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1 U.S.C. 3109, and not to exceed $2,500 for official recep2 tion and representation expenses, $86,737,000. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the Inspector General Act of 1978, 

6 $6,750,000. 

7 ADMINISTRATIVE PROVISIONS

8 SEC. 401. CNCS shall make any significant changes 

9 to program requirements, service delivery or policy only 

10 through public notice and comment rulemaking. For fiscal 

11 year 2021, during any grant selection process, an officer 

12 or employee of CNCS shall not knowingly disclose any cov13 ered grant selection information regarding such selection, 

14 directly or indirectly, to any person other than an officer 

15 or employee of CNCS that is authorized by CNCS to re16 ceive such information. 

17 SEC. 402. AmeriCorps programs receiving grants 

18 under the National Service Trust program shall meet an 

19 overall minimum share requirement of 24 percent for the 

20 first 3 years that they receive AmeriCorps funding, and 

21 thereafter shall meet the overall minimum share require22 ment as provided in section 2521.60 of title 45, Code of 

23 Federal Regulations, without regard to the operating costs 

24 match requirement in section 121(e) or the member sup25 port Federal share limitations in section 140 of the 1990 


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1 Act, and subject to partial waiver consistent with section 

2 2521.70 of title 45, Code of Federal Regulations. 

3 SEC. 403. Donations made to CNCS under section 

4 196 of the 1990 Act for the purposes of financing pro5 grams and operations under titles I and II of the 1973 

6 Act or subtitle B, C, D, or E of title I of the 1990 Act 

7 shall be used to supplement and not supplant current pro8 grams and operations. 

9 SEC. 404. In addition to the requirements in section 

10 146(a) of the 1990 Act, use of an educational award for 

11 the purpose described in section 148(a)(4) shall be limited 

12 to individuals who are veterans as defined under section 

13 101 of the Act. 

14 SEC. 405. For the purpose of carrying out section 

15 189D of the 1990 Act— 

16 (1) entities described in paragraph (a) of such 

17 section shall be considered ‘‘qualified entities’’ under 

18 section 3 of the National Child Protection Act of 

19 1993 (‘‘NCPA’’); 

20 (2) individuals described in such section shall 

21 be considered ‘‘volunteers’’ under section 3 of 

22 NCPA; and 

23 (3) State Commissions on National and Com24 munity Service established pursuant to section 178 

25 of the 1990 Act, are authorized to receive criminal 


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1 history record information, consistent with Public 

2 Law 92–544. 

3 SEC. 406. Notwithstanding sections 139(b), 146 and 

4 147 of the 1990 Act, an individual who successfully com5 pletes a term of service of not less than 1,200 hours dur6 ing a period of not more than one year may receive a na7 tional service education award having a value of 70 per8 cent of the value of a national service education award 

9 determined under section 147(a) of the Act. 

10 CORPORATION FOR PUBLIC BROADCASTING

11 For payment to the Corporation for Public Broad12 casting (‘‘CPB’’), as authorized by the Communications 

13 Act of 1934, an amount which shall be available within 

14 limitations specified by that Act, for the fiscal year 2023, 

15 $515,000,000: Provided, That none of the funds made 

16 available to CPB by this Act shall be used to pay for re17 ceptions, parties, or similar forms of entertainment for 

18 Government officials or employees: Provided further, That 

19 none of the funds made available to CPB by this Act shall 

20 be available or used to aid or support any program or ac21 tivity from which any person is excluded, or is denied ben22 efits, or is discriminated against, on the basis of race, 

23 color, national origin, religion, or sex: Provided further, 

24 That none of the funds made available to CPB by this 

25 Act shall be used to apply any political test or qualification 


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1 in selecting, appointing, promoting, or taking any other 

2 personnel action with respect to officers, agents, and em3 ployees of CPB. 

4 In addition, for the costs associated with replacing 

5 and upgrading the public broadcasting interconnection 

6 system and other technologies and services that create in7 frastructure and efficiencies within the public media sys8 tem, $20,000,000. 

9 FEDERAL MEDIATION AND CONCILIATION SERVICE

10 SALARIES AND EXPENSES

11 For expenses necessary for the Federal Mediation 

12 and Conciliation Service (‘‘Service’’) to carry out the func13 tions vested in it by the Labor-Management Relations Act, 

14 1947, including hire of passenger motor vehicles; for ex15 penses necessary for the Labor-Management Cooperation 

16 Act of 1978; and for expenses necessary for the Service 

17 to carry out the functions vested in it by the Civil Service 

18 Reform Act, $48,600,000, including up to $900,000 to re19 main available through September 30, 2022, for activities 

20 authorized by the Labor-Management Cooperation Act of 

21 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

22 fees charged, up to full-cost recovery, for special training 

23 activities and other conflict resolution services and tech24 nical assistance, including those provided to foreign gov25 ernments and international organizations, and for arbitraVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 tion services shall be credited to and merged with this ac2 count, and shall remain available until expended: Provided 

3 further, That fees for arbitration services shall be available 

4 only for education, training, and professional development 

5 of the agency workforce: Provided further, That the Direc6 tor of the Service is authorized to accept and use on behalf 

7 of the United States gifts of services and real, personal, 

8 or other property in the aid of any projects or functions 

9 within the Director’s jurisdiction. 

10 FEDERAL MINE SAFETY AND HEALTH REVIEW

11 COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary for the Federal Mine Safety 

14 and Health Review Commission, $17,184,000. 

15 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

16 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

17 AND ADMINISTRATION

18 For carrying out the Museum and Library Services 

19 Act of 1996 and the National Museum of African Amer20 ican History and Culture Act, $257,000,000. 

21 MEDICAID AND CHIP PAYMENT AND ACCESS

22 COMMISSION

23 SALARIES AND EXPENSES

24 For expenses necessary to carry out section 1900 of 

25 the Social Security Act, $8,780,000. 


