II 

117TH CONGRESS 

1ST SESSION S. 3062 

Making appropriations for the Departments of Labor, Health and Human 

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

September 30, 2022, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2021 

Mrs. MURRAY introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

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, 2022, and 

for other purposes. 

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, 2022, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF LABOR 

3 EMPLOYMENT AND TRAINING ADMINISTRATION

4 TRAINING AND EMPLOYMENT SERVICES

5 For necessary expenses of the Workforce Innovation 

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

7 and the National Apprenticeship Act, $4,023,731,000, 

8 plus reimbursements, shall be available. Of the amounts 

9 provided: 

10 (1) for grants to States for adult employment 

11 and training activities, youth activities, and dis12 located worker employment and training activities, 

13 $2,938,102,000 as follows: 

14 (A) $882,987,000 for adult employment 

15 and training activities, of which $170,987,000 

16 shall be available for the period July 1, 2022 

17 through June 30, 2023, and of which 

18 $712,000,000 shall be available for the period 

19 October 1, 2022 through June 30, 2023; 

20 (B) $944,837,000 for youth activities, 

21 which shall be available for the period April 1, 

22 2022 through June 30, 2023; and 

23 (C) $1,110,278,000 for dislocated worker 

24 employment and training activities, of which 

25 $250,278,000 shall be available for the period 


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1 July 1, 2022 through June 30, 2023, and of 

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

3 period October 1, 2022 through June 30, 2023: 

4 Provided, That the funds available for allotment to 

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

6 WIOA shall not be subject to the requirements of 

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

8 (2) for national programs, $1,085,629,000 as 

9 follows: 

10 (A) $315,859,000 for the dislocated work11 ers assistance national reserve, of which 

12 $115,859,000 shall be available for the period 

13 July 1, 2022 through September 30, 2023, and 

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

15 period October 1, 2022 through September 30, 

16 2023: Provided, That funds provided to carry 

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

18 used to provide assistance to a State for state19 wide or local use in order to address cases 

20 where there have been worker dislocations 

21 across multiple sectors or across multiple local 

22 areas and such workers remain dislocated; co23 ordinate the State workforce development plan 

24 with emerging economic development needs; and 

25 train such eligible dislocated workers: Provided 


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1 further, That funds provided to carry out sec2 tions 168(b) and 169(c) of the WIOA may be 

3 used for technical assistance and demonstration 

4 projects, respectively, that provide assistance to 

5 new entrants in the workforce and incumbent 

6 workers: Provided further, That notwithstanding 

7 section 168(b) of the WIOA, of the funds pro8 vided under this subparagraph, the Secretary of 

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

10 may reserve not more than 10 percent of such 

11 funds to provide technical assistance and carry 

12 out additional activities related to the transition 

13 to the WIOA: Provided further, That of the 

14 funds provided under this subparagraph, 

15 $190,000,000 shall be for training and employ16 ment assistance under sections 168(b), 169(c) 

17 (notwithstanding the 10 percent limitation in 

18 such section) and 170 of the WIOA as follows: 

19 (i) $45,000,000 shall be for workers 

20 in the Appalachian region, as defined by 

21 40 U.S.C. 14102(a)(1), workers in the 

22 Lower Mississippi, as defined in section 

23 4(2) of the Delta Development Act (Public 

24 Law 100–460, 102 Stat. 2246; 7 U.S.C. 

25 2009aa(2)), and workers in the region 


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1 served by the Northern Border Regional 

2 Commission, as defined by 40 U.S.C. 

3 15733; 

4 (ii) $45,000,000 shall be for the pur5 pose of developing, offering, or improving 

6 educational or career training programs at 

7 community colleges, defined as public insti8 tutions of higher education, as described in 

9 section 101(a) of the Higher Education 

10 Act of 1965 and at which the associate’s 

11 degree is primarily the highest degree 

12 awarded, with other eligible institutions of 

13 higher education, as defined in section 

14 101(a) of the Higher Education Act of 

15 1965, eligible to participate through con16 sortia, with community colleges as the lead 

17 grantee: Provided, That any grant funds 

18 used for apprenticeships shall be used to 

19 support only apprenticeship programs reg20 istered under the National Apprenticeship 

21 Act and as referred to in section 3(7)(B) 

22 of the WIOA; 

23 (iii) $30,000,000 shall be for training 

24 and employment assistance for workers in 

25 communities that have experienced job 


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1 losses due to dislocations in industries re2 lated to fossil fuel extraction or energy 

3 production; 

4 (B) $58,000,000 for Native American pro5 grams under section 166 of the WIOA, which 

6 shall be available for the period July 1, 2022 

7 through June 30, 2023; 

8 (C) $96,711,000 for migrant and seasonal 

9 farmworker programs under section 167 of the 

10 WIOA, including $89,315,000 for formula 

11 grants (of which not less than 70 percent shall 

12 be for employment and training services), 

13 $6,429,000 for migrant and seasonal housing 

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

15 permanent housing), and $967,000 for other 

16 discretionary purposes, which shall be available 

17 for the period April 1, 2022 through June 30, 

18 2023: Provided, That notwithstanding any 

19 other provision of law or related regulation, the 

20 Department of Labor shall take no action lim21 iting the number or proportion of eligible par22 ticipants receiving related assistance services or 

23 discouraging grantees from providing such serv24 ices: Provided further, That notwithstanding the 

25 definition of ‘‘eligible seasonal farmworker’’ in 


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1 section 167(i)(3)(A) of the WIOA relating to an 

2 individual being ‘‘low-income’’, an individual is 

3 eligible for migrant and seasonal farmworker 

4 programs under section 167 of the WIOA under 

5 that definition if, in addition to meeting the re6 quirements of clauses (i) and (ii) of section 

7 167(i)(3)(A), such individual is a member of a 

8 family with a total family income equal to or 

9 less than 150 percent of the poverty line; 

10 (D) $120,000,000 for YouthBuild activi11 ties as described in section 171 of the WIOA, 

12 which shall be available for the period April 1, 

13 2022 through June 30, 2023; 

14 (E) $125,000,000 for ex-offender activi15 ties, under the authority of section 169 of the 

16 WIOA, which shall be available for the period 

17 April 1, 2022 through June 30, 2023: Provided, 

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

19 competitive grants to national and regional 

20 intermediaries for activities that prepare for 

21 employment young adults with criminal records, 

22 young adults who have been justice system-in23 volved, or young adults who have dropped out 

24 of school or other educational programs, with a 


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

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

4 Quality Initiative, under the authority of section 

5 169 of the WIOA, which shall be available for 

6 the period July 1, 2022 through June 30, 

7 2023; 

8 (G) $245,000,000 to expand opportunities 

9 through apprenticeships only registered under 

10 the National Apprenticeship Act and as referred 

11 to in section 3(7)(B) of the WIOA, to be avail12 able to the Secretary to carry out activities 

13 through grants, cooperative agreements, con14 tracts and other arrangements, with States and 

15 other appropriate entities, including equity 

16 intermediaries and business and labor industry 

17 partner intermediaries, which shall be available 

18 for the period July 1, 2022 through June 30, 

19 2023; 

20 (H) $25,000,000 for a National Youth 

21 Employment Program, under the authority of 

22 section 169 of the WIOA, including the expan23 sion of summer and year-round job opportuni24 ties for disadvantaged youth, which shall be 


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1 available for the period April 1, 2022 through 

2 June 30, 2023; 

3 (I) $10,000,000 for a national training 

4 program for veterans, members of the armed 

5 forces who are separating from active duty, and 

6 the spouses of veterans and such members, fo7 cused on training related to employment in 

8 clean energy sectors and occupations, under the 

9 authority of section 169 of the WIOA, which 

10 shall be available for the period July 1, 2022 

11 through June 30, 2023; and 

12 (J) $84,059,000 for carrying out Dem13 onstration and Pilot projects under section 

14 169(c) of the WIOA, which shall be available 

15 for the period April 1, 2022 through June 30, 

16 2023, in addition to funds available for such ac17 tivities under subparagraph (A) for the 

18 projects, and in the amounts, specified in the 

19 explanatory statement accompanying this Act: 

20 Provided, That such funds may be used for 

21 projects that are related to the employment and 

22 training needs of dislocated workers, other 

23 adults, or youth: Provided further, That the 10 

24 percent funding limitation under such section 

25 shall not apply to such funds: Provided further, 


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1 That section 169(b)(6)(C) of the WIOA shall 

2 not apply to such funds: Provided further, That 

3 sections 102 and 107 of this Act shall not apply 

4 to such funds. 

5 JOB CORPS

6 (INCLUDING TRANSFER OF FUNDS)

7 To carry out subtitle C of title I of the WIOA, includ8 ing Federal administrative expenses, the purchase and 

9 hire of passenger motor vehicles, the construction, alter10 ation, and repairs of buildings and other facilities, and the 

11 purchase of real property for training centers as author12 ized by the WIOA, $1,754,759,000, plus reimbursements, 

13 as follows: 

14 (1) $1,607,325,000 for Job Corps Operations, 

15 which shall be available for the period July 1, 2022 

16 through June 30, 2023; 

17 (2) $113,000,000 for construction, rehabilita18 tion and acquisition of Job Corps Centers, which 

19 shall be available for the period July 1, 2022 

20 through June 30, 2025, and which may include the 

21 acquisition, maintenance, and repair of major items 

22 of equipment: Provided, That the Secretary may 

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

24 operational needs of such centers or to achieve ad25 ministrative efficiencies: Provided further, That any 


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1 funds transferred pursuant to the preceding provi2 sion shall not be available for obligation after June 

3 30, 2022: Provided further, That the Committees on 

4 Appropriations of the House of Representatives and 

5 the Senate are notified at least 15 days in advance 

6 of any transfer; and 

7 (3) $34,434,000 for necessary expenses of Job 

8 Corps, which shall be available for obligation for the 

9 period October 1, 2021 through September 30, 

10 2022: 

11 Provided, That no funds from any other appropriation 

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

13 centers. 

14 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

15 AMERICANS

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

17 1965 (referred to in this Act as ‘‘OAA’’), $410,000,000, 

18 which shall be available for the period April 1, 2022 

19 through June 30, 2023, and may be recaptured and reobli20 gated in accordance with section 517(c) of the OAA. 

21 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

22 For payments during fiscal year 2022 of trade ad23 justment benefit payments and allowances under part I 

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

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


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1 employment and case management services, allowances for 

2 job search and relocation, and related State administrative 

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

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

5 payments, allowances, training, employment and case 

6 management services, and related State administration 

7 provided pursuant to section 231(a) of the Trade Adjust8 ment Assistance Extension Act of 2011 and section 405(a) 

9 of the Trade Preferences Extension Act of 2015, 

10 $540,000,000 together with such amounts as may be nec11 essary to be charged to the subsequent appropriation for 

12 payments for any period subsequent to September 15, 

13 2022: Provided, That notwithstanding section 502 of this 

14 Act, any part of the appropriation provided under this 

15 heading may remain available for obligation beyond the 

16 current fiscal year pursuant to the authorities of section 

17 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

18 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

19 SERVICE OPERATIONS

20 (INCLUDING TRANSFER OF FUNDS)

21 For authorized administrative expenses, 

22 $89,066,000, together with not to exceed $3,914,791,000 

23 which may be expended from the Employment Security 

24 Administration Account in the Unemployment Trust Fund 

25 (‘‘the Trust Fund’’), of which— 


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1 (1) $3,075,214,000 from the Trust Fund is for 

2 grants to States for the administration of State un3 employment insurance laws as authorized under title 

4 III of the Social Security Act (including not less 

5 than $250,000,000 to carry out reemployment serv6 ices and eligibility assessments under section 306 of 

7 such Act, any claimants of regular compensation, as 

8 defined in such section, including those who are 

9 profiled as most likely to exhaust their benefits, may 

10 be eligible for such services and assessments: Pro11 vided, That of such amount, $117,000,000 is speci12 fied for grants under section 306 of the Social Secu13 rity Act and is provided to meet the terms of section 

14 4004(b)(4)(B) and section 4005(d)(2) of S. Con. 

15 Res. 14 (117th Congress), the concurrent resolution 

16 on the budget for fiscal year 2022, and 

17 $133,000,000 is additional new budget authority 

18 specified for purposes of section 4004(b)(4) and sec19 tion 4005(d) of such resolution; and $9,000,000 for 

20 continued support of the Unemployment Insurance 

21 Integrity Center of Excellence), the administration 

22 of unemployment insurance for Federal employees 

23 and for ex-service members as authorized under 5 

24 U.S.C. 8501–8523, and the administration of trade 

25 readjustment allowances, reemployment trade adVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 justment assistance, and alternative trade adjust2 ment assistance under the Trade Act of 1974 and 

3 under section 231(a) of the Trade Adjustment As4 sistance Extension Act of 2011 and section 405(a) 

5 of the Trade Preferences Extension Act of 2015, 

6 and shall be available for obligation by the States 

7 through December 31, 2022, except that funds used 

8 for automation shall be available for Federal obliga9 tion through December 31, 2022, and for State obli10 gation through September 30, 2024, or, if the auto11 mation is being carried out through consortia of 

12 States, for State obligation through September 30, 

13 2028, and for expenditure through September 30, 

14 2029, and funds for competitive grants awarded to 

15 States for improved operations and to conduct in16 person reemployment and eligibility assessments and 

17 unemployment insurance improper payment reviews 

18 and provide reemployment services and referrals to 

19 training, as appropriate, shall be available for Fed20 eral obligation through December 31, 2022, and for 

21 obligation by the States through September 30, 

22 2024, and funds for the Unemployment Insurance 

23 Integrity Center of Excellence shall be available for 

24 obligation by the State through September 30, 2023, 

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1 loads experienced through September 30, 2022 shall 

2 be available for Federal obligation through Decem3 ber 31, 2022; 

4 (2) $68,000,000 from the Trust Fund is for na5 tional activities necessary to support the administra6 tion of the Federal-State unemployment insurance 

7 system; 

8 (3) $663,449,000 from the Trust Fund, to9 gether with $21,413,000 from the General Fund of 

10 the Treasury, is for grants to States in accordance 

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

12 be available for Federal obligation for the period 

13 July 1, 2022 through June 30, 2023; 

14 (4) $22,318,000 from the Trust Fund is for na15 tional activities of the Employment Service, includ16 ing administration of the work opportunity tax cred17 it under section 51 of the Internal Revenue Code of 

18 1986 (including assisting States in adopting or mod19 ernizing information technology for use in the proc20 essing of certification requests), and the provision of 

21 technical assistance and staff training under the 

22 Wagner-Peyser Act; 

23 (5) $85,810,000 from the Trust Fund is for the 

24 administration of foreign labor certifications and re25 lated activities under the Immigration and NationVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 ality Act and related laws, of which $62,528,000 

2 shall be available for the Federal administration of 

3 such activities, and $23,282,000 shall be available 

4 for grants to States for the administration of such 

5 activities; and 

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

7 provide workforce information, national electronic 

8 tools, and one-stop system building under the Wag9 ner-Peyser Act and shall be available for Federal ob10 ligation for the period July 1, 2022 through June 

11 30, 2023, of which up to $9,800,000 shall be used 

12 to carry out research and demonstration projects re13 lated to testing effective ways to promote greater 

14 labor force participation of people with disabilities: 

15 Provided, That the Secretary may transfer amounts 

16 made available for research and demonstration 

17 projects under this paragraph to the ‘‘Office of Dis18 ability Employment Policy’’ account for such pur19 poses: 

20 Provided, That to the extent that the Average Weekly In21 sured Unemployment (‘‘AWIU’’) for fiscal year 2022 is 

22 projected by the Department of Labor to exceed 

23 2,008,000, an additional $28,600,000 from the Trust 

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

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


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

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

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

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

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

6 carrying out activities under such title III if the other 

7 States include areas that have suffered a major disaster 

8 declared by the President under the Robert T. Stafford 

9 Disaster Relief and Emergency Assistance Act: Provided 

10 further, That the Secretary may use funds appropriated 

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

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

13 the National Directory of New Hires under section 

14 453(j)(8) of such Act: Provided further, That the Sec15 retary may use funds appropriated for grants to States 

16 under title III of the Social Security Act to make pay17 ments on behalf of States to the entity operating the State 

18 Information Data Exchange System: Provided further, 

19 That funds appropriated in this Act which are used to es20 tablish a national one-stop career center system, or which 

21 are used to support the national activities of the Federal22 State unemployment insurance, employment service, or 

23 immigration programs, may be obligated in contracts, 

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

25 Provided further, That States awarded competitive grants 


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1 for improved operations under title III of the Social Secu2 rity Act, or awarded grants to support the national activi3 ties of the Federal-State unemployment insurance system, 

4 may award subgrants to other States and non-State enti5 ties under such grants, subject to the conditions applicable 

6 to the grants: Provided further, That funds appropriated 

7 under this Act for activities authorized under title III of 

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

9 be used by States to fund integrated Unemployment In10 surance and Employment Service automation efforts, not11 withstanding cost allocation principles prescribed under 

12 the final rule entitled ‘‘Uniform Administrative Require13 ments, Cost Principles, and Audit Requirements for Fed14 eral Awards’’ at part 200 of title 2, Code of Federal Regu15 lations: Provided further, That the Secretary, at the re16 quest of a State participating in a consortium with other 

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

18 III of the Social Security Act to other States participating 

19 in the consortium or to the entity operating the Unemploy20 ment Insurance Information Technology Support Center 

21 in order to carry out activities that benefit the administra22 tion of the unemployment compensation law of the State 

23 making the request: Provided further, That the Secretary 

24 may collect fees for the costs associated with additional 

25 data collection, analyses, and reporting services relating 


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1 to the National Agricultural Workers Survey requested by 

2 State and local governments, public and private institu3 tions of higher education, and nonprofit organizations and 

4 may utilize such sums, in accordance with the provisions 

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

6 Survey infrastructure, methodology, and data to meet the 

7 information collection and reporting needs of such entities, 

8 which shall be credited to this appropriation and shall re9 main available until September 30, 2023, for such pur10 poses. 

11 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

12 OTHER FUNDS

13 For repayable advances to the Unemployment Trust 

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

15 Social Security Act, and to the Black Lung Disability 

16 Trust Fund as authorized by section 9501(c)(1) of the In17 ternal Revenue Code of 1986; and for nonrepayable ad18 vances to the revolving fund established by section 901(e) 

19 of the Social Security Act, to the Unemployment Trust 

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

21 Unemployment Benefits and Allowances’’ account, such 

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

23 obligation through September 30, 2023. 


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1 PROGRAM ADMINISTRATION

2 For expenses of administering employment and train3 ing programs, $127,505,000, together with not to exceed 

4 $58,931,000 which may be expended from the Employ5 ment Security Administration Account in the Unemploy6 ment Trust Fund. 

7 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Employee Benefits 

10 Security Administration, $222,475,000, of which up to 

11 $3,000,000 shall be available for obligation through Sep12 tember 30, 2023, for the procurement of expert witnesses 

13 for enforcement litigation. 

14 PENSION BENEFIT GUARANTY CORPORATION

15 PENSION BENEFIT GUARANTY CORPORATION FUND

16 The Pension Benefit Guaranty Corporation (‘‘Cor17 poration’’) is authorized to make such expenditures, in18 cluding financial assistance authorized by subtitle E of 

19 title IV of the Employee Retirement Income Security Act 

20 of 1974, within limits of funds and borrowing authority 

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

22 to make such contracts and commitments without regard 

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

24 as may be necessary in carrying out the program, includ25 ing associated administrative expenses, through SepVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 tember 30, 2022, for the Corporation: Provided, That 

2 none of the funds available to the Corporation for fiscal 

3 year 2022 shall be available for obligations for administra4 tive expenses in excess of $472,955,000: Provided further, 

5 That to the extent that the number of new plan partici6 pants in plans terminated by the Corporation exceeds 

7 100,000 in fiscal year 2022, an amount not to exceed an 

8 additional $9,200,000 shall be available through Sep9 tember 30, 2026, for obligations for administrative ex10 penses for every 20,000 additional terminated partici11 pants: Provided further, That obligations in excess of the 

12 amounts provided for administrative expenses in this para13 graph may be incurred and shall be available through Sep14 tember 30, 2026 for obligation for unforeseen and extraor15 dinary pre-termination or termination expenses or extraor16 dinary multiemployer program related expenses after ap17 proval by the Office of Management and Budget and noti18 fication of the Committees on Appropriations of the House 

19 of Representatives and the Senate: Provided further, That 

20 an additional amount shall be available for obligation 

21 through September 30, 2026 to the extent the Corpora22 tion’s expenses exceed $250,000 for the provision of credit 

23 or identity monitoring to affected individuals upon suf24 fering a security incident or privacy breach, not to exceed 

25 an additional $100 per affected individual. 


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1 WAGE AND HOUR DIVISION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Wage and Hour Divi4 sion, including reimbursement to State, Federal, and local 

5 agencies and their employees for inspection services ren6 dered, $278,700,000. 

7 OFFICE OF LABOR-MANAGEMENT STANDARDS

8 SALARIES AND EXPENSES

9 For necessary expenses for the Office of Labor-Man10 agement Standards, $47,437,000. 

11 OFFICE OF FEDERAL CONTRACT COMPLIANCE

12 PROGRAMS

13 SALARIES AND EXPENSES

14 For necessary expenses for the Office of Federal Con15 tract Compliance Programs, $135,732,000. 

16 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the Office of Workers’ 

19 Compensation Programs, $138,604,000, together with 

20 $2,205,000 which may be expended from the Special Fund 

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

22 Longshore and Harbor Workers’ Compensation Act. 


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1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses not otherwise au5 thorized) accruing during the current or any prior fiscal 

6 year authorized by 5 U.S.C. 81; continuation of benefits 

7 as provided for under the heading ‘‘Civilian War Benefits’’ 

8 in the Federal Security Agency Appropriation Act, 1947; 

9 the Employees’ Compensation Commission Appropriation 

10 Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. 

11 App. 2012); obligations incurred under the War Hazards 

12 Compensation Act (42 U.S.C. 1701 et seq.); and 50 per13 cent of the additional compensation and benefits required 

14 by section 10(h) of the Longshore and Harbor Workers’ 

15 Compensation Act, $244,000,000, together with such 

16 amounts as may be necessary to be charged to the subse17 quent year appropriation for the payment of compensation 

18 and other benefits for any period subsequent to August 

19 15 of the current year, for deposit into and to assume 

20 the attributes of the Employees’ Compensation Fund es21 tablished under 5 U.S.C. 8147(a): Provided, That 

22 amounts appropriated may be used under 5 U.S.C. 8104 

23 by the Secretary to reimburse an employer, who is not the 

24 employer at the time of injury, for portions of the salary 

25 of a re-employed, disabled beneficiary: Provided further, 


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1 That balances of reimbursements unobligated on Sep2 tember 30, 2021, shall remain available until expended for 

3 the payment of compensation, benefits, and expenses: Pro4 vided further, That in addition there shall be transferred 

5 to this appropriation from the Postal Service and from 

6 any other corporation or instrumentality required under 

7 5 U.S.C. 8147(c) to pay an amount for its fair share of 

8 the cost of administration, such sums as the Secretary de9 termines to be the cost of administration for employees 

10 of such fair share entities through September 30, 2022: 

11 Provided further, That of those funds transferred to this 

12 account from the fair share entities to pay the cost of ad13 ministration of the Federal Employees’ Compensation Act, 

14 $80,920,000 shall be made available to the Secretary as 

15 follows: 

16 (1) For enhancement and maintenance of auto17 mated data processing systems operations and tele18 communications systems, $27,445,000; 

19 (2) For automated workload processing oper20 ations, including document imaging, centralized mail 

21 intake, and medical bill processing, $25,859,000; 

22 (3) For periodic roll disability management and 

23 medical review, $25,860,000; 

24 (4) For program integrity, $1,756,000; and 


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

2 Treasury as miscellaneous receipts: 

3 Provided further, That the Secretary may require that any 

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

5 under 5 U.S.C. 81, or the Longshore and Harbor Work6 ers’ Compensation Act, provide as part of such notice and 

7 claim, such identifying information (including Social Secu8 rity account number) as such regulations may prescribe. 

9 SPECIAL BENEFITS FOR DISABLED COAL MINERS

10 For carrying out title IV of the Federal Mine Safety 

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

12 275, $32,970,000, to remain available until expended. 

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

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

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

16 as may be necessary. 

17 For making benefit payments under title IV for the 

18 first quarter of fiscal year 2023, $11,000,000, to remain 

19 available until expended. 

