109 
responsible for informing enrollees where to obtain infor-
mation about all Medicare covered services. 
SEC. 210. None of the funds made available in this 
title may be used, in whole or in part, to advocate or pro-
mote gun control. 
SEC. 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. 
SEC. 212. In order for HHS to carry out inter-
national health activities, including HIV/AIDS and other 
infectious disease, chronic and environmental disease, and 
other health activities abroad during fiscal year 2022: 
(1) The Secretary may exercise authority equiv-
alent to that available to the Secretary of State in 
section 2(c) of the State Department Basic Authori-
ties 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 appli-
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cable 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 ac-
quisition, lease, alteration, renovation, and manage-
ment of facilities outside of the United States for 
the use of HHS. The Department of State shall co-
operate fully with the Secretary to ensure that HHS 
has secure, safe, functional facilities that comply 
with applicable regulation governing location, set-
back, 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 institu-
tions 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, includ-
ing activities relating to HIV/AIDS and other infec-
tious 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 
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serve abroad, allowances and benefits similar to 
those provided under chapter 9 of title I of the For-
eign Service Act of 1980, and 22 U.S.C. 4081 
through 4086 and subject to such regulations pre-
scribed 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 per-
sonnel 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 per-
sonnel under this subsection shall be on the same 
basis as that provided under subchapter I of chapter 
63 of title 5, United States Code, or section 903 of 
the Foreign Service Act of 1980, to individuals serv-
ing in the Foreign Service. 
(TRANSFER OF FUNDS) 
SEC. 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, That the Committees on Appropriations of the 
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House of Representatives and the Senate are notified at 
least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 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 Di-
rector of NIH and the Director of the Office of AIDS Re-
search, shall be made available to the ‘‘Office of AIDS 
Research’’ account. The Director of the Office of AIDS 
Research shall transfer from such account amounts nec-
essary to carry out section 2353(d)(3) of the PHS Act. 
SEC. 215. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of NIH (‘‘Director’’) 
may use funds authorized under section 402(b)(12) of the 
PHS Act to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research 
identified pursuant to or research and activities described 
in such section 402(b)(12). 
(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 appro-
priate 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 pro-
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cedures 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. 
SEC. 216. Not to exceed $45,000,000 of funds appro-
priated 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 $3,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for NIH, 
1 percent of the amount made available for National Re-
search Service Awards (‘‘NRSA’’) shall be made available 
to the Administrator of the Health Resources and Services 
Administration to make NRSA awards for research in pri-
mary medical care to individuals affiliated with entities 
who have received grants or contracts under sections 736, 
739, or 747 of the PHS Act, and 1 percent of the amount 
made available for NRSA shall be made available to the 
Director of the Agency for Healthcare Research and Qual-
ity to make NRSA awards for health service research. 
SEC. 218. (a) The Biomedical Advanced Research 
and Development Authority (‘‘BARDA’’) may enter into 
a contract, for more than one but no more than 10 pro-
gram years, for purchase of research services or of security 
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countermeasures, as that term is defined in section 319F– 
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 
if— 
(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 competi-
tion or promoting economy in administration, per-
formance, and operation of BARDA’s programs. 
(b) A contract entered into under this section— 
(1) shall include a termination clause as de-
scribed 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. 
SEC. 219. The Secretary shall publish, as part of the 
fiscal year 2023 budget of the President submitted under 
section 1105(a) of title 31, United States Code, informa-
tion that details the uses of all funds used by the Centers 
for Medicare & Medicaid Services specifically for Health 
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Insurance Exchanges for each fiscal year since the enact-
ment of the ACA and the proposed uses for such funds 
for fiscal year 2023. 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’’ in the report accompanying this 
Act. 
SEC. 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’’ account, may be used for payments under 
section 1342(b)(1) of Public Law 111–148 (relating to 
risk corridors). 
(TRANSFER OF FUNDS) 
SEC. 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’’ in the 
report accompanying this Act. 