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1 MEDICARE PAYMENT ADVISORY COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out section 1805 of 

4 the Social Security Act, $12,905,000, to be transferred to 

5 this appropriation from the Federal Hospital Insurance 

6 Trust Fund and the Federal Supplementary Medical In7 surance Trust Fund. 

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on 

11 Disability as authorized by title IV of the Rehabilitation 

12 Act of 1973, $3,350,000. 

13 NATIONAL LABOR RELATIONS BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the National Labor Rela16 tions Board to carry out the functions vested in it by the 

17 Labor-Management Relations Act, 1947, and other laws, 

18 $277,824,000 of which $1,000,000 shall be used to de19 velop a system and procedures to conduct union represen20 tation elections electronically: Provided, That the National 

21 Labor Relations Board shall use funds provided under this 

22 heading to expand the number of regional full-time equiva23 lent staff above the amount on-board at the end of the 

24 fourth quarter of fiscal year 2019: Provided further, That 

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1 viso shall be available to conduct union representation 

2 elections electronically no later than 30 days after the date 

3 of enactment of this Act. 

4 ADMINISTRATIVE PROVISIONS

5 SEC. 407. None of the funds made available by this 

6 Act may be used to implement , enforce, or take any action 

7 in furtherance of the final rule on ‘‘The Standard for De8 termining Joint-Employer Status’’ published by the Na9 tional Labor Relations Board in the Federal Register on 

10 February 26, 2020 (85 Fed. Reg. 11184 et seq.). 

11 SEC. 408. None of the funds made available by this 

12 Act may be used to implement, enforce, or take any ac13 tions in furtherance of, the final rule on ‘‘Representation14 Case Procedures’’ published by the National Labor Rela15 tions Board in the Federal Register on December 18, 

16 2019 (84 Fed. Reg. 69524 et seq.). 

17 SEC. 409. (a) None of the funds made available by 

18 this Act may be used to restructure or realign the National 

19 Labor Relations Board until 240 days after the National 

20 Labor Relations Board submits to the Committees on Ap21 propriations of the House of Representatives and the Sen22 ate (in this section referred to as the ‘‘Committees on Ap23 propriations’’) and to the Comptroller General of the 

24 United States, the proposed restructuring or realignment 

25 plan of the National Labor Relations Board. 


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1 (b) Not later than 180 days after the National Labor 

2 Relations Board submits to the Committees on Appropria3 tions the plan described in subsection (a), the Comptroller 

4 General shall submit to the Committees on Appropriations 

5 a report assessing such plan. 

6 NATIONAL MEDIATION BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary to carry out the provisions 

9 of the Railway Labor Act, including emergency boards ap10 pointed by the President, $14,300,000. 

11 OCCUPATIONAL SAFETY AND HEALTH REVIEW

12 COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary for the Occupational Safety 

15 and Health Review Commission, $13,225,000. 

16 RAILROAD RETIREMENT BOARD

17 DUAL BENEFITS PAYMENTS ACCOUNT

18 For payment to the Dual Benefits Payments Ac19 count, authorized under section 15(d) of the Railroad Re20 tirement Act of 1974, $13,000,000, which shall include 

21 amounts becoming available in fiscal year 2021 pursuant 

22 to section 224(c)(1)(B) of Public Law 98–76; and in addi23 tion, an amount, not to exceed 2 percent of the amount 

24 provided herein, shall be available proportional to the 

25 amount by which the product of recipients and the average 


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1 benefit received exceeds the amount available for payment 

2 of vested dual benefits: Provided, That the total amount 

3 provided herein shall be credited in 12 approximately 

4 equal amounts on the first day of each month in the fiscal 

5 year. 

6 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

7 ACCOUNTS

8 For payment to the accounts established in the 

9 Treasury for the payment of benefits under the Railroad 

10 Retirement Act for interest earned on unnegotiated 

11 checks, $150,000, to remain available through September 

12 30, 2022, which shall be the maximum amount available 

13 for payment pursuant to section 417 of Public Law 98– 

14 76. 

15 LIMITATION ON ADMINISTRATION

16 For necessary expenses for the Railroad Retirement 

17 Board (‘‘Board’’) for administration of the Railroad Re18 tirement Act and the Railroad Unemployment Insurance 

19 Act, $126,500,000, to be derived in such amounts as de20 termined by the Board from the railroad retirement ac21 counts and from moneys credited to the railroad unem22 ployment insurance administration fund: Provided, That 

23 notwithstanding section 7(b)(9) of the Railroad Retire24 ment Act this limitation may be used to hire attorneys 

25 only through the excepted service: Provided further, That 


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1 the previous proviso shall not change the status under 

2 Federal employment laws of any attorney hired by the 

3 Railroad Retirement Board prior to January 1, 2013: Pro4 vided further, That notwithstanding section 7(b)(9) of the 

5 Railroad Retirement Act, this limitation may be used to 

6 hire students attending qualifying educational institutions 

7 or individuals who have recently completed qualifying edu8 cational programs using current excepted hiring authori9 ties established by the Office of Personnel Management: 

10 Provided further, That $10,000,000, to remain available 

11 until expended, shall be used to supplement, not supplant, 

12 existing resources devoted to operations and improvements 

13 for the Board’s Information Technology Investment Initia14 tives. 

15 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

16 For expenses necessary for the Office of Inspector 

17 General for audit, investigatory and review activities, as 

18 authorized by the Inspector General Act of 1978, not more 

19 than $11,000,000, to be derived from the railroad retire20 ment accounts and railroad unemployment insurance ac21 count. 

22 SOCIAL SECURITY ADMINISTRATION

23 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

24 For payment to the Federal Old-Age and Survivors 

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1 ance Trust Fund, as provided under sections 201(m) and 

2 1131(b)(2) of the Social Security Act, $11,000,000. 

3 SUPPLEMENTAL SECURITY INCOME PROGRAM

4 For carrying out titles XI and XVI of the Social Se5 curity Act, section 401 of Public Law 92–603, section 212 

6 of Public Law 93–66, as amended, and section 405 of 

7 Public Law 95–216, including payment to the Social Secu8 rity trust funds for administrative expenses incurred pur9 suant to section 201(g)(1) of the Social Security Act, 

10 $40,172,492,000, to remain available until expended: Pro11 vided, That any portion of the funds provided to a State 

12 in the current fiscal year and not obligated by the State 

13 during that year shall be returned to the Treasury: Pro14 vided further, That not more than $86,000,000 shall be 

15 available for research and demonstrations under sections 

16 1110, 1115, and 1144 of the Social Security Act, and re17 main available through September 30, 2023. 