20 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

21 OCCUPATIONAL ILLNESS COMPENSATION FUND

22 For necessary expenses to administer the Energy 

23 Employees Occupational Illness Compensation Program 

24 Act, $63,428,000, to remain available until expended: Pro25 vided, That the Secretary may require that any person filVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 ing a claim for benefits under the Act provide as part of 

2 such claim such identifying information (including Social 

3 Security account number) as may be prescribed. 

4 BLACK LUNG DISABILITY TRUST FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 Such sums as may be necessary from the Black Lung 

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

8 until expended, for payment of all benefits authorized by 

9 section 9501(d)(1), (2), (6), and (7) of the Internal Rev10 enue Code of 1986; and repayment of, and payment of 

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

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

13 expended from the Fund for fiscal year 2022 for expenses 

14 of operation and administration of the Black Lung Bene15 fits program, as authorized by section 9501(d)(5): not to 

16 exceed $41,464,000 for transfer to the Office of Workers’ 

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

18 exceed $37,598,000 for transfer to Departmental Manage19 ment, ‘‘Salaries and Expenses’’; not to exceed $342,000 

20 for transfer to Departmental Management, ‘‘Office of In21 spector General’’; and not to exceed $356,000 for pay22 ments into miscellaneous receipts for the expenses of the 

23 Department of the Treasury. 


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1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety 

4 and Health Administration, $665,924,000, including not 

5 to exceed $118,875,000 which shall be the maximum 

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

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

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

9 of State occupational safety and health programs required 

10 to be incurred under plans approved by the Secretary 

11 under section 18 of the Act; and, in addition, notwith12 standing 31 U.S.C. 3302, the Occupational Safety and 

13 Health Administration may retain up to $499,000 per fis14 cal year of training institute course tuition and fees, other15 wise authorized by law to be collected, and may utilize 

16 such sums for occupational safety and health training and 

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

18 3302, the Secretary is authorized, during the fiscal year 

19 ending September 30, 2022, to collect and retain fees for 

20 services provided to Nationally Recognized Testing Lab21 oratories, and may utilize such sums, in accordance with 

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

23 international laboratory recognition programs that ensure 

24 the safety of equipment and products used by workers in 

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


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1 appropriated under this paragraph shall be obligated or 

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

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

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

5 operation which does not maintain a temporary labor 

6 camp and employs 10 or fewer employees: Provided fur7 ther, That no funds appropriated under this paragraph 

8 shall be obligated or expended to administer or enforce 

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

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

11 included within a category having a Days Away, Re12 stricted, or Transferred (‘‘DART’’) occupational injury 

13 and illness rate, at the most precise industrial classifica14 tion code for which such data are published, less than the 

15 national average rate as such rates are most recently pub16 lished by the Secretary, acting through the Bureau of 

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

18 except— 

19 (1) to provide, as authorized by the Act, con20 sultation, technical assistance, educational and train21 ing services, and to conduct surveys and studies; 

22 (2) to conduct an inspection or investigation in 

23 response to an employee complaint, to issue a cita24 tion for violations found during such inspection, and 

25 to assess a penalty for violations which are not corVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 rected within a reasonable abatement period and for 

2 any willful violations found; 

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

4 with respect to imminent dangers; 

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

6 with respect to health hazards; 

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

8 with respect to a report of an employment accident 

9 which is fatal to one or more employees or which re10 sults in hospitalization of two or more employees, 

11 and to take any action pursuant to such investiga12 tion authorized by the Act; and 

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

14 with respect to complaints of discrimination against 

15 employees for exercising rights under the Act: 

16 Provided further, That the foregoing proviso shall not 

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

18 which does not maintain a temporary labor camp and em19 ploys 10 or fewer employees: Provided further, That 

20 $13,787,000 shall be available for Susan Harwood train21 ing grants, of which not more than $6,500,000 is for 

22 Susan Harwood Training Capacity Building Develop23 mental grants, for program activities starting not later 

24 than September 30, 2022 and lasting for a period of 12 


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1 months: Provided further, That not less than $3,500,000 

2 shall be for Voluntary Protection Programs. 

3 MINE SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Mine Safety and 

6 Health Administration, $402,209,000, including purchase 

7 and bestowal of certificates and trophies in connection 

8 with mine rescue and first-aid work, and the hire of pas9 senger motor vehicles, including up to $2,000,000 for 

10 mine rescue and recovery activities and not less than 

11 $10,537,000 for State assistance grants: Provided, That 

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

13 may be collected by the National Mine Health and Safety 

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

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

16 be available for mine safety and health education and 

17 training activities: Provided further, That notwithstanding 

18 31 U.S.C. 3302, the Mine Safety and Health Administra19 tion is authorized to collect and retain up to $2,499,000 

20 from fees collected for the approval and certification of 

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

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

23 That the Secretary is authorized to accept lands, build24 ings, equipment, and other contributions from public and 

25 private sources and to prosecute projects in cooperation 


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

2 further, That the Mine Safety and Health Administration 

3 is authorized to promote health and safety education and 

4 training in the mining community through cooperative 

5 programs with States, industry, and safety associations: 

6 Provided further, That the Secretary is authorized to rec7 ognize the Joseph A. Holmes Safety Association as a prin8 cipal safety association and, notwithstanding any other 

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

10 reimbursement, personnel, including service of Mine Safe11 ty and Health Administration officials as officers in local 

12 chapters or in the national organization: Provided further, 

13 That any funds available to the Department of Labor may 

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

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

16 event of a major disaster. 

17 BUREAU OF LABOR STATISTICS

18 SALARIES AND EXPENSES

19 For necessary expenses for the Bureau of Labor Sta20 tistics, including advances or reimbursements to State, 

21 Federal, and local agencies and their employees for serv22 ices rendered, $617,183,000, together with not to exceed 

23 $68,000,000 which may be expended from the Employ24 ment Security Administration account in the Unemploy25 ment Trust Fund. 


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1 OFFICE OF DISABILITY EMPLOYMENT POLICY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for the Office of Disability 

5 Employment Policy to provide leadership, develop policy 

6 and initiatives, and award grants furthering the objective 

7 of eliminating barriers to the training and employment of 

8 people with disabilities, $42,711,000, of which not less 

9 than $9,000,000 shall be for research and demonstration 

10 projects related to testing effective ways to promote great11 er labor force participation of people with disabilities: Pro12 vided, That the Secretary may transfer amounts made 

13 available under this heading for research and demonstra14 tion projects to the ‘‘State Unemployment Insurance and 

15 Employment Service Operations’’ account for such pur16 poses. 

17 DEPARTMENTAL MANAGEMENT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

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

22 $443,662,000, together with not to exceed $308,000, 

23 which may be expended from the Employment Security 

24 Administration account in the Unemployment Trust 

25 Fund: Provided, That $89,947,000 for the Bureau of 


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1 International Labor Affairs shall be available for obliga2 tion through December 31, 2022: Provided further, That 

3 funds available to the Bureau of International Labor Af4 fairs may be used to administer or operate international 

5 labor activities, bilateral and multilateral technical assist6 ance, and microfinance programs, by or through contracts, 

7 grants, subgrants and other arrangements: Provided fur8 ther, That not less than $43,092,000 shall be for programs 

9 to combat exploitative child labor internationally and not 

10 less than $30,175,000 shall be used to implement model 

11 programs that address worker rights issues through tech12 nical assistance in countries with which the United States 

13 has free trade agreements or trade preference programs: 

14 Provided further, That $10,040,000 shall be used for pro15 gram evaluation and shall be available for obligation 

16 through September 30, 2023: Provided further, That 

17 funds available for program evaluation may be used to ad18 minister grants for the purpose of evaluation: Provided 

19 further, That grants made for the purpose of evaluation 

20 shall be awarded through fair and open competition: Pro21 vided further, That funds available for program evaluation 

22 may be transferred to any other appropriate account in 

23 the Department for such purpose: Provided further, That 

24 the Committees on Appropriations of the House of Rep25 resentatives and the Senate are notified at least 15 days 


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

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

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

4 workforce: Provided further, That of the amounts made 

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

6 $2,500,000 shall be used for grants authorized by the 

7 Women in Apprenticeship and Nontraditional Occupations 

8 Act. 

9 VETERANS’ EMPLOYMENT AND TRAINING

10 Not to exceed $264,831,000 may be derived from the 

11 Employment Security Administration account in the Un12 employment Trust Fund to carry out the provisions of 

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

14 of which— 

15 (1) $180,000,000 is for Jobs for Veterans State 

16 grants under 38 U.S.C. 4102A(b)(5) to support dis17 abled veterans’ outreach program specialists under 

18 section 4103A of such title and local veterans’ em19 ployment representatives under section 4104(b) of 

20 such title, and for the expenses described in section 

21 4102A(b)(5)(C), which shall be available for expend22 iture by the States through September 30, 2024, 

23 and not to exceed 3 percent for the necessary Fed24 eral expenditures for data systems and contract sup25 port to allow for the tracking of participant and perVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 formance information: Provided, That, in addition, 

2 such funds may be used to support such specialists 

3 and representatives in the provision of services to 

4 transitioning members of the Armed Forces who 

5 have participated in the Transition Assistance Pro6 gram and have been identified as in need of inten7 sive services, to members of the Armed Forces who 

8 are wounded, ill, or injured and receiving treatment 

9 in military treatment facilities or warrior transition 

10 units, and to the spouses or other family caregivers 

11 of such wounded, ill, or injured members; 

12 (2) $33,379,000 is for carrying out the Transi13 tion Assistance Program under 38 U.S.C. 4113 and 

14 10 U.S.C. 1144; 

15 (3) $48,038,000 is for Federal administration 

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

17 2021, 2021A and 2023 of title 38, United States 

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

19 to carry out the Hire VETS Act (division O of Pub20 lic Law 115–31); and 

21 (4) $3,414,000 is for the National Veterans’ 

22 Employment and Training Services Institute under 

23 38 U.S.C. 4109: 

24 Provided, That the Secretary may reallocate among the 

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


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1 above an amount not to exceed 3 percent of the appropria2 tion from which such reallocation is made. 

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

4 $60,500,000 is for carrying out programs to assist home5 less veterans and veterans at risk of homelessness who are 

6 transitioning from certain institutions under sections 

7 2021, 2021A, and 2023 of title 38, United States Code: 

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

9 of section 2023, the Secretary may award grants through 

10 September 30, 2022, to provide services under such sec11 tion: Provided further, That services provided under sec12 tions 2021 or under 2021A may include, in addition to 

13 services to homeless veterans described in section 

14 2002(a)(1), services to veterans who were homeless at 

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

16 veterans who are at risk of homelessness within the next 

17 60 days, and that services provided under section 2023 

18 may include, in addition to services to the individuals de19 scribed in subsection (e) of such section, services to vet20 erans recently released from incarceration who are at risk 

21 of homelessness: Provided further, That notwithstanding 

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

23 this paragraph may be used for data systems and contract 

24 support to allow for the tracking of participant and per25 formance information: Provided further, That notwithVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 standing sections 2021(e)(2) and 2021A(f)(2) of title 38, 

2 United States Code, such funds shall be available for ex3 penditure pursuant to 31 U.S.C. 1553. 

4 In addition, fees may be assessed and deposited in 

5 the HIRE Vets Medallion Award Fund pursuant to sec6 tion 5(b) of the HIRE Vets Act, and such amounts shall 

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

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

9 shall remain available until expended: Provided, That such 

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

11 such purposes, including funds available under paragraph 

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

13 of division O of the Consolidated Appropriations Act, 2017 

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

15 apply. 

16 IT MODERNIZATION

17 For necessary expenses for Department of Labor cen18 tralized infrastructure technology investment activities re19 lated to support systems and modernization, $43,269,000, 

20 which shall be available through September 30, 2023. 

21 OFFICE OF INSPECTOR GENERAL

22 For salaries and expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, $89,738,000, together with not to 

25 exceed $5,660,000 which may be expended from the EmVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 ployment Security Administration account in the Unem2 ployment Trust Fund. 

3 GENERAL PROVISIONS

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

5 for the Job Corps shall be used to pay the salary and bo6 nuses of an individual, either as direct costs or any prora7 tion as an indirect cost, at a rate in excess of Executive 

8 Level II. 

9 (TRANSFER OF FUNDS)

10 SEC. 102. Not to exceed 1 percent of any discre11 tionary funds (pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985) which are appro13 priated for the current fiscal year for the Department of 

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

15 project, or activity, but no such program, project, or activ16 ity shall be increased by more than 3 percent by any such 

17 transfer: Provided, That the transfer authority granted by 

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

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

20 provided in this Act: Provided further, That the Commit21 tees on Appropriations of the House of Representatives 

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

23 of any transfer. 

24 SEC. 103. In accordance with Executive Order 

25 13126, none of the funds appropriated or otherwise made 


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1 available pursuant to this Act shall be obligated or ex2 pended for the procurement of goods mined, produced, 

3 manufactured, or harvested or services rendered, in whole 

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

5 and host countries already identified by the United States 

6 Department of Labor prior to enactment of this Act. 

7 SEC. 104. Except as otherwise provided in this sec8 tion, none of the funds made available to the Department 

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

10 Competitiveness and Workforce Improvement Act of 1998 

11 (29 U.S.C. 2916a) may be used for any purpose other 

12 than competitive grants for training individuals who are 

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

14 in school within a local educational agency in the occupa15 tions and industries for which employers are using H–1B 

16 visas to hire foreign workers, and the related activities 

17 necessary to support such training. 

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

19 Act under the heading ‘‘Employment and Training Ad20 ministration’’ shall be used by a recipient or subrecipient 

21 of such funds to pay the salary and bonuses of an indi22 vidual, either as direct costs or indirect costs, at a rate 

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

24 apply to vendors providing goods and services as defined 

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


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1 Where States are recipients of such funds, States may es2 tablish a lower limit for salaries and bonuses of those re3 ceiving salaries and bonuses from subrecipients of such 

4 funds, taking into account factors including the relative 

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

6 comparable State or local government employees, and the 

7 size of the organizations that administer Federal pro8 grams involved including Employment and Training Ad9 ministration programs. 

10 (TRANSFER OF FUNDS)

11 SEC. 106. (a) Notwithstanding section 102, the Sec12 retary may transfer funds made available to the Employ13 ment and Training Administration by this Act, either di14 rectly or through a set-aside, for technical assistance serv15 ices to grantees to ‘‘Program Administration’’ when it is 

16 determined that those services will be more efficiently per17 formed by Federal employees: Provided, That this section 

18 shall not apply to section 171 of the WIOA. 

19 (b) Notwithstanding section 102, the Secretary may 

20 transfer not more than 0.5 percent of each discretionary 

21 appropriation made available to the Employment and 

22 Training Administration by this Act to ‘‘Program Admin23 istration’’ in order to carry out program integrity activities 

24 that lead to a reduction in improper payments or prevent 

25 the unauthorized use of funds in any of the programs or 


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1 activities that are funded under any such discretionary ap2 propriations: Provided, That notwithstanding section 102 

3 and the preceding proviso, the Secretary may transfer not 

4 more than 0.5 percent of funds made available in para5 graphs (1) and (2) of the ‘‘Office of Job Corps’’ account 

6 to paragraph (3) of such account to carry out program 

7 integrity activities that lead to a reduction in improper 

8 payments or prevent the unauthorized use of funds in the 

9 Job Corps program: Provided further, That funds trans10 ferred under this subsection shall be available to the Sec11 retary to carry out program integrity activities directly or 

12 through grants, cooperative agreements, contracts and 

13 other arrangements with States and other appropriate en14 tities: Provided further, That funds transferred under the 

15 authority provided by this subsection shall be available for 

16 obligation through September 30, 2023. 

17 (TRANSFER OF FUNDS)

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

19 than 0.75 percent from each appropriation made available 

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

21 out evaluations of any of the programs or activities that 

22 are funded under such accounts. Any funds reserved under 

23 this section shall be transferred to ‘‘Departmental Man24 agement’’ for use by the Office of the Chief Evaluation 

25 Officer within the Department of Labor, and shall be 


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1 available for obligation through September 30, 2023: Pro2 vided, That such funds shall only be available if the Chief 

3 Evaluation Officer of the Department of Labor submits 

4 a plan to the Committees on Appropriations of the House 

5 of Representatives and the Senate describing the evalua6 tions to be carried out 15 days in advance of any transfer. 

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

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

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

10 ‘‘State Unemployment Insurance and Employment Service 

11 Operations’’, ‘‘Employee Benefits Security Administra12 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

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

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

15 Standards’’, ‘‘Occupational Safety and Health Adminis16 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of17 fice of Disability Employment Policy’’, funding made 

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

19 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man20 agement, Salaries and Expenses’’ account, and ‘‘Veterans’ 

21 Employment and Training’’. 

22 SEC. 108. (a) Section 7 of the Fair Labor Standards 

23 Act of 1938 (29 U.S.C. 207) shall be applied as if the 

24 following text is part of such section: 


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1 ‘‘(s)(1) The provisions of this section shall not apply 

2 for a period of 2 years after the occurrence of a major 

3 disaster to any employee— 

4 ‘‘(A) employed to adjust or evaluate claims 

5 resulting from or relating to such major dis6 aster, by an employer not engaged, directly or 

7 through an affiliate, in underwriting, selling, or 

8 marketing property, casualty, or liability insur9 ance policies or contracts; 

10 ‘‘(B) who receives from such employer on 

11 average weekly compensation of not less than 

12 $591.00 per week or any minimum weekly 

13 amount established by the Secretary, whichever 

14 is greater, for the number of weeks such em15 ployee is engaged in any of the activities de16 scribed in subparagraph (C); and 

17 ‘‘(C) whose duties include any of the fol18 lowing: 

19 ‘‘(i) interviewing insured individuals, 

20 individuals who suffered injuries or other 

21 damages or losses arising from or relating 

22 to a disaster, witnesses, or physicians; 

23 ‘‘(ii) inspecting property damage or 

24 reviewing factual information to prepare 

25 damage estimates; 


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1 ‘‘(iii) evaluating and making rec2 ommendations regarding coverage or com3 pensability of claims or determining liabil4 ity or value aspects of claims; 

5 ‘‘(iv) negotiating settlements; or 

6 ‘‘(v) making recommendations regard7 ing litigation. 

8 ‘‘(2) The exemption in this subsection shall not 

9 affect the exemption provided by section 13(a)(1). 

10 ‘‘(3) For purposes of this subsection— 

11 ‘‘(A) the term ‘major disaster’ means any 

12 disaster or catastrophe declared or designated 

13 by any State or Federal agency or department; 

14 ‘‘(B) the term ‘employee employed to ad15 just or evaluate claims resulting from or relat16 ing to such major disaster’ means an individual 

17 who timely secured or secures a license required 

18 by applicable law to engage in and perform the 

19 activities described in clauses (i) through (v) of 

20 paragraph (1)(C) relating to a major disaster, 

21 and is employed by an employer that maintains 

22 worker compensation insurance coverage or pro23 tection for its employees, if required by applica24 ble law, and withholds applicable Federal, 

25 State, and local income and payroll taxes from 


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1 the wages, salaries and any benefits of such em2 ployees; and 

3 ‘‘(C) the term ‘affiliate’ means a company 

4 that, by reason of ownership or control of 25 

5 percent or more of the outstanding shares of 

6 any class of voting securities of one or more 

7 companies, directly or indirectly, controls, is 

8 controlled by, or is under common control with, 

9 another company.’’. 

10 (b) This section shall be effective on the date of en11 actment of this Act. 

12 SEC. 109. (a) FLEXIBILITY WITH RESPECT TO THE

13 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

14 SEAFOOD INDUSTRY.— 

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

16 a petition for H–2B nonimmigrants filed by an em17 ployer in the seafood industry is granted, the em18 ployer may bring the nonimmigrants described in 

19 the petition into the United States at any time dur20 ing the 120-day period beginning on the start date 

21 for which the employer is seeking the services of the 

22 nonimmigrants without filing another petition. 

23 (2) REQUIREMENTS FOR CROSSINGS AFTER

24 90TH DAY.—An employer in the seafood industry 

25 may not bring H–2B nonimmigrants into the United 


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1 States after the date that is 90 days after the start 

2 date for which the employer is seeking the services 

3 of the nonimmigrants unless the employer— 

4 (A) completes a new assessment of the 

5 local labor market by— 

6 (i) listing job orders in local news7 papers on 2 separate Sundays; and 

8 (ii) posting the job opportunity on the 

9 appropriate Department of Labor Elec10 tronic Job Registry and at the employer’s 

11 place of employment; and 

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

13 qualified United States worker who— 

14 (i) applies for the job; and 

15 (ii) will be available at the time and 

16 place of need. 

17 (3) EXEMPTION FROM RULES WITH RESPECT

18 TO STAGGERING.—The Secretary of Labor shall not 

19 consider an employer in the seafood industry who 

20 brings H–2B nonimmigrants into the United States 

21 during the 120-day period specified in paragraph (1) 

22 to be staggering the date of need in violation of sec23 tion 655.20(d) of title 20, Code of Federal Regula24 tions, or any other applicable provision of law. 


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1 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec2 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad3 mitted to the United States pursuant to section 

4 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

6 SEC. 110. The determination of prevailing wage for 

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

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

9 employees with similar experience and qualifications for 

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

11 wage level for the occupational classification of the posi12 tion in the geographic area in which the H–2B non13 immigrant will be employed, based on the best information 

14 available at the time of filing the petition. In the deter15 mination of prevailing wage for the purposes of the H– 

16 2B program, the Secretary shall accept private wage sur17 veys even in instances where Occupational Employment 

18 Statistics survey data are available unless the Secretary 

19 determines that the methodology and data in the provided 

20 survey are not statistically supported. 

21 SEC. 111. None of the funds in this Act shall be used 

22 to enforce the definition of corresponding employment 

23 found in 20 CFR 655.5 or the three-fourths guarantee 

24 rule definition found in 20 CFR 655.20, or any references 

25 thereto. Further, for the purpose of regulating admission 


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1 of temporary workers under the H–2B program, the defi2 nition of temporary need shall be that provided in 8 CFR 

3 214.2(h)(6)(ii)(B). 

4 SEC. 112. Notwithstanding any other provision of 

5 law, the Secretary may furnish through grants, coopera6 tive agreements, contracts, and other arrangements, up to 

7 $2,000,000 of excess personal property, at a value deter8 mined by the Secretary, to apprenticeship programs for 

9 the purpose of training apprentices in those programs. 

10 SEC. 113. (a) The Act entitled ‘‘An Act to create a 

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

12 736, chapter 141) shall be applied as if the following text 

13 is part of such Act: 

14 ‘‘SEC. 12. SECURITY DETAIL. 

15 ‘‘(a) IN GENERAL.—The Secretary of Labor is au16 thorized to employ law enforcement officers or special 

17 agents to— 

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

19 Labor during the workday of the Secretary and dur20 ing any activity that is preliminary or postliminary 

21 to the performance of official duties by the Sec22 retary; 

23 ‘‘(2) provide protection, incidental to the protec24 tion provided to the Secretary, to a member of the 

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1 pating in an activity or event relating to the official 

2 duties of the Secretary; 

3 ‘‘(3) provide continuous protection to the Sec4 retary (including during periods not described in 

5 paragraph (1)) and to the members of the imme6 diate family of the Secretary if there is a significant 

7 and articulable threat of physical harm, in accord8 ance with guidelines established by the Secretary; 

9 and 

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

11 of Labor in the performance of official duties at a 

12 public event outside of the United States if there is 

13 a significant and articulable threat of physical harm 

14 and protective services are not provided as part of 

15 an official U.S. visit. 

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

17 authorize a law enforcement officer or special agent em18 ployed under subsection (a), for the purpose of performing 

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

20 ‘‘(1) carry firearms; 

21 ‘‘(2) make arrests without a warrant for any of22 fense against the United States committed in the 

23 presence of such officer or special agent; 

24 ‘‘(3) perform protective intelligence work, in25 cluding identifying and mitigating potential threats 


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1 and conducting advance work to review security mat2 ters relating to sites and events; 

3 ‘‘(4) coordinate with local law enforcement 

4 agencies; and 

5 ‘‘(5) initiate criminal and other investigations 

6 into potential threats to the security of the Sec7 retary, in coordination with the Inspector General of 

8 the Department of Labor. 

9 ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en10 forcement officer or special agent employed under sub11 section (a) shall exercise any authority provided under this 

12 section in accordance with any— 

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

14 and 

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

16 Labor.’’. 

17 (b) This section shall be effective on the date of en18 actment of this Act. 

19 SEC. 114. The Secretary is authorized to dispose of 

20 or divest, by any means the Secretary determines appro21 priate, including an agreement or partnership to construct 

22 a new Job Corps center, all or a portion of the real prop23 erty on which the Treasure Island Job Corps Center is 

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

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1 ing to the disposition of Federal real property, including 

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

3 of the United States Code and subchapter V of chapter 

4 119 of title 42 of the United States Code. The net pro5 ceeds of such a sale shall be transferred to the Secretary, 

6 which shall be available until expended to carry out the 

7 Job Corps Program on Treasure Island. 

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

9 Act may be used to— 

10 (1) alter or terminate the Interagency Agree11 ment between the United States Department of 

12 Labor and the United States Department of Agri13 culture; or 

14 (2) close any of the Civilian Conservation Cen15 ters, except if such closure is necessary to prevent 

16 the endangerment of the health and safety of the 

17 students, the capacity of the program is retained, 

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

19 are met. 

20 SEC. 116. The paragraph under the heading ‘‘Work21 ing Capital Fund’’ in the Department of Labor Appropria22 tions Act, 1958, Public Law 85–67, 71 Stat. 210, as 

23 amended, is further amended by striking the third proviso 

24 and inserting in lieu thereof ‘‘That the Secretary of Labor 

25 may transfer to the Working Capital Fund, to remain 


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1 available for obligation for five fiscal years after the fiscal 

2 year of such transfer, annually an amount not to exceed 

3 $9,000,000 from unobligated balances in the Depart4 ment’s salaries and expenses accounts made available in 

5 Public Laws 115–245, 116–94, or 116–260, and annually 

6 an amount not to exceed $9,000,000 from unobligated bal7 ances in the Department’s discretionary grants accounts 

8 made available in Public Laws 115–245, 116–94, 116– 

9 260, for the acquisition of capital equipment and the im10 provement of financial management, information tech11 nology, infrastructure technology investment activities re12 lated to support systems and modernization, and other 

13 support systems: Provided further, That the Secretary of 

14 Labor may transfer to the Working Capital Fund, to re15 main available for obligation for five fiscal years after the 

16 fiscal year of such transfer, annually an amount not to 

17 exceed $18,000,000 from unobligated balances in the De18 partment’s salaries and expenses accounts made available 

19 in this Act and hereafter, and $18,000,000 from unobli20 gated balances in the Department’s discretionary grants 

21 accounts made available in this Act and hereafter for the 

22 acquisition of capital equipment and the improvement of 

23 financial management, information technology, infrastruc24 ture technology investment activities related to support 

25 systems and modernization, and other support systems:’’. 


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

2 Appropriations Act, 2022’’. 


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1 TITLE II 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 HEALTH RESOURCES AND SERVICES ADMINISTRATION

5 PRIMARY HEALTH CARE

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

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

8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,793,772,000: Provided, 

10 That no more than $1,000,000 shall be available until ex11 pended for carrying out the provisions of section 224(o) 

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

13 $120,000,000 shall be available until expended for car14 rying out subsections (g) through (n) and (q) of section 

15 224 of the PHS Act, and for expenses incurred by the 

16 Department of Health and Human Services (referred to 

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

18 made under such law. 