(b) Notwithstanding section 4002(c) of the ACA, the 
Secretary may not further transfer these amounts. 
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(c) Funds transferred for activities authorized under 
section 2821 of the PHS Act shall be made available with-
out reference to section 2821(b) of such Act. 
SEC. 222. Effective during the period beginning on 
November 1, 2015 and ending January 1, 2024, any pro-
vision of law that refers (including through cross-reference 
to another provision of law) to the current recommenda-
tions of the United States Preventive Services Task Force 
with respect to breast cancer screening, mammography, 
and prevention shall be administered by the Secretary in-
volved as if— 
(1) such reference to such current recommenda-
tions 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 modal-
ity under section 1861(jj) of the Social Security Act 
(42 U.S.C. 1395x(jj)). 
SEC. 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 con-
tinue to apply to the National Institutes of Health to the 
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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 provi-
sions, 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) 
SEC. 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, That the transfer authority provided in 
the previous proviso is in addition to any other transfer 
authority provided by law. 
SEC. 225. (a) The Secretary shall provide to the 
Committees on Appropriations of the House of Represent-
atives and the Senate: 
(1) Detailed monthly enrollment figures from 
the Exchanges established under the Patient Protec-
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tion 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. 
SEC. 226. The Department of Health and Human 
Services shall provide the Committees on Appropriations 
of the House of Representatives and Senate a biannual 
report 30 days after enactment of this Act on staffing de-
scribed in the report accompanying this Act. 
SEC. 227. Funds appropriated in this Act that are 
available for salaries and expenses of employees of the De-
partment 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 emer-
gency 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 ade-
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quately addressed in that location at that time. For pur-
poses of this section, the term ‘‘U.S. territory’’ means 
Guam, the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, American Samoa, or 
the Trust Territory of the Pacific Islands. 
SEC. 228. The Department of Health and Human 
Services may accept donations from the private sector, 
nongovernmental organizations, and other groups inde-
pendent of the Federal Government for the care of unac-
companied alien children (as defined in section 462(g)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2))) in the care of the Office of Refugee Resettle-
ment of the Administration for Children and Families, in-
cluding monetary donations, medical goods and services, 
which 
may 
include 
early 
childhood 
developmental 
screenings, school supplies, toys, clothing, and any other 
items and services intended to promote the wellbeing of 
such children. Monetary donations received by the Depart-
ment of Health and Human Services under this section 
shall be retained and credited to the Refugee and Entrant 
Assistance account and shall remain available until ex-
pended for the purposes provided by this section. 
SEC. 229. None of the funds made available in this 
Act under the heading ‘‘Department of Health and 
Human Services—Administration for Children and Fami-
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lies—Refugee and Entrant Assistance’’ may be obligated 
to a grantee or contractor to house unaccompanied alien 
children (as such term is defined in section 462(g)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 
in any facility that is not State-licensed for the care of 
unaccompanied alien children, except in the case that the 
Secretary determines that housing unaccompanied alien 
children in such a facility is necessary on a temporary 
basis due to an influx of such children or an emergency, 
provided that— 
(1) the terms of the grant or contract for the 
operations of any such facility that remains in oper-
ation for more than three 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 deter-
mines are applicable to non-State licensed facili-
ties; 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) chil-
dren or youth during sleeping hours, and clini-
cian ratios to children (including mental health 
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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) if the Secretary determines that a con-
tractor or grantee is not in compliance after the Sec-
retary has granted a 60-day waiver, the Secretary 
shall not permit such contractor or grantee to con-
tinue to provide services beyond a reasonable period, 
not to exceed 60 days, needed to award a contract 
or grant to a new service provider, and the incum-
bent contractor or grantee shall not be eligible to 
compete for the new contact or grant; 
(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 three consecutive months, ORR shall 
conduct a minimum of one comprehensive moni-
toring visit during the first three months of oper-
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ation, with quarterly monitoring visits thereafter; 
and 
(6) not later than 60 days after the date of en-
actment 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 deter-
mined are not applicable to non-State licensed facili-
ties. 