18 For making, after June 15 of the current fiscal year, 

19 benefit payments to individuals under title XVI of the So20 cial Security Act, for unanticipated costs incurred for the 

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

22 For making benefit payments under title XVI of the 

23 Social Security Act for the first quarter of fiscal year 

24 2022, $19,600,000,000, to remain available until ex25 pended. 


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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 For necessary expenses, including the hire of two pas3 senger motor vehicles, and not to exceed $20,000 for offi4 cial reception and representation expenses, not more than 

5 $12,834,945,000 may be expended, as authorized by sec6 tion 201(g)(1) of the Social Security Act, from any one 

7 or all of the trust funds referred to in such section: Pro8 vided, That not less than $2,500,000 shall be for the So9 cial Security Advisory Board: Provided further, That 

10 $45,000,000 shall remain available until expended for in11 formation technology modernization, including related 

12 hardware and software infrastructure and equipment, and 

13 for administrative expenses directly associated with infor14 mation technology modernization: Provided further, That 

15 of the amount made available in the preceding proviso, 

16 $4,000,000 shall be transferred to the ‘‘Office of Inspector 

17 General’’, Social Security Administration, for information 

18 technology modernization, including related hardware and 

19 software infrastructure and equipment, and for adminis20 trative expenses directly associated with information tech21 nology modernization: Provided further, That such trans22 fer authority is in addition to any other transfer authority 

23 provided by law: Provided further, That $50,000,000 shall 

24 remain available through September 30, 2022, for activi25 ties to address the disability hearings backlog within the 


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1 Office of Hearings Operations: Provided further, That un2 obligated balances of funds provided under this paragraph 

3 at the end of fiscal year 2021 not needed for fiscal year 

4 2021 shall remain available until expended to invest in the 

5 Social Security Administration information technology 

6 and telecommunications hardware and software infra7 structure, including related equipment and non-payroll ad8 ministrative expenses associated solely with this informa9 tion technology and telecommunications infrastructure: 

10 Provided further, That the Commissioner of Social Secu11 rity shall notify the Committees on Appropriations of the 

12 House of Representatives and the Senate prior to making 

13 unobligated balances available under the authority in the 

14 previous proviso: Provided further, That reimbursement to 

15 the trust funds under this heading for expenditures for 

16 official time for employees of the Social Security Adminis17 tration pursuant to 5 U.S.C. 7131, and for facilities or 

18 support services for labor organizations pursuant to poli19 cies, regulations, or procedures referred to in section 

20 7135(b) of such title shall be made by the Secretary of 

21 the Treasury, with interest, from amounts in the general 

22 fund not otherwise appropriated, as soon as possible after 

23 such expenditures are made. 

24 Of the total amount made available in the first para25 graph under this heading, not more than $1,575,000,000, 


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1 to remain available through March 31, 2022, is for the 

2 costs associated with continuing disability reviews under 

3 titles II and XVI of the Social Security Act, including 

4 work-related continuing disability reviews to determine 

5 whether earnings derived from services demonstrate an in6 dividual’s ability to engage in substantial gainful activity, 

7 for the cost associated with conducting redeterminations 

8 of eligibility under title XVI of the Social Security Act, 

9 for the cost of co-operative disability investigation units, 

10 and for the cost associated with the prosecution of fraud 

11 in the programs and operations of the Social Security Ad12 ministration by Special Assistant United States Attorneys: 

13 Provided, That, of such amount, $273,000,000 is provided 

14 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 

15 Balanced Budget and Emergency Deficit Control Act of 

16 1985, as amended, and $1,302,000,000 is additional new 

17 budget authority specified for purposes of section 

18 251(b)(2)(B) of such Act: Provided further, That, of the 

19 additional new budget authority described in the preceding 

20 proviso, up to $11,200,000 may be transferred to the ‘‘Of21 fice of Inspector General’’, Social Security Administration, 

22 for the cost of jointly operated co-operative disability in23 vestigation units: Provided further, That such transfer au24 thority is in addition to any other transfer authority pro25 vided by law: Provided further, That the Commissioner 


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1 shall provide to the Congress (at the conclusion of the fis2 cal year) a report on the obligation and expenditure of 

3 these funds, similar to the reports that were required by 

4 section 103(d)(2) of Public Law 104–121 for fiscal years 

5 1996 through 2002. 

6 In addition, $135,000,000 to be derived from admin7 istration fees in excess of $5.00 per supplementary pay8 ment collected pursuant to section 1616(d) of the Social 

9 Security Act or section 212(b)(3) of Public Law 93–66, 

10 which shall remain available until expended: Provided, 

11 That to the extent that the amounts collected pursuant 

12 to such sections in fiscal year 2021 exceed $135,000,000, 

13 the amounts shall be available in fiscal year 2022 only 

14 to the extent provided in advance in appropriations Acts. 

15 In addition, up to $1,000,000 to be derived from fees 

16 collected pursuant to section 303(c) of the Social Security 

17 Protection Act, which shall remain available until ex18 pended. 

19 OFFICE OF INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses necessary for the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, $30,000,000, together with not to 

24 exceed $75,500,000, to be transferred and expended as 

25 authorized by section 201(g)(1) of the Social Security Act 


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1 from the Federal Old-Age and Survivors Insurance Trust 

2 Fund and the Federal Disability Insurance Trust Fund. 

3 In addition, an amount not to exceed 3 percent of 

4 the total provided in this appropriation may be transferred 

5 from the ‘‘Limitation on Administrative Expenses’’, Social 

6 Security Administration, to be merged with this account, 

7 to be available for the time and purposes for which this 

8 account is available: Provided, That notice of such trans9 fers shall be transmitted promptly to the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate at least 15 days in advance of any transfer. 