19 HEALTH WORKFORCE

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

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

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

23 Quality Improvement Act of 1986, $1,409,760,000: Pro24 vided, That sections 751(j)(2) and 762(k) of the PHS Act 

25 and the proportional funding amounts in paragraphs (1) 


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

2 apply to funds made available under this heading: Pro3 vided further, That for any program operating under sec4 tion 751 of the PHS Act on or before January 1, 2009, 

5 the Secretary of Health and Human Services (referred to 

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

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

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

9 of a grant under such section: Provided further, That fees 

10 collected for the disclosure of information under section 

11 427(b) of the Health Care Quality Improvement Act of 

12 1986 and sections 1128E(d)(2) and 1921 of the Social 

13 Security Act shall be sufficient to recover the full costs 

14 of operating the programs authorized by such sections and 

15 shall remain available until expended for the National 

16 Practitioner Data Bank: Provided further, That funds 

17 transferred to this account to carry out section 846 and 

18 subpart 3 of part D of title III of the PHS Act may be 

19 used to make prior year adjustments to awards made 

20 under such section and subpart: Provided further, That 

21 $150,000,000 shall remain available until expended for 

22 the purposes of providing primary health services, assign23 ing National Health Service Corps (‘‘NHSC’’) members 

24 to expand the delivery of substance use disorder treatment 

25 services, notwithstanding the assignment priorities and 


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1 limitations under sections 333(a)(1)(D), 333(b), and 

2 333A(a)(1)(B)(ii) of the PHS Act, and making payments 

3 under the NHSC Loan Repayment Program under section 

4 338B of such Act: Provided further, That, within the 

5 amount made available in the previous proviso, 

6 $15,000,000 shall remain available until expended for the 

7 purposes of making payments under the NHSC Loan Re8 payment Program under section 338B of the PHS Act 

9 to individuals participating in such program who provide 

10 primary health services in Indian Health Service facilities, 

11 Tribally-Operated 638 Health Programs, and Urban In12 dian Health Programs (as those terms are defined by the 

13 Secretary), notwithstanding the assignment priorities and 

14 limitations under section 333(b) of such Act: Provided fur15 ther, That for purposes of the previous two provisos, sec16 tion 331(a)(3)(D) of the PHS Act shall be applied as if 

17 the term ‘‘primary health services’’ includes clinical sub18 stance use disorder treatment services, including those 

19 provided by masters level, licensed substance use disorder 

20 treatment counselors: Provided further, That of the funds 

21 made available under this heading, $5,000,000 shall be 

22 available to make grants to establish or expand optional 

23 community-based nurse practitioner fellowship programs 

24 that are accredited or in the accreditation process, with 

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1 ters, for practicing postgraduate nurse practitioners in 

2 primary care or behavioral health. 

3 Of the funds made available under this heading, 

4 $50,000,000 shall remain available until expended for 

5 grants to public institutions of higher education to expand 

6 or support graduate education for physicians provided by 

7 such institutions: Provided, That, in awarding such 

8 grants, the Secretary shall give priority to public institu9 tions of higher education located in States with a projected 

10 primary care provider shortage in 2025, as determined by 

11 the Secretary: Provided further, That grants so awarded 

12 are limited to such public institutions of higher education 

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

14 primary care provider shortage in 2025, as determined by 

15 the Secretary: Provided further, That the minimum 

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

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

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

19 exceed 5 years: Provided further, That such a grant award20 ed with respect to a year to such an institution shall be 

21 subject to a matching requirement of non-Federal funds 

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

23 amount of Federal funds provided in the grant to such 

24 institution with respect to such year. 


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1 MATERNAL AND CHILD HEALTH

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

3 PHS Act with respect to maternal and child health and 

4 title V of the Social Security Act, $1,156,084,000: Pro5 vided, That notwithstanding sections 502(a)(1) and 

6 502(b)(1) of the Social Security Act, not more than 

7 $255,116,000 shall be available for carrying out special 

8 projects of regional and national significance pursuant to 

9 section 501(a)(2) of such Act and $10,276,000 shall be 

10 available for projects described in subparagraphs (A) 

11 through (F) of section 501(a)(3) of such Act. 

12 RYAN WHITE HIV/AIDS PROGRAM

13 For carrying out title XXVI of the PHS Act with 

14 respect to the Ryan White HIV/AIDS program, 

15 $2,554,781,000, of which $2,005,881,000 shall remain 

16 available to the Secretary through September 30, 2023, 

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

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

19 AIDS Drug Assistance Programs under the authority of 

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

21 $190,000,000, to remain available until expended, shall be 

22 available to the Secretary for carrying out a program of 

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

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

25 epidemic, with any grants issued under such section 


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1 311(c) administered in conjunction with title XXVI of the 

2 PHS Act, including the limitation on administrative ex3 penses. 

4 HEALTH CARE SYSTEMS

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

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

7 Therapeutic and Research Act of 2005, $137,093,000, of 

8 which $122,000 shall be available until expended for facili9 ties-related expenses of the National Hansen’s Disease 

10 Program. 

11 RURAL HEALTH

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

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

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

15 711 and 1820 of the Social Security Act, $402,709,000, 

16 of which $57,509,000 from general revenues, notwith17 standing section 1820(j) of the Social Security Act, shall 

18 be available for carrying out the Medicare rural hospital 

19 flexibility grants program: Provided, That of the funds 

20 made available under this heading for Medicare rural hos21 pital flexibility grants, $20,942,000 shall be available for 

22 the Small Rural Hospital Improvement Grant Program 

23 for quality improvement and adoption of health informa24 tion technology and up to $1,000,000 shall be to carry 

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


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1 funds provided for grants under section 1820(g)(6) avail2 able for the purchase and implementation of telehealth 

3 services, including pilots and demonstrations on the use 

4 of electronic health records to coordinate rural veterans 

5 care between rural providers and the Department of Vet6 erans Affairs electronic health record system: Provided 

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

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

9 Rural Health: Provided further, That $12,700,000 shall 

10 remain available through September 30, 2024, to support 

11 the Rural Residency Development Program: Provided fur12 ther, That $165,000,000 shall be for the Rural Commu13 nities Opioids Response Program. 

14 FAMILY PLANNING

15 For carrying out the program under title X of the 

16 PHS Act to provide for voluntary family planning 

17 projects, $500,000,000: Provided, That amounts provided 

18 to said projects under such title shall not be expended for 

19 abortions, that all pregnancy counseling shall be nondirec20 tive, and that such amounts shall not be expended for any 

21 activity (including the publication or distribution of lit22 erature) that in any way tends to promote public support 

23 or opposition to any legislative proposal or candidate for 

24 public office: Provided further, That all entities funded 

25 under this heading shall provide clinical services consistent 


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1 with nationally recognized clinical standards: Provided fur2 ther, That projects funded under section 1001 of the PHS 

3 Act shall provide the full range of contraceptive methods 

4 approved by the Food and Drug Administration: Provided 

5 further, That all patients served under title X of the PHS 

6 Act with a positive pregnancy test shall be given the op7 portunity to be provided information and counseling re8 garding: (1) prenatal care and delivery; (2) infant care, 

9 foster care, and adoption; and (3) pregnancy termination: 

10 Provided further, That if such a patient requests informa11 tion specified in the preceding proviso, such patient shall 

12 be provided with neutral, factual information and non13 directive counseling on each such option, including referral 

14 upon request, except with respect to any option about 

15 which the patient indicates no interest in receiving such 

16 information and counseling. 

17 PROGRAM MANAGEMENT

18 For program support in the Health Resources and 

19 Services Administration, $893,127,000: Provided, That 

20 funds made available under this heading may be used to 

21 supplement program support funding provided under the 

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

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

24 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’: 

25 Provided further, That of the amount made available 


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1 under this heading, $727,956,000 shall be used for the 

2 projects financing the construction and renovation (includ3 ing equipment) of health care and other facilities, and for 

4 the projects financing one-time grants that support activi5 ties funded under headings listed in the preceding proviso, 

6 and in the amounts, specified in the explanatory statement 

7 accompanying this Act: Provided further, That none of the 

8 funds made available for projects described in the pre9 ceding proviso shall be subject to section 241 of the PHS 

10 Act or section 205 of this Act. 

11 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

12 For payments from the Vaccine Injury Compensation 

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

14 may be necessary for claims associated with vaccine-re15 lated injury or death with respect to vaccines administered 

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

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

18 Provided, That for necessary administrative expenses, not 

19 to exceed $16,200,000 shall be available from the Trust 

20 Fund to the Secretary. 

21 COVERED COUNTERMEASURES PROCESS FUND

22 For carrying out section 319F–4 of the PHS Act, 

23 $5,000,000, to remain available until expended. 


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1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 IMMUNIZATION AND RESPIRATORY DISEASES

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

4 section 2821 of the PHS Act, titles II and IV of the Immi5 gration and Nationality Act, and section 501 of the Ref6 ugee Education Assistance Act, with respect to immuniza7 tion and respiratory diseases, $526,580,000. 

8 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

9 DISEASES, AND TUBERCULOSIS PREVENTION

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

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

12 sexually transmitted diseases, and tuberculosis prevention, 

13 $1,436,056,000. 

14 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

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

16 2821 of the PHS Act, titles II and IV of the Immigration 

17 and Nationality Act, and section 501 of the Refugee Edu18 cation Assistance Act, with respect to emerging and 

19 zoonotic infectious diseases, $674,272,000: Provided, That 

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

21 $1,000,000 shall remain available until expended to pay 

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

23 related costs of persons quarantined or isolated under 

24 Federal or State quarantine law. 


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1 CHRONIC DISEASE PREVENTION AND HEALTH

2 PROMOTION

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

4 XIX of the PHS Act with respect to chronic disease pre5 vention and health promotion, $1,254,714,000: Provided, 

6 That funds made available under this heading may be 

7 available for making grants under section 1509 of the 

8 PHS Act for not less than 21 States, tribes, or tribal orga9 nizations: Provided further, That of the funds made avail10 able under this heading, $15,000,000 shall be available to 

11 continue and expand community specific extension and 

12 outreach programs to combat obesity in counties with the 

13 highest levels of obesity: Provided further, That the pro14 portional funding requirements under section 1503(a) of 

15 the PHS Act shall not apply to funds made available 

16 under this heading. 

17 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

18 DISABILITIES AND HEALTH

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

20 PHS Act with respect to birth defects, developmental dis21 abilities, disabilities and health, $184,560,000. 

22 PUBLIC HEALTH SCIENTIFIC SERVICES

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

24 Act with respect to health statistics, surveillance, health 

25 informatics, and workforce development, $609,997,000: 


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1 Provided, That in addition to amounts provided herein, 

2 $132,000,000 is available to this appropriation, for the 

3 purposes under this heading, from amounts provided pur4 suant to section 241 of the PHS Act. 

5 ENVIRONMENTAL HEALTH

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

7 Act with respect to environmental health, $309,350,000: 

8 Provided, That in addition to amounts provided herein, 

9 $7,000,000 is available to this appropriation, for the pur10 poses under this heading, from amounts provided pursu11 ant to section 241 of the PHS Act. 

12 INJURY PREVENTION AND CONTROL

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

14 Act with respect to injury prevention and control, 

15 $1,050,169,000. 

16 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

17 HEALTH

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

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

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

21 of the Mine Improvement and New Emergency Response 

22 Act, and sections 20, 21, and 22 of the Occupational Safe23 ty and Health Act, with respect to occupational safety and 

24 health, $347,300,000. 


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1 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

2 COMPENSATION PROGRAM

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $55,358,000, to remain available until expended: Pro6 vided, That this amount shall be available consistent with 

7 the provision regarding administrative expenses in section 

8 151(b) of division B, title I of Public Law 106–554. 

9 GLOBAL HEALTH

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

11 Act with respect to global health, $597,843,000, of which: 

12 (1) $128,421,000 shall remain available through Sep13 tember 30, 2023 for international HIV/AIDS; and (2) 

14 $203,200,000 shall remain available through September 

15 30, 2024 for global public health protection: Provided, 

16 That funds may be used for purchase and insurance of 

17 official motor vehicles in foreign countries. 

18 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

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

20 Act with respect to public health preparedness and re21 sponse, and for expenses necessary to support activities 

22 related to countering potential biological, nuclear, radio23 logical, and chemical threats to civilian populations, 

24 $862,200,000: Provided, That the Director of the Centers 

25 for Disease Control and Prevention (referred to in this 


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

2 Toxic Substances and Disease Registry may detail staff 

3 without reimbursement to support an activation of the 

4 CDC Emergency Operations Center, so long as the Direc5 tor or Administrator, as applicable, provides a notice to 

6 the Committees on Appropriations of the House of Rep7 resentatives and the Senate within 15 days of the use of 

8 this authority, a full report within 30 days after use of 

9 this authority which includes the number of staff and 

10 funding level broken down by the originating center and 

11 number of days detailed, and an update of such report 

12 every 180 days until staff are no longer on detail without 

13 reimbursement to the CDC Emergency Operations Center. 

14 BUILDINGS AND FACILITIES

15 (INCLUDING TRANSFER OF FUNDS)

16 For acquisition of real property, equipment, construc17 tion, installation, demolition, and renovation of facilities, 

18 $50,000,000, which shall remain available until September 

19 30, 2026: Provided, That funds made available to this ac20 count in this or any prior Act that are available for the 

21 acquisition of real property or for construction or improve22 ment of facilities shall be available to make improvements 

23 on non-federally owned property, provided that any im24 provements that are not adjacent to federally owned prop25 erty do not exceed $2,500,000, and that the primary benVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 efit of such improvements accrues to CDC: Provided fur2 ther, That funds previously set-aside by CDC for repair 

3 and upgrade of the Lake Lynn Experimental Mine and 

4 Laboratory shall be used to acquire a replacement mine 

5 safety research facility: Provided further, That funds made 

6 available to this account in this or any prior Act that are 

7 available for the acquisition of real property or for con8 struction or improvement of facilities in conjunction with 

9 the new replacement mine safety research facility shall be 

10 available to make improvements on non-federally owned 

11 property, provided that any improvements that are not ad12 jacent to federally owned property do not exceed 

13 $5,000,000: Provided further, That in addition, the prior 

14 year unobligated balance of any amounts assigned to 

15 former employees in accounts of CDC made available for 

16 Individual Learning Accounts shall be credited to and 

17 merged with the amounts made available under this head18 ing to support the replacement of the mine safety research 

19 facility. 

20 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

21 (INCLUDING TRANSFER OF FUNDS)

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

23 section 2821 of the PHS Act and for cross-cutting activi24 ties and program support for activities funded in other 

25 appropriations included in this Act for the Centers for 


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1 Disease Control and Prevention, $733,570,000, of which 

2 $600,000,000 shall remain available through September 

3 30, 2024, for public health infrastructure capacity: Pro4 vided, That paragraphs (1) through (3) of subsection (b) 

5 of section 2821 of the PHS Act shall not apply to funds 

6 appropriated under this heading and in all other accounts 

7 of the CDC: Provided further, That of the amounts made 

8 available under this heading, $15,000,000, to remain 

9 available until expended, shall be available to the Director 

10 of the CDC for deposit in the Infectious Diseases Rapid 

11 Response Reserve Fund established by section 231 of divi12 sion B of Public Law 115–245: Provided further, That 

13 funds appropriated under this heading may be used to 

14 support a contract for the operation and maintenance of 

15 an aircraft in direct support of activities throughout CDC 

16 to ensure the agency is prepared to address public health 

17 preparedness emergencies: Provided further, That employ18 ees of CDC or the Public Health Service, both civilian and 

19 commissioned officers, detailed to States, municipalities, 

20 or other organizations under authority of section 214 of 

21 the PHS Act, or in overseas assignments, shall be treated 

22 as non-Federal employees for reporting purposes only and 

23 shall not be included within any personnel ceiling applica24 ble to the Agency, Service, or HHS during the period of 

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


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

2 Act for official reception and representation expenses 

3 when specifically approved by the Director of CDC: Pro4 vided further, That in addition, such sums as may be de5 rived from authorized user fees, which shall be credited 

6 to the appropriation charged with the cost thereof: Pro7 vided further, That with respect to the previous proviso, 

8 authorized user fees from the Vessel Sanitation Program 

9 and the Respirator Certification Program shall be avail10 able through September 30, 2023. 

11 NATIONAL INSTITUTES OF HEALTH

12 NATIONAL CANCER INSTITUTE

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

14 Act with respect to cancer, $6,578,469,000, of which up 

15 to $30,000,000 may be used for facilities repairs and im16 provements at the National Cancer Institute—Frederick 

17 Federally Funded Research and Development Center in 

18 Frederick, Maryland. 

19 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

21 Act with respect to cardiovascular, lung, and blood dis22 eases, and blood and blood products, $3,841,998,000. 


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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 $515,720,000. 

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, $2,217,136,000. 

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 $2,710,096,000. 

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 $6,342,756,000. 

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 $3,067,557,000, of which $1,214,505,000 shall be from 

25 funds available under section 241 of the PHS Act: ProVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 vided, That not less than $410,453,000 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 $1,678,970,000. 

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 $857,868,000. 

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 $936,271,000. 

17 NATIONAL INSTITUTE ON AGING

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

19 Act with respect to aging, $4,180,838,000. 

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, $675,106,000. 


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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, $511,280,000. 

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, $199,595,000. 

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 $569,633,000. 

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, $1,832,906,000. 

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, $2,142,900,000. 

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 $634,598,000. 


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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, $421,617,000. 

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 $184,249,000. 

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, $651,101,000. 

16 JOHN E. FOGARTY INTERNATIONAL CENTER

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

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

19 title IV of the PHS Act), $96,268,000. 

20 NATIONAL LIBRARY OF MEDICINE

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

22 Act with respect to health information communications, 

23 $476,074,000: Provided, That of the amounts available for 

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

25 available until September 30, 2023: Provided further, That 


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1 in fiscal year 2022, the National Library of Medicine may 

2 enter into personal services contracts for the provision of 

3 services in facilities owned, operated, or constructed under 

4 the jurisdiction of the National Institutes of Health (re5 ferred to in this title as ‘‘NIH’’). 

6 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

7 SCIENCES

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

9 Act with respect to translational sciences, $878,072,000: 

10 Provided, That up to $60,000,000 shall be available to im11 plement section 480 of the PHS Act, relating to the Cures 

12 Acceleration Network: Provided further, That at least 

13 $600,925,000 is provided to the Clinical and Translational 

14 Sciences Awards program. 

15 OFFICE OF THE DIRECTOR

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out the responsibilities of the Office of 

18 the Director, NIH, $2,538,213,000: Provided, That fund19 ing shall be available for the purchase of not to exceed 

20 29 passenger motor vehicles for replacement only: Pro21 vided further, That all funds credited to the NIH Manage22 ment Fund shall remain available for one fiscal year after 

23 the fiscal year in which they are deposited: Provided fur24 ther, That $180,000,000 shall be for the Environmental 

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1 ther, That $651,202,000 shall be available for the Com2 mon Fund established under section 402A(c)(1) of the 

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

4 $10,000 shall be for official reception and representation 

5 expenses when specifically approved by the Director of the 

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

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

8 up to $8,000,000 to make grants for construction or ren9 ovation of facilities as provided for in section 

10 2354(a)(5)(B) of the PHS Act: Provided further, That 

11 $80,000,000 shall be used to carry out section 404I of 

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

13 behavioral research facilities: Provided further, That 

14 $5,000,000 shall be transferred to and merged with the 

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

16 oversight of grant programs and operations of the NIH, 

17 including agency efforts to ensure the integrity of its grant 

18 application evaluation and selection processes, and shall 

19 be in addition to funds otherwise made available for over20 sight of the NIH: Provided further, That the funds pro21 vided in the previous proviso may be transferred from one 

22 specified activity to another with 15 days prior approval 

23 of the Committees on Appropriations of the House of Rep24 resentatives and the Senate: Provided further, That the In25 spector General shall consult with the Committees on ApVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 propriations of the House of Representatives and the Sen2 ate before submitting to the Committees an audit plan for 

3 fiscal years 2022 and 2023 no later than 30 days after 

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

5 amounts made available under this heading are also avail6 able to establish, operate, and support the Research Policy 

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

8 Cures Act: Provided further, That the funds made avail9 able under this heading for the Office of Research on 

10 Women’s Health shall also be available for making grants, 

11 and the Director of such Office may, in making such 

12 grants, use the authorities available to NIH Institutes and 

13 Centers. 

14 In addition to other funds appropriated for the Com15 mon Fund established under section 402A(c) of the PHS 

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

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

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

20 which $3,000,000 shall be derived from the 10-year Pedi21 atric Research Initiative Fund described in section 9008 

22 of the Internal Revenue Code of 1986 (26 U.S.C. 9008). 

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 $275,000,000, to remain available through September 30, 

3 2026. 

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 $496,000,000, 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 ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH

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

3 Act with respect to advanced research projects for health, 

4 $2,400,000,000, to remain available through September 

5 30, 2024: Provided, That such funds shall only be made 

6 available if legislation specifically establishing the Ad7 vanced Research Projects Agency for Health (‘‘ARPA– 

8 H’’) is enacted into law: Provided further, That the Direc9 tor of ARPA–H may utilize all of the authorities and proc10 esses established under section 24 of the Stevenson11 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

12 3719) to support prize competitions: Provided further, 

13 That research funded by amounts made available under 

14 this heading shall not be subject to the requirements of 

15 sections 406(a)(3)(A)(ii) or 492 of the PHS Act: Provided 

16 further, That the Director of ARPA–H may enter into a 

17 multi-year contract, with amounts made available under 

18 this heading, if— 

19 (1) funds are available and obligated for the 

20 contract, for the full period of the contract or for the 

21 first fiscal year in which the contract is in effect, 

22 and for the estimated costs associated with a nec23 essary termination of the contract; 

24 (2) the Director determines that a multiyear 

25 contract will serve the best interests of the Federal 


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1 Government in carrying out the responsibilities of 

2 ARPA–H; and 

3 (3) the contract includes a clause that provides 

4 that the contract shall be terminated if funds are 

5 not made available for the continuation of the con6 tract in a fiscal year covered by the contract: 

7 Provided further, That funds available for paying termi8 nation costs pursuant to the previous proviso shall remain 

9 available for that purpose until the costs associated with 

10 termination of the contract are paid. 

11 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

12 ADMINISTRATION

13 MENTAL HEALTH

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

15 Act with respect to mental health, the Protection and Ad16 vocacy for Individuals with Mental Illness Act, and the 

17 SUPPORT for Patients and Communities Act, 

18 $2,937,489,000: Provided, That of the funds made avail19 able under this heading, $81,887,000 shall be for the Na20 tional Child Traumatic Stress Initiative: Provided further, 

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

22 no funds appropriated for carrying out section 520A shall 

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

24 Provided further, That in addition to amounts provided 

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


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1 of the PHS Act to carry out subpart I of part B of title 

2 XIX of the PHS Act to fund section 1920(b) technical 

3 assistance, national data, data collection and evaluation 

4 activities, and further that the total available under this 

5 Act for section 1920(b) activities shall not exceed 5 per6 cent of the amounts appropriated for subpart I of part 

7 B of title XIX: Provided further, That of the funds made 

8 available under this heading for subpart I of part B of 

9 title XIX of the PHS Act, at least 5 percent shall be avail10 able to support evidence-based crisis systems: Provided 

11 further, That up to 10 percent of the amounts made avail12 able to carry out the Children’s Mental Health Services 

13 program may be used to carry out demonstration grants 

14 or contracts for early interventions with persons not more 

15 than 25 years of age at clinical high risk of developing 

16 a first episode of psychosis: Provided further, That section 

17 520E(b)(2) of the PHS Act shall not apply to funds ap18 propriated in this Act for fiscal year 2022: Provided fur19 ther, That States shall expend at least 10 percent of the 

20 amount each receives for carrying out section 1911 of the 

21 PHS Act to support evidence-based programs that address 

22 the needs of individuals with early serious mental illness, 

23 including psychotic disorders, regardless of the age of the 

24 individual at onset: Provided further, That $350,000,000 

25 shall be available until September 30, 2024 for grants to 


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1 communities and community organizations who meet cri2 teria for Certified Community Behavioral Health Clinics 

3 pursuant to section 223(a) of Public Law 113–93: Pro4 vided further, That none of the funds provided for section 

5 1911 of the PHS Act shall be subject to section 241 of 

6 such Act: Provided further, That of the funds made avail7 able under this heading, $21,420,000 shall be to carry out 

8 section 224 of the Protecting Access to Medicare Act of 

9 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note): 

10 Provided further, That of the funds made available under 

11 this heading $25,000,000 shall be used by the Secretary 

12 for activities described in section 7134 of Public Law 115– 

13 271: Provided further, That notwithstanding sections 

14 1911(b) and 1912 of the PHS Act, amounts made avail15 able under this heading for subpart I of part B of title 

16 XIX of such Act shall also be available to support evi17 dence-based programs that address early intervention and 

18 prevention of mental disorders among at-risk children and 

19 adults: Provided further, That States shall expend at least 

20 10 percent of the amount each receives for carrying out 

21 section 1911 of the PHS Act to support evidence-based 

22 programs that address early intervention and prevention 

23 of mental disorders among at-risk children and adults: 

24 Provided further, That notwithstanding section 1912 of 

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1 tion 1911(b) of the PHS Act shall also include the evi2 dence-based programs described in the preceding proviso, 

3 pursuant to plan criteria established by the Secretary. 