SEC. 230. In addition to the existing Congressional 
notification for formal site assessments of potential influx 
facilities, the Secretary shall notify the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate 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 out-
come 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 Appropria-
tions of the House of Representatives and the Senate a 
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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. 
SEC. 231. 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))). Nothing in this section 
shall be construed to require such a Senator or Member 
to provide prior notice of the intent to enter such a facility 
for such purpose. 
SEC. 232. Not later than 14 days after the date of 
enactment of this Act, and monthly thereafter, the Sec-
retary 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) (regard-
less of whether or not such separation was pursuant to 
an option selected by the children, parents, or guardians), 
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subsequently classified as unaccompanied alien children, 
and transferred to the care and custody of ORR during 
the previous month. Each report shall contain the fol-
lowing information: 
(1) the number and ages of children so sepa-
rated subsequent to apprehension at or between 
ports of entry, to be reported by sector where sepa-
ration occurred; and 
(2) the documented cause of separation, as re-
ported by DHS when each child was referred. 
SEC. 233. (a) None of the funds made available by 
this Act may be used to share any information pertaining 
to an unaccompanied alien child (as defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))) for use or reference in any removal 
proceeding or otherwise for enforcement of the immigra-
tion laws (as defined in section 101(a)(17) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(17))). 
(b) Subsection (a) shall be construed to preclude the 
transmission of information described in such subsection 
to any individual, entity, or government agency with the 
knowledge or intent that the information would be re- 
transmitted or otherwise shared for a purpose prohibited 
under such subsection. 
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(c) All records for which Office of Refugee Resettle-
ment policies require the written release authorization of 
the Office of Refugee Resettlement shall have the pre-
sumption of confidentiality and nondisclosure, including 
unaccompanied alien child case files, specific information 
contained in such case files, all information given to a case 
manager, therapist, clinical worker, counselor, or social 
worker by such a child during clinical or therapeutic work, 
and other confidential information pertaining to such chil-
dren, their sponsors, or their potential sponsors. 
(d) Nothing in this section shall be construed to pro-
hibit or restrict the continued implementation of inter-
agency agreements or coordination under section 235 of 
the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232) pertinent 
to a child’s placement after attaining 18 years of age. 
SEC. 234. To the extent practicable, and so long as 
it is appropriate and in the best interest of the child, in 
cases where the Office of Refugee Resettlement is respon-
sible for the care of siblings who are unaccompanied alien 
children as defined in section 462(g)(2) of the Homeland 
Security Act of 2002 (6. U.S.C. 279(g)(2)), the Director 
of the Office shall place the siblings— 
(1) in the same facility; or 
(2) with the same sponsor. 
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SEC. 235. Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate a detailed spend plan of anticipated 
uses of all funds made available under the heading ‘‘De-
partment of Health and Human Services—Administration 
for Children and Families—Refugee and Entrant Assist-
ance’’, including the following: a list of existing grants and 
contracts for both permanent and influx facilities, includ-
ing their costs, capacity, and timelines; costs for expand-
ing capacity through the use of community-based residen-
tial care placements (including long-term and transitional 
foster care and small group homes) through new or modi-
fied grants and contracts; current and planned efforts to 
expand small-scale shelters and available foster care place-
ments, including collaboration with State child welfare 
providers; influx facilities being assessed for possible use; 
costs and services to be provided for legal services, child 
advocates, and post-release services; program administra-
tion; and the average number of weekly referrals and dis-
charge rate assumed in the spend plan: Provided, That 
such plan shall be updated to reflect changes and expendi-
tures and submitted to the Committees on Appropriations 
of the House of Representatives and the Senate every 60 
days until all funds are expended or expired. 
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SEC. 236. 