12 TITLE V 

13 GENERAL PROVISIONS 

14 (TRANSFER OF FUNDS)

15 SEC. 501. The Secretaries of Labor, Health and 

16 Human Services, and Education are authorized to transfer 

17 unexpended balances of prior appropriations to accounts 

18 corresponding to current appropriations provided in this 

19 Act. Such transferred balances shall be used for the same 

20 purpose, and for the same periods of time, for which they 

21 were originally appropriated. 

22 SEC. 502. No part of any appropriation contained in 

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 


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1 SEC. 503. (a) No part of any appropriation contained 

2 in this Act or transferred pursuant to section 4002 of 

3 Public Law 111–148 shall be used, other than for normal 

4 and recognized executive-legislative relationships, for pub5 licity or propaganda purposes, for the preparation, dis6 tribution, or use of any kit, pamphlet, booklet, publication, 

7 electronic communication, radio, television, or video pres8 entation designed to support or defeat the enactment of 

9 legislation before the Congress or any State or local legis10 lature or legislative body, except in presentation to the 

11 Congress or any State or local legislature itself, or de12 signed to support or defeat any proposed or pending regu13 lation, administrative action, or order issued by the execu14 tive branch of any State or local government, except in 

15 presentation to the executive branch of any State or local 

16 government itself. 

17 (b) No part of any appropriation contained in this 

18 Act or transferred pursuant to section 4002 of Public Law 

19 111–148 shall be used to pay the salary or expenses of 

20 any grant or contract recipient, or agent acting for such 

21 recipient, related to any activity designed to influence the 

22 enactment of legislation, appropriations, regulation, ad23 ministrative action, or Executive order proposed or pend24 ing before the Congress or any State government, State 

25 legislature or local legislature or legislative body, other 


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1 than for normal and recognized executive-legislative rela2 tionships or participation by an agency or officer of a 

3 State, local or tribal government in policymaking and ad4 ministrative processes within the executive branch of that 

5 government. 

6 (c) The prohibitions in subsections (a) and (b) shall 

7 include any activity to advocate or promote any proposed, 

8 pending or future Federal, State or local tax increase, or 

9 any proposed, pending, or future requirement or restric10 tion on any legal consumer product, including its sale or 

11 marketing, including but not limited to the advocacy or 

12 promotion of gun control. 

13 SEC. 504. The Secretaries of Labor and Education 

14 are authorized to make available not to exceed $28,000 

15 and $20,000, respectively, from funds available for sala16 ries and expenses under titles I and III, respectively, for 

17 official reception and representation expenses; the Direc18 tor of the Federal Mediation and Conciliation Service is 

19 authorized to make available for official reception and rep20 resentation expenses not to exceed $5,000 from the funds 

21 available for ‘‘Federal Mediation and Conciliation Service, 

22 Salaries and Expenses’’; and the Chairman of the Na23 tional Mediation Board is authorized to make available for 

24 official reception and representation expenses not to exVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 ceed $5,000 from funds available for ‘‘National Mediation 

2 Board, Salaries and Expenses’’. 

3 SEC. 505. When issuing statements, press releases, 

4 requests for proposals, bid solicitations and other docu5 ments describing projects or programs funded in whole or 

6 in part with Federal money, all grantees receiving Federal 

7 funds included in this Act, including but not limited to 

8 State and local governments and recipients of Federal re9 search grants, shall clearly state— 

10 (1) the percentage of the total costs of the pro11 gram or project which will be financed with Federal 

12 money; 

13 (2) the dollar amount of Federal funds for the 

14 project or program; and 

15 (3) percentage and dollar amount of the total 

16 costs of the project or program that will be financed 

17 by non-governmental sources. 

18 SEC. 506. (a) None of the funds appropriated in this 

19 Act, and none of the funds in any trust fund to which 

20 funds are appropriated in this Act, shall be expended for 

21 any abortion. 

22 (b) None of the funds appropriated in this Act, and 

23 none of the funds in any trust fund to which funds are 

24 appropriated in this Act, shall be expended for health ben25 efits coverage that includes coverage of abortion. 


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1 (c) The term ‘‘health benefits coverage’’ means the 

2 package of services covered by a managed care provider 

3 or organization pursuant to a contract or other arrange4 ment. 

5 SEC. 507. (a) The limitations established in the pre6 ceding section shall not apply to an abortion— 

7 (1) if the pregnancy is the result of an act of 

8 rape or incest; or 

9 (2) in the case where a woman suffers from a 

10 physical disorder, physical injury, or physical illness, 

11 including a life-endangering physical condition 

12 caused by or arising from the pregnancy itself, that 

13 would, as certified by a physician, place the woman 

14 in danger of death unless an abortion is performed. 

15 (b) Nothing in the preceding section shall be con16 strued as prohibiting the expenditure by a State, locality, 

17 entity, or private person of State, local, or private funds 

18 (other than a State’s or locality’s contribution of Medicaid 

19 matching funds). 

20 (c) Nothing in the preceding section shall be con21 strued as restricting the ability of any managed care pro22 vider from offering abortion coverage or the ability of a 

23 State or locality to contract separately with such a pro24 vider for such coverage with State funds (other than a 


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1 State’s or locality’s contribution of Medicaid matching 

2 funds). 

3 (d)(1) None of the funds made available in this Act 

4 may be made available to a Federal agency or program, 

5 or to a State or local government, if such agency, program, 

6 or government subjects any institutional or individual 

7 health care entity to discrimination on the basis that the 

8 health care entity does not provide, pay for, provide cov9 erage of, or refer for abortions. 

10 (2) In this subsection, the term ‘‘health care entity’’ 

11 includes an individual physician or other health care pro12 fessional, a hospital, a provider-sponsored organization, a 

13 health maintenance organization, a health insurance plan, 

14 or any other kind of health care facility, organization, or 

15 plan. 