4 SUBSTANCE ABUSE TREATMENT

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

6 with respect to substance abuse treatment and title XIX 

7 of such Act with respect to substance abuse treatment and 

8 prevention, and the SUPPORT for Patients and Commu9 nities Act, $5,570,243,000: Provided, That 

10 $2,000,000,000 shall be for State Opioid Response Grants 

11 for carrying out activities pertaining to opioids and stimu12 lants undertaken by the State agency responsible for ad13 ministering the substance abuse prevention and treatment 

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

15 the PHS Act (42 U.S.C. 300x–21 et seq.): Provided fur16 ther, That of such amount $75,000,000 shall be made 

17 available to Indian Tribes or tribal organizations: Provided 

18 further, That 15 percent of the remaining amount shall 

19 be for the States with the highest mortality rate related 

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

21 amounts provided for State Opioid Response Grants not 

22 more than 2 percent shall be available for Federal admin23 istrative expenses, training, technical assistance, and eval24 uation: Provided further, That of the amount not reserved 

25 by the previous three provisos, the Secretary shall make 


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1 allocations to States, territories, and the District of Co2 lumbia according to a formula using national survey re3 sults that the Secretary determines are the most objective 

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

5 Provided further, That the Secretary shall submit the for6 mula methodology to the Committees on Appropriations 

7 of the House of Representatives and the Senate not less 

8 than 15 days prior to publishing a Funding Opportunity 

9 Announcement: Provided further, That prevention and 

10 treatment activities funded through such grants may in11 clude education, treatment (including the provision of 

12 medication), behavioral health services for individuals in 

13 treatment programs, referral to treatment services, recov14 ery support, and medical screening associated with such 

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

16 the District of Columbia, shall receive not less than 

17 $4,000,000: Provided further, That in addition to amounts 

18 provided herein, the following amounts shall be available 

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

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

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

22 data, data collection and evaluation activities, and further 

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

24 activities shall not exceed 5 percent of the amounts appro25 priated for subpart II of part B of title XIX; and (2) 


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1 $2,000,000 to evaluate substance abuse treatment pro2 grams: Provided further, That each State that receives 

3 funds appropriated under this heading for carrying out 

4 subpart II of part B of title XIX of the PHS Act shall 

5 expend not less than 10 percent of such funds for recovery 

6 support services: Provided further, That none of the funds 

7 provided for section 1921 of the PHS Act or State Opioid 

8 Response Grants shall be subject to section 241 of such 

9 Act. 

10 SUBSTANCE ABUSE PREVENTION

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

12 with respect to substance abuse prevention, $245,667,000. 

13 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

14 For program support and cross-cutting activities that 

15 supplement activities funded under the headings ‘‘Mental 

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

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

18 of the PHS Act and the Protection and Advocacy for Indi19 viduals with Mental Illness Act in the Substance Abuse 

20 and Mental Health Services Administration, 

21 $204,013,000: Provided, That of the amount made avail22 able under this heading, $65,068,000 shall be used for the 

23 projects, and in the amounts, specified in the explanatory 

24 statement accompanying this Act: Provided further, That 

25 none of the funds made available for projects described 


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1 in the preceding proviso shall be subject to section 241 

2 of the PHS Act or section 205 of this Act: Provided fur3 ther, That in addition to amounts provided herein, 

4 $31,428,000 shall be available under section 241 of the 

5 PHS Act to supplement funds available to carry out na6 tional surveys on drug abuse and mental health, to collect 

7 and analyze program data, and to conduct public aware8 ness and technical assistance activities: Provided further, 

9 That, in addition, fees may be collected for the costs of 

10 publications, data, data tabulations, and data analysis 

11 completed under title V of the PHS Act and provided to 

12 a public or private entity upon request, which shall be 

13 credited to this appropriation and shall remain available 

14 until expended for such purposes: Provided further, That 

15 amounts made available in this Act for carrying out sec16 tion 501(o) of the PHS Act shall remain available through 

17 September 30, 2023: Provided further, That funds made 

18 available under this heading (other than amounts specified 

19 in the first proviso under this heading) may be used to 

20 supplement program support funding provided under the 

21 headings ‘‘Mental Health’’, ‘‘Substance Abuse Treat22 ment’’, and ‘‘Substance Abuse Prevention’’. 


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1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

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

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

5 1013 of the Medicare Prescription Drug, Improvement, 

6 and Modernization Act of 2003, $353,000,000: Provided, 

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

8 fiscal year 2022: Provided further, That, in addition to 

9 amounts provided herein, $27,000,000 shall be available 

10 to this appropriation, for the purposes under this heading, 

11 from amounts provided pursuant to section 241 of the 

12 PHS Act: Provided further, That in addition, amounts re13 ceived from Freedom of Information Act fees, reimburs14 able and interagency agreements, and the sale of data 

15 shall be credited to this appropriation and shall remain 

16 available until September 30, 2023. 

17 CENTERS FOR MEDICARE & MEDICAID SERVICES

18 GRANTS TO STATES FOR MEDICAID

19 For carrying out, except as otherwise provided, titles 

20 XI and XIX of the Social Security Act, $368,666,106,000, 

21 to remain available until expended. 

22 For making, after May 31, 2022, payments to States 

23 under title XIX or in the case of section 1928 on behalf 

24 of States under title XIX of the Social Security Act for 

25 the last quarter of fiscal year 2022 for unanticipated costs 


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1 incurred for the current fiscal year, such sums as may be 

2 necessary. 

3 For making payments to States or in the case of sec4 tion 1928 on behalf of States under title XIX of the Social 

5 Security Act for the first quarter of fiscal year 2023, 

6 $165,722,018,000, to remain available until expended. 

7 Payment under such title XIX may be made for any 

8 quarter with respect to a State plan or plan amendment 

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

10 such quarter and approved in that or any subsequent 

11 quarter. 

12 PAYMENTS TO THE HEALTH CARE TRUST FUNDS

13 For payment to the Federal Hospital Insurance 

14 Trust Fund and the Federal Supplementary Medical In15 surance Trust Fund, as provided under sections 217(g), 

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

17 103(c) and 111(d) of the Social Security Amendments of 

18 1965, section 278(d)(3) of Public Law 97–248, and for 

19 administrative expenses incurred pursuant to section 

20 201(g) of the Social Security Act, $487,862,000,000. 

21 In addition, for making matching payments under 

22 section 1844 and benefit payments under section 1860D– 

23 16 of the Social Security Act that were not anticipated 

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


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1 PROGRAM MANAGEMENT

2 For carrying out, except as otherwise provided, titles 

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

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

5 Improvement Amendments of 1988, and other responsibil6 ities of the Centers for Medicare & Medicaid Services, not 

7 to exceed $4,250,843,000, to be transferred from the Fed8 eral Hospital Insurance Trust Fund and the Federal Sup9 plementary Medical Insurance Trust Fund, as authorized 

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

11 all funds collected in accordance with section 353 of the 

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

13 Act, funds retained by the Secretary pursuant to section 

14 1893(h) of the Social Security Act, and such sums as may 

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

16 which shall be credited to this account and remain avail17 able until expended: Provided, That all funds derived in 

18 accordance with 31 U.S.C. 9701 from organizations estab19 lished under title XIII of the PHS Act shall be credited 

20 to and available for carrying out the purposes of this ap21 propriation: Provided further, That the Secretary is di22 rected to collect fees in fiscal year 2022 from Medicare 

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

24 of the Social Security Act and from eligible organizations 

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


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1 pursuant to section 1876(k)(4)(D) of that Act: Provided 

2 further, That of the amount made available under this 

3 heading, $472,163,000 shall remain available until Sep4 tember 30, 2023, and shall be available for the Survey 

5 and Certification Program: Provided further, That 

6 amounts available under this heading to support quality 

7 improvement organizations (as defined in section 1152 of 

8 the Social Security Act) shall not exceed the amount spe9 cifically provided for such purpose under this heading in 

10 division H of the Consolidated Appropriations Act, 2018 

11 (Public Law 115–141). 

12 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

13 In addition to amounts otherwise available for pro14 gram integrity and program management, $873,000,000, 

15 to remain available through September 30, 2023, to be 

16 transferred from the Federal Hospital Insurance Trust 

17 Fund and the Federal Supplementary Medical Insurance 

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

19 Security Act, of which $675,933,000 shall be for the Cen20 ters for Medicare & Medicaid Services program integrity 

21 activities, of which $102,145,000 shall be for the Depart22 ment of Health and Human Services Office of Inspector 

23 General to carry out fraud and abuse activities authorized 

24 by section 1817(k)(3) of such Act, and of which 

25 $94,922,000 shall be for the Department of Justice to 


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1 carry out fraud and abuse activities authorized by section 

2 1817(k)(3) of such Act: Provided, That the report re3 quired by section 1817(k)(5) of the Social Security Act 

4 for fiscal year 2022 shall include measures of the oper5 ational efficiency and impact on fraud, waste, and abuse 

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

7 funds provided by this appropriation: Provided further, 

8 That of the amount provided under this heading, 

9 $317,000,000 is provided to meet the terms of section 

10 4004(b)(3)(B) and section 4005(c)(2) of S. Con. Res. 14 

11 (117th Congress), the concurrent resolution on the budget 

12 for fiscal year 2022, and $556,000,000 is additional new 

13 budget authority specified for purposes of section 

14 4004(b)(3) and section 4005(c) of such resolution: Pro15 vided further, That the Secretary shall provide not less 

16 than $30,000,000 from amounts made available under 

17 this heading and amounts made available for fiscal year 

18 2022 under section 1817(k)(3)(A) of the Social Security 

19 Act for the Senior Medicare Patrol program to combat 

20 health care fraud and abuse. 

21 ADMINISTRATION FOR CHILDREN AND FAMILIES

22 PAYMENTS TO STATES FOR CHILD SUPPORT

23 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

24 For carrying out, except as otherwise provided, titles 

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


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1 and the Act of July 5, 1960, $2,795,044,000, to remain 

2 available until expended; and for such purposes for the 

3 first quarter of fiscal year 2023, $1,300,000,000, to re4 main available until expended. 

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

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

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

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

9 year for unanticipated costs, incurred for the current fiscal 

10 year, such sums as may be necessary. 

11 LOW INCOME HOME ENERGY ASSISTANCE

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

13 of section 2602 of the Low-Income Home Energy Assist14 ance Act of 1981 (42 U.S.C. 8621 et seq.), 

15 $3,925,304,000: Provided, That notwithstanding section 

16 2609A(a) of such Act, not more than $4,600,000 may be 

17 reserved by the Secretary for technical assistance, train18 ing, and monitoring of program activities for compliance 

19 with internal controls, policies and procedures, and to sup20 plement funding otherwise available for necessary admin21 istrative expenses to carry out such Act, and the Secretary 

22 may, in addition to the authorities provided in section 

23 2609A(a)(1), use such funds through contracts with pri24 vate entities that do not qualify as nonprofit organiza25 tions: Provided further, That all but $847,500,000 of the 


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1 amount appropriated under this heading shall be allocated 

2 as though the total appropriation for such payments for 

3 fiscal year 2022 was less than $1,975,000,000: Provided 

4 further, That, after applying all applicable provisions of 

5 section 2604 of such Act and the previous proviso, each 

6 State or territory that would otherwise receive an alloca7 tion that is less than 97 percent of the amount that it 

8 received under this heading for fiscal year 2021 from 

9 amounts appropriated in Public Law 116–260 shall have 

10 its allocation increased to that 97 percent level, with the 

11 portions of other States’ and territories’ allocations that 

12 would exceed 100 percent of the amounts they respectively 

13 received in such fashion for fiscal year 2021 being ratably 

14 reduced. 

15 REFUGEE AND ENTRANT ASSISTANCE

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses for refugee and entrant as18 sistance activities authorized by section 414 of the Immi19 gration and Nationality Act and section 501 of the Ref20 ugee Education Assistance Act of 1980, and for carrying 

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

22 section 235 of the William Wilberforce Trafficking Victims 

23 Protection Reauthorization Act of 2008, the Trafficking 

24 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor25 ture Victims Relief Act of 1998, $6,021,480,000, of which 


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1 $5,925,000,000 shall remain available through September 

2 30, 2024 for carrying out such sections 414, 501, 462, 

3 and 235 and $30,000,000 shall remain available until ex4 pended for the purposes authorized in section 235 of this 

5 title: Provided, That amounts available under this heading 

6 to carry out the TVPA shall also be available for research 

7 and evaluation with respect to activities under such Act: 

8 Provided further, That the limitation in section 205 of this 

9 Act regarding transfers increasing any appropriation shall 

10 apply to transfers to appropriations under this heading by 

11 substituting ‘‘15 percent’’ for ‘‘3 percent’’: Provided fur12 ther, That the contribution of funds requirement under 

13 section 235(c)(6)(C)(iii) of the William Wilberforce Traf14 ficking Victims Protection Reauthorization Act of 2008 

15 shall not apply to funds made available under this head16 ing. 

17 PAYMENTS TO STATES FOR THE CHILD CARE AND

18 DEVELOPMENT BLOCK GRANT

19 For carrying out the Child Care and Development 

20 Block Grant Act of 1990 (‘‘CCDBG Act’’), 

21 $7,311,000,000 shall be used to supplement, not supplant 

22 State general revenue funds for child care assistance for 

23 low-income families: Provided, That technical assistance 

24 under section 658I(a)(3) of such Act may be provided di25 rectly, or through the use of contracts, grants, cooperative 


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1 agreements, or interagency agreements: Provided further, 

2 That all funds made available to carry out section 418 

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

4 funds appropriated for that purpose in such section 418 

5 or any other provision of law, shall be subject to the res6 ervation of funds authority in paragraphs (4) and (5) of 

7 section 658O(a) of the CCDBG Act: Provided further, 

8 That in addition to the amounts required to be reserved 

9 by the Secretary under section 658O(a)(2)(A) of such Act, 

10 $177,330,000 shall be for Indian tribes and tribal organi11 zations. 

12 SOCIAL SERVICES BLOCK GRANT

13 For making grants to States pursuant to section 

14 2002 of the Social Security Act, $1,700,000,000: Pro15 vided, That notwithstanding subparagraph (B) of section 

16 404(d)(2) of such Act, the applicable percent specified 

17 under such subparagraph for a State to carry out State 

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

19 percent. 

20 CHILDREN AND FAMILIES SERVICES PROGRAMS

21 For carrying out, except as otherwise provided, the 

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

23 the Every Student Succeeds Act, the Child Abuse Preven24 tion and Treatment Act, sections 303 and 313 of the 

25 Family Violence Prevention and Services Act, the Native 


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

2 Abuse Prevention and Treatment and Adoption Reform 

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

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

5 of the Social Security Act, and the Community Services 

6 Block Grant Act (‘‘CSBG Act’’); and for necessary admin7 istrative expenses to carry out titles I, IV, V, X, XI, XIV, 

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

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

10 Act of 1981, the Child Care and Development Block Grant 

11 Act of 1990, section 501 of the Refugee Education Assist12 ance Act of 1980, and section 2204 of the American Res13 cue Plan Act of 2021, $14,949,267,000, of which 

14 $75,000,000, to remain available through September 30, 

15 2023, shall be for grants to States for adoption and legal 

16 guardianship incentive payments, as defined by section 

17 473A of the Social Security Act and may be made for 

18 adoptions and legal guardianships completed before Sep19 tember 30, 2022: Provided, That $11,932,095,000 shall 

20 be for making payments under the Head Start Act, includ21 ing for Early Head Start–Child Care Partnerships, and, 

22 of which, notwithstanding section 640 of such Act: 

23 (1) $234,000,000 shall be available for a cost 

24 of living adjustment, and with respect to any con25 tinuing appropriations act, funding available for a 


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1 cost of living adjustment shall not be construed as 

2 an authority or condition under this Act; 

3 (2) $25,000,000 shall be available for allocation 

4 by the Secretary to supplement activities described 

5 in paragraphs (7)(B) and (9) of section 641(c) of 

6 the Head Start Act under the Designation Renewal 

7 System, established under the authority of sections 

8 641(c)(7), 645A(b)(12), and 645A(d) of such Act, 

9 and such funds shall not be included in the calcula10 tion of ‘‘base grant’’ in subsequent fiscal years, as 

11 such term is used in section 640(a)(7)(A) of such 

12 Act; 

13 (3) $500,000,000, in addition to funds other14 wise available for such purposes under section 640 

15 of the Head Start Act, shall be available through 

16 September 30, 2023, for awards to eligible entities 

17 for Head Start and Early Head Start programs and 

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

19 of such Act for high quality infant and toddler care 

20 through Early Head Start–Child Care Partnerships, 

21 and for training and technical assistance for such 

22 activities: Provided further, That of the funds made 

23 available in this paragraph, up to $21,000,000 shall 

24 be available to the Secretary for the administrative 

25 costs of carrying out this paragraph; 


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1 (4) $250,000,000 shall be available for quality 

2 improvement consistent with section 640(a)(5) of 

3 such Act except that any amount of the funds may 

4 be used on any of the activities in such section; 

5 (5) $200,000,000 shall be available through 

6 September 30, 2023, of which up to 1 percent may 

7 be reserved for research and evaluation, and the re8 maining unreserved amount shall be available, in ad9 dition to funds made available under any other pro10 vision of section 640, for award by the Secretary to 

11 grantees that apply for supplemental funding to in12 crease their hours of program operations and for 

13 training and technical assistance for such activities; 

14 (6) $4,000,000 shall be available for the pur15 poses of maintaining the Tribal Colleges and Univer16 sities Head Start Partnership Program consistent 

17 with section 648(g) of such Act; and 

18 (7) $21,000,000 shall be available to supple19 ment funding otherwise available for research, eval20 uation, and Federal administrative costs: 

21 Provided further, That the Secretary may reduce the res22 ervation of funds under section 640(a)(2)(C) of such Act 

23 in lieu of reducing the reservation of funds under sections 

24 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such 

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1 able until December 31, 2022 for carrying out sections 

2 9212 and 9213 of the Every Student Succeeds Act: Pro3 vided further, That up to 3 percent of the funds in the 

4 preceding proviso shall be available for technical assist5 ance and evaluation related to grants awarded under such 

6 section 9212: Provided further, That $800,106,000 shall 

7 be for making payments under the CSBG Act: Provided 

8 further, That for services furnished under the CSBG Act 

9 with funds made available by this Act, by the Consolidated 

10 Appropriations Act, 2021 (Public Law 116–260), or by 

11 the Coronavirus Aid, Relief, and Economic Security Act 

12 (Public Law 116–136), States may apply the last sentence 

13 of section 673(2) of the CSBG Act by substituting ‘‘200 

14 percent’’ for ‘‘125 percent’’: Provided further, That each 

15 amount repurposed by the preceding proviso that was pre16 viously designated by the Congress as an emergency re17 quirement pursuant to the Balanced Budget and Emer18 gency Deficit Control Act of 1985 is designated by the 

19 Congress as an emergency requirement pursuant to sec20 tion 4001(a)(1) and section 4001(b) of S. Con. Res. 14 

21 (117th Congress), the concurrent resolution on the budget 

22 for fiscal year 2022 and to section 251(b) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985: Pro24 vided further, That $34,206,000 shall be for section 680 

25 of the CSBG Act, of which not less than $22,606,000 shall 


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1 be for section 680(a)(2) and not less than $11,600,000 

2 shall be for section 680(a)(3)(B) of such Act: Provided 

3 further, That, notwithstanding section 675C(a)(3) of the 

4 CSBG Act, to the extent Community Services Block Grant 

5 funds are distributed as grant funds by a State to an eligi6 ble entity as provided under such Act, and have not been 

7 expended by such entity, they shall remain with such enti8 ty for carryover into the next fiscal year for expenditure 

9 by such entity consistent with program purposes: Provided 

10 further, That the Secretary shall establish procedures re11 garding the disposition of intangible assets and program 

12 income that permit such assets acquired with, and pro13 gram income derived from, grant funds authorized under 

14 section 680 of the CSBG Act to become the sole property 

15 of such grantees after a period of not more than 12 years 

16 after the end of the grant period for any activity consistent 

17 with section 680(a)(2)(A) of the CSBG Act: Provided fur18 ther, That intangible assets in the form of loans, equity 

19 investments and other debt instruments, and program in20 come may be used by grantees for any eligible purpose 

21 consistent with section 680(a)(2)(A) of the CSBG Act: 

22 Provided further, That these procedures shall apply to 

23 such grant funds made available after November 29, 1999: 

24 Provided further, That funds appropriated for section 

25 680(a)(2) of the CSBG Act shall be available for financing 


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1 construction and rehabilitation and loans or investments 

2 in private business enterprises owned by community devel3 opment corporations: Provided further, That 

4 $453,450,000 shall be for carrying out section 303(a) of 

5 the Family Violence Prevention and Services Act, of which 

6 $7,000,000 shall be allocated notwithstanding section 

7 303(a)(2) of such Act for carrying out section 309 of such 

8 Act, and of which $6,750,000 shall be for necessary ad9 ministrative expenses to carry out such Act and section 

10 2204 of the American Rescue Plan Act of 2021, in addi11 tion to amounts otherwise available for such purposes: 

12 Provided further, That funds made available in the pre13 ceding proviso may be used for direct payments to any 

14 victim of family violence, domestic violence, or dating vio15 lence, or to any dependent of such victim, notwithstanding 

16 section 308(d)(1) of the Family Violence Prevention and 

17 Services Act: Provided further, That any grantee or sub18 grantee under such Act, as appropriate, receiving funds 

19 made available under the preceding proviso, shall use up 

20 to 40 percent of such amount for direct payments: Pro21 vided further, That the percentages specified in section 

22 112(a)(2) of the Child Abuse Prevention and Treatment 

23 Act shall not apply to funds appropriated under this head24 ing: Provided further, That $4,000,000 shall be for a 

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1 clared disasters, to include a comprehensive national case 

2 management contract and Federal costs of administering 

3 the system: Provided further, That up to $2,000,000 shall 

4 be for improving the Public Assistance Reporting Informa5 tion System, including grants to States to support data 

6 collection for a study of the system’s effectiveness: Pro7 vided further, That $28,287,000 shall be used for the 

8 projects, and in the amounts, specified in the explanatory 

9 statement accompanying this Act: Provided further, That 

10 none of the funds made available for projects described 

11 in the preceding proviso shall be subject to section 241 

12 of the PHS Act or section 205 of this Act. 

13 PROMOTING SAFE AND STABLE FAMILIES

14 For carrying out, except as otherwise provided, sec15 tion 436 of the Social Security Act, $345,000,000 and, 

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

17 of such Act, $106,000,000: Provided, That of the funds 

18 available to carry out section 437, $60,000,000 shall be 

19 allocated consistent with subsections (b) through (d) of 

20 such section: Provided further, That of the funds available 

21 to carry out section 437, to assist in meeting the require22 ments described in section 471(e)(4)(C), $30,000,000 

23 shall be for grants to each State, territory, and Indian 

24 tribe operating title IV–E plans for developing, enhancing, 

25 or evaluating kinship navigator programs, as described in 


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1 section 427(a)(1) of such Act and $9,000,000, in addition 

2 to funds otherwise appropriated in section 476 for such 

3 purposes, shall be for the Family First Clearinghouse and 

4 to support evaluation and technical assistance relating to 

5 the evaluation of child and family services: Provided fur6 ther, That of the funds available to carry out section 437, 

7 $7,000,000 shall be for competitive grants to regional 

8 partnerships as described in section 437(f), and shall be 

9 in addition to any other funds appropriated for such pur10 poses: Provided further, That section 437(b)(1) shall be 

11 applied to amounts in the previous proviso by substituting 

12 ‘‘5 percent’’ for ‘‘3.3 percent’’, and notwithstanding sec13 tion 436(b)(1), such reserved amounts may be used for 

14 identifying, establishing, and disseminating practices to 

15 meet the criteria specified in section 471(e)(4)(C): Pro16 vided further, That the reservation in section 437(b)(2) 

17 and the limitations in section 437(d) shall not apply to 

18 funds specified in the second proviso: Provided further, 

19 That the minimum grant award for kinship navigator pro20 grams in the case of States and territories shall be 

21 $200,000, and, in the case of tribes, shall be $25,000. 

22 PAYMENTS FOR FOSTER CARE AND PERMANENCY

23 For carrying out, except as otherwise provided, title 

24 IV–E of the Social Security Act, $6,963,000,000. 


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1 For carrying out, except as otherwise provided, title 

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

3 fiscal year 2023, $3,200,000,000. 

