Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023

Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2023, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF LABOR Employment and training administration TRAINING AND EMPLOYMENT SERVICES For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as WIOA (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,959,332,000 as follows: (A) $885,649,000 for adult employment and training activities, of which $173,649,000 shall be available for the period July 1, 2023 through June 30, 2024, and of which $712,000,000 shall be available for the period October 1, 2023 through June 30, 2024; (B) $958,130,000 for youth activities, which shall be available for the period April 1, 2023 through June 30, 2024; and (C) $1,115,553,000 for dislocated worker employment and training activities, of which $255,553,000 shall be available for the period July 1, 2023 through June 30, 2024, and of which $860,000,000 shall be available for the period October 1, 2023 through June 30, 2024: Provided, Provided further, Provided further, Secretary Provided further, (2) for national programs, $1,124,105,000 as follows: (A) $330,859,000 for the dislocated workers assistance national reserve, of which $130,859,000 shall be available for the period July 1, 2023 through September 30, 2024, and of which $200,000,000 shall be available for the period October 1, 2023 through September 30, 2024: Provided Provided further Provided further Provided further (i) $50,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C. 14102(a)(1) Public Law 100–460 7 U.S.C. 2009aa(2) 40 U.S.C. 15733 (ii) $50,000,000 shall be for the purpose of developing, offering, or improving educational or career training programs at community colleges, defined as public institutions of higher education, as described in section 101(a) of the Higher Education Act of 1965 and at which the associate’s degree is primarily the highest degree awarded, with other eligible institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, eligible to participate through consortia, with community colleges as the lead grantee: Provided Provided further (iii) $10,000,000 shall be for grants for developing and implementing innovative strategies to significantly expand, stabilize, and retain direct support workers who provide home and community-based services to people with disabilities and older adults; and (iv) $10,000,000 shall be for training and employment assistance for workers in communities that have experienced job losses due to dislocations in the coal industry; (B) $60,000,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2023 through June 30, 2024; (C) $96,711,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $89,315,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $6,556,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $840,000 for other discretionary purposes, which shall be available for the period April 1, 2023 through June 30, 2024: Provided Provided further eligible seasonal farmworker low-income (D) $113,000,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024; (E) $125,000,000 for ex-offender activities, under the authority of section 169 of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024: Provided (F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2023 through June 30, 2024; (G) $300,000,000 to expand opportunities through apprenticeships only registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA, to be available to the Secretary to carry out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, including equity intermediaries and business and labor industry partner intermediaries, which shall be available for the period July 1, 2023 through June 30, 2024; and (H) $92,535,000 for carrying out Demonstration and Pilot projects under section 169(c) of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024, in addition to funds available for such activities under subparagraph (A) for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items Provided Provided further Provided further Provided further JOB CORPS (INCLUDING TRANSFER OF FUNDS) To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,773,655,000, plus reimbursements, as follows: (1) $1,603,325,000 for Job Corps Operations, which shall be available for the period July 1, 2023 through June 30, 2024: Provided, Provided further, Provided further, (2) $135,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2023 through June 30, 2026, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided, Provided further, Provided further, (3) $35,330,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2022 through September 30, 2023: Provided, COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES For payments during fiscal year 2023 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjustment Assistance Extension Act of 2011, and sections 405(a) and 406 of the Trade Preferences Extension Act of 2015, $494,400,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2023: Provided, 19 U.S.C. 2317(c) Provided further, STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS (INCLUDING TRANSFER OF FUNDS) For authorized administrative expenses, $89,066,000, together with not to exceed $3,998,084,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund (1) $3,184,635,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $375,000,000 to carry out reemployment services and eligibility assessments under section 306 of such Act, any claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments: Provided 5 U.S.C. 8501–8523 (2) $36,000,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $663,639,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2023 through June 30, 2024; (4) $25,000,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 (5) $88,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $64,528,000 shall be available for the Federal administration of such activities, and $24,282,000 shall be available for grants to States for the administration of such activities; and (6) $67,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2023 through June 30, 2024, of which up to $9,800,000 may be used to carry out research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities: Provided Office of Disability Employment Policy Provided, AWIU Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Provided further, Provided further, 29 U.S.C. 9a ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) 5 U.S.C. 8509 Federal Unemployment Benefits and Allowances PROGRAM ADMINISTRATION For expenses of administering employment and training programs, $133,287,000, together with not to exceed $60,128,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee benefits security administration SALARIES AND EXPENSES For necessary expenses for the Employee Benefits Security Administration, $217,761,000, of which up to $3,000,000 shall be made available through September 30, 2024, for the procurement of expert witnesses for enforcement litigation. Pension benefit guaranty corporation PENSION BENEFIT GUARANTY CORPORATION FUND The Pension Benefit Guaranty Corporation ( Corporation 31 U.S.C. 9104 Provided, Provided further, Provided further, Provided further, Wage and hour division SALARIES AND EXPENSES For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $288,120,000. Office of labor-Management standards SALARIES AND EXPENSES For necessary expenses for the Office of Labor-Management Standards, $48,515,000. Office of federal contract compliance programs SALARIES AND EXPENSES For necessary expenses for the Office of Federal Contract Compliance Programs, $120,500,000. Office of workers' compensation programs SALARIES AND EXPENSES For necessary expenses for the Office of Workers' Compensation Programs, $127,395,000, together with $2,205,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation, benefits, and expenses (except administrative expenses not otherwise authorized) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 Civilian War Benefits 50 U.S.C. App. 2012 42 U.S.C. 1701 et seq. 5 U.S.C. 8147(a) Provided, Provided further, Provided further, 5 U.S.C. 8147(c) Provided further, (1) for enhancement and maintenance of automated data processing systems operations and telecommunications systems, $27,727,000; (2) for automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $26,125,000; (3) for periodic roll disability management and medical review, $26,126,000; (4) for program integrity, $1,774,000; and (5) the remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further, 5 U.S.C. 81 SPECIAL BENEFITS FOR DISABLED COAL MINERS For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275 For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2024, $10,250,000, to remain available until expended. ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $64,564,000, to remain available until expended: Provided, BLACK LUNG DISABILITY TRUST FUND (INCLUDING TRANSFER OF FUNDS) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund Salaries and Expenses Salaries and Expenses Office of Inspector General Occupational safety and health administration SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and Health Administration, $679,809,000, including not to exceed $121,000,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act 31 U.S.C. 3302 Provided, 31 U.S.C. 3302 29 U.S.C. 9a Provided further, Provided further, DART (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further, Provided further, Provided further, Mine safety and health administration SALARIES AND EXPENSES For necessary expenses for the Mine Safety and Health Administration, $409,551,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants: Provided, 31 U.S.C. 3302 Provided further, 31 U.S.C. 3302 Provided further, Provided further, Provided further, Provided further, Bureau of labor statistics SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $655,454,000, together with not to exceed $68,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Office of disability employment policy SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $42,928,000, of which not less than $9,000,000 shall be for research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities: Provided, State Unemployment Insurance and Employment Service Operations Departmental management SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $429,672,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, VETERANS' EMPLOYMENT AND TRAINING Not to exceed $267,841,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which— (1) $183,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) Provided (2) $33,379,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144 (3) $48,048,000 is for Federal administration of chapters 41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title 38, United States Code: Provided Public Law 115–31 (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided, In addition, from the General Fund of the Treasury, $64,500,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided, Provided further, Provided further, Provided further, 31 U.S.C. 1553 In addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided, Provided further, Public Law 115–31 38 U.S.C. 4100 IT MODERNIZATION For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $33,380,000, which shall be available through September 30, 2024. OFFICE OF INSPECTOR GENERAL For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $96,757,000, together with not to exceed $5,660,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, General provisions 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. (TRANSFER OF FUNDS) 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, Provided further, 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 104. Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a 105. None of the funds made available by this Act under the heading Employment and Training Administration (TRANSFER OF FUNDS) 106. (a) Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration Provided, (b) Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to Program Administration Provided Office of Job Corps Provided further Provided further (TRANSFER OF FUNDS) 107. (a) The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management Provided, (b) The accounts referred to in subsection (a) are: Training and Employment Services Job Corps Community Service Employment for Older Americans State Unemployment Insurance and Employment Service Operations Employee Benefits Security Administration Office of Workers' Compensation Programs Wage and Hour Division Office of Federal Contract Compliance Programs Office of Labor Management Standards Occupational Safety and Health Administration Mine Safety and Health Administration Office of Disability Employment Policy Bureau of International Labor Affairs Women's Bureau Departmental Management, Salaries and Expenses Veterans' Employment and Training 108. (a) Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (3) For purposes of this subsection— (A) the term major disaster (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster (C) the term affiliate . (b) This section shall be effective on the date of enactment of this Act. 109. (a) Flexibility with respect to the crossing of H–2B nonimmigrants working in the seafood industry (1) In general Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. (2) Requirements for crossings after 90th day An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants 8 U.S.C. 1101(a)(15)(H)(ii)(B) 110. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported. 111. None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal property, at a value determined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs. 113. (a) The Act entitled An Act to create a Department of Labor 12. Security detail (a) In general The Secretary of Labor is authorized to employ law enforcement officers or special agents to— (1) provide protection for the Secretary of Labor during the workday of the Secretary and during any activity that is preliminary or postliminary to the performance of official duties by the Secretary; (2) provide protection, incidental to the protection provided to the Secretary, to a member of the immediate family of the Secretary who is participating in an activity or event relating to the official duties of the Secretary; (3) provide continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the members of the immediate family of the Secretary if there is a significant and articulable threat of physical harm, in accordance with guidelines established by the Secretary; and (4) provide protection to the Deputy Secretary of Labor in the performance of official duties at a public event outside of the United States if there is a significant and articulable threat of physical harm and protective services are not provided as part of an official U.S. visit. (b) Authorities The Secretary of Labor may authorize a law enforcement officer or special agent employed under subsection (a), for the purpose of performing the duties authorized under subsection (a), to— (1) carry firearms; (2) make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent; (3) perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; (4) coordinate with local law enforcement agencies; and (5) initiate criminal and other investigations into potential threats to the security of the Secretary, in coordination with the Inspector General of the Department of Labor. (c) Compliance with guidelines A law enforcement officer or special agent employed under subsection (a) shall exercise any authority provided under this section in accordance with any— (1) guidelines issued by the Attorney General; and (2) guidelines prescribed by the Secretary of Labor. . (b) This section shall be effective on the date of enactment of this Act. 114. The Secretary is authorized to dispose of or divest, by any means the Secretary determines appropriate, including an agreement or partnership to construct a new Job Corps center, all or a portion of the real property on which the Treasure Island Job Corps Center is situated. Any sale or other disposition will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property, including but not limited to subchapter III of chapter 5 chapter 119 115. None of the funds made available by this Act may be used to— (1) alter or terminate the Interagency Agreement between the United States Department of Labor and the United States Department of Agriculture; or (2) close any of the Civilian Conservation Centers, except if such closure is necessary to prevent the endangerment of the health and safety of the students, the capacity of the program is retained, and the requirements of section 159(j) of the WIOA are met. (RESCISSION) 116. Of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(2) 117. Funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, to provide technical assistance services to grantees may also be used by the Employment and Training Administration to assist in the establishment and operation of workforce development technical assistance centers, through grants, contracts, or cooperative agreements, to provide technical assistance relating to any of the activities administered by the Employment and Training Administration. This title may be cited as the Department of Labor Appropriations Act, 2023 II DEPARTMENT OF HEALTH AND HUMAN SERVICES Health resources and services administration PRIMARY HEALTH CARE For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the PHS Act Provided, Provided further, HHS HEALTH WORKFORCE For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $1,515,876,000: Provided, Provided further, Secretary Provided further, Provided further, Provided further, NHSC Provided further, Provided further, primary health services Provided further, Provided further, Provided further, Provided further, Provided further, Of the funds made available under this heading, $55,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions: Provided, Provided further, Provided further, Provided further, Provided further, MATERNAL AND CHILD HEALTH For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health and title V of the Social Security Act, $1,251,284,000: Provided, RYAN WHITE HIV/AIDS PROGRAM For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,630,306,000, of which $2,014,698,000 shall remain available to the Secretary through September 30, 2025, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act; and of which $260,000,000, to remain available until expended, shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative expenses. HEALTH CARE SYSTEMS For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $139,093,000, of which $122,000 shall be available until expended for facilities-related expenses of the National Hansen’s Disease Program. RURAL HEALTH For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $392,137,000, of which $62,277,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided, Provided further, Provided further, Provided further, FAMILY PLANNING For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $512,000,000: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, PROGRAM MANAGEMENT For program support in the Health Resources and Services Administration, $1,029,152,000: Provided, Primary Health Care Health Workforce Maternal and Child Health Ryan White HIV/AIDS Program Health Care Systems Rural Health Provided further, Congressionally Directed Spending Items Provided further, VACCINE INJURY COMPENSATION PROGRAM TRUST FUND For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund Provided, COVERED COUNTERMEASURES PROCESS FUND For carrying out section 319F–4 of the PHS Act, $7,000,000, to remain available until expended. Centers for disease control and prevention IMMUNIZATION AND RESPIRATORY DISEASES For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $698,780,000. HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND TUBERCULOSIS PREVENTION For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,461,556,000. EMERGING AND ZOONOTIC INFECTIOUS DISEASES For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $741,772,000: Provided, CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $1,340,464,000: Provided, Provided further, Provided further, BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND HEALTH For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $231,060,000. PUBLIC HEALTH SCIENTIFIC SERVICES For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $797,997,000. ENVIRONMENTAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $376,850,000: Provided, Provided further, INJURY PREVENTION AND CONTROL For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $1,025,279,000. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act, section 13 of the Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of the Occupational Safety and Health Act, with respect to occupational safety and health, $367,300,000. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided, Public Law 106–554 GLOBAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $760,843,000, of which: (1) $128,921,000 shall remain available through September 30, 2024 for international HIV/AIDS; and (2) $353,200,000 shall remain available through September 30, 2025 for global public health protection: Provided, PUBLIC HEALTH PREPAREDNESS AND RESPONSE For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $888,200,000: Provided, CDC BUILDINGS AND FACILITIES (INCLUDING TRANSFER OF FUNDS) For acquisition of real property, equipment, construction, installation, demolition, and renovation of facilities, $35,000,000, which shall remain available until September 30, 2027: Provided, Provided further, Provided further, CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT (INCLUDING TRANSFER OF FUNDS) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $817,070,000, of which: (1) $600,000,000 shall remain available through September 30, 2024, for public health infrastructure and capacity; and (2) $50,000,000 shall remain available through September 30, 2024 for forecasting epidemics and outbreak analytics: Provided, Provided further, Public Law 115–245 Provided further, Provided further, Provided further, Provided further, Provided further, National institutes of health NATIONAL CANCER INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cancer, $6,987,064,000, of which up to $30,000,000 may be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland. NATIONAL HEART, LUNG, AND BLOOD INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,946,557,000. NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $526,769,000. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $2,290,798,000. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $2,540,918,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $6,449,804,000. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $3,218,237,000, of which $1,429,313,000 shall be from funds available under section 241 of the PHS Act: Provided, EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,745,682,000. NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $890,700,000. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $918,276,000. NATIONAL INSTITUTE ON AGING For carrying out section 301 and title IV of the PHS Act with respect to aging, $4,343,005,000. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $686,025,000. NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $530,847,000. NATIONAL INSTITUTE OF NURSING RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $196,468,000. NATIONAL INSTITUTE ON ALCOHOL EFFECTS AND ALCOHOL-ASSOCIATED DISORDERS For carrying out section 301 and title IV of the PHS Act with respect to alcohol misuse, alcohol use disorder, and other alcohol-associated disorders, $591,434,000. NATIONAL INSTITUTE ON DRUGS AND ADDICTION For carrying out section 301 and title IV of the PHS Act with respect to drugs and addiction, $1,684,230,000. NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of the PHS Act with respect to mental health, $2,107,672,000. NATIONAL HUMAN GENOME RESEARCH INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $658,873,000. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $437,752,000. NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $174,305,000. NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $534,287,000. JOHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act), $89,574,000. NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $494,302,000: Provided, Provided further, NIH NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $907,756,000: Provided, Provided further, OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For carrying out the responsibilities of the Office of the Director, NIH, $2,560,065,000: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 42 U.S.C. 283K Provided further, Office of Inspector General Provided further, Provided further, Provided further, Provided further, In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 26 U.S.C. 9008 ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH For carrying out section 301 and title IV of the PHS Act with respect to advanced research projects for health, $1,000,000,000, to remain available through September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, BUILDINGS AND FACILITIES For the study of, construction of, demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $350,000,000, to remain available through September 30, 2027. NIH INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes described in section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes in the appropriations provided to the NIH in this Act, $1,085,000,000, to remain available until expended: Provided, Provided further, Provided further, Substance Use and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, the Protection and Advocacy for Individuals with Mental Illness Act, and the SUPPORT for Patients and Communities Act, $3,590,090,000: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 113–93 Provided further, Provided further, Public Law 113–93 Provided further, Provided further, Provided further, SUBSTANCE USE SERVICES For carrying out titles III and V of the PHS Act with respect to substance use treatment and title XIX of such Act with respect to substance use treatment and prevention, and the SUPPORT for Patients and Communities Act, $4,963,889,000: Provided, 42 U.S.C. 300x–21 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, SUBSTANCE USE PREVENTION SERVICES For carrying out titles III and V of the PHS Act with respect to substance use prevention, $248,219,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health Substance Use Services Substance Use Prevention Services Provided, Congressionally Directed Spending Items Provided further, Provided further, Provided further, Provided further, Provided further, Mental Health Substance Use Services Substance Use Prevention Services Agency for healthcare research and quality HEALTHCARE RESEARCH AND QUALITY For carrying out titles III and IX of the PHS Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $385,400,000: Provided, Provided further, Centers for medicare & Medicaid services GRANTS TO STATES FOR MEDICAID For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $367,357,090,000, to remain available until expended. In addition, for carrying out such titles after May 31, 2023, for the last quarter of fiscal year 2023 for unanticipated costs incurred for the current fiscal year, such sums as may be necessary, to remain available until expended. In addition, for carrying out such titles for the first quarter of fiscal year 2024, $197,580,474,000, to remain available until expended. Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. PAYMENTS TO THE HEALTH CARE TRUST FUNDS For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248 In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $4,186,399,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary pursuant to section 1893(h) of the Social Security Act, and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until expended: Provided, Provided further, Provided further, Provided further, Public Law 115–141 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT In addition to amounts otherwise available for program integrity and program management, $893,000,000, to remain available through September 30, 2024, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $668,648,000 shall be for the Centers for Medicare & Medicaid Services program integrity activities, of which $112,145,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $112,207,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided, Provided further, Provided further, Administration for children and families PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT PROGRAMS For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,883,000,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2024, $1,300,000,000, to remain available until expended. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. LOW-INCOME HOME ENERGY ASSISTANCE For making payments under subsections (b) and (d) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. Provided, Provided further, Provided further, Public Law 117–103 REFUGEE AND ENTRANT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 ( TVPA Provided, Provided further, 15 percent 3 percent Provided further, Provided further, 8 U.S.C. 1522(c)(1)(A) PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For carrying out the Child Care and Development Block Grant Act of 1990 ( CCDBG Act Provided, Provided further, 42 U.S.C. 618 Provided further, Provided further, SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, CHILDREN AND FAMILIES SERVICES PROGRAMS For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and the Community Services Block Grant Act ( CSBG Act Provided, (1) $596,000,000 shall be available for a cost of living adjustment, and with respect to any continuing appropriations Act, funding available for a cost of living adjustment shall not be construed as an authority or condition under this Act; (2) $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such funds shall not be included in the calculation of base grant (3) $262,000,000 shall be available for quality improvement consistent with section 640(a)(5) of such Act except that any amount of the funds may be used on any of the activities in such section, of which not less than $10,000,000 shall be available to migrant and seasonal Head Start programs for such activities, in addition to funds made available for migrant and seasonal Head Start programs under any other provision of section 640(a) of such Act; (4) $140,000,000, in addition to funds otherwise available for such purposes under section 640 of the Head Start Act, shall be available through September 30, 2024, for awards to eligible entities for Head Start and Early Head Start programs and to entities defined as eligible under section 645A(d) of such Act for high quality infant and toddler care through Early Head Start–Child Care Partnerships, and for training and technical assistance for such activities: Provided further (5) $8,000,000 shall be available for the Tribal Colleges and Universities Head Start Partnership Program consistent with section 648(g) of such Act; and (6) $21,000,000 shall be available to supplement funding otherwise available for research, evaluation, and Federal administrative costs: Provided further, Provided further, Provided further, Provided further, Public Law 114–95 Provided further, Provided further, 200 percent 125 percent Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Congressionally Directed Spending Items Provided further, PROMOTING SAFE AND STABLE FAMILIES For carrying out, except as otherwise provided, section 436 of the Social Security Act, $345,000,000 and, for carrying out, except as otherwise provided, section 437 of such Act, $94,515,000: Provided, Provided further, Provided further, 5 percent 3.3 percent Provided further, Provided further, PAYMENTS FOR FOSTER CARE AND PERMANENCY For carrying out, except as otherwise provided, title IV–E of the Social Security Act, $7,606,000,000. For carrying out, except as otherwise provided, title IV–E of the Social Security Act, for the first quarter of fiscal year 2024, $3,200,000,000. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. Administration for community living AGING AND DISABILITY SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965 ( OAA Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 42 U.S.C. 10802 20 U.S.C. 15002(8)(A) Provided further, Provided further, Congressionally Directed Spending Items Provided further, Office of the secretary GENERAL DEPARTMENTAL MANAGEMENT For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, $565,394,000, together with $64,828,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, 15 U.S.C. 3719 MEDICARE HEARINGS AND APPEALS For expenses necessary for Medicare hearings and appeals in the Office of the Secretary, $196,000,000 shall remain available until September 30, 2024, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $74,238,000 shall be from amounts made available under section 241 of the PHS Act. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $87,400,000: Provided, Provided further, 42 U.S.C. 300jj–52 OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, $60,250,000. RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $1,592,479,000, of which $818,505,000 shall remain available through September 30, 2024, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided, Provided further, Provided further, Provided further, For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $790,000,000, to remain available until expended. For expenses necessary to carry out section 319F–2(a) of the PHS Act, $875,000,000, to remain available until expended. For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $382,000,000; of which $347,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided, General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II: Provided, 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 204. Notwithstanding section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title. (TRANSFER OF FUNDS) 205. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, Provided further, 206. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the effective date of a contract awarded in fiscal year 2023 under section 338B of such Act, or at any time if the individual who has been awarded such contract has not received funds due under the contract. 207. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. 209. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, Provided further, 210. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2023: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State. (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel's official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 (TRANSFER OF FUNDS) 213. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, (TRANSFER OF FUNDS) 214. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research 215. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 216. Not to exceed $100,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $5,000,000 per project. (TRANSFER OF FUNDS) 217. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA 218. (a) The Biomedical Advanced Research and Development Authority ( BARDA (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section— (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. 219. The Secretary shall publish, as part of the fiscal year 2024 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2024. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading Health Insurance Exchange Transparency 220. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare & Medicaid Services—Program Management Public Law 111–148 (TRANSFER OF FUNDS) 221. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 222. Effective during the period beginning on November 1, 2015 and ending January 1, 2025, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if— (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act ( 42 U.S.C. 1395x(jj) 223. In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017. None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Health and Human Services or to any department or agency may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter. (TRANSFER OF FUNDS) 224. The NIH Director may transfer funds for opioid addiction, opioid alternatives, stimulant misuse and addiction, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations of the House of Representatives and the Senate: Provided, 225. (a) The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate: (1) Detailed monthly enrollment figures from the Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period; and (2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act. (b) The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information or the award of such grants. 226. Funds appropriated in this Act that are available for salaries and expenses of employees of the Department of Health and Human Services shall also be available to pay travel and related expenses of such an employee or of a member of his or her family, when such employee is assigned to duty, in the United States or in a U.S. territory, during a period and in a location that are the subject of a determination of a public health emergency under section 319 of the Public Health Service Act and such travel is necessary to obtain medical care for an illness, injury, or medical condition that cannot be adequately addressed in that location at that time. For purposes of this section, the term U.S. territory 227. The Department of Health and Human Services may accept donations from the private sector, nongovernmental organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) 228. None of the funds made available in this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance 6 U.S.C. 279(g)(2) (1) the terms of the grant or contract for the operations of any such facility that remains in operation for more than 6 consecutive months shall require compliance with— (A) the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities; and (B) staffing ratios of one (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours, one (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements; (2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance; (3) not more than four consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility; (4) ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019; (5) for any such unlicensed facility in operation for more than 3 consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first 3 months of operation, with quarterly monitoring visits thereafter; and (6) not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities. 229. In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger. Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release. 