16 SEC. 508. (a) None of the funds made available in 

17 this Act may be used for— 

18 (1) the creation of a human embryo or embryos 

19 for research purposes; or 

20 (2) research in which a human embryo or em21 bryos are destroyed, discarded, or knowingly sub22 jected to risk of injury or death greater than that 

23 allowed for research on fetuses in utero under 45 

24 CFR 46.204(b) and section 498(b) of the Public 

25 Health Service Act (42 U.S.C. 289g(b)). 


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1 (b) For purposes of this section, the term ‘‘human 

2 embryo or embryos’’ includes any organism, not protected 

3 as a human subject under 45 CFR 46 as of the date of 

4 the enactment of this Act, that is derived by fertilization, 

5 parthenogenesis, cloning, or any other means from one or 

6 more human gametes or human diploid cells. 

7 SEC. 509. (a) None of the funds made available in 

8 this Act may be used for any activity that promotes the 

9 legalization of any drug or other substance included in 

10 schedule I of the schedules of controlled substances estab11 lished under section 202 of the Controlled Substances Act 

12 except for normal and recognized executive-congressional 

13 communications. 

14 (b) The limitation in subsection (a) shall not apply 

15 when there is significant medical evidence of a therapeutic 

16 advantage to the use of such drug or other substance or 

17 that federally sponsored clinical trials are being conducted 

18 to determine therapeutic advantage. 

19 SEC. 510. None of the funds made available in this 

20 Act may be used to promulgate or adopt any final stand21 ard under section 1173(b) of the Social Security Act pro22 viding for, or providing for the assignment of, a unique 

23 health identifier for an individual (except in an individ24 ual’s capacity as an employer or a health care provider), 


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1 until legislation is enacted specifically approving the 

2 standard. 

3 SEC. 511. None of the funds made available in this 

4 Act may be obligated or expended to enter into or renew 

5 a contract with an entity if— 

6 (1) such entity is otherwise a contractor with 

7 the United States and is subject to the requirement 

8 in 38 U.S.C. 4212(d) regarding submission of an 

9 annual report to the Secretary of Labor concerning 

10 employment of certain veterans; and 

11 (2) such entity has not submitted a report as 

12 required by that section for the most recent year for 

13 which such requirement was applicable to such enti14 ty. 

15 SEC. 512. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except 

18 pursuant to a transfer made by, or transfer authority pro19 vided in, this Act or any other appropriation Act. 

20 SEC. 513. None of the funds made available by this 

21 Act to carry out the Library Services and Technology Act 

22 may be made available to any library covered by para23 graph (1) of section 224(f) of such Act, as amended by 

24 the Children’s Internet Protection Act, unless such library 


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1 has made the certifications required by paragraph (4) of 

2 such section. 

3 SEC. 514. (a) None of the funds provided under this 

4 Act, or provided under previous appropriations Acts to the 

5 agencies funded by this Act that remain available for obli6 gation or expenditure in fiscal year 2021, or provided from 

7 any accounts in the Treasury of the United States derived 

8 by the collection of fees available to the agencies funded 

9 by this Act, shall be available for obligation or expenditure 

10 through a reprogramming of funds that— 

11 (1) creates new programs; 

12 (2) eliminates a program, project, or activity; 

13 (3) increases funds or personnel by any means 

14 for any project or activity for which funds have been 

15 denied or restricted; or 

16 (4) contracts out or privatizes any functions or 

17 activities presently performed by Federal employees; 

18 unless the Committees on Appropriations of the House of 

19 Representatives and the Senate are consulted 15 days in 

20 advance of such reprogramming or of an announcement 

21 of intent relating to such reprogramming, whichever oc22 curs earlier, and are notified in writing 10 days in advance 

23 of such reprogramming. 

24 (b) None of the funds provided under this Act, or 

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1 cies funded by this Act that remain available for obligation 

2 or expenditure in fiscal year 2021, or provided from any 

3 accounts in the Treasury of the United States derived by 

4 the collection of fees available to the agencies funded by 

5 this Act, shall be available for obligation or expenditure 

6 through a reprogramming of funds in excess of $500,000 

7 or 10 percent, whichever is less, that— 

8 (1) augments existing programs, projects (in9 cluding construction projects), or activities; 

10 (2) reduces by 10 percent funding for any exist11 ing program, project, or activity, or numbers of per12 sonnel by 10 percent as approved by Congress; or 

13 (3) results from any general savings from a re14 duction in personnel which would result in a change 

15 in existing programs, activities, or projects as ap16 proved by Congress; 

17 unless the Committees on Appropriations of the House of 

18 Representatives and the Senate are consulted 15 days in 

19 advance of such reprogramming or of an announcement 

20 of intent relating to such reprogramming, whichever oc21 curs earlier, and are notified in writing 10 days in advance 

22 of such reprogramming. 

23 (c) None of the funds provided under this Act, or pro24 vided under previous appropriations Acts to the agencies 

25 funded by this Act that remain available for obligation or 


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1 expenditure in the current year fiscal year, or provided 

2 from any accounts in the Treasury of the United States 

3 derived by the collection of fees available to the agencies 

4 funded by this Act, shall be available for obligation or ex5 penditure that— 

6 (1) relocates an office or employees; 

7 (2) reorganizes or renames offices; or 

8 (3) reorganizes programs or activities; 

9 unless the relocation, renaming, or reorganization was in10 cluded in the President’s fiscal year 2021 budget proposal, 

11 including the accompanying justification documents sub12 mitted to the Committees on Appropriations of the House 

13 of Representatives and the Senate, and such committees 

14 are consulted at least 15 days in advance of such reloca15 tion, renaming, or reorganization. 

16 SEC. 515. (a) None of the funds made available in 

17 this Act may be used to request that a candidate for ap18 pointment to a Federal scientific advisory committee dis19 close the political affiliation or voting history of the can20 didate or the position that the candidate holds with re21 spect to political issues not directly related to and nec22 essary for the work of the committee involved. 

23 (b) None of the funds made available in this Act may 

24 be used to disseminate information that is deliberately 

25 false or misleading. 


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1 SEC. 516. Within 45 days of enactment of this Act, 

2 each department and related agency funded through this 

3 Act shall submit an operating plan that details at the pro4 gram, project, and activity level any funding allocations 

5 for fiscal year 2021 that are different than those specified 

6 in this Act, the detailed table in the committee report ac7 companying this Act, or the fiscal year 2021 budget re8 quest. 