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

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

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

7 current fiscal year for unanticipated costs, incurred for the 

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

9 ADMINISTRATION FOR COMMUNITY LIVING

10 AGING AND DISABILITY SERVICES PROGRAMS

11 (INCLUDING TRANSFER OF FUNDS)

12 For carrying out, to the extent not otherwise pro13 vided, the Older Americans Act of 1965 (‘‘OAA’’), the 

14 RAISE Family Caregivers Act, the Supporting Grand15 parents Raising Grandchildren Act, titles III and XXIX 

16 of the PHS Act, sections 1252 and 1253 of the PHS Act, 

17 section 119 of the Medicare Improvements for Patients 

18 and Providers Act of 2008, title XX–B of the Social Secu19 rity Act, the Developmental Disabilities Assistance and 

20 Bill of Rights Act, parts 2 and 5 of subtitle D of title 

21 II of the Help America Vote Act of 2002, the Assistive 

22 Technology Act of 1998, titles II and VII (and section 

23 14 with respect to such titles) of the Rehabilitation Act 

24 of 1973, and for Department-wide coordination of policy 

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1 ities, $2,773,050,000, together with $55,242,000 to be 

2 transferred from the Federal Hospital Insurance Trust 

3 Fund and the Federal Supplementary Medical Insurance 

4 Trust Fund to carry out section 4360 of the Omnibus 

5 Budget Reconciliation Act of 1990: Provided, That 

6 amounts appropriated under this heading may be used for 

7 grants to States under section 361 of the OAA only for 

8 disease prevention and health promotion programs and ac9 tivities which have been demonstrated through rigorous 

10 evaluation to be evidence-based and effective: Provided 

11 further, That of amounts made available under this head12 ing to carry out sections 311, 331, and 336 of the OAA, 

13 up to one percent of such amounts shall be available for 

14 developing and implementing evidence-based practices for 

15 enhancing senior nutrition, including medically-tailored 

16 meals: Provided further, That notwithstanding any other 

17 provision of this Act, funds made available under this 

18 heading to carry out section 311 of the OAA may be trans19 ferred to the Secretary of Agriculture in accordance with 

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

21 for competitive grants to support alternative financing 

22 programs that provide for the purchase of assistive tech23 nology devices, such as a low-interest loan fund; an inter24 est buy-down program; a revolving loan fund; a loan guar25 antee; or an insurance program: Provided further, That 


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1 applicants shall provide an assurance that, and informa2 tion describing the manner in which, the alternative fi3 nancing program will expand and emphasize consumer 

4 choice and control: Provided further, That State agencies 

5 and community-based disability organizations that are di6 rected by and operated for individuals with disabilities 

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

8 of the funds made available under this heading may be 

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

10 the Protection and Advocacy for Individuals with Mental 

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

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

13 individual or group of individuals with a developmental 

14 disability (as defined in section 102(8)(A) of the Develop15 mental Disabilities and Assistance and Bill of Rights Act 

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

17 a mental impairment (or a combination of mental and 

18 physical impairments), that has as the requested remedy 

19 the closure of State operated intermediate care facilities 

20 for people with intellectual or developmental disabilities, 

21 unless reasonable public notice of the action has been pro22 vided to such individuals (or, in the case of mental inca23 pacitation, the legal guardians who have been specifically 

24 awarded authority by the courts to make healthcare and 

25 residential decisions on behalf of such individuals) who are 


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

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

3 guardians) of their legal rights and how to exercise such 

4 rights consistent with current Federal Rules of Civil Pro5 cedure: Provided further, That the limitations in the imme6 diately preceding proviso shall not apply in the case of an 

7 individual who is neither competent to consent nor has a 

8 legal guardian, nor shall the proviso apply in the case of 

9 individuals who are a ward of the State or subject to pub10 lic guardianship: Provided further, That of the amount 

11 made available under this heading, $13,871,000 shall be 

12 used for the one-time grant projects, and in the amounts, 

13 specified in the explanatory statement accompanying this 

14 Act: Provided further, That none of the funds made avail15 able for projects described in the preceding proviso shall 

16 be subject to section 241 of the PHS Act or, section 205 

17 of this Act. 

18 OFFICE OF THE SECRETARY

19 GENERAL DEPARTMENTAL MANAGEMENT

20 For necessary expenses, not otherwise provided, for 

21 general departmental management, including hire of six 

22 passenger motor vehicles, and for carrying out titles III, 

23 XVII, XXI, and section 229 of the PHS Act, the United 

24 States-Mexico Border Health Commission Act, and re25 search studies under section 1110 of the Social Security 


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1 Act, $544,090,000, together with $84,328,000 from the 

2 amounts available under section 241 of the PHS Act to 

3 carry out national health or human services research and 

4 evaluation activities: Provided, That of this amount, 

5 $58,400,000 shall be for minority AIDS prevention and 

6 treatment activities: Provided further, That of the funds 

7 made available under this heading, $130,000,000 shall be 

8 for making competitive contracts and grants to public and 

9 private entities to fund medically accurate and age appro10 priate programs that reduce teen pregnancy and for the 

11 Federal costs associated with administering and evalu12 ating such contracts and grants, of which not more than 

13 10 percent of the available funds shall be for training and 

14 technical assistance, evaluation, outreach, and additional 

15 program support activities, and of the remaining amount 

16 75 percent shall be for replicating programs that have 

17 been proven effective through rigorous evaluation to re18 duce teenage pregnancy, behavioral risk factors underlying 

19 teenage pregnancy, or other associated risk factors, and 

20 25 percent shall be available for research and demonstra21 tion grants to develop, replicate, refine, and test additional 

22 models and innovative strategies for preventing teenage 

23 pregnancy: Provided further, That of the amounts pro24 vided under this heading from amounts available under 

25 section 241 of the PHS Act, $6,800,000 shall be available 


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1 to carry out evaluations (including longitudinal evalua2 tions) of teenage pregnancy prevention approaches: Pro3 vided further, That funds provided in this Act for embryo 

4 adoption activities may be used to provide to individuals 

5 adopting embryos, through grants and other mechanisms, 

6 medical and administrative services deemed necessary for 

7 such adoptions: Provided further, That such services shall 

8 be provided consistent with 42 CFR 59.5(a)(4): Provided 

9 further, That of the funds made available under this head10 ing, $5,000,000 shall be for carrying out prize competi11 tions sponsored by the Office of the Secretary to accelerate 

12 innovation in the prevention, diagnosis, and treatment of 

13 kidney diseases (as authorized by section 24 of the Steven14 son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

15 3719)): Provided further, That notwithstanding any other 

16 provision of law, the Secretary may use $5,000,000 of the 

17 amounts appropriated under this heading to supplement 

18 funds otherwise available to the Secretary for the hire and 

19 purchase of electric vehicles and electric vehicle charging 

20 stations, and to cover other costs related to electrifying 

21 the motor vehicle fleet within HHS: Provided further, That 

22 electric chargers installed in a parking area with such 

23 funds described in the preceding proviso shall be deemed 

24 personal property under the control and custody of the 


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1 Department of Health and Human Services managing 

2 such parking area. 

3 MEDICARE HEARINGS AND APPEALS

4 For expenses necessary for Medicare hearings and 

5 appeals in the Office of the Secretary, $196,000,000 shall 

6 remain available until September 30, 2023, to be trans7 ferred in appropriate part from the Federal Hospital In8 surance Trust Fund and the Federal Supplementary Med9 ical Insurance Trust Fund. 

10 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

11 INFORMATION TECHNOLOGY

12 For expenses necessary for the Office of the National 

13 Coordinator for Health Information Technology, including 

14 grants, contracts, and cooperative agreements for the de15 velopment and advancement of interoperable health infor16 mation technology, $86,614,000 shall be from amounts 

17 made available under section 241 of the PHS Act. 

18 OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector 

20 General, including the hire of passenger motor vehicles for 

21 investigations, in carrying out the provisions of the Inspec22 tor General Act of 1978, $90,000,000: Provided, That of 

23 such amount, necessary sums shall be available for pro24 viding protective services to the Secretary and invesVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 tigating non-payment of child support cases for which non2 payment is a Federal offense under 18 U.S.C. 228. 

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil 

5 Rights, $47,931,000. 

6 RETIREMENT PAY AND MEDICAL BENEFITS FOR

7 COMMISSIONED OFFICERS

8 For retirement pay and medical benefits of Public 

9 Health Service Commissioned Officers as authorized by 

10 law, for payments under the Retired Serviceman’s Family 

11 Protection Plan and Survivor Benefit Plan, and for med12 ical care of dependents and retired personnel under the 

13 Dependents’ Medical Care Act, such amounts as may be 

14 required during the current fiscal year. 

15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

16 FUND

17 For expenses necessary to support activities related 

18 to countering potential biological, nuclear, radiological, 

19 chemical, and cybersecurity threats to civilian populations, 

20 and for other public health emergencies, $1,513,116,000, 

21 of which $823,380,000 shall remain available through 

22 September 30, 2023, for expenses necessary to support 

23 advanced research and development pursuant to section 

24 319L of the PHS Act and other administrative expenses 

25 of the Biomedical Advanced Research and Development 


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1 Authority: Provided, That funds provided under this head2 ing for the purpose of acquisition of security counter3 measures shall be in addition to any other funds available 

4 for such purpose: Provided further, That products pur5 chased with funds provided under this heading may, at 

6 the discretion of the Secretary, be deposited in the Stra7 tegic National Stockpile pursuant to section 319F–2 of 

8 the PHS Act: Provided further, That $5,000,000 of the 

9 amounts made available to support emergency operations 

10 shall remain available through September 30, 2024. 

11 For expenses necessary for procuring security coun12 termeasures (as defined in section 319F–2(c)(1)(B) of the 

13 PHS Act), $770,000,000, to remain available until ex14 pended. 

15 For expenses necessary to carry out section 319F– 

16 2(a) of the PHS Act, $905,000,000, to remain available 

17 until expended. 

18 For an additional amount for expenses necessary to 

19 prepare for or respond to an influenza pandemic, 

20 $335,000,000; of which $300,000,000 shall be available 

21 until expended, for activities including the development 

22 and purchase of vaccine, antivirals, necessary medical sup23 plies, diagnostics, and other surveillance tools: Provided, 

24 That notwithstanding section 496(b) of the PHS Act, 

25 funds may be used for the construction or renovation of 


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1 privately owned facilities for the production of pandemic 

2 influenza vaccines and other biologics, if the Secretary 

3 finds such construction or renovation necessary to secure 

4 sufficient supplies of such vaccines or biologics. 

5 GENERAL PROVISIONS

6 SEC. 201. Funds appropriated in this title shall be 

7 available for not to exceed $50,000 for official reception 

8 and representation expenses when specifically approved by 

9 the Secretary. 

10 SEC. 202. None of the funds appropriated in this title 

11 shall be used to pay the salary of an individual, through 

12 a grant or other extramural mechanism, at a rate in excess 

13 of Executive Level II: Provided, That none of the funds 

14 appropriated in this title shall be used to prevent the NIH 

15 from paying up to 100 percent of the salary of an indi16 vidual at this rate. 

17 SEC. 203. None of the funds appropriated in this Act 

18 may be expended pursuant to section 241 of the PHS Act, 

19 except for funds specifically provided for in this Act, or 

20 for other taps and assessments made by any office located 

21 in HHS, prior to the preparation and submission of a re22 port by the Secretary to the Committees on Appropria23 tions of the House of Representatives and the Senate de24 tailing the planned uses of such funds. 


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1 SEC. 204. Notwithstanding section 241(a) of the 

2 PHS Act, such portion as the Secretary shall determine, 

3 but not more than 2.5 percent, of any amounts appro4 priated for programs authorized under such Act shall be 

5 made available for the evaluation (directly, or by grants 

6 or contracts) and the implementation and effectiveness of 

7 programs funded in this title. 

8 (TRANSFER OF FUNDS)

9 SEC. 205. Not to exceed 1 percent of any discre10 tionary funds (pursuant to the Balanced Budget and 

11 Emergency Deficit Control Act of 1985) which are appro12 priated for the current fiscal year for HHS in this Act 

13 may be transferred between appropriations, but no such 

14 appropriation shall be increased by more than 3 percent 

15 by any such transfer: Provided, That the transfer author16 ity granted by this section shall not be used to create any 

17 new program or to fund any project or activity for which 

18 no funds are provided in this Act: Provided further, That 

19 the Committees on Appropriations of the House of Rep20 resentatives and the Senate are notified at least 15 days 

21 in advance of any transfer. 

22 SEC. 206. In lieu of the timeframe specified in section 

23 338E(c)(2) of the PHS Act, terminations described in 

24 such section may occur up to 60 days after the effective 

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1 tion 338B of such Act, or at any time if the individual 

2 who has been awarded such contract has not received 

3 funds due under the contract. 

4 SEC. 207. None of the funds appropriated in this Act 

5 may be made available to any entity under title X of the 

6 PHS Act unless the applicant for the award certifies to 

7 the Secretary that it encourages family participation in 

8 the decision of minors to seek family planning services and 

9 that it provides counseling to minors on how to resist at10 tempts to coerce minors into engaging in sexual activities. 

11 SEC. 208. Notwithstanding any other provision of 

12 law, no provider of services under title X of the PHS Act 

13 shall be exempt from any State law requiring notification 

14 or the reporting of child abuse, child molestation, sexual 

15 abuse, rape, or incest. 

16 SEC. 209. None of the funds appropriated by this Act 

17 (including funds appropriated to any trust fund) may be 

18 used to carry out the Medicare Advantage program if the 

19 Secretary denies participation in such program to an oth20 erwise eligible entity (including a Provider Sponsored Or21 ganization) because the entity informs the Secretary that 

22 it will not provide, pay for, provide coverage of, or provide 

23 referrals for abortions: Provided, That the Secretary shall 

24 make appropriate prospective adjustments to the capita25 tion payment to such an entity (based on an actuarially 


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1 sound estimate of the expected costs of providing the serv2 ice to such entity’s enrollees): Provided further, That noth3 ing in this section shall be construed to change the Medi4 care program’s coverage for such services and a Medicare 

5 Advantage organization described in this section shall be 

6 responsible for informing enrollees where to obtain infor7 mation about all Medicare covered services. 

8 SEC. 210. None of the funds made available in this 

9 title may be used, in whole or in part, to advocate or pro10 mote gun control. 

11 SEC. 211. The Secretary shall make available through 

12 assignment not more than 60 employees of the Public 

13 Health Service to assist in child survival activities and to 

14 work in AIDS programs through and with funds provided 

15 by the Agency for International Development, the United 

16 Nations International Children’s Emergency Fund or the 

17 World Health Organization. 

18 SEC. 212. In order for HHS to carry out inter19 national health activities, including HIV/AIDS and other 

20 infectious disease, chronic and environmental disease, and 

21 other health activities abroad during fiscal year 2022: 

22 (1) The Secretary may exercise authority equiv23 alent to that available to the Secretary of State in 

24 section 2(c) of the State Department Basic Authori25 ties Act of 1956. The Secretary shall consult with 


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1 the Secretary of State and relevant Chief of Mission 

2 to ensure that the authority provided in this section 

3 is exercised in a manner consistent with section 207 

4 of the Foreign Service Act of 1980 and other appli5 cable statutes administered by the Department of 

6 State. 

7 (2) The Secretary is authorized to provide such 

8 funds by advance or reimbursement to the Secretary 

9 of State as may be necessary to pay the costs of ac10 quisition, lease, alteration, renovation, and manage11 ment of facilities outside of the United States for 

12 the use of HHS. The Department of State shall co13 operate fully with the Secretary to ensure that HHS 

14 has secure, safe, functional facilities that comply 

15 with applicable regulation governing location, set16 back, and other facilities requirements and serve the 

17 purposes established by this Act. The Secretary is 

18 authorized, in consultation with the Secretary of 

19 State, through grant or cooperative agreement, to 

20 make available to public or nonprofit private institu21 tions or agencies in participating foreign countries, 

22 funds to acquire, lease, alter, or renovate facilities in 

23 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 $100,000,000 of funds ap8 propriated 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 $5,000,000 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. The Secretary shall publish, as part of the 

2 fiscal year 2023 budget of the President submitted under 

3 section 1105(a) of title 31, United States Code, informa4 tion that details the uses of all funds used by the Centers 

5 for Medicare & Medicaid Services specifically for Health 

6 Insurance Exchanges for each fiscal year since the enact7 ment of the ACA and the proposed uses for such funds 

8 for fiscal year 2023. Such information shall include, for 

9 each such fiscal year, the amount of funds used for each 

10 activity specified under the heading ‘‘Health Insurance 

11 Exchange Transparency’’ in the explanatory statement ac12 companying this Act. 

13 SEC. 220. None of the funds made available by this 

14 Act from the Federal Hospital Insurance Trust Fund or 

15 the Federal Supplemental Medical Insurance Trust Fund, 

16 or transferred from other accounts funded by this Act to 

17 the ‘‘Centers for Medicare & Medicaid Services—Program 

18 Management’’ account, may be used for payments under 

19 section 1342(b)(1) of Public Law 111–148 (relating to 

20 risk corridors). 

21 (TRANSFER OF FUNDS)

22 SEC. 221. (a) Within 45 days of enactment of this 

23 Act, the Secretary shall transfer funds appropriated under 

24 section 4002 of the ACA to the accounts specified, in the 

25 amounts specified, and for the activities specified under 


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1 the heading ‘‘Prevention and Public Health Fund’’ in the 

2 explanatory statement accompanying this Act. 

3 (b) Notwithstanding section 4002(c) of the ACA, the 

4 Secretary may not further transfer these amounts. 

5 (c) Funds transferred for activities authorized under 

6 section 2821 of the PHS Act shall be made available with7 out reference to section 2821(b) of such Act. 

8 SEC. 222. Effective during the period beginning on 

9 November 1, 2015 and ending January 1, 2024, any pro10 vision of law that refers (including through cross-reference 

11 to another provision of law) to the current recommenda12 tions of the United States Preventive Services Task Force 

13 with respect to breast cancer screening, mammography, 

14 and prevention shall be administered by the Secretary in15 volved as if— 

16 (1) such reference to such current recommenda17 tions were a reference to the recommendations of 

18 such Task Force with respect to breast cancer 

19 screening, mammography, and prevention last issued 

20 before 2009; and 

21 (2) such recommendations last issued before 

22 2009 applied to any screening mammography modal23 ity under section 1861(jj) of the Social Security Act 

24 (42 U.S.C. 1395x(jj)). 


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1 SEC. 223. In making Federal financial assistance, the 

2 provisions relating to indirect costs in part 75 of title 45, 

3 Code of Federal Regulations, including with respect to the 

4 approval of deviations from negotiated rates, shall con5 tinue to apply to the National Institutes of Health to the 

6 same extent and in the same manner as such provisions 

7 were applied in the third quarter of fiscal year 2017. None 

8 of the funds appropriated in this or prior Acts or otherwise 

9 made available to the Department of Health and Human 

10 Services or to any department or agency may be used to 

11 develop or implement a modified approach to such provi12 sions, or to intentionally or substantially expand the fiscal 

13 effect of the approval of such deviations from negotiated 

14 rates beyond the proportional effect of such approvals in 

15 such quarter. 

16 (TRANSFER OF FUNDS)

17 SEC. 224. The NIH Director may transfer funds for 

18 opioid addiction, opioid alternatives, stimulant misuse and 

19 addiction, pain management, and addiction treatment to 

20 other Institutes and Centers of the NIH to be used for 

21 the same purpose 15 days after notifying the Committees 

22 on Appropriations of the House of Representatives and the 

23 Senate: Provided, That the transfer authority provided in 

24 the previous proviso is in addition to any other transfer 

25 authority provided by law. 


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1 SEC. 225. (a) The Secretary shall provide to the 

2 Committees on Appropriations of the House of Represent3 atives and the Senate: 

4 (1) Detailed monthly enrollment figures from 

5 the Exchanges established under the Patient Protec6 tion and Affordable Care Act of 2010 pertaining to 

7 enrollments during the open enrollment period; and 

8 (2) Notification of any new or competitive grant 

9 awards, including supplements, authorized under 

10 section 330 of the Public Health Service Act. 

11 (b) The Committees on Appropriations of the House 

12 and Senate must be notified at least 2 business days in 

13 advance of any public release of enrollment information 

14 or the award of such grants. 

15 SEC. 226. The Department of Health and Human 

16 Services shall provide the Committees on Appropriations 

17 of the House of Representatives and Senate a biannual 

18 report 30 days after enactment of this Act on staffing de19 scribed in the explanatory statement accompanying this 

20 Act. 

21 SEC. 227. Funds appropriated in this Act that are 

22 available for salaries and expenses of employees of the De23 partment of Health and Human Services shall also be 

24 available to pay travel and related expenses of such an 

25 employee or of a member of his or her family, when such 


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1 employee is assigned to duty, in the United States or in 

2 a U.S. territory, during a period and in a location that 

3 are the subject of a determination of a public health emer4 gency under section 319 of the Public Health Service Act 

5 and such travel is necessary to obtain medical care for 

6 an illness, injury, or medical condition that cannot be ade7 quately addressed in that location at that time. For pur8 poses of this section, the term ‘‘U.S. territory’’ means 

9 Guam, the Commonwealth of Puerto Rico, the Northern 

10 Mariana Islands, the Virgin Islands, American Samoa, or 

11 the Trust Territory of the Pacific Islands. 

12 SEC. 228. The Department of Health and Human 

13 Services may accept donations from the private sector, 

14 nongovernmental organizations, and other groups inde15 pendent of the Federal Government for the care of unac16 companied alien children (as defined in section 462(g)(2) 

17 of the Homeland Security Act of 2002 (6 U.S.C. 

18 279(g)(2))) in the care of the Office of Refugee Resettle19 ment of the Administration for Children and Families, in20 cluding monetary donations, medical goods and services, 

21 which may include early childhood developmental 

22 screenings, school supplies, toys, clothing, and any other 

23 items or services intended to promote the wellbeing of such 

24 children. Monetary donations received by the Department 

25 of Health and Human Services under this section shall 


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1 be retained and credited to the Refugee and Entrant As2 sistance account and shall remain available until expended 

3 for the purposes provided by this section. 

4 SEC. 229. None of the funds made available in this 

5 Act under the heading ‘‘Department of Health and 

6 Human Services—Administration for Children and Fami7 lies—Refugee and Entrant Assistance’’ may be obligated 

8 to a grantee or contractor to house unaccompanied alien 

9 children (as such term is defined in section 462(g)(2) of 

10 the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 

11 in any facility that is not State-licensed for the care of 

12 unaccompanied alien children, except in the case that the 

13 Secretary determines that housing unaccompanied alien 

14 children in such a facility is necessary on a temporary 

15 basis due to an influx of such children or an emergency, 

16 provided that— 

17 (1) the terms of the grant or contract for the 

18 operations of any such facility that remains in oper19 ation for more than six consecutive months shall re20 quire compliance with— 

21 (A) the same requirements as licensed 

22 placements, as listed in Exhibit 1 of the Flores 

23 Settlement Agreement that the Secretary deter24 mines are applicable to non-State licensed facili25 ties; and 


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1 (B) staffing ratios of one (1) on-duty 

2 Youth Care Worker for every eight (8) children 

3 or youth during waking hours, one (1) on-duty 

4 Youth Care Worker for every sixteen (16) chil5 dren or youth during sleeping hours, and clini6 cian ratios to children (including mental health 

7 providers) as required in grantee cooperative 

8 agreements; 

9 (2) the Secretary may grant a 60-day waiver 

10 for a contractor’s or grantee’s non-compliance with 

11 paragraph (1) if the Secretary certifies and provides 

12 a report to Congress on the contractor’s or grantee’s 

13 good-faith efforts and progress towards compliance, 

14 which shall include the following— 

15 (A) a detailed description of the services 

16 and care available to children in such facility, 

17 including any services not available relative to 

18 those required by Exhibit 1 of the Flores Set19 tlement Agreement; 

20 (B) a detailed accounting of the amounts 

21 spent on such unlicensed facility by major cat22 egory and by grantee or contractor; and 

23 (C) a justification for the continued need 

24 for such facility; 


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1 (3) not more than four consecutive waivers 

2 under paragraph (2) may be granted to a contractor 

3 or grantee with respect to a specific facility; 

4 (4) ORR shall ensure full adherence to the 

5 monitoring requirements set forth in section 5.5 of 

6 its Policies and Procedures Guide as of May 15, 

7 2019; and 

8 (5) for any such unlicensed facility in operation 

9 for more than three consecutive months, ORR shall 

10 conduct a minimum of one comprehensive moni11 toring visit during the first three months of oper12 ation, with quarterly monitoring visits thereafter. 

13 SEC. 230. In addition to the existing Congressional 

14 notification for formal site assessments of potential influx 

15 facilities, the Secretary shall notify the Committees on Ap16 propriations of the House of Representatives and the Sen17 ate at least 15 days before operationalizing an unlicensed 

18 facility, and shall (1) specify whether the facility is hard19 sided or soft-sided, and (2) provide analysis that indicates 

20 that, in the absence of the influx facility, the likely out21 come is that unaccompanied alien children will remain in 

22 the custody of the Department of Homeland Security for 

23 longer than 72 hours or that unaccompanied alien children 

24 will be otherwise placed in danger. Within 60 days of 

25 bringing such a facility online, and monthly thereafter, the 


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1 Secretary shall provide to the Committees on Appropria2 tions of the House of Representatives and the Senate a 

3 report detailing the total number of children in care at 

4 the facility, the average length of stay and average length 

5 of care of children at the facility, and, for any child that 

6 has been at the facility for more than 60 days, their length 

7 of stay and reason for delay in release. 

8 SEC. 231. None of the funds made available in this 

9 Act may be used to prevent a United States Senator or 

10 Member of the House of Representatives from entering, 

11 for the purpose of conducting oversight, any facility in the 

12 United States used for the purpose of maintaining custody 

13 of, or otherwise housing, unaccompanied alien children (as 

14 defined in section 462(g)(2) of the Homeland Security Act 

15 of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator 

16 or Member has coordinated the oversight visit with the 

17 Office of Refugee Resettlement not less than two business 

18 days in advance to ensure that such visit would not inter19 fere with the operations (including child welfare and child 

20 safety operations) of such facility. 

21 SEC. 232. Not later than 14 days after the date of 

22 enactment of this Act, and monthly thereafter, the Sec23 retary shall submit to the Committees on Appropriations 

24 of the House of Representatives and the Senate, and make 

25 publicly available online, a report with respect to children 


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1 who were separated from their parents or legal guardians 

2 by the Department of Homeland Security (DHS) (regard3 less of whether or not such separation was pursuant to 

4 an option selected by the children, parents, or guardians), 

5 subsequently classified as unaccompanied alien children, 

6 and transferred to the care and custody of ORR during 

7 the previous month. Each report shall contain the fol8 lowing information: 

9 (1) the number and ages of children so sepa10 rated subsequent to apprehension at or between 

11 ports of entry, to be reported by sector where sepa12 ration occurred; and 

13 (2) the documented cause of separation, as re14 ported by DHS when each child was referred. 

15 SEC. 233. Funds appropriated in this Act that are 

16 available for salaries and expenses of employees of the 

17 Centers for Disease Control and Prevention shall also be 

18 available for the primary and secondary schooling of eligi19 ble dependents of personnel stationed in a U.S. territory 

20 as defined in section 227 of this Act at costs not in excess 

21 of those paid for or reimbursed by the Department of De22 fense. 

23 (RESCISSION)

24 SEC. 234. Of the unobligated balances in the ‘‘Non25 recurring Expenses Fund’’ established in section 223 of 


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1 division G of Public Law 110–161, $500,000,000 are 

2 hereby rescinded not later than September 30, 2022. 