230. None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) 231. Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month. Each report shall contain the following information: (1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred; and (2) the documented cause of separation, as reported by DHS when each child was referred. 232. Amounts made available to the Department of Health and Human Services in this or any other Act under the heading Administration for Children and Families—Refugee and Entrant Assistance Provided, Provided further, Ms. J.P. Barr Ms. L. ICE Provided further, 233. Funds appropriated in this Act that are available for salaries and expenses of employees of the Centers for Disease Control and Prevention shall also be available for the primary and secondary schooling of eligible dependents of personnel stationed in a U.S. territory as defined in section 226 of this Act at costs not in excess of those paid for or reimbursed by the Department of Defense. (RESCISSION) 234. Of the unobligated balances in the Nonrecurring Expenses Fund Public Law 110–161 235. Of the unobligated balances available in the Nonrecurring Expenses Fund Public Law 110–161 236. The Secretary of Health and Human Services may waive penalties and administrative requirements in title XXVI of the Public Health Service Act for awards under such title from amounts provided under the heading Department of Health and Human Services—Health Resources and Services Administration 237. (a) Premium pay authority If services performed by a Department of Health and Human Services employee during a public health emergency declared under section 319 of the Public Health Service Act are determined by the Secretary of Health and Human Services to be primarily related to the preparation for, prevention of, or response to such public health emergency, any premium pay that is provided for such services shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547(a) of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium payable on a biweekly or calendar year basis. (b) Overtime authority Any overtime that is provided for such services described in subsection (a) shall be exempted from any annual limit on the amount of overtime payable in a calendar or fiscal year. (c) Applicability of aggregate limitation on pay In determining, for purposes of section 5307 of title 5, United States Code, whether an employee’s total pay exceeds the annual rate payable under such section, the Secretary of Health and Human Services shall not include pay exempted under this section. (d) Limitation of pay authority Pay exempted from otherwise applicable limits under subsection (a) shall not cause the aggregate pay earned for the calendar year in which the exempted pay is earned to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. (e) Danger pay for service in public health emergencies The Secretary of Health and Human Services may grant a danger pay allowance under section 5928 of title 5, United States Code, without regard to the conditions of the first sentence of such section, for work that is performed by a Department of Health and Human Services employee during a public health emergency declared under section 319 of the Public Health Service Act that the Secretary determines is primarily related to preparation for, prevention of, or response to such public health emergency and is performed under conditions that threaten physical harm or imminent danger to the health or well-being of the employee. (f) Effective date This section shall take effect as if enacted on September 30, 2021. 238. (a) None of the funds made available by this Act may be awarded to any organization, including under the Child Welfare or Federal Foster Care programs under part B or E of title IV of the Social Security Act, that does not comply with subsections (c) and (d) of section 75.300 of title 45, Code of Federal Regulations (prohibiting discrimination on the basis of age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation), as in effect on October 1, 2019. (b) None of the funds made available by this Act may be used by the Department of Health and Human Services to grant an exception from either such paragraph for any Federal grantee. 239. Section 317G of the Public Health Service Act ( 42 U.S.C. 247b–8 The Secretary may, no later than 120 days after the end of an individual’s participation in such a fellowship or training program, and without regard to those provisions of title 5, United States Code, governing appointments in the competitive service, appoint a participant in such a fellowship or training program to a term or permanent position in the Centers for Disease Control and Prevention. 240. (a) The Public Health Service Act ( 42 U.S.C. 201 et seq. 21 U.S.C. 801 et seq. 15 U.S.C. 1331 et seq. Public Law 114–198 21 U.S.C. 1101 et seq. 34 U.S.C. 10101 et seq. (1) by striking National Institute on Drug Abuse National Institute on Drugs and Addiction (2) by striking National Advisory Council on Drug Abuse National Advisory Council on Drugs and Addiction (b) Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. (1) in section 464H(b)(5), by striking National Institute of Drug Abuse National Institute on Drugs and Addiction (2) in sections 464L, 464M(a), 464O, and 494A, by striking drug abuse drug use (3) in section 464L(a), by striking treatment of drug abusers treatment of drug addiction (4) in section 464M(a), by striking prevention of such abuse prevention of such use (5) in section 464N— (A) in the section heading, by striking Drug abuse research centers Drugs and addiction research centers (B) in subsection (a)— (i) in matter preceding paragraph (1), by striking National Drug Abuse Research Centers National Drugs and Addiction Research Centers (ii) in paragraph (1)(C), by striking treatment of drug abuse treatment of drug addiction (C) in subsection (c)— (i) by striking Drug Abuse and Addiction Research Drugs and Addiction Research Centers (ii) in paragraph (1), by striking National Drug Abuse Treatment Clinical Trials Network National Drug Addiction Treatment Clinical Trials Network (iii) in paragraph (2)(H), by striking reasons that individuals abuse drugs, or refrain from abusing drugs reasons that individuals use drugs or refrain from using drugs (6) in section 464P— (A) in subsection (a)— (i) in paragraph (1), by striking drug abuse treatments drug addiction treatments (ii) in paragraph (6), by striking treatment of drug abuse treatment of drug addiction (B) in subsection (d)— (i) by striking disease of drug abuse disease of drug addiction (ii) by striking abused drugs addictive drugs (iii) by striking drugs of abuse drugs of addiction (c) Section 464N of the Public Health Service Act ( 42 U.S.C. 285o–2 drug abuse drug use (d) Any reference in any law, regulation, map, document, paper, or other record of the United States to the National Institute on Drug Abuse shall be considered to be a reference to the National Institute on Drugs and Addiction. 241. (a) The Public Health Service Act ( 42 U.S.C. 201 et seq. 42 U.S.C. 4541 et seq. (1) by striking National Institute on Alcohol Abuse and Alcoholism National Institute on Alcohol Effects and Alcohol-Associated Disorders (2) by striking National Advisory Council on Alcohol Abuse and Alcoholism National Advisory Council on Alcohol Effects and Alcohol-Associated Disorders (b) Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. (1) in section 464H— (A) in subsection (a)— (i) by striking prevention of alcohol abuse prevention of alcohol misuse (ii) by striking treatment of alcoholism treatment of alcohol-associated disorders (B) in subsection (b)— (i) in paragraph (3)— (I) in subparagraph (A), by striking alcohol abuse and domestic violence alcohol misuse and domestic violence (II) in subparagraph (D), by striking abuse of alcohol misuse of alcohol (III) by amending subparagraph (E) to read as follows: (E) the effect of social pressures, legal requirements regarding the use of alcoholic beverages, the cost of such beverages, and the economic status and education of users of such beverages on the incidence of alcohol misuse, alcohol use disorder, and other alcohol-associated disorders, (ii) in paragraph (5), by striking impact of alcohol abuse impact of alcohol misuse (2) in sections 464H(b), 464I, and 494A, by striking alcohol abuse and alcoholism alcohol misuse, alcohol use disorder, and other alcohol-associated disorders (3) in sections 464H(b) and 464J(a), by striking alcoholism and alcohol abuse alcohol misuse, alcohol use disorder, and other alcohol-associated disorders (4) in section 464J(a)— (A) by striking alcoholism and other alcohol problems alcohol misuse, alcohol use disorder, and other alcohol-associated disorders (B) in the matter preceding paragraph (1), by striking interdisciplinary research related to alcoholism interdisciplinary research related to alcohol-associated disorders (C) in paragraph (1)(E), by striking alcohol problems alcohol misuse, alcohol use disorder, and other alcohol-associated disorders (c) Any reference in any law, regulation, map, document, paper, or other record of the United States to the National Institute on Alcohol Abuse and Alcoholism shall be considered to be a reference to the National Institute on Alcohol Effects and Alcohol-Associated Disorders. 