9 SEC. 517. The Secretaries of Labor, Health and 

10 Human Services, and Education shall each prepare and 

11 submit to the Committees on Appropriations of the House 

12 of Representatives and the Senate a report on the number 

13 and amount of contracts, grants, and cooperative agree14 ments exceeding $500,000, individually or in total for a 

15 particular project, activity, or programmatic initiative, in 

16 value and awarded by the Department on a non-competi17 tive basis during each quarter of fiscal year 2021, but not 

18 to include grants awarded on a formula basis or directed 

19 by law. Such report shall include the name of the con20 tractor or grantee, the amount of funding, the govern21 mental purpose, including a justification for issuing the 

22 award on a non-competitive basis. Such report shall be 

23 transmitted to the Committees within 30 days after the 

24 end of the quarter for which the report is submitted. 


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1 SEC. 518. None of the funds appropriated in this Act 

2 shall be expended or obligated by the Commissioner of So3 cial Security, for purposes of administering Social Security 

4 benefit payments under title II of the Social Security Act, 

5 to process any claim for credit for a quarter of coverage 

6 based on work performed under a social security account 

7 number that is not the claimant’s number and the per8 formance of such work under such number has formed the 

9 basis for a conviction of the claimant of a violation of sec10 tion 208(a)(6) or (7) of the Social Security Act. 

11 SEC. 519. None of the funds appropriated by this Act 

12 may be used by the Commissioner of Social Security or 

13 the Social Security Administration to pay the compensa14 tion of employees of the Social Security Administration 

15 to administer Social Security benefit payments, under any 

16 agreement between the United States and Mexico estab17 lishing totalization arrangements between the social secu18 rity system established by title II of the Social Security 

19 Act and the social security system of Mexico, which would 

20 not otherwise be payable but for such agreement. 

21 SEC. 520. (a) None of the funds made available in 

22 this Act may be used to maintain or establish a computer 

23 network unless such network blocks the viewing, 

24 downloading, and exchanging of pornography. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 521. For purposes of carrying out Executive 

6 Order 13589, Office of Management and Budget Memo7 randum M–12–12 dated May 11, 2012, and requirements 

8 contained in the annual appropriations bills relating to 

9 conference attendance and expenditures: 

10 (1) the operating divisions of HHS shall be con11 sidered independent agencies; and 

12 (2) attendance at and support for scientific con13 ferences shall be tabulated separately from and not 

14 included in agency totals. 

15 SEC. 522. Federal agencies funded under this Act 

16 shall clearly state within the text, audio, or video used for 

17 advertising or educational purposes, including emails or 

18 Internet postings, that the communication is printed, pub19 lished, or produced and disseminated at U.S. taxpayer ex20 pense. The funds used by a Federal agency to carry out 

21 this requirement shall be derived from amounts made 

22 available to the agency for advertising or other commu23 nications regarding the programs and activities of the 

24 agency. 


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1 SEC. 523. (a) Federal agencies may use Federal dis2 cretionary funds that are made available in this Act to 

3 carry out up to 10 Performance Partnership Pilots. Such 

4 Pilots shall be governed by the provisions of section 526 

5 of division H of Public Law 113–76, except that in car6 rying out such Pilots section 526 shall be applied by sub7 stituting ‘‘FISCAL YEAR 2021’’ for ‘‘FISCAL YEAR 2014’’ 

8 in the title of subsection (b) and by substituting ‘‘Sep9 tember 30, 2025’’ for ‘‘September 30, 2018’’ each place 

10 it appears: Provided, That such pilots shall include com11 munities that have experienced civil unrest. 

12 (b) In addition, Federal agencies may use Federal 

13 discretionary funds that are made available in this Act to 

14 participate in Performance Partnership Pilots that are 

15 being carried out pursuant to the authority provided by 

16 section 526 of division H of Public Law 113–76, section 

17 524 of division G of Public Law 113–235, section 525 of 

18 division H of Public Law 114–113, section 525 of division 

19 H of Public Law 115–31, section 525 of division H of 

20 Public Law 115–141, and section 524 of division A of 

21 Public Law 116–94. 

22 (c) Pilot sites selected under authorities in this Act 

23 and prior appropriations Acts may be granted by relevant 

24 agencies up to an additional 5 years to operate under such 

25 authorities. 


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1 SEC. 524. Not later than 30 days after the end of 

2 each calendar quarter, beginning with the first month of 

3 fiscal year 2021, the Departments of Labor, Health and 

4 Human Services and Education and the Social Security 

5 Administration shall provide the Committees on Appro6 priations of the House of Representatives and Senate a 

7 report on the status of balances of appropriations: Pro8 vided, That for balances that are unobligated and uncom9 mitted, committed, and obligated but unexpended, the 

10 monthly reports shall separately identify the amounts at11 tributable to each source year of appropriation (beginning 

12 with fiscal year 2012, or, to the extent feasible, earlier 

13 fiscal years) from which balances were derived. 

14 SEC. 525. The Departments of Labor, Health and 

15 Human Services, or Education shall provide to the Com16 mittees on Appropriations of the House of Representatives 

17 and the Senate a comprehensive list of any new or com18 petitive grant award notifications, including supplements, 

19 issued at the discretion of such Departments not less than 

20 3 full business days before any entity selected to receive 

21 a grant award is announced by the Department or its of22 fices (other than emergency response grants at any time 

23 of the year or for grant awards made during the last 10 

24 business days of the fiscal year, or if applicable, of the 

25 program year). 


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1 SEC. 526. Each department and related agency fund2 ed through this Act shall provide answers to questions 

3 submitted for the record by members of the Committee 

4 within 45 business days after receipt. 

5 SEC. 527. None of the funds appropriated in this Act 

6 may be used to finalize or implement the proposed regula7 tion titled ‘‘Rules Regarding the Frequency and Notice of 

8 Continuing Disability Reviews’’ published by the Social 

9 Security Administration on November 18, 2019 (84 Fed. 

10 Reg. 63588 et seq.). 

11 SEC. 528. None of the funds appropriated in this Act 

12 may be used to finalize or implement the notice of pro13 posed rulemaking titled ‘‘Hearings Held by Administrative 

14 Appeals Judges of the Appeals Council’’ published by the 

15 Social Security Administration on December 20, 2019 (84 

16 Fed. Reg. 70080 et seq.). 

17 (RESCISSION)

18 SEC. 529. Of the unobligated balances made available 

19 by section 301(b)(3) of Public Law 114–10, 

20 $5,185,000,000 are hereby permanently rescinded. 