3 SEC. 235. The Secretary is authorized to provide, 

4 from funds made available in this title for such purposes, 

5 mental health and other supportive services, including 

6 through grants, contracts, or cooperative agreements, for 

7 children, parents, and legal guardians who were separated 

8 at the United States-Mexico border between January 20, 

9 2017, and January 20, 2021, in connection with the Zero10 Tolerance Policy (as discussed in the Attorney General’s 

11 memorandum of April 6, 2018, entitled ‘‘Zero-Tolerance 

12 for Offenses Under 8 U.S.C. 1325(a)’’) or any other 

13 United States Government practice, policy, program, or 

14 initiative that resulted in the separation of children who 

15 arrived at the United States-Mexico border with their par16 ents or legal guardians during such period. The Secretary 

17 may identify the individuals eligible to receive such mental 

18 health and other supportive services under this section 

19 through reference to the identified members of the classes, 

20 and their minor children, in the class-action lawsuits Ms. 

21 J.P. v. Barr and Ms. L. v. ICE. 

22 SEC. 236. The unobligated balances of amounts ap23 propriated or transferred to the Centers for Disease Con24 trol and Prevention under the heading ‘‘Buildings and Fa25 cilities’’ in title II of division H of the Consolidated ApproVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 priations Act, 2018 (Public Law 115–141) for a biosafety 

2 level 4 laboratory shall also be available for the acquisition 

3 of real property, equipment, construction, demolition, ren4 ovation of facilities, and installation expenses, including 

5 moving expenses, related to such laboratory: Provided, 

6 That not later than September 30, 2022, the remaining 

7 unobligated balances of such funds are hereby rescinded, 

8 and an amount of additional new budget authority equiva9 lent to the amount rescinded is hereby appropriated, to 

10 remain available until expended, for the same purposes as 

11 such unobligated balances, in addition to any other 

12 amounts available for such purposes. 

13 SEC. 237. (a) PREMIUM PAY AUTHORITY.—If serv14 ices performed by a Department of Health and Human 

15 Services employee during a public health emergency de16 clared under section 319 of the Public Health Service Act 

17 are determined by the Secretary to be primarily related 

18 to preparation for, prevention of, or response to such pub19 lic health emergency, any premium pay that is provided 

20 for such services shall be exempted from the aggregate of 

21 basic pay and premium pay calculated under section 

22 5547(a) of title 5, United States Code, and any other pro23 vision of law limiting the aggregate amount of premium 

24 pay payable on a biweekly or calendar year basis. 


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1 (b) OVERTIME AUTHORITY.—Any overtime that is 

2 provided for such services described in subsection (a) shall 

3 be exempted from any annual limit on the amount of over 

4 time payable in a calendar or fiscal year. 

5 (c) APPLICABILITY OF AGGREGATE LIMITATION ON

6 PAY.—In determining, for purposes of section 5307 of 

7 title 5, United States Code, whether an employee’s total 

8 pay exceeds the annual rate payable under such section, 

9 the Secretary shall not include pay exempted under this 

10 section. 

11 (d) LIMITATION ON PAY AUTHORITY.—Pay exempted 

12 from otherwise applicable limits under subsection (a) shall 

13 not cause the aggregate pay earned for the calendar year 

14 in which the exempted pay is earned to exceed the rate 

15 of basic pay payable for a position at level II of the Execu16 tive Schedule under section 5313 of title 5, United States 

17 Code. 

18 (e) DANGER PAY FOR SERVICE IN PUBLIC HEALTH

19 EMERGENCIES.—The Secretary may grant a danger pay 

20 allowance under section 5928 of title 5, United States 

21 Code, without regard to the conditions of the first sentence 

22 of such section, for work that is performed by a Depart23 ment of Health and Human Services employee during a 

24 public health emergency declared under section 319 of the 

25 Public Health Service Act that the Secretary determines 


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1 is primarily related to preparation for, prevention of, or 

2 response to such public health emergency and is performed 

3 under conditions that threaten physical harm or imminent 

4 danger to the health or well-being of the employee. 

5 (f) EFFECTIVE DATE.—This section shall take effect 

6 as if enacted on September 30, 2020. 

7 SEC. 238. (a) None of the funds made available by 

8 this Act may be awarded to any organization, including 

9 under the Child Welfare or Federal Foster Care programs 

10 under part B or E of title IV of the Social Security Act, 

11 that does not comply with paragraphs (c) and (d) of sec12 tion 75.300 of title 45, Code of Federal Regulations (pro13 hibiting discrimination on the basis of age, disability, sex, 

14 race, color, national origin, religion, gender identity, or 

15 sexual orientation), as in effect on October 1, 2019. 

16 (b) None of the funds made available by this Act may 

17 be used by the Department of Health and Human Services 

18 to grant an exception from either such paragraph for any 

19 Federal grantee. 

20 SEC. 239. During this fiscal year, an Operating or 

21 Staff Division in HHS may enter into a reimbursable 

22 agreement with another major organizational unit within 

23 HHS or of another agency under which the ordering agen24 cy or unit delegates to the servicing agency or unit the 

25 authority and funding to issue a grant or cooperative 


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1 agreement on its behalf: Provided, That the head of the 

2 ordering agency or unit must certify that amounts are 

3 available and that the order is in the best interests of the 

4 United States Government: Provided further, That fund5 ing may be provided by way of advance or reimbursement, 

6 as deemed appropriate by the ordering agency or unit, 

7 with proper adjustments of estimated amounts provided 

8 in advance to be made based on actual costs: Provided fur9 ther, That an agreement made under this section obligates 

10 an appropriation of the ordering agency or unit, including 

11 for costs to administer such grant or cooperative agree12 ment, and such obligation shall be deemed to be an obliga13 tion for any purpose of law: Provided further, That an 

14 agreement made under this section may be performed for 

15 a period that extends beyond the current fiscal year. 

16 SEC. 240. Section 402A(d) of the Public Health Serv17 ice Act (42 U.S.C. 282a(d)) is amended— 

18 (1) in the first sentence by striking ‘‘under sub19 section (a)(1)’’ and inserting ‘‘to carry out this 

20 title’’; and 

21 (2) in the second sentence by striking ‘‘account 

22 under subsection (a)(1)’’. 

23 SEC. 241. The Secretary of Health and Human Serv24 ices may waive penalties and administrative requirements 

25 in title XXVI of the Public Health Service Act for awards 


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1 under such title from amounts provided under the heading 

2 ‘‘Department of Health and Human Services—Health Re3 sources and Services Administration’’ in this or any other 

4 appropriations Act for this fiscal year, including amounts 

5 made available to such heading by transfer. 

6 SEC. 242. The Director of the National Institutes of 

7 Health shall hereafter require institutions that receive 

8 funds through a grant or cooperative agreement during 

9 fiscal year 2022 and in future years to notify the Director 

10 when individuals identified as principal investigator or key 

11 personnel in an NIH notice of award are removed from 

12 their position or are otherwise disciplined due to concerns 

13 about harassment, bullying, retaliation, or hostile working 

14 conditions. The Director may issue regulations consistent 

15 with this section. 

16 SEC. 243. The Centers for Disease Control and Pre17 vention Undergraduate Public Health Scholars Program 

18 is hereby renamed as the John R. Lewis Undergraduate 

19 Public Health Scholars Program. 

20 This title may be cited as the ‘‘Department of Health 

21 and Human Services Appropriations Act, 2022’’. 


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1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I and subpart 2 of part B of 

5 title II of the Elementary and Secondary Education Act 

6 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

7 418A of the Higher Education Act of 1965 (referred to 

8 in this Act as ‘‘HEA’’), $33,802,790,000, of which 

9 $22,856,490,000 shall become available on July 1, 2022, 

10 and shall remain available through September 30, 2023, 

11 and of which $10,841,177,000 shall become available on 

12 October 1, 2022, and shall remain available through Sep13 tember 30, 2023, for academic year 2022–2023: Provided, 

14 That $6,459,401,000 shall be for basic grants under sec15 tion 1124 of the ESEA: Provided further, That up to 

16 $5,000,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2021, to obtain annually updated 

19 local educational agency-level census poverty data from 

20 the Bureau of the Census: Provided further, That up to 

21 $50,000,000 of these funds shall be available to the Sec22 retary for grants to States for voluntary activities de23 signed to improve State effort and equity factors described 

24 in section 1125A of the ESEA: Provided further, That 

25 $1,362,301,000 shall be for concentration grants under 


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1 section 1124A of the ESEA: Provided further, That 

2 $12,632,550,000 shall be for targeted grants under sec3 tion 1125 of the ESEA: Provided further, That 

4 $12,632,550,000 shall be for education finance incentive 

5 grants under section 1125A of the ESEA: Provided fur6 ther, That subsection (b) of section 1004 of the ESEA 

7 shall apply to amounts appropriated under this heading 

8 as if the amount specified in such subsection is the 

9 amount appropriated for such purposes in division H of 

10 Public Law 116–260: Provided further, That paragraph 

11 (2) of section 1004(a) of the ESEA shall apply to funds 

12 available under this heading as if the amount specified for 

13 States in such paragraph is $750,000: Provided further, 

14 That $226,000,000 shall be for carrying out subpart 2 

15 of part B of title II: Provided further, That $66,123,000 

16 shall be for carrying out section 418A of the HEA. 

17 IMPACT AID

18 For carrying out programs of financial assistance to 

19 federally affected schools authorized by title VII of the 

20 ESEA, $1,565,838,000, of which $1,417,000,000 shall be 

21 for basic support payments under section 7003(b), 

22 $48,316,000 shall be for payments for children with dis23 abilities under section 7003(d), $17,406,000 shall be for 

24 construction under section 7007(a), $78,281,000 shall be 

25 for Federal property payments under section 7002, and 


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1 $4,835,000, to remain available until expended, shall be 

2 for facilities maintenance under section 7008: Provided, 

3 That for purposes of computing the amount of a payment 

4 for an eligible local educational agency under section 

5 7003(a) for school year 2021–2022, children enrolled in 

6 a school of such agency that would otherwise be eligible 

7 for payment under section 7003(a)(1)(B) of such Act, but 

8 due to the deployment of both parents or legal guardians, 

9 or a parent or legal guardian having sole custody of such 

10 children, or due to the death of a military parent or legal 

11 guardian while on active duty (so long as such children 

12 reside on Federal property as described in section 

13 7003(a)(1)(B)), are no longer eligible under such section, 

14 shall be considered as eligible students under such section, 

15 provided such students remain in average daily attendance 

16 at a school in the same local educational agency they at17 tended prior to their change in eligibility status. 

18 SCHOOL IMPROVEMENT PROGRAMS

19 For carrying out school improvement activities au20 thorized by part B of title I, part A of title II, subpart 

21 1 of part A of title IV, part B of title IV, part B of title 

22 V, and parts B and C of title VI of the ESEA; the McKin23 ney-Vento Homeless Assistance Act; section 203 of the 

24 Educational Technical Assistance Act of 2002; the Com25 pact of Free Association Amendments Act of 2003; and 


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1 the Civil Rights Act of 1964, $5,760,835,000, of which 

2 $3,916,312,000 shall become available on July 1, 2022, 

3 and remain available through September 30, 2023, and 

4 of which $1,681,441,000 shall become available on Octo5 ber 1, 2022, and shall remain available through September 

6 30, 2023, for academic year 2022-2023: Provided, That 

7 $428,000,000 shall be for part B of title I: Provided fur8 ther, That $1,309,673,000 shall be for part B of title IV: 

9 Provided further, That $42,397,000 shall be for part B 

10 of title VI, which may be used for construction, renova11 tion, and modernization of any public elementary school, 

12 secondary school, or structure related to a public elemen13 tary school or secondary school that serves a predomi14 nantly Native Hawaiian student body, and that the 5 per15 cent limitation in section 6205(b) of the ESEA on the use 

16 of funds for administrative purposes shall apply only to 

17 direct administrative costs: Provided further, That 

18 $36,453,000 shall be for part C of title VI, which shall 

19 be awarded on a competitive basis, and may be used for 

20 construction, and that the 5 percent limitation in section 

21 6305 of the ESEA on the use of funds for administrative 

22 purposes shall apply only to direct administrative costs: 

23 Provided further, That $57,000,000 shall be available to 

24 carry out section 203 of the Educational Technical Assist25 ance Act of 2002 and the Secretary shall make such arVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 rangements as determined to be necessary to ensure that 

2 the Bureau of Indian Education has access to services pro3 vided under this section: Provided further, That 

4 $19,657,000 shall be available to carry out the Supple5 mental Education Grants program for the Federated 

6 States of Micronesia and the Republic of the Marshall Is7 lands: Provided further, That the Secretary may reserve 

8 up to 5 percent of the amount referred to in the previous 

9 proviso to provide technical assistance in the implementa10 tion of these grants: Provided further, That $200,000,000 

11 shall be for part B of title V: Provided further, That 

12 $1,320,000,000 shall be available for grants under sub13 part 1 of part A of title IV. 

14 INDIAN EDUCATION

15 For expenses necessary to carry out, to the extent 

16 not otherwise provided, title VI, part A of the ESEA, 

17 $189,246,000, of which $70,000,000 shall be for subpart 

18 2 of part A of title VI and $8,865,000 shall be for activi19 ties described in subpart 3 of part A of title VI: Provided, 

20 That the 5 percent limitation in sections 6115(d), 

21 6121(e), and 6133(g) of the ESEA on the use of funds 

22 for administrative purposes shall apply only to direct ad23 ministrative costs. 


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1 INNOVATION AND IMPROVEMENT

2 For carrying out activities authorized by subparts 1, 

3 3 and 4 of part B of title II, and parts C, D, and E and 

4 subparts 1 and 4 of part F of title IV of the ESEA, 

5 $1,301,500,000: Provided, That $320,000,000 shall be for 

6 subparts 1, 3 and 4 of part B of title II and shall be made 

7 available without regard to sections 2201, 2231(b) and 

8 2241: Provided further, That $711,500,000 shall be for 

9 parts C, D, and E and subpart 4 of part F of title IV, 

10 and shall be made available without regard to sections 

11 4311, 4409(a), and 4601 of the ESEA: Provided further, 

12 That section 4303(d)(3)(A)(i) shall not apply to the funds 

13 available for part C of title IV: Provided further, That of 

14 the funds available for part C of title IV, the Secretary 

15 shall use $60,000,000 to carry out section 4304, of which 

16 not more than $10,000,000 shall be available to carry out 

17 section 4304(k), $140,000,000, to remain available 

18 through March 31, 2023, to carry out section 4305(b), 

19 and not more than $18,000,000 to carry out the activities 

20 in section 4305(a)(3): Provided further, That notwith21 standing section 4601(b), $270,000,000 shall be available 

22 through December 31, 2022 for subpart 1 of part F of 

23 title IV. 


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1 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

2 For carrying out activities authorized by subparts 2 

3 and 3 of part F of title IV of the ESEA, $1,417,000,000: 

4 Provided, That $916,000,000 shall be available for section 

5 4631, of which up to $5,000,000, to remain available until 

6 expended, shall be for the Project School Emergency Re7 sponse to Violence (Project SERV) program: Provided fur8 ther, That $400,000,000 shall be available for section 

9 4625: Provided further, That $101,000,000 shall be avail10 able through December 31, 2022, for section 4624. 

11 ENGLISH LANGUAGE ACQUISITION

12 For carrying out part A of title III of the ESEA, 

13 $917,400,000, which shall become available on July 1, 

14 2022, and shall remain available through September 30, 

15 2023, except that 6.5 percent of such amount shall be 

16 available on October 1, 2021, and shall remain available 

17 through September 30, 2023, to carry out activities under 

18 section 3111(c)(1)(C). 

19 SPECIAL EDUCATION

20 For carrying out the Individuals with Disabilities 

21 Education Act (IDEA), section 773 of the Higher Edu22 cation Act, and the Special Olympics Sport and Empower23 ment Act of 2004, $17,154,604,000, of which 

24 $7,488,516,000 shall become available on July 1, 2022, 

25 and shall remain available through September 30, 2023, 


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1 and of which $9,283,383,000 shall become available on 

2 October 1, 2022, and shall remain available through Sep3 tember 30, 2023, for academic year 2022–2023: Provided, 

4 That the amount for section 611(b)(2) of the IDEA shall 

5 be equal to the lesser of the amount available for that ac6 tivity during fiscal year 2021, increased by the amount 

7 of inflation as specified in section 619(d)(2)(B) of the 

8 IDEA, or the percent change in the funds appropriated 

9 under section 611(i) of the IDEA, but not less than the 

10 amount for that activity during fiscal year 2021: Provided 

11 further, That the Secretary shall, without regard to section 

12 611(d) of the IDEA, distribute to all other States (as that 

13 term is defined in section 611(g)(2)), subject to the third 

14 proviso, any amount by which a State’s allocation under 

15 section 611, from funds appropriated under this heading, 

16 is reduced under section 612(a)(18)(B), according to the 

17 following: 85 percent on the basis of the States’ relative 

18 populations of children aged 3 through 21 who are of the 

19 same age as children with disabilities for whom the State 

20 ensures the availability of a free appropriate public edu21 cation under this part, and 15 percent to States on the 

22 basis of the States’ relative populations of those children 

23 who are living in poverty: Provided further, That the Sec24 retary may not distribute any funds under the previous 

25 proviso to any State whose reduction in allocation from 


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1 funds appropriated under this heading made funds avail2 able for such a distribution: Provided further, That the 

3 States shall allocate such funds distributed under the sec4 ond proviso to local educational agencies in accordance 

5 with section 611(f): Provided further, That the amount by 

6 which a State’s allocation under section 611(d) of the 

7 IDEA is reduced under section 612(a)(18)(B) and the 

8 amounts distributed to States under the previous provisos 

9 in fiscal year 2012 or any subsequent year shall not be 

10 considered in calculating the awards under section 611(d) 

11 for fiscal year 2013 or for any subsequent fiscal years: 

12 Provided further, That, notwithstanding the provision in 

13 section 612(a)(18)(B) regarding the fiscal year in which 

14 a State’s allocation under section 611(d) is reduced for 

15 failure to comply with the requirement of section 

16 612(a)(18)(A), the Secretary may apply the reduction 

17 specified in section 612(a)(18)(B) over a period of con18 secutive fiscal years, not to exceed 5, until the entire re19 duction is applied: Provided further, That the Secretary 

20 may, in any fiscal year in which a State’s allocation under 

21 section 611 is reduced in accordance with section 

22 612(a)(18)(B), reduce the amount a State may reserve 

23 under section 611(e)(1) by an amount that bears the same 

24 relation to the maximum amount described in that para25 graph as the reduction under section 612(a)(18)(B) bears 


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1 to the total allocation the State would have received in 

2 that fiscal year under section 611(d) in the absence of the 

3 reduction: Provided further, That the Secretary shall ei4 ther reduce the allocation of funds under section 611 for 

5 any fiscal year following the fiscal year for which the State 

6 fails to comply with the requirement of section 

7 612(a)(18)(A) as authorized by section 612(a)(18)(B), or 

8 seek to recover funds under section 452 of the General 

9 Education Provisions Act (20 U.S.C. 1234a): Provided 

10 further, That the funds reserved under 611(c) of the 

11 IDEA may be used to provide technical assistance to 

12 States to improve the capacity of the States to meet the 

13 data collection requirements of sections 616 and 618 and 

14 to administer and carry out other services and activities 

15 to improve data collection, coordination, quality, and use 

16 under parts B and C of the IDEA: Provided further, That 

17 the Secretary may use funds made available for the State 

18 Personnel Development Grants program under part D, 

19 subpart 1 of IDEA to evaluate program performance 

20 under such subpart: Provided further, That States may 

21 use funds reserved for other State-level activities under 

22 sections 611(e)(2) and 619(f) of the IDEA to make sub23 grants to local educational agencies, institutions of higher 

24 education, other public agencies, and private non-profit or25 ganizations to carry out activities authorized by those secVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 tions: Provided further, That, notwithstanding section 

2 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for 

3 grants pursuant to section 643(e) of such Act, the Sec4 retary shall provide a grant to each State in an amount 

5 equal to the maximum amount described in section 

6 643(e)(2)(B) of such Act: Provided further, That if more 

7 than 5 States apply for grants pursuant to section 643(e) 

8 of the IDEA, the Secretary shall award funds to those 

9 States on the basis of the States’ relative populations of 

10 infants and toddlers except that no such State shall re11 ceive a grant in excess of the amount described in section 

12 643(e)(2)(B) of such Act: Provided further, That States 

13 may use funds allotted under section 643(c) of the IDEA 

14 to make subgrants to early intervention providers to carry 

15 out activities authorized by section 638 of IDEA: Provided 

16 further, That, notwithstanding section 638 of the IDEA, 

17 any State receiving a grant under section 633 of the IDEA 

18 must reserve not less than ten percent of its award for 

19 use in a manner described in a State plan, approved by 

20 the Secretary, to ensure equitable access to and participa21 tion in part C services in the State, particularly for popu22 lations that have been traditionally underrepresented in 

23 the program: Provided further, That, notwithstanding sec24 tion 632(4)(B) of the IDEA, a State receiving a grant 

25 under section 633 of the IDEA may establish a system 


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1 of payments but may not include in that system family 

2 fees or any out-of-pocket costs to families for early inter3 vention services insofar as such prohibition does not affect 

4 the ability of states to maximize the use of private insur5 ance and Medicaid consistent with section 631(b)(2): Pro6 vided further, That any State seeking to amend its eligi7 bility criteria under section 635(a)(1) of the IDEA in such 

8 a way that would have the effect of reducing the number 

9 of infants and families who are eligible under part C must 

10 conduct the public participation under section 637(a)(8) 

11 of the IDEA at least 24 months prior to implementing 

12 such a change: Provided further, That, notwithstanding 

13 section 638 of the IDEA, a State may use funds it receives 

14 under section 633 of the IDEA to offer continued early 

15 intervention services to a child who previously received 

16 services under part C of the IDEA from age three until 

17 the beginning of the school year following the child’s third 

18 birthday with parental consent and without regard to the 

19 procedures in section 635(c) of the IDEA. 

20 REHABILITATION SERVICES

21 For carrying out, to the extent not otherwise pro22 vided, the Rehabilitation Act of 1973 and the Helen Keller 

23 National Center Act, $3,874,145,000, of which 

24 $3,719,121,000 shall be for grants for vocational rehabili25 tation services under title I of the Rehabilitation Act: ProVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 vided, That the Secretary may use amounts provided in 

2 this Act that remain available subsequent to the reallot3 ment of funds to States pursuant to section 110(b) of the 

4 Rehabilitation Act for innovative activities aimed at in5 creasing competitive integrated employment as defined in 

6 section 7 of such Act for youth and other individuals with 

7 disabilities: Provided further, That up to 15 percent of the 

8 amounts available for innovative activities described in the 

9 preceding proviso from funds provided under this para10 graph in this Act and title III of the Departments of 

11 Labor, Health and Human Services, and Education, and 

12 Related Agencies Appropriations Act, 2021 (division H of 

13 Public Law 116–260), may be used for evaluation and 

14 technical assistance related to such activities: Provided 

15 further, That States may award subgrants for a portion 

16 of the funds to other public and private, nonprofit entities: 

17 Provided further, That any funds provided in this Act and 

18 made available subsequent to reallotment for innovative 

19 activities aimed at improving the outcomes of individuals 

20 with disabilities shall remain available until September 30, 

21 2023: Provided further, That of the amounts made avail22 able under this heading, $2,325,000 shall be used for the 

23 projects, and in the amounts, specified in the explanatory 

24 statement accompanying this Act: Provided further, That 

25 none of the funds made available for projects described 


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1 in the preceding proviso shall be subject to section 302 

2 of this Act. 

3 SPECIAL INSTITUTIONS FOR PERSONS WITH

4 DISABILITIES

5 AMERICAN PRINTING HOUSE FOR THE BLIND

6 For carrying out the Act to Promote the Education 

7 of the Blind of March 3, 1879, $41,431,000. 

8 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

9 For the National Technical Institute for the Deaf 

10 under titles I and II of the Education of the Deaf Act 

11 of 1986, $90,700,000: Provided, That from the total 

12 amount available, the Institute may at its discretion use 

13 funds for the endowment program as authorized under 

14 section 207 of such Act. 

15 GALLAUDET UNIVERSITY

16 For the Kendall Demonstration Elementary School, 

17 the Model Secondary School for the Deaf, and the partial 

18 support of Gallaudet University under titles I and II of 

19 the Education of the Deaf Act of 1986, $164,361,000, of 

20 which up to $25,000,000, to remain available until ex21 pended, shall be for construction, as defined by section 

22 201(2) of the Education of the Deaf Act of 1986: Pro23 vided, That from the total amount available, the Univer24 sity may at its discretion use funds for the endowment 

25 program as authorized under section 207 of such Act. 


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1 CAREER, TECHNICAL, AND ADULT EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, the Carl D. Perkins Career and Technical Edu4 cation Act of 2006 (‘‘Perkins Act’’) and the Adult Edu5 cation and Family Literacy Act (‘‘AEFLA’’), 

6 $2,132,848,000, of which $1,341,848,000 shall become 

7 available on July 1, 2022, and shall remain available 

8 through September 30, 2023, and of which $791,000,000 

9 shall become available on October 1, 2022, and shall re10 main available through September 30, 2023: Provided, 

11 That up to $20,000,000 shall be for competitive grants 

12 for local educational agencies to carry out evidence-based 

13 middle and high school career and technical education in14 novation programs: Provided further, That of the amounts 

15 made available for AEFLA, $23,000,000 shall be for na16 tional leadership activities under section 242. 

17 STUDENT FINANCIAL ASSISTANCE

18 For carrying out subparts 1, 3, and 10 of part A, 

19 and part C of title IV of the HEA, $26,413,460,000 which 

20 shall remain available through September 30, 2023. 

21 The maximum Pell Grant for which a student shall 

22 be eligible during award year 2022–2023 shall be $5,835. 