242. (a) The Public Health Service Act ( 42 U.S.C. 201 et seq. (1) by striking Substance Abuse and Mental Health Services Administration Substance Use And Mental Health Services Administration (2) by striking Center for Substance Abuse Treatment Center for Substance Use Services (3) by striking Center for Substance Abuse Prevention Center for Substance Use Prevention Services (b) Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. (1) in the title heading, by striking Substance abuse and mental health services administration Substance use and mental health services administration (2) in section 501— (A) in the section heading, by striking Substance abuse and mental health services administration Substance use and mental health services administration (B) in subsection (a), by striking (hereafter referred to in this title as the Administration (hereafter referred to in this title as SAMHSA Administration (3) in section 507, in the section heading, by striking Center for substance abuse treatment Center for substance use services (4) in section 513(a), in the subsection heading, by striking Center for substance abuse treatment Center for substance use services (5) in section 515, in the section heading, by striking Center for substance abuse prevention Center for substance use prevention services (c) Section 1932(b)(3) of the Public Health Service Act ( 42 U.S.C. 300x–32(b)(3) center for substance abuse prevention center for substance use prevention services (d) Section 1935(b)(2) of the Public Health Service Act ( 42 U.S.C. 300x–35(b)(2) center for substance abuse prevention center for substance use prevention services (e) Subtitle C of title IV of Public Law 99–570 25 U.S.C. 2401 et seq. Substance Abuse and Mental Health Services Administration Substance Use And Mental Health Services Administration (f) The Social Security Act is amended in sections 1861, 1866F, and 1945 ( 42 U.S.C. 1395x Substance Abuse and Mental Health Services Administration Substance Use And Mental Health Services Administration (g) Section 105(a)(7)(C)(i)(III) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106(a)(7)(C)(i)(III) Substance Abuse and Mental Health Services Administration Substance Use And Mental Health Services Administration (h) (1) Except as provided in paragraph (2), any reference in any law, regulation, map, document, paper, or other record of the United States to the Substance Abuse and Mental Health Services Administration, the Center for Substance Abuse Treatment of such Administration, or the Center for Substance Abuse Prevention of such Administration shall be considered to be a reference to the Substance Use And Mental Health Services Administration, the Center for Substance Use Services of such Administration, or the Center for Substance Use Prevention Services of such Administration, respectively. (2) Paragraph (1) shall not be construed to alter or affect section 6001(d) of the 21st Century Cures Act ( 42 U.S.C. 290aa (INCLUDING TRANSFER OF FUNDS) 243. In addition to amounts otherwise appropriated by this Act under the heading Office of the Secretary—General Departmental Management Provided, 244. Of the amounts made available by this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance This title may be cited as the Department of Health and Human Services Appropriations Act, 2023 III DEPARTMENT OF EDUCATION Education for the disadvantaged For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ESEA HEA Provided, Provided further, Secretary Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 117–103 Provided further, Impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VII of the ESEA, $1,610,112,000, of which $1,459,242,000 shall be for basic support payments under section 7003(b), $48,316,000 shall be for payments for children with disabilities under section 7003(d), $18,406,000, to remain available through September 30, 2024, shall be for construction under section 7007(b), $79,313,000 shall be for Federal property payments under section 7002, and $4,835,000, to remain available until expended, shall be for facilities maintenance under section 7008: Provided, School improvement programs For carrying out school improvement activities authorized by part B of title I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part B of title V, and parts B and C of title VI of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $5,910,843,000, of which $4,047,513,000 shall become available on July 1, 2023, and remain available through September 30, 2024, and of which $1,681,441,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA, $194,746,000, of which $72,000,000 shall be for subpart 2 of part A of title VI and $12,365,000 shall be for subpart 3 of part A of title VI: Provided, Provided further, Provided further, Innovation and improvement For carrying out activities authorized by subparts 1, 3 and 4 of part B of title II, and parts C, D, and E and subparts 1 and 4 of part F of title IV of the ESEA, $1,305,500,000: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Safe schools and citizenship education For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $442,000,000, to remain available through December 31, 2023: Provided, Provided further, Provided further, English language acquisition For carrying out part A of title III of the ESEA, $954,041,000, which shall become available on July 1, 2023, and shall remain available through September 30, 2024, except that 6.5 percent of such amount shall be available on October 1, 2022, and shall remain available through September 30, 2024, to carry out activities under section 3111(c)(1)(C): Provided, Special education For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $16,744,570,000, of which $7,071,627,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $9,283,383,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 20 U.S.C. 1234a Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Rehabilitation services (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $4,093,406,000, of which $3,949,707,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, Provided further, Provided further, Provided further, Provided further, Institute of Education Sciences Provided further, Special institutions for persons with disabilities AMERICAN PRINTING HOUSE FOR THE BLIND For carrying out the Act to Promote the Education of the Blind of March 3, 1879, $43,431,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $92,500,000: Provided, GALLAUDET UNIVERSITY For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $180,361,000, of which up to $30,000,000, to remain available until expended, shall be for construction, as defined by section 201(2) of such Act: Provided, Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 ( Perkins Act AEFLA Provided, Provided further, Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA, $24,625,352,000 which shall remain available through September 30, 2024. The maximum Pell Grant for which a student shall be eligible during award year 2023–2024 shall be $6,335. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $2,594,034,000, to remain available through September 30, 2024: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Perkins Act, $3,547,681,000, of which $214,000,000 shall remain available through December 31, 2023: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Congressionally Directed Spending Items Provided further, Howard university For partial support of Howard University, $359,018,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, $298,000. Historically black college and university capital financing program account For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2024: Provided, Provided further, Provided further, In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $528,000. Institute of education sciences For necessary expenses for the Institute of Education Sciences as authorized by section 208 of the Department of Education Organization Act and carrying out activities authorized by the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $831,395,000, which shall remain available through September 30, 2024: Provided, Provided further, Departmental management PROGRAM ADMINISTRATION For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $448,000,000, of which up to $8,000,000, to remain available until expended, shall be available for relocation expenses, and for the renovation and repair of leased buildings: Provided, Provided further, OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $161,300,000. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $77,000,000, of which $3,000,000 shall remain available until expended. General provisions 301. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (TRANSFER OF FUNDS) 302. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, Provided further, 303. Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2023, through September 30, 2024. 304. (a) An institution of higher education that maintains an endowment fund supported with funds appropriated for title III or V of the HEA for fiscal year 2023 may use the income from that fund to award scholarships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that income, subject to that limitation. (b) Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized. 305. Section 114(f) of the HEA ( 20 U.S.C. 1011c(f) 2023 2021 306. Section 458(a)(4) of the HEA ( 20 U.S.C. 1087h(a) 2023 2021 307. Funds appropriated in this Act under the heading Student Aid Administration 20 U.S.C. 1087aa et seq. (RESCISSION) 308. Of the amounts appropriated under section 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(A)(iv)(XI) 309. Of the amounts made available in this title under the heading Student Aid Administration 20 U.S.C. 1087e(m) Provided, Provided further, 310. The Secretary may reserve not more than 0.5 percent from any amount made available in this Act for an HEA program, except for any amounts made available for subpart 1 of part A of title IV of the HEA, to carry out rigorous and independent evaluations and to collect and analyze outcome data for any program authorized by the HEA: Provided, Student Aid Administration Provided further, Provided further, Provided further, 311. In addition to amounts otherwise appropriated by this Act under the heading Innovation and Improvement Congressionally Directed Spending Items Provided, 312. The Education Amendments Act of 1972 is amended by striking section 802. 