21 SEC. 530. Of the unobligated balances made available 

22 for purposes of carrying out section 2105(a)(3) of the So23 cial Security Act, $6,566,000,000 shall not be available 

24 for obligation in this fiscal year. 


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1 SEC. 531. (a) Any funds made available by this Act 

2 that are used to fund an apprenticeship or apprenticeship 

3 program shall only be used for, or provided to, an appren4 ticeship or apprenticeship program that meets the defini5 tion in subsection (b), including any funds awarded for 

6 the purposes of grants, contracts, or cooperative agree7 ments, or the development, implementation, or administra8 tion, of an apprenticeship or an apprenticeship program. 

9 (b) The term ‘‘apprenticeship’’ or ‘‘apprenticeship 

10 program’’ means an apprenticeship program registered 

11 under the Act of August 16, 1937 (commonly known as 

12 the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 

13 663; 29 U.S.C. 50 et seq.), including any requirement, 

14 standard, or rule promulgated under such Act, as such 

15 requirement, standard, or rule was in effect on December 

16 30, 2019. 

17 TITLE VI 

18 DEPARTMENT OF HEALTH AND HUMAN 

19 SERVICES 

20 CENTERS FOR DISEASE CONTROL AND PREVENTION

21 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

22 For an additional amount for ‘‘CDC-Wide Activities 

23 and Program Support’’, $9,000,000,000, to remain avail24 able until September 30, 2025, for public health and emer25 gency preparedness and response, domestically or interVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 nationally: Provided, That of the amount made available 

2 under this heading, $2,000,000,000 shall be for public 

3 health emergency preparedness cooperative agreements 

4 under section 319C–1 of the PHS Act: Provided further, 

5 That of the amount made available under this heading, 

6 $1,000,000,000 shall be for epidemiology and laboratory 

7 capacity cooperative agreements under section 2821 of the 

8 PHS: Provided further, That funds made available in the 

9 preceding proviso may be used for construction, alteration, 

10 or renovation of non-federally owned facilities, or the pur11 chase of equipment: Provided further, That all construc12 tion, alteration, or renovation work, carried out in whole 

13 or in part with funds appropriated under this heading in 

14 this Act, shall be subject to the requirements of section 

15 1621(b)(1)(I) of the PHS Act (42 U.S.C. 300s16 1(b)(1)(I)): Provided further, That of the amount made 

17 available under this heading for specified programs, not 

18 less than $150,000,000 shall be allocated to Tribes, Tribal 

19 organizations, urban Indian health organizations, or 

20 health service providers to Tribes: Provided further, That 

21 of the amount made available under this heading, 

22 $1,000,000,000 shall be for global disease detection and 

23 emergency response: Provided further, That of the amount 

24 made available under this heading, $4,000,000,000 shall 

25 be for a vaccination campaign, including preparedness, opVerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614

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1 erations, and distribution, and a comprehensive campaign 

2 to achieve coverage goals, and for an enhanced influenza 

3 vaccination campaign, including purchase of vaccine as 

4 necessary to increase coverage: Provided further, That the 

5 Director of the Centers for Disease Control and Preven6 tion shall provide a briefing to the Committees on Appro7 priations of the House of Representatives and the Senate 

8 at least one week prior to obligating funds made available 

9 in the preceding proviso on the CDC’s plans for vaccina10 tion campaigns in fiscal year 2021: Provided further, That 

11 of the amount made available under this heading, 

12 $400,000,000 shall be for public health data surveillance 

13 and analytics infrastructure modernization: Provided fur14 ther, That of the amount made available under this head15 ing, $200,000,000 shall be for activities to support public 

16 health workforce development, including the Epidemic In17 telligence Service fellowship program: Provided further, 

18 That of the amount made available under this heading, 

19 $400,000,000 shall be transferred to and merged with 

20 amounts in the Infectious Diseases Rapid Response Re21 serve Fund, established by section 231 of Division B of 

22 Public Law 115–245: Provided further, That such amount 

23 is designated by the Congress as being for an emergency 

24 requirement pursuant to section 251(b)(2)(A)(i) of the 


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1 Balanced Budget and Emergency Deficit Control Act of 

2 1985. 

3 NATIONAL INSTITUTES OF HEALTH

4 OFFICE OF THE DIRECTOR

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Office of the Direc7 tor’’, $5,000,000,000, to remain available until September 

8 30, 2025: Provided, That funds made available under this 

9 heading may be used to offset the costs related to reduc10 tions in laboratory productivity resulting from interrup11 tions or shutdowns of research activity in fiscal year 2020: 

12 Provided further, That funds made available under this 

13 heading may be transferred to the accounts of the Insti14 tutes and Centers of the National Institutes of Health 

15 (‘‘NIH’’): Provided further, That the transfer authority in 

16 the preceding proviso is in addition to any other transfer 

17 authority available to the NIH: Provided further, That of 

18 the amount made available under this heading, the Direc19 tor of NIH shall transfer not less than $2,500,000,000 

20 to the accounts of the Institutes and Centers of the NIH 

21 in proportion to the amounts otherwise made available to 

22 such Institutes and Centers under the heading ‘‘National 

23 Institutes of Health’’ in division A of the Further Consoli24 dated Appropriations Act, 2020 (Public Law 116–94): 

25 Provided further, That of the amount made available 


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1 under this heading, the Director of NIH shall transfer to 

2 ‘‘Buildings and Facilities’’ an amount equal to the amount 

3 made available for buildings and facilities at the NIH in 

4 section 237 of division A of such Act: Provided further, 

5 That the Director of the NIH shall provide a briefing to 

6 the Committees on Appropriations of the House of Rep7 resentatives and the Senate at least one week prior to obli8 gating funds made available under this heading on the 