23 STUDENT AID ADMINISTRATION

24 For Federal administrative expenses to carry out part 

25 D of title I, and subparts 1, 3, 9, and 10 of part A, and 


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1 parts B, C, D, and E of title IV of the HEA, and subpart 

2 1 of part A of title VII of the Public Health Service Act, 

3 $2,033,943,000, to remain available through September 

4 30, 2023: Provided, That until any new and long-term 

5 Federal student loan servicing environment (‘‘future serv6 icing environment’’), including the Federal Student Aid 

7 (FSA) Next Generation Processing and Servicing Envi8 ronment (Next Gen), is capable of servicing new student 

9 loan borrower accounts, the Secretary shall continue to al10 locate new student loan borrower accounts to eligible stu11 dent loan servicers on the basis of their past performance 

12 compared to all loan servicers utilizing established com13 mon metrics, and on the basis of the capacity of each 

14 servicer to process new and existing accounts: Provided 

15 further, That for student loan servicing contracts awarded 

16 prior to October 1, 2017, the Secretary shall allow student 

17 loan borrowers who are consolidating Federal student 

18 loans to select from any student loan servicer that is meet19 ing contract requirements to service their new consolidated 

20 student loan: Provided further, That the Secretary shall 

21 ensure that all contractors in the current and future serv22 icing environments are held accountable for performance 

23 on service levels, non-compliance with Department guide24 lines, non-compliance with contractual requirements, and 

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1 sumer protection law, including for failure to sufficiently 

2 inform borrowers of available repayment, forgiveness, or 

3 discharge options: Provided further, That the Secretary 

4 shall ensure that all contractors in the current and future 

5 servicing environments incentivize more support to bor6 rowers at risk of delinquency or default: Provided further, 

7 That the Secretary shall evaluate all contractors in the 

8 current and future servicing environments based on their 

9 ability to meet contract requirements, relevant experience 

10 and demonstrated effectiveness, and a history of compli11 ance with applicable Federal and State consumer protec12 tion laws: Provided further, That in order to promote ac13 countability and high-quality service to borrowers, the Sec14 retary shall not award funding for a future servicing envi15 ronment unless such an environment provides for the par16 ticipation of multiple student loan servicers that contract 

17 directly with the Department: Provided further, That to 

18 the extent that the Secretary permits student loan serv19 icing subcontracting in the future servicing environment, 

20 the Secretary shall hold prime contractors accountable for 

21 meeting the requirements of the contract, and the per22 formance and expectations of subcontractors shall be ac23 counted for in the prime contract and in the overall per24 formance of the prime contractor: Provided further, That 

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1 struct, directly or indirectly, Federal or State law enforce2 ment, regulation, or information collection from the De3 partment’s contractors: Provided further, That the Sec4 retary shall strengthen transparency through expanded 

5 publication of quarterly data on student loan discharges 

6 and forgiveness, collections, and contractor performance 

7 and outcomes: Provided further, That the Secretary shall 

8 ensure that the future servicing environment provides for 

9 a single, centralized website and phone line with U.S. De10 partment of Education branding for all federally-held stu11 dent loan borrowers to manage account information and 

12 make payments: Provided further, That the Secretary shall 

13 ensure that the name and other identifying information 

14 of any contractor involved in the future servicing environ15 ment that interacts directly with borrowers is made avail16 able upon request or complaint from a borrower or Fed17 eral or State law enforcement, or upon finding of non18 compliance, and including the nature of such interaction 

19 with the borrower: Provided further, That the Secretary 

20 shall ensure that borrowers in the current or future serv21 icing environments who maintain an automated clearing22 house or other automated withdrawal method of payment 

23 are not removed from such payment method unless the 

24 borrower specifically and affirmatively requests to be re25 moved: Provided further, That the Secretary shall provide 


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1 quarterly briefings to the Committees on Appropriations 

2 and Education and Labor of the House of Representatives 

3 and the Committees on Appropriations and Health, Edu4 cation, Labor, and Pensions of the Senate on general 

5 progress related to solicitations for Federal student loan 

6 servicing contracts (including contracts awarded, change 

7 orders, bonuses paid to staff, reorganization costs, and 

8 any other activity carried out using amounts provided 

9 under this heading for fiscal year 2022). 

10 HIGHER EDUCATION

11 For carrying out, to the extent not otherwise pro12 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 

13 the Mutual Educational and Cultural Exchange Act of 

14 1961, and section 117 of the Perkins Act, 

15 $3,383,375,000: Provided, That notwithstanding any 

16 other provision of law, funds made available in this Act 

17 to carry out title VI of the HEA and section 102(b)(6) 

18 of the Mutual Educational and Cultural Exchange Act of 

19 1961 may be used to support visits and study in foreign 

20 countries by individuals who are participating in advanced 

21 foreign language training and international studies in 

22 areas that are vital to United States national security and 

23 who plan to apply their language skills and knowledge of 

24 these countries in the fields of government, the profes25 sions, or international development: Provided further, That 


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1 of the funds referred to in the preceding proviso up to 

2 1 percent may be used for program evaluation, national 

3 outreach, and information dissemination activities: Pro4 vided further, That up to 1.5 percent of the funds made 

5 available under chapter 2 of subpart 2 of part A of title 

6 IV of the HEA may be used for evaluation: Provided fur7 ther, That section 313(d) of the HEA shall not apply to 

8 an institution of higher education that is eligible to receive 

9 funding under section 318 of the HEA: Provided further, 

10 That amounts made available for carrying out section 

11 419N of the HEA may be awarded notwithstanding the 

12 limitations in section 419N(b)(2) of the HEA: Provided 

13 further, That of the amounts made available under this 

14 heading, $167,665,000 shall be used for the projects, and 

15 in the amounts, specified in the explanatory statement ac16 companying this Act: Provided further, That none of the 

17 funds made available for projects described in the pre18 ceding proviso shall be subject to section 302 of this Act. 

19 HOWARD UNIVERSITY

20 For partial support of Howard University, 

21 $311,018,000, of which not less than $3,405,000 shall be 

22 for a matching endowment grant pursuant to the Howard 

23 University Endowment Act and shall remain available 

24 until expended. 


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1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

3 For Federal administrative expenses to carry out ac4 tivities related to existing facility loans pursuant to section 

5 121 of the HEA, $435,000. 

6 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

7 CAPITAL FINANCING PROGRAM ACCOUNT

8 For the cost of guaranteed loans, $20,150,000, as au9 thorized pursuant to part D of title III of the HEA, which 

10 shall remain available through September 30, 2023: Pro11 vided, That such costs, including the cost of modifying 

12 such loans, shall be as defined in section 502 of the Con13 gressional Budget Act of 1974: Provided further, That 

14 these funds are available to subsidize total loan principal, 

15 any part of which is to be guaranteed, not to exceed 

16 $274,149,000: Provided further, That these funds may be 

17 used to support loans to public and private Historically 

18 Black Colleges and Universities without regard to the limi19 tations within section 344(a) of the HEA. 

20 In addition, for administrative expenses to carry out 

21 the Historically Black College and University Capital Fi22 nancing Program entered into pursuant to part D of title 

23 III of the HEA, $334,000. 


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1 INSTITUTE OF EDUCATION SCIENCES

2 For necessary expenses for the Institute of Education 

3 Sciences as authorized by section 208 of the Department 

4 of Education Organization Act and carrying out activities 

5 authorized by the National Assessment of Educational 

6 Progress Authorization Act, section 208 of the Edu7 cational Technical Assistance Act of 2002, and section 

8 664 of the Individuals with Disabilities Education Act, 

9 $814,492,000, which shall remain available through Sep10 tember 30, 2023: Provided, That funds available to carry 

11 out section 208 of the Educational Technical Assistance 

12 Act may be used to link Statewide elementary and sec13 ondary data systems with early childhood, postsecondary, 

14 and workforce data systems, or to further develop such 

15 systems: Provided further, That up to $6,000,000 of the 

16 funds available to carry out section 208 of the Educational 

17 Technical Assistance Act may be used for awards to public 

18 or private organizations or agencies to support activities 

19 to improve data coordination, quality, and use at the local, 

20 State, and national levels. 

21 DEPARTMENTAL MANAGEMENT

22 PROGRAM ADMINISTRATION

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1 lumbia and hire of three passenger motor vehicles, 

2 $419,973,000, of which up to $13,000,000, to remain 

3 available until expended, shall be available for relocation 

4 expenses, and for the renovation and repair of leased 

5 buildings: Provided, That, notwithstanding any other pro6 vision of law, none of the funds provided by this Act or 

7 provided by previous Appropriations Acts to the Depart8 ment of Education available for obligation or expenditure 

9 in the current fiscal year may be used for any activity re10 lating to implementing a reorganization that decentralizes, 

11 reduces the staffing level, or alters the responsibilities, 

12 structure, authority, or functionality of the Budget Service 

13 of the Department of Education, relative to the organiza14 tion and operation of the Budget Service as in effect on 

15 January 1, 2018. 

16 OFFICE FOR CIVIL RIGHTS

17 For expenses necessary for the Office for Civil 

18 Rights, as authorized by section 203 of the Department 

19 of Education Organization Act, $144,000,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General, as authorized by section 212 of the Department 

23 of Education Organization Act, $70,115,000, of which 

24 $2,000,000 shall remain available until expended. 


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1 GENERAL PROVISIONS

2 SEC. 301. No funds appropriated in this Act may be 

3 used to prevent the implementation of programs of vol4 untary prayer and meditation in the public schools. 

5 (TRANSFER OF FUNDS)

6 SEC. 302. Not to exceed 1 percent of any discre7 tionary funds (pursuant to the Balanced Budget and 

8 Emergency Deficit Control Act of 1985) which are appro9 priated for the Department of Education in this Act may 

10 be transferred between appropriations, but no such appro11 priation shall be increased by more than 3 percent by any 

12 such transfer: Provided, That the transfer authority 

13 granted by this section shall not be used to create any 

14 new program or to fund any project or activity for which 

15 no funds are provided in this Act: Provided further, That 

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate are notified at least 15 days 

18 in advance of any transfer. 

19 SEC. 303. Funds appropriated in this Act and con20 solidated for evaluation purposes under section 8601(c) of 

21 the ESEA shall be available from July 1, 2022, through 

22 September 30, 2023. 

23 SEC. 304. (a) An institution of higher education that 

24 maintains an endowment fund supported with funds ap25 propriated for title III or V of the HEA for fiscal year 


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1 2022 may use the income from that fund to award schol2 arships to students, subject to the limitation in section 

3 331(c)(3)(B)(i) of the HEA. The use of such income for 

4 such purposes, prior to the enactment of this Act, shall 

5 be considered to have been an allowable use of that in6 come, subject to that limitation. 

7 (b) Subsection (a) shall be in effect until titles III 

8 and V of the HEA are reauthorized. 

9 SEC. 305. Section 114(f) of the HEA (20 U.S.C. 

10 1011c(f)) shall be applied by substituting ‘‘2022’’ for 

11 ‘‘2021’’. 

12 SEC. 306. Section 458(a)(4) of the HEA (20 U.S.C. 

13 1087h(a)) shall be applied by substituting ‘‘2022’’ for 

14 ‘‘2021’’. 

15 SEC. 307. Funds appropriated in this Act under the 

16 heading ‘‘Student Aid Administration’’ may be available 

17 for payments for student loan servicing to an institution 

18 of higher education that services outstanding Federal Per19 kins Loans under part E of title IV of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1087aa et seq.). 

21 (RESCISSION)

22 SEC. 308. Of the amounts appropriated under Sec23 tion 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 

24 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 

25 2022, $85,000,000 are hereby rescinded. 


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1 SEC. 309. Of the amounts made available under this 

2 title under the heading ‘‘Student Aid Administration’’, 

3 $2,300,000 shall be used by the Secretary of Education 

4 to conduct direct outreach to all borrowers of loans made, 

5 insured, or guaranteed under title IV of the Higher Edu6 cation Act of 1965 who may intend to qualify for loan 

7 cancellation under section 455(m) of such Act (20 U.S.C. 

8 1087e(m)) or for Temporary Expanded Public Service 

9 Loan Forgiveness (TEPSLF), to ensure that borrowers 

10 are meeting the terms and conditions of such loan can11 cellation programs: Provided, That the Secretary shall spe12 cifically conduct outreach to assist all borrowers who 

13 would qualify for loan cancellation under section 455(m) 

14 of such Act except that the borrower has made some, or 

15 all, of the 120 required payments under a repayment plan 

16 that is not described under section 455(m)(A) of such Act, 

17 to encourage borrowers to apply for TEPSLF or to enroll 

18 in a qualifying repayment plan: Provided further, That the 

19 Secretary shall also communicate directly to all federally20 held student loan borrowers the full requirements of sec21 tion 455(m) of such Act and of TEPSLF, and improve 

22 progress toward cancellation by providing improved out23 reach and information such as outbound calls, electronic 

24 communications, ensuring prominent access to program 

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1 ating an option for all borrowers to complete the entire 

2 payment certification process electronically and on a cen3 tralized website, including obtaining an employer’s signa4 ture. 

5 SEC. 310. For an additional amount for ‘‘Department 

6 of Education—Federal Direct Student Loan Program Ac7 count’’, $50,000,000, to remain available until expended, 

8 shall be for the cost, as defined under section 502 of the 

9 Congressional Budget Act of 1974, of the Secretary of 

10 Education providing loan cancellation in the same manner 

11 as under section 455(m) of the Higher Education Act of 

12 1965 (20 U.S.C. 1087e(m)), for borrowers of loans made, 

13 insured, or guaranteed under title IV of such Act who 

14 would qualify for loan cancellation under section 455(m) 

15 except some, or all, of the 120 required payments under 

16 section 455(m)(1)(A) do not qualify for purposes of the 

17 program because they were monthly payments made in ac18 cordance with graduated or extended repayment plans as 

19 described under subparagraph (B) or (C) of section 

20 455(d)(1) or the corresponding repayment plan for a con21 solidation loan made under section 455(g) and that were 

22 less than the amount calculated under section 

23 455(d)(1)(A), based on a 10-year repayment period: Pro24 vided, That the total loan volume, including outstanding 

25 principal, fees, capitalized interest, or accrued interest, at 


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1 application that is eligible for such loan cancellation by 

2 such borrowers shall not exceed $75,000,000: Provided 

3 further, That the Secretary shall continue to maintain a 

4 simple method for borrowers to apply for loan cancellation 

5 under this section: Provided further, That the Secretary 

6 shall provide loan cancellation under this section to eligible 

7 borrowers on a first-come, first-serve basis, based on the 

8 date of application and subject to both the limitation on 

9 total loan volume at application for such loan cancellation 

10 specified in the second proviso and the availability of ap11 propriations under this section: Provided further, That 

12 funds appropriated in section 315 of division H of Public 

13 Law 115–141, section 313 of division B of Public Law 

14 115–245, section 314 of division A of Public Law 116– 

15 94, and section 311 of division H of Public Law 116–260 

16 that remain available for the cancellation of loans as de17 scribed in such sections may be used for the cancellation 

18 of loans under the same terms and conditions as provided 

19 under this section. 

20 SEC. 311. Notwithstanding any other provision of 

21 law, the Secretary may reserve not more than 0.5 percent 

22 from any amount made available in this Act for an HEA 

23 program, except for any amounts made available for sub24 part 1 of part A of title IV of the HEA, to carry out rig25 orous and independent evaluations and to collect and anaVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 lyze outcome data for any program authorized by the 

2 HEA: Provided, That no funds made available in this Act 

3 for the ‘‘Student Aid Administration’’ account shall be 

4 subject to the reservation under this section: Provided fur5 ther, That any funds reserved under this section shall be 

6 available through September 30, 2023: Provided further, 

7 That if, under any other provision of law, funds are au8 thorized to be reserved or used for evaluation activities 

9 with respect to a program or project, the Secretary may 

10 also reserve funds for such program or project for the pur11 poses described in this section so long as the total reserva12 tion of funds for such program or project does not exceed 

13 any statutory limits on such reservations: Provided fur14 ther, That not later than 10 days prior to the initial obli15 gation of funds reserved under this section, the Secretary 

16 shall submit to the Committees on Appropriations of the 

17 Senate and the House of Representatives, the Committee 

18 on Health, Education, Labor and Pensions of the Senate, 

19 and the Committee on Education and Labor of the House 

20 of Representatives a plan that identifies the source and 

21 amount of funds reserved under this section, the impact 

22 on program grantees if funds are withheld for the pur23 poses of this section, and the activities to be carried out 

24 with such funds. 


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1 SEC. 312. In addition to amounts otherwise appro2 priated by this Act under the heading ‘‘Innovation and 

3 Improvement’’ for purposes authorized by the Elementary 

4 and Secondary Education Act of 1965, there are hereby 

5 appropriated an additional $54,085,000 which shall be 

6 used for the projects, and in the amounts, specified in the 

7 explanatory statement accompanying this Act: Provided, 

8 That none of the funds made available for such projects 

9 shall be subject to section 302 of this Act. 

10 This title may be cited as the ‘‘Department of Edu11 cation Appropriations Act, 2022’’. 


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1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary for the Committee for Pur7 chase From People Who Are Blind or Severely Disabled 

8 (referred to in this title as ‘‘the Committee’’) established 

9 under section 8502 of title 41, United States Code, 

10 $12,000,000: Provided, That in order to authorize any 

11 central nonprofit agency designated pursuant to section 

12 8503(c) of title 41, United States Code, to perform re13 quirements of the Committee as prescribed under section 

14 51–3.2 of title 41, Code of Federal Regulations, the Com15 mittee shall enter into a written agreement with any such 

16 central nonprofit agency: Provided further, That such 

17 agreement shall contain such auditing, oversight, and re18 porting provisions as necessary to implement chapter 85 

19 of title 41, United States Code: Provided further, That 

20 such agreement shall include the elements listed under the 

21 heading ‘‘Committee For Purchase From People Who Are 

22 Blind or Severely Disabled—Written Agreement Ele23 ments’’ in the explanatory statement described in section 

24 4 of Public Law 114–113 (in the matter preceding division 

25 A of that consolidated Act): Provided further, That any 


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1 such central nonprofit agency may not charge a fee under 

2 section 51–3.5 of title 41, Code of Federal Regulations, 

3 prior to executing a written agreement with the Com4 mittee: Provided further, That no less than $3,000,000 

5 shall be available for the Office of Inspector General. 

6 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

7 OPERATING EXPENSES

8 For necessary expenses for the Corporation for Na9 tional and Community Service (referred to in this title as 

10 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

11 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

12 National and Community Service Act of 1990 (referred 

13 to in this title as ‘‘1990 Act’’), $900,120,000, notwith14 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

15 501(a)(4)(F) of the 1990 Act: Provided, That of the 

16 amounts provided under this heading: (1) up to 1 percent 

17 of program grant funds may be used to defray the costs 

18 of conducting grant application reviews, including the use 

19 of outside peer reviewers and electronic management of 

20 the grants cycle; (2) $19,538,000 shall be available to pro21 vide assistance to State commissions on national and com22 munity service, under section 126(a) of the 1990 Act and 

23 notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) 

24 $37,735,000 shall be available to carry out subtitle E of 

25 the 1990 Act; and (4) $6,400,000 shall be available for 


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1 expenses authorized under section 501(a)(4)(F) of the 

2 1990 Act, which, notwithstanding the provisions of section 

3 198P shall be awarded by CNCS on a competitive basis: 

4 Provided further, That for the purposes of carrying out 

5 the 1990 Act, satisfying the requirements in section 

6 122(c)(1)(D) may include a determination of need by the 

7 local community. 

8 PAYMENT TO THE NATIONAL SERVICE TRUST

9 (INCLUDING TRANSFER OF FUNDS)

10 For payment to the National Service Trust estab11 lished under subtitle D of title I of the 1990 Act, 

12 $187,000,000, to remain available until expended: Pro13 vided, That CNCS may transfer additional funds from the 

14 amount provided within ‘‘Operating Expenses’’ allocated 

15 to grants under subtitle C of title I of the 1990 Act to 

16 the National Service Trust upon determination that such 

17 transfer is necessary to support the activities of national 

18 service participants and after notice is transmitted to the 

19 Committees on Appropriations of the House of Represent20 atives and the Senate: Provided further, That amounts ap21 propriated for or transferred to the National Service Trust 

22 may be invested under section 145(b) of the 1990 Act 

23 without regard to the requirement to apportion funds 

24 under 31 U.S.C. 1513(b). 


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1 SALARIES AND EXPENSES

2 For necessary expenses of administration as provided 

3 under section 501(a)(5) of the 1990 Act and under section 

4 504(a) of the 1973 Act, including payment of salaries, au5 thorized travel, hire of passenger motor vehicles, the rental 

6 of conference rooms in the District of Columbia, the em7 ployment of experts and consultants authorized under 5 

8 U.S.C. 3109, and not to exceed $2,500 for official recep9 tion and representation expenses, $91,186,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

12 General in carrying out the Inspector General Act of 1978, 

13 $6,960,000. 

14 ADMINISTRATIVE PROVISIONS

15 SEC. 401. CNCS shall make any significant changes 

16 to program requirements, service delivery or policy only 

17 through public notice and comment rulemaking. For fiscal 

18 year 2022, during any grant selection process, an officer 

19 or employee of CNCS shall not knowingly disclose any cov20 ered grant selection information regarding such selection, 

21 directly or indirectly, to any person other than an officer 

22 or employee of CNCS that is authorized by CNCS to re23 ceive such information. 

24 SEC. 402. AmeriCorps programs receiving grants 

25 under the National Service Trust program shall meet an 


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1 overall minimum share requirement of 24 percent for the 

2 first 3 years that they receive AmeriCorps funding, and 

3 thereafter shall meet the overall minimum share require4 ment as provided in section 2521.60 of title 45, Code of 

5 Federal Regulations, without regard to the operating costs 

6 match requirement in section 121(e) or the member sup7 port Federal share limitations in section 140 of the 1990 

8 Act, and subject to partial waiver consistent with section 

9 2521.70 of title 45, Code of Federal Regulations. 

10 SEC. 403. Donations made to CNCS under section 

11 196 of the 1990 Act for the purposes of financing pro12 grams and operations under titles I and II of the 1973 

13 Act or subtitle B, C, D, or E of title I of the 1990 Act 

14 shall be used to supplement and not supplant current pro15 grams and operations. 

16 SEC. 404. In addition to the requirements in section 

17 146(a) of the 1990 Act, use of an educational award for 

18 the purpose described in section 148(a)(4) shall be limited 

19 to individuals who are veterans as defined under section 

20 101 of the Act. 

21 SEC. 405. For the purpose of carrying out section 

22 189D of the 1990 Act— 

23 (1) entities described in paragraph (a) of such 

24 section shall be considered ‘‘qualified entities’’ under 


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1 section 3 of the National Child Protection Act of 

2 1993 (‘‘NCPA’’); 

3 (2) individuals described in such section shall 

4 be considered ‘‘volunteers’’ under section 3 of 

5 NCPA; and 

6 (3) State Commissions on National and Com7 munity Service established pursuant to section 178 

8 of the 1990 Act, are authorized to receive criminal 

9 history record information, consistent with Public 

10 Law 92–544. 

11 SEC. 406. Notwithstanding sections 139(b), 146 and 

12 147 of the 1990 Act, an individual who successfully com13 pletes a term of service of not less than 1,200 hours dur14 ing a period of not more than one year may receive a na15 tional service education award having a value of 70 per16 cent of the value of a national service education award 

17 determined under section 147(a) of the Act. 

18 CORPORATION FOR PUBLIC BROADCASTING

19 For payment to the Corporation for Public Broad20 casting (‘‘CPB’’), as authorized by the Communications 

21 Act of 1934, an amount which shall be available within 

22 limitations specified by that Act, for the fiscal year 2024, 

23 $565,000,000: Provided, That none of the funds made 

24 available to CPB by this Act shall be used to pay for re25 ceptions, parties, or similar forms of entertainment for 


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1 Government officials or employees: Provided further, That 

2 none of the funds made available to CPB by this Act shall 

3 be available or used to aid or support any program or ac4 tivity from which any person is excluded, or is denied ben5 efits, or is discriminated against, on the basis of race, 

6 color, national origin, religion, or sex: Provided further, 

7 That none of the funds made available to CPB by this 

8 Act shall be used to apply any political test or qualification 

9 in selecting, appointing, promoting, or taking any other 

10 personnel action with respect to officers, agents, and em11 ployees of CPB. 

12 In addition, for the costs associated with replacing 

13 and upgrading the public broadcasting interconnection 

14 system and other technologies and services that create in15 frastructure and efficiencies within the public media sys16 tem, $20,000,000. 

17 FEDERAL MEDIATION AND CONCILIATION SERVICE

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Mediation 

20 and Conciliation Service (‘‘Service’’) to carry out the func21 tions vested in it by the Labor-Management Relations Act, 

22 1947, including hire of passenger motor vehicles; for ex23 penses necessary for the Labor-Management Cooperation 

24 Act of 1978; and for expenses necessary for the Service 

25 to carry out the functions vested in it by the Civil Service 


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1 Reform Act, $50,000,000: Provided, That notwithstanding 

2 31 U.S.C. 3302, fees charged, up to full-cost recovery, for 

3 special training activities and other conflict resolution 

4 services and technical assistance, including those provided 

5 to foreign governments and international organizations, 

6 and for arbitration services shall be credited to and 

7 merged with this account, and shall remain available until 

8 expended: Provided further, That fees for arbitration serv9 ices shall be available only for education, training, and 

10 professional development of the agency workforce: Pro11 vided further, That the Director of the Service is author12 ized to accept and use on behalf of the United States gifts 

13 of services and real, personal, or other property in the aid 

14 of any projects or functions within the Director’s jurisdic15 tion. 

16 FEDERAL MINE SAFETY AND HEALTH REVIEW

17 COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Mine Safety 

20 and Health Review Commission, $17,539,000. 

21 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

22 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

23 AND ADMINISTRATION

24 For carrying out the Museum and Library Services 

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1 ican History and Culture Act, $282,000,000: Provided, 

2 That $3,000,000 shall remain available until expended for 

3 the establishment and support of an Information Literacy 

4 Taskforce appointed and led by the Director of the Insti5 tute of Museum and Library Services: Provided further, 

6 That such Taskforce shall take actions it deems necessary 

7 to improve the quality of and increase access to informa8 tion literacy skills development. 