313. Of the amounts appropriated in this Act for Institute of Education Sciences the Secretary Provided, Provided further, Program Administration Institute of Education Sciences Provided further, Institute of Education Sciences Program Administration Provided further, 314. (a) (1) Section 484(a)(5) of the HEA of 1965 ( 20 U.S.C. 1091(a)(5) or a DACA recipient (as defined in subsection (u)), have temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a a permanent resident of the United States, be able (2) Section 484(a) of such Act ( 20 U.S.C. 1091(a) (u) DACA recipient In this section, the term DACA recipient 8 U.S.C. 1101(a)(3) 8 U.S.C. 1101(a)(17) . (3) The amendments made by this subsection shall take effect on July 1, 2023. (b) (1) Subsection (n)(1)(A)(iv) of section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 by adding at the end by inserting after subsection (r), as redesignated under clause (i), (2) The amendment made by paragraph (1) shall take effect as if included in the enactment of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 This title may be cited as the Department of Education Appropriations Act, 2023 IV RELATED AGENCIES Committee for purchase from people who are blind or severely disabled SALARIES AND EXPENSES For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled (referred to in this title as the Committee Provided, Provided further, chapter 85 Provided further, Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Elements Provided further, Provided further, Corporation for national and community service OPERATING EXPENSES For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS 1973 Act 1990 Act Provided, Provided further, PAYMENT TO THE NATIONAL SERVICE TRUST (INCLUDING TRANSFER OF FUNDS) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $210,550,000, to remain available until expended: Provided, Operating Expenses Provided further, 31 U.S.C. 1513(b) SALARIES AND EXPENSES For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $7,000,000. ADMINISTRATIVE PROVISIONS 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2023, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act— (1) entities described in paragraph (a) of such section shall be considered qualified entities NCPA (2) individuals described in such section shall be considered volunteers (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544 406. Notwithstanding sections 139(b), 146 and 147 of the 1990 Act, CNCS may determine the number of hours required to successfully complete any term of service less than 1,700 hours, except that any reduction of the required term of service below 1,700 hours shall include a corresponding reduction in the amount of any national service educational award that may be available under subtitle D with regard to that service. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied by substituting an approved national service position a national service program that receives grants under subtitle C 408. (a) Section 137(a)(5) of the 1990 Act shall be applied in fiscal year 2023 as if the following were inserted before the period: , or has submitted a request for administrative relief pursuant to the policy established in the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled Exercising Discretion with Respect to Individuals Who Came to the United States as Children (b) Section 146(a)(3) of the 1990 Act shall be applied in fiscal year 2023 as if the following were inserted before the period: , or has submitted a request for administrative relief pursuant to the policy established in the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled Exercising Discretion with Respect to Individuals Who Came to the United States as Children (c) Notwithstanding sections 141 and 146 of the 1990 Act, or any other provision of law, a participant in a national service program carried out under the authority of the 1973 Act shall be eligible for the national service educational award described in subtitle D of title I of the 1990 Act if the participant— (1) meets the criteria specified in paragraphs (1) through (4) of subsection (a) of section 137 of the 1990 Act; and (2) is a citizen or national of the United States or lawful permanent resident alien of the United States, is able to provide evidence from the Department of Homeland Security that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or has submitted a request for administrative relief pursuant to the policy established in the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled Exercising Discretion with Respect to Individuals Who Came to the United States as Children 409. An individual in an approved national service position in a program under section 152(a) of the 1990 Act may upon the approval of the Director of the National Civilian Community Corps continue in a term of service for up to 180 days beyond the period otherwise specified in section 153(d), or 90 days beyond the period otherwise specified in section 154(c). 410. (a) Notwithstanding sections 139, 147, 153, and 154 of the 1990 Act, the Director of the National Civilian Community Corps may enter into agreements with eligible individuals to participate in a National Civilian Community Corps program for a period of not less than 90 days and not more than 180 days. (b) An eligible individual who enters into an agreement with the Director under subsection (a) may receive an educational award equivalent to a proportional amount of the full-time national service educational award authorized under section 147(a) of the 1990 Act that corresponds to the term of service that such individual completes. (c) For purposes of this section, the term eligible individual 411. In carrying out section 198(i) of the 1990 Act, CNCS may make grants to, enter into cooperative agreements with, and provide other support to eligible entities, without regard to the limitation on Federal share contained in section 198(i)(4) of the 1990 Act. Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB Provided, Provided further, Provided further, In addition, for the costs associated with replacing and upgrading the public broadcasting interconnection system, including the costs of interconnection facilities and operations under subsections (k)(3)(A)(i)(II) and (k)(3)(A)(iv)(I) of section 396 of the Communications Act of 1934, and for other technologies and services that create infrastructure and efficiencies within the public media system, $60,000,000: Provided, Federal mediation and conciliation service SALARIES AND EXPENSES For expenses necessary for the Federal Mediation and Conciliation Service ( Service Provided, 31 U.S.C. 3302 Provided further, Provided further, Federal mine safety and health review commission SALARIES AND EXPENSES For expenses necessary for the Federal Mine Safety and Health Review Commission, $18,012,000. Institute of museum and library services OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $301,800,000: Provided, Provided further, Provided further, Medicaid and CHIP payment and access commission SALARIES AND EXPENSES For expenses necessary to carry out section 1900 of the Social Security Act, $9,727,000. Medicare payment advisory commission SALARIES AND EXPENSES For expenses necessary to carry out section 1805 of the Social Security Act, $13,440,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. National council on disability SALARIES AND EXPENSES For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,850,000. National labor relations board SALARIES AND EXPENSES For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $319,424,000: Provided, National mediation board SALARIES AND EXPENSES For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $15,113,000. Occupational safety and health review commission SALARIES AND EXPENSES For expenses necessary for the Occupational Safety and Health Review Commission, $15,449,000. Railroad retirement board DUAL BENEFITS PAYMENTS ACCOUNT For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $9,000,000, which shall include amounts becoming available in fiscal year 2023 pursuant to section 224(c)(1)(B) of Public Law 98–76 Provided, FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2024, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76 LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement Board ( Board Provided, Provided further, Provided further, LIMITATION ON THE OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $13,269,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social security administration PAYMENTS TO SOCIAL SECURITY TRUST FUNDS For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000. SUPPLEMENTAL SECURITY INCOME PROGRAM For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603 Public Law 93–66 Public Law 95–216 Provided, Provided further, For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2024, $15,800,000,000, to remain available until expended. LIMITATION ON ADMINISTRATIVE EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses, including the hire and purchase of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $14,103,014,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided, Provided further, Provided further, Provided further, 5 U.S.C. 7131 From funds provided under the first paragraph, not more than $1,784,000,000, to remain available through March 31, 2024, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided, Provided further, Office of Inspector General Provided further, Provided further, Public Law 104–121 Provided further, In addition, $140,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66 Provided, In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. OFFICE OF INSPECTOR GENERAL (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $32,000,000, together with not to exceed $82,665,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund: Provided, In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses Provided, V GENERAL PROVISIONS (TRANSFER OF FUNDS) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses National Mediation Board, Salaries and Expenses 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act ( 42 U.S.C. 289g(b) (b) For purposes of this section, the term human embryo or embryos 507. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications. (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 508. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 509. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 510. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 511. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. 512. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 513. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2023 that are different than those specified in this Act, the explanatory statement accompanying this Act or the fiscal year 2023 budget request. 514. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000, individually or in total for a particular project, activity, or programmatic initiative, in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2023, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. 515. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant's number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act. 516. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 517. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 518. For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: (1) the operating divisions of HHS shall be considered independent agencies; and (2) attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals. 519. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at United States taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 520. (a) Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76 Fiscal Year 2023 Fiscal Year 2014 September 30, 2027 September 30, 2018 Provided, (b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76 Public Law 113–235 Public Law 114–113 Public Law 115–31 Public Law 115–141 Public Law 116–94 Public Law 116–260 Public Law 117–103 (c) Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities. 521. Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2023 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a report on the status of balances of appropriations: Provided, 522. The Departments of Labor, Health and Human Services, and Education shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or competitive grant award notifications, including supplements, issued at the discretion of such Departments not less than 3 full business days before any entity selected to receive a grant award is announced by the Department or its offices (other than emergency response grants at any time of the year or for grant awards made during the last 10 business days of the fiscal year, or if applicable, of the program year). 523. Each department and related agency funded through this Act shall provide answers to questions submitted for the record by members of the Committee within 45 business days after receipt. 524. Of amounts deposited in the Child Enrollment Contingency Fund under section 2104(n)(2) of the Social Security Act and the income derived from investment of those funds pursuant to section 2104(n)(2)(C) of that Act, $14,561,000,000 shall not be available for obligation in this fiscal year. 525. (a) This section applies to: (1) the Administration for Children and Families in the Department of Health and Human Services; and (2) the Chief Evaluation Office and the statistical-related cooperative and interagency agreements and contracting activities of the Bureau of Labor Statistics in the Department of Labor. (b) Amounts made available under this Act which are either appropriated, allocated, advanced on a reimbursable basis, or transferred to the functions and organizations identified in subsection (a) for research, evaluation, or statistical purposes shall be available for obligation through September 30, 2027: Provided (c) Amounts referenced in subsection (b) that are unexpended at the time of completion of a contract, grant, or cooperative agreement may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which such amounts are available. VI EMERGENCY CORONAVIRUS RESPONSE SUPPLEMENTAL APPROPRIATIONS The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the secretary PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for Public Health and Social Services Emergency Fund Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFER OF FUNDS) 601. Each amount appropriated or made available by this title is in addition to amounts otherwise appropriated for fiscal year 2022. 602. No part of any appropriation contained in this title shall remain available for obligation beyond fiscal year 2022 unless expressly so provided herein. 603. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for funds appropriated in fiscal year 2022. 604. Funds appropriated by this title under the heading Public Health and Social Services Emergency Fund National Institutes of Health Provided, Provided further, Provided further, Provided further, 605. Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide a detailed spend plan of anticipated uses of funds made available in this title, including estimated personnel and administrative costs, to the Committees on Appropriations of the House of Representatives and the Senate: Provided, Provided further, Provided further, 606. Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide biweekly obligation reports, including anticipated use of funds made available in this title, to the Committees on Appropriations of the House of Representatives and the Senate: Provided, 607. Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide monthly reports on obligations made with these supplemental funds related to: (1) research; (2) advanced development; (3) procurement; or (4) administration activities to the Committees on Appropriations of the House of Representatives and the Senate and the Committee on Energy and Commerce of the House of Representatives and Committee on Health, Education, Labor, and Pensions of the Senate: Provided, Provided further, Provided further, 608. This title shall become effective immediately upon enactment of this Act. 609. If this Act is enacted after September 30, 2022, this title shall be applied as if it were in effect on September 30, 2022. 610. Each amount made available by this title is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 611. In this title, the term coronavirus This Act may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023

Summary: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023 This bill provides FY2023 appropriations to the Departments of Labor, Health and Human Services, and Education; and related agencies. The bill provides appropriations to the Department of Labor for the Employment and Training Administration, the Employee Benefits Security Administration, the Pension Benefit Guaranty Corporation, the Wage and Hour Division, the Office of Labor-Management Standards, the Office of Federal Contract Compliance Programs, the Office of Workers' Compensation Programs, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, the Bureau of Labor Statistics, the Office of Disability Employment Policy, and Departmental Management. The bill provides appropriations to the Department of Health and Human Services (HHS) for the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Substance Use and Mental Health Services Administration, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Administration for Children and Families, the Administration for Community Living, and the Office of the Secretary. Additionally, the bill provides emergency supplemental appropriations to HHS for activities to address the coronavirus or any disease with the potential for creating a pandemic. The bill provides appropriations to the Department of Education for Education for the Disadvantaged; Impact Aid; School Improvement Programs; Indian Education; Innovation and Improvement; Safe Schools and Citizenship Education; English Language Acquisition; Special Education; Rehabilitation Services; Special Institutions for Persons with Disabilities; Career, Technical, and Adult Education; Student Financial Assistance; Student Aid Administration; Higher Education; Howard University; the College Housing and Academic Facilities Loan Program; the Historically Black College and University Capital Financing Program Account; the Institute of Education Sciences; and Departmental Management. The bill also provides appropriations to several related agencies, including the Committee for Purchase From People Who Are Blind or Severely Disabled, the Corporation for National and Community Service, the Corporation for Public Broadcasting, the Federal Mediation and Conciliation Service, the Federal Mine Safety and Health Review Commission, the Institute of Museum and Library Services, the Medicaid and CHIP Payment and Access Commission, the Medicare Payment Advisory Commission, the National Council on Disability, the National Labor Relations Board, the National Mediation Board, the Occupational Safety and Health Review Commission, the Railroad Retirement Board, and the Social Security Administration. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.