9 NIH’s plans for obligating emergency funds: Provided fur10 ther, That such amount is designated by the Congress as 

11 being for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 OFFICE OF THE SECRETARY

15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

16 FUND

17 For an additional amount for ‘‘Public Health and So18 cial Services Emergency Fund’’, $4,500,000,000, to re19 main available until September 30, 2025, for the develop20 ment of necessary countermeasures and vaccines, 

21 prioritizing platform-based technologies with U.S.-based 

22 manufacturing capabilities, the purchase of vaccines, 

23 therapeutics, diagnostics, and necessary medical supplies, 

24 as well as initial advance manufacturing and novel dis25 pensing: Provided, That funds made available under this 


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1 heading may be used to develop and demonstrate innova2 tions and enhancements to manufacturing platforms to 

3 support such capabilities: Provided further, That products 

4 purchased with funds appropriated under this heading 

5 may, at the discretion of the Secretary of Health and 

6 Human Services, be deposited in the Strategic National 

7 Stockpile under section 319F–2 of the PHS Act: Provided 

8 further, That funds made available under this heading 

9 may be transferred to, and merged with, the fund author10 ized by section 319F–4, the Covered Countermeasure 

11 Process Fund, of the PHS Act: Provided further, That of 

12 the amount made available under this heading, 

13 $3,500,000,000 shall be available to the Biomedical Ad14 vanced Research and Development Authority for necessary 

15 expenses of advanced research, development, manufac16 turing, production, and purchase of vaccines and thera17 peutics: Provided further, That the Director of the Bio18 medical Advanced Research and Development Authority 

19 shall provide a briefing to the Committees on Appropria20 tions of the House of Representatives and the Senate at 

21 least one week prior to obligating funds made available 

22 in the preceding proviso on the Department’s plans to 

23 produce a sufficient supply of vaccine for the U.S. popu24 lation: Provided further, That of the amount made avail25 able under this heading, $500,000,000 shall be available 


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1 to the Biomedical Advanced Research and Development 

2 Authority for the construction, renovation, or equipping 

3 of U.S.-based next generation manufacturing facilities, 

4 other than facilities owned by the United States Govern5 ment: Provided further, That of the amount made available 

6 under this heading, $500,000,000 shall be available to the 

7 Biomedical Advanced Research and Development Author8 ity to promote innovation in antibacterial research and de9 velopment: Provided further, That funds made available 

10 under this heading may be used for grants for the rent, 

11 lease, purchase, acquisition, construction, alteration, or 

12 renovation of non-federally owned facilities to improve pre13 paredness and response capability at the State and local 

14 levels: Provided further, That funds made available under 

15 this heading may be used for the construction, alteration, 

16 renovation or equipping of non-federally owned facilities 

17 for the production of vaccines, therapeutics, diagnostics, 

18 and medicines and other items purchased under section 

19 319F–2(a) of the PHS Act where the Secretary deter20 mines that such use is necessary to assure sufficient do21 mestic production of such supplies: Provided further, That 

22 all construction, alteration, or renovation work, carried out 

23 in whole or in part with funds made available under this 

24 heading, shall be subject to the requirements of section 

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1 1(b)(1)(I)): Provided further, That such amount is des2 ignated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 PUBLIC HEALTH EMERGENCY FUND

6 For an additional amount for ‘‘Public Health Emer7 gency Fund’’, $5,000,000,000, to remain available until 

8 expended, to be deposited into the Public Health Emer9 gency Fund, as established under section 319(b) of the 

10 Public Health Service Act: Provided, That products pur11 chased with funds appropriated under this heading may, 

12 at the discretion of the Secretary of Health and Human 

13 Services, be deposited in the Strategic National Stockpile 

14 under section 319F-2 of the Public Health Service Act: 

15 Provided further, That the Secretary of Health and 

16 Human Services (or the Assistant Secretary for Prepared17 ness and Response on behalf of the Secretary) shall pro18 vide a briefing to the Committees on Appropriations of 

19 the House of Representatives and the Senate at least one 

20 week prior to obligating funds made available under this 

21 heading on the Department’s plans for obligating emer22 gency funds: Provided further, That such amount is des23 ignated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS

2 SEC. 601. The amounts provided by the first proviso 

3 following paragraph (6) under the heading ‘‘Department 

4 of Labor—Employment and Training Administration— 

5 State Unemployment Insurance and Employment Service 

6 Operations’’ in title I of this Act are designated by the 

7 Congress as being for an emergency requirement pursuant 

8 to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 SEC. 602. Not later than 30 days after the date of 

11 enactment of this Act, the Secretary of Health and 

12 Human Services shall provide a detailed spend plan of an13 ticipated uses of funds made available to the Department 

14 of Health and Human Services in this title, including esti15 mated personnel and administrative costs, to the Commit16 tees on Appropriations of the House of Representatives 

17 and the Senate: Provided, That such plans shall be up18 dated and submitted to such Committees every 60 days 

19 until September 30, 2025: Provided further, That the 

20 spend plans shall be accompanied by a listing of each con21 tract obligation incurred that exceeds $5,000,000 which 

22 has not previously been reported, including the amount of 

23 each such obligation. 

24 SEC. 603. Each amount designated in this Act by the 

25 Congress as being for an emergency requirement pursuant 


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1 to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985 shall be available 

3 (or rescinded or transferred, if applicable) only if the 

4 President subsequently so designates all such amounts 

5 and transmits such designations to the Congress. 

6 SEC. 604. Any amount appropriated by this Act, des7 ignated by the Congress as an emergency requirement 

8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg9 et and Emergency Deficit Control Act of 1985 and subse10 quently so designated by the President, and transferred 

11 pursuant to transfer authorities provided by this Act shall 

12 retain such designation. 

13 This Act may be cited as the ‘‘Departments of Labor, 

14 Health and Human Services, and Education, and Related 

15 Agencies Appropriations Act, 2021’’. 


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Union Calendar No. 362 

116TH CONGRESS 

2D SESSION H. R. 7614 

[Report No. 116–450] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2021, and for other purcation, and related agencies for the fiscal year Labor, Health and Human Services, and EduJULY 15, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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