9 MEDICAID AND CHIP PAYMENT AND ACCESS

10 COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary to carry out section 1900 of 

13 the Social Security Act, $9,350,000. 

14 MEDICARE PAYMENT ADVISORY COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary to carry out section 1805 of 

17 the Social Security Act, $13,310,000, to be transferred to 

18 this appropriation from the Federal Hospital Insurance 

19 Trust Fund and the Federal Supplementary Medical In20 surance Trust Fund. 

21 NATIONAL COUNCIL ON DISABILITY

22 SALARIES AND EXPENSES

23 For expenses necessary for the National Council on 

24 Disability as authorized by title IV of the Rehabilitation 

25 Act of 1973, $3,750,000. 


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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, and other laws, 

6 $301,925,000: Provided, That no part of this appropria7 tion shall be available to organize or assist in organizing 

8 agricultural laborers or used in connection with investiga9 tions, hearings, directives, or orders concerning bargaining 

10 units composed of agricultural laborers as referred to in 

11 section 2(3) of the Act of July 5, 1935, and as amended 

12 by the Labor-Management Relations Act, 1947, and as de13 fined in section 3(f) of the Act of June 25, 1938, and 

14 including in said definition employees engaged in the 

15 maintenance and operation of ditches, canals, reservoirs, 

16 and waterways when maintained or operated on a mutual, 

17 nonprofit basis and at least 95 percent of the water stored 

18 or supplied thereby is used for farming purposes. 

19 NATIONAL MEDIATION BOARD

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out the provisions 

22 of the Railway Labor Act, including emergency boards ap23 pointed by the President, $14,542,000. 


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1 OCCUPATIONAL SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Occupational Safety 

5 and Health Review Commission, $15,028,000. 

6 RAILROAD RETIREMENT BOARD

7 DUAL BENEFITS PAYMENTS ACCOUNT

8 For payment to the Dual Benefits Payments Ac9 count, authorized under section 15(d) of the Railroad Re10 tirement Act of 1974, $11,000,000, which shall include 

11 amounts becoming available in fiscal year 2022 pursuant 

12 to section 224(c)(1)(B) of Public Law 98–76; and in addi13 tion, an amount, not to exceed 2 percent of the amount 

14 provided herein, shall be available proportional to the 

15 amount by which the product of recipients and the average 

16 benefit received exceeds the amount available for payment 

17 of vested dual benefits: Provided, That the total amount 

18 provided herein shall be credited in 12 approximately 

19 equal amounts on the first day of each month in the fiscal 

20 year. 

21 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

22 ACCOUNTS

23 For payment to the accounts established in the 

24 Treasury for the payment of benefits under the Railroad 

25 Retirement Act for interest earned on unnegotiated 


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1 checks, $150,000, to remain available through September 

2 30, 2023, which shall be the maximum amount available 

3 for payment pursuant to section 417 of Public Law 98– 

4 76. 

5 LIMITATION ON ADMINISTRATION

6 For necessary expenses for the Railroad Retirement 

7 Board (‘‘Board’’) for administration of the Railroad Re8 tirement Act and the Railroad Unemployment Insurance 

9 Act, $125,049,000, to be derived in such amounts as de10 termined by the Board from the railroad retirement ac11 counts and from moneys credited to the railroad unem12 ployment insurance administration fund: Provided, That 

13 notwithstanding section 7(b)(9) of the Railroad Retire14 ment Act this limitation may be used to hire attorneys 

15 only through the excepted service: Provided further, That 

16 the previous proviso shall not change the status under 

17 Federal employment laws of any attorney hired by the 

18 Railroad Retirement Board prior to January 1, 2013: Pro19 vided further, That notwithstanding section 7(b)(9) of the 

20 Railroad Retirement Act, this limitation may be used to 

21 hire students attending qualifying educational institutions 

22 or individuals who have recently completed qualifying edu23 cational programs using current excepted hiring authori24 ties established by the Office of Personnel Management. 


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1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General for audit, investigatory and review activities, as 

4 authorized by the Inspector General Act of 1978, not more 

5 than $12,650,000, to be derived from the railroad retire6 ment accounts and railroad unemployment insurance ac7 count. 

8 SOCIAL SECURITY ADMINISTRATION

9 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

10 For payment to the Federal Old-Age and Survivors 

11 Insurance Trust Fund and the Federal Disability Insur12 ance Trust Fund, as provided under sections 201(m) and 

13 1131(b)(2) of the Social Security Act, $11,000,000. 

14 SUPPLEMENTAL SECURITY INCOME PROGRAM

15 For carrying out titles XI and XVI of the Social Se16 curity Act, section 401 of Public Law 92–603, section 212 

17 of Public Law 93–66, as amended, and section 405 of 

18 Public Law 95–216, including payment to the Social Secu19 rity trust funds for administrative expenses incurred pur20 suant to section 201(g)(1) of the Social Security Act, 

21 $46,122,423,000, to remain available until expended: Pro22 vided, That any portion of the funds provided to a State 

23 in the current fiscal year and not obligated by the State 

24 during that year shall be returned to the Treasury: Pro25 vided further, That not more than $86,000,000 shall be 


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1 available for research and demonstrations under sections 

2 1110, 1115, and 1144 of the Social Security Act, and re3 main available through September 30, 2024. 

4 For making, after June 15 of the current fiscal year, 

5 benefit payments to individuals under title XVI of the So6 cial Security Act, for unanticipated costs incurred for the 

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

8 For making benefit payments under title XVI of the 

9 Social Security Act for the first quarter of fiscal year 

10 2023, $15,600,000,000, to remain available until ex11 pended. 

12 LIMITATION ON ADMINISTRATIVE EXPENSES

13 For necessary expenses, including the hire of two pas14 senger motor vehicles, and not to exceed $20,000 for offi15 cial reception and representation expenses, not more than 

16 $13,798,945,000 may be expended, as authorized by sec17 tion 201(g)(1) of the Social Security Act, from any one 

18 or all of the trust funds referred to in such section: Pro19 vided, That not less than $2,700,000 shall be for the So20 cial Security Advisory Board: Provided further, That unob21 ligated balances of funds provided under this paragraph 

22 at the end of fiscal year 2022 not needed for fiscal year 

23 2022 shall remain available until expended to invest in the 

24 Social Security Administration information technology 

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1 structure, including related equipment and non-payroll ad2 ministrative expenses associated solely with this informa3 tion technology and telecommunications infrastructure: 

4 Provided further, That the Commissioner of Social Secu5 rity shall notify the Committees on Appropriations of the 

6 House of Representatives and the Senate prior to making 

7 unobligated balances available under the authority in the 

8 previous proviso: Provided further, That reimbursement to 

9 the trust funds under this heading for expenditures for 

10 official time for employees of the Social Security Adminis11 tration pursuant to 5 U.S.C. 7131, and for facilities or 

12 support services for labor organizations pursuant to poli13 cies, regulations, or procedures referred to in section 

14 7135(b) of such title shall be made by the Secretary of 

15 the Treasury, with interest, from amounts in the general 

16 fund not otherwise appropriated, as soon as possible after 

17 such expenditures are made. 

18 From funds provided under the first paragraph, not 

19 more than $1,708,000,000, to remain available through 

20 March 31, 2023, is for the costs associated with con21 tinuing disability reviews under titles II and XVI of the 

22 Social Security Act, including work-related continuing dis23 ability reviews to determine whether earnings derived from 

24 services demonstrate an individual’s ability to engage in 

25 substantial gainful activity, for the cost associated with 


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1 conducting redeterminations of eligibility under title XVI 

2 of the Social Security Act, for the cost of co-operative dis3 ability investigation units, and for the cost associated with 

4 the prosecution of fraud in the programs and operations 

5 of the Social Security Administration by Special Assistant 

6 United States Attorneys: Provided, That, of such amount, 

7 $273,000,000 is provided to meet the terms of section 

8 4004(b)(1)(B)(i) and section 4005(a)(2)(A) of S. Con. 

9 Res. 14 (117th Congress), the concurrent resolution on 

10 the budget for fiscal year 2022, and $1,435,000,000 is 

11 additional new budget authority specified for purposes of 

12 section 4004(b)(1) and section 4005(a) of such resolution: 

13 Provided further, That, of the additional new budget au14 thority described in the preceding proviso, up to 

15 $12,100,000 may be transferred to the ‘‘Office of Inspec16 tor General’’, Social Security Administration, for the cost 

17 of jointly operated co-operative disability investigation 

18 units: Provided further, That such transfer authority is in 

19 addition to any other transfer authority provided by law: 

20 Provided further, That the Commissioner shall provide to 

21 the Congress (at the conclusion of the fiscal year) a report 

22 on the obligation and expenditure of these funds, similar 

23 to the reports that were required by section 103(d)(2) of 

24 Public Law 104–121 for fiscal years 1996 through 2002: 

25 Provided further, That none of the funds described in this 


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1 paragraph shall be available for transfer or reprogram2 ming except as specified in this paragraph. 

3 In addition, $138,000,000 to be derived from admin4 istration fees in excess of $5.00 per supplementary pay5 ment collected pursuant to section 1616(d) of the Social 

6 Security Act or section 212(b)(3) of Public Law 93–66, 

7 which shall remain available until expended: Provided, 

8 That to the extent that the amounts collected pursuant 

9 to such sections in fiscal year 2022 exceed $138,000,000, 

10 the amounts shall be available in fiscal year 2023 only 

11 to the extent provided in advance in appropriations Acts. 

12 In addition, up to $1,000,000 to be derived from fees 

13 collected pursuant to section 303(c) of the Social Security 

14 Protection Act, which shall remain available until ex15 pended. 

16 OFFICE OF INSPECTOR GENERAL

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses necessary for the Office of Inspector 

19 General in carrying out the provisions of the Inspector 

20 General Act of 1978, $32,000,000, together with not to 

21 exceed $80,000,000, to be transferred and expended as 

22 authorized by section 201(g)(1) of the Social Security Act 

23 from the Federal Old-Age and Survivors Insurance Trust 

24 Fund and the Federal Disability Insurance Trust Fund: 

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1 pended for information technology modernization, includ2 ing related hardware and software infrastructure and 

3 equipment, and for administrative expenses directly asso4 ciated with information technology modernization. 

5 In addition, an amount not to exceed 3 percent of 

6 the total provided in this appropriation may be transferred 

7 from the ‘‘Limitation on Administrative Expenses’’, Social 

8 Security Administration, to be merged with this account, 

9 to be available for the time and purposes for which this 

10 account is available: Provided, That notice of such trans11 fers shall be transmitted promptly to the Committees on 

12 Appropriations of the House of Representatives and the 

13 Senate at least 15 days in advance of any transfer. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of 

16 Public Law 111–148 shall be used, other than for normal 

17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 

20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 

22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 

24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending reguVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 lation, administrative action, or order issued by the execu2 tive branch of any State or local government, except in 

3 presentation to the executive branch of any State or local 

4 government itself. 

5 (b) No part of any appropriation contained in this 

6 Act or transferred pursuant to section 4002 of Public Law 

7 111–148 shall be used to pay the salary or expenses of 

8 any grant or contract recipient, or agent acting for such 

9 recipient, related to any activity designed to influence the 

10 enactment of legislation, appropriations, regulation, ad11 ministrative action, or Executive order proposed or pend12 ing before the Congress or any State government, State 

13 legislature or local legislature or legislative body, other 

14 than for normal and recognized executive-legislative rela15 tionships or participation by an agency or officer of a 

16 State, local or tribal government in policymaking and ad17 ministrative processes within the executive branch of that 

18 government. 

19 (c) The prohibitions in subsections (a) and (b) shall 

20 include any activity to advocate or promote any proposed, 

21 pending or future Federal, State or local tax increase, or 

22 any proposed, pending, or future requirement or restric23 tion on any legal consumer product, including its sale or 

24 marketing, including but not limited to the advocacy or 

25 promotion of gun control. 


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1 SEC. 504. The Secretaries of Labor and Education 

2 are authorized to make available not to exceed $28,000 

3 and $20,000, respectively, from funds available for sala4 ries and expenses under titles I and III, respectively, for 

5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 

7 authorized to make available for official reception and rep8 resentation expenses not to exceed $5,000 from the funds 

9 available for ‘‘Federal Mediation and Conciliation Service, 

10 Salaries and Expenses’’; and the Chairman of the Na11 tional Mediation Board is authorized to make available for 

12 official reception and representation expenses not to ex13 ceed $5,000 from funds available for ‘‘National Mediation 

14 Board, Salaries and Expenses’’. 

15 SEC. 505. When issuing statements, press releases, 

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or 

18 in part with Federal money, all grantees receiving Federal 

19 funds included in this Act, including but not limited to 

20 State and local governments and recipients of Federal re21 search grants, shall clearly state— 

22 (1) the percentage of the total costs of the pro23 gram or project which will be financed with Federal 

24 money; 


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1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 506. (a) None of the funds made available in 

7 this Act may be used for— 

8 (1) the creation of a human embryo or embryos 

9 for research purposes; or 

10 (2) research in which a human embryo or em11 bryos are destroyed, discarded, or knowingly sub12 jected to risk of injury or death greater than that 

13 allowed for research on fetuses in utero under 45 

14 CFR 46.204(b) and section 498(b) of the Public 

15 Health Service Act (42 U.S.C. 289g(b)). 

16 (b) For purposes of this section, the term ‘‘human 

17 embryo or embryos’’ includes any organism, not protected 

18 as a human subject under 45 CFR 46 as of the date of 

19 the enactment of this Act, that is derived by fertilization, 

20 parthenogenesis, cloning, or any other means from one or 

21 more human gametes or human diploid cells. 

22 SEC. 507. (a) None of the funds made available in 

23 this Act may be used for any activity that promotes the 

24 legalization of any drug or other substance included in 

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1 lished under section 202 of the Controlled Substances Act 

2 except for normal and recognized executive-congressional 

3 communications. 

4 (b) The limitation in subsection (a) shall not apply 

5 when there is significant medical evidence of a therapeutic 

6 advantage to the use of such drug or other substance or 

7 that federally sponsored clinical trials are being conducted 

8 to determine therapeutic advantage. 

9 SEC. 508. None of the funds made available in this 

10 Act may be obligated or expended to enter into or renew 

11 a contract with an entity if— 

12 (1) such entity is otherwise a contractor with 

13 the United States and is subject to the requirement 

14 in 38 U.S.C. 4212(d) regarding submission of an 

15 annual report to the Secretary of Labor concerning 

16 employment of certain veterans; and 

17 (2) such entity has not submitted a report as 

18 required by that section for the most recent year for 

19 which such requirement was applicable to such enti20 ty. 

21 SEC. 509. None of the funds made available in this 

22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except 

24 pursuant to a transfer made by, or transfer authority pro25 vided in, this Act or any other appropriation Act. 


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1 SEC. 510. None of the funds made available by this 

2 Act to carry out the Library Services and Technology Act 

3 may be made available to any library covered by para4 graph (1) of section 224(f) of such Act, as amended by 

5 the Children’s Internet Protection Act, unless such library 

6 has made the certifications required by paragraph (4) of 

7 such section. 

8 SEC. 511. (a) None of the funds provided under this 

9 Act, or provided under previous appropriations Acts to the 

10 agencies funded by this Act that remain available for obli11 gation or expenditure in fiscal year 2022, or provided from 

12 any accounts in the Treasury of the United States derived 

13 by the collection of fees available to the agencies funded 

14 by this Act, shall be available for obligation or expenditure 

15 through a reprogramming of funds that— 

16 (1) creates new programs; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel by any means 

19 for any project or activity for which funds have been 

20 denied or restricted; 

21 (4) relocates an office or employees; 

22 (5) reorganizes or renames offices; 

23 (6) reorganizes programs or activities; or 

24 (7) contracts out or privatizes any functions or 

25 activities presently performed by Federal employees; 


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1 unless the Committees on Appropriations of the House of 

2 Representatives and the Senate are consulted 15 days in 

3 advance of such reprogramming or of an announcement 

4 of intent relating to such reprogramming, whichever oc5 curs earlier, and are notified in writing 10 days in advance 

6 of such reprogramming. 

7 (b) None of the funds provided under this Act, or 

8 provided under previous appropriations Acts to the agen9 cies funded by this Act that remain available for obligation 

10 or expenditure in fiscal year 2022, or provided from any 

11 accounts in the Treasury of the United States derived by 

12 the collection of fees available to the agencies funded by 

13 this Act, shall be available for obligation or expenditure 

14 through a reprogramming of funds in excess of $500,000 

15 or 10 percent, whichever is less, that— 

16 (1) augments existing programs, projects (in17 cluding construction projects), or activities; 

18 (2) reduces by 10 percent funding for any exist19 ing program, project, or activity, or numbers of per20 sonnel by 10 percent as approved by Congress; or 

21 (3) results from any general savings from a re22 duction in personnel which would result in a change 

23 in existing programs, activities, or projects as ap24 proved by Congress; 


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1 unless the Committees on Appropriations of the House of 

2 Representatives and the Senate are consulted 15 days in 

3 advance of such reprogramming or of an announcement 

4 of intent relating to such reprogramming, whichever oc5 curs earlier, and are notified in writing 10 days in advance 

6 of such reprogramming. 

7 SEC. 512. (a) None of the funds made available in 

8 this Act may be used to request that a candidate for ap9 pointment to a Federal scientific advisory committee dis10 close the political affiliation or voting history of the can11 didate or the position that the candidate holds with re12 spect to political issues not directly related to and nec13 essary for the work of the committee involved. 

14 (b) None of the funds made available in this Act may 

15 be used to disseminate information that is deliberately 

16 false or misleading. 

17 SEC. 513. Within 45 days of enactment of this Act, 

18 each department and related agency funded through this 

19 Act shall submit an operating plan that details at the pro20 gram, project, and activity level any funding allocations 

21 for fiscal year 2022 that are different than those specified 

22 in this Act, the explanatory statement accompanying this 

23 Act, or the fiscal year 2022 budget request. 

24 SEC. 514. The Secretaries of Labor, Health and 

25 Human Services, and Education shall each prepare and 


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•S 3062 IS

1 submit to the Committees on Appropriations of the House 

2 of Representatives and the Senate a report on the number 

3 and amount of contracts, grants, and cooperative agree4 ments exceeding $500,000, individually or in total for a 

5 particular project, activity, or programmatic initiative, in 

6 value and awarded by the Department on a non-competi7 tive basis during each quarter of fiscal year 2022, but not 

8 to include grants awarded on a formula basis or directed 

9 by law. Such report shall include the name of the con10 tractor or grantee, the amount of funding, the govern11 mental purpose, including a justification for issuing the 

12 award on a non-competitive basis. Such report shall be 

13 transmitted to the Committees within 30 days after the 

14 end of the quarter for which the report is submitted. 

15 SEC. 515. None of the funds appropriated in this Act 

16 shall be expended or obligated by the Commissioner of So17 cial Security, for purposes of administering Social Security 

18 benefit payments under title II of the Social Security Act, 

19 to process any claim for credit for a quarter of coverage 

20 based on work performed under a social security account 

21 number that is not the claimant’s number and the per22 formance of such work under such number has formed the 

23 basis for a conviction of the claimant of a violation of sec24 tion 208(a)(6) or (7) of the Social Security Act. 


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1 SEC. 516. None of the funds appropriated by this Act 

2 may be used by the Commissioner of Social Security or 

3 the Social Security Administration to pay the compensa4 tion of employees of the Social Security Administration 

5 to administer Social Security benefit payments, under any 

6 agreement between the United States and Mexico estab7 lishing totalization arrangements between the social secu8 rity system established by title II of the Social Security 

9 Act and the social security system of Mexico, which would 

10 not otherwise be payable but for such agreement. 

11 SEC. 517. (a) None of the funds made available in 

12 this Act may be used to maintain or establish a computer 

13 network unless such network blocks the viewing, 

14 downloading, and exchanging of pornography. 

15 (b) Nothing in subsection (a) shall limit the use of 

16 funds necessary for any Federal, State, tribal, or local law 

17 enforcement agency or any other entity carrying out crimi18 nal investigations, prosecution, or adjudication activities. 

19 SEC. 518. For purposes of carrying out Executive 

20 Order 13589, Office of Management and Budget Memo21 randum M–12–12 dated May 11, 2012, and requirements 

22 contained in the annual appropriations bills relating to 

23 conference attendance and expenditures: 

24 (1) the operating divisions of HHS shall be con25 sidered independent agencies; and 


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1 (2) attendance at and support for scientific con2 ferences shall be tabulated separately from and not 

3 included in agency totals. 

4 SEC. 519. Federal agencies funded under this Act 

5 shall clearly state within the text, audio, or video used for 

6 advertising or educational purposes, including emails or 

7 Internet postings, that the communication is printed, pub8 lished, or produced and disseminated at United States tax9 payer expense. The funds used by a Federal agency to 

10 carry out this requirement shall be derived from amounts 

11 made available to the agency for advertising or other com12 munications regarding the programs and activities of the 

13 agency. 

14 SEC. 520. (a) Federal agencies may use Federal dis15 cretionary funds that are made available in this Act to 

16 carry out up to 10 Performance Partnership Pilots. Such 

17 Pilots shall be governed by the provisions of section 526 

18 of division H of Public Law 113–76, except that in car19 rying out such Pilots section 526 shall be applied by sub20 stituting ‘‘Fiscal Year 2022’’ for ‘‘Fiscal Year 2014’’ in 

21 the title of subsection (b) and by substituting ‘‘September 

22 30, 2026’’ for ‘‘September 30, 2018’’ each place it ap23 pears: Provided, That such pilots shall include commu24 nities that have been disproportionately impacted by the 

25 COVID–19 pandemic. 


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1 (b) In addition, Federal agencies may use Federal 

2 discretionary funds that are made available in this Act to 

3 participate in Performance Partnership Pilots that are 

4 being carried out pursuant to the authority provided by 

5 section 526 of division H of Public Law 113–76, section 

6 524 of division G of Public Law 113–235, section 525 of 

7 division H of Public Law 114–113, section 525 of division 

8 H of Public Law 115–31, section 525 of division H of 

9 Public Law 115–141, section 524 of division A of Public 

10 Law 116–94, and section 524 of division H of Public Law 

11 116–260. 

12 (c) Pilot sites selected under authorities in this Act 

13 and prior appropriations Acts may be granted by relevant 

14 agencies up to an additional 5 years to operate under such 

15 authorities. 

16 SEC. 521. Not later than 30 days after the end of 

17 each calendar quarter, beginning with the first month of 

18 fiscal year 2022 the Departments of Labor, Health and 

19 Human Services and Education and the Social Security 

20 Administration shall provide the Committees on Appro21 priations of the House of Representatives and Senate a 

22 report on the status of balances of appropriations: Pro23 vided, That for balances that are unobligated and uncom24 mitted, committed, and obligated but unexpended, the 

25 monthly reports shall separately identify the amounts atVerDate Sep 11 2014 22:31 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S3062.IS S3062

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1 tributable to each source year of appropriation (beginning 

2 with fiscal year 2012, or, to the extent feasible, earlier 

3 fiscal years) from which balances were derived. 

4 SEC. 522. The Departments of Labor, Health and 

5 Human Services, and Education shall provide to the Com6 mittees on Appropriations of the House of Representatives 

7 and the Senate a comprehensive list of any new or com8 petitive grant award notifications, including supplements, 

9 issued at the discretion of such Departments not less than 

10 3 full business days before any entity selected to receive 

11 a grant award is announced by the Department or its of12 fices (other than emergency response grants at any time 

13 of the year or for grant awards made during the last 10 

14 business days of the fiscal year, or if applicable, of the 

15 program year). 

16 SEC. 523. Each department and related agency fund17 ed through this Act shall provide answers to questions 

18 submitted for the record by members of the Committee 

19 within 45 business days after receipt. 

20 (RESCISSION)

21 SEC. 524. Of any available amounts appropriated 

22 under section 2104(a)(25) of the Social Security Act (42 

23 U.S.C. 1397dd) that are unobligated as of September 25, 

24 2022, $4,664,000,000 are hereby rescinded as of such 

25 date. 


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1 SEC. 525. Of amounts deposited in the Child Enroll2 ment Contingency Fund under section 2104(n)(2) of the 

3 Social Security Act and the income derived from invest4 ment of those funds pursuant to section 2104(n)(2)(C) of 

5 that Act, $18,600,000,000 shall not be available for obli6 gation in this fiscal year. 

7 EVALUATION FUNDING FLEXIBILITY

8 SEC. 526. (a) This section applies to: (1) the Office 

9 of the Assistant Secretary for Planning and Evaluation 

10 within the Office of the Secretary and the Administration 

11 for Children and Families in the Department of Health 

12 and Human Services; and (2) The Chief Evaluation Office 

13 and the statistical-related cooperative and interagency 

14 agreements and contracting activities of the Bureau of 

15 Labor Statistics in the Department of Labor. 

16 (b) Amounts made available under this Act which are 

17 either appropriated, allocated, advanced on a reimbursable 

18 basis, or transferred to the functions and organizations 

19 identified in subsection (a) for research, evaluation, or sta20 tistical purposes shall be available for obligation through 

21 September 30, 2026: Provided, That when an office ref22 erenced in subsection (a) receives research and evaluation 

23 funding from multiple appropriations, such offices may 

24 use a single Treasury account for such activities, with 

25 funding advanced on a reimbursable basis. 


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1 (c) Amounts referenced in subsection (b) that are un2 expended at the time of completion of a contract, grant, 

3 or cooperative agreement may be deobligated and shall im4 mediately become available and may be reobligated in that 

5 fiscal year or the subsequent fiscal year for the research, 

6 evaluation, or statistical purposes for which such amounts 

7 are available. 

8 This Act may be cited as the ‘‘Departments of Labor, 

9 Health and Human Services, and Education, and Related 

10 Agencies Appropriations Act, 2022’’. 

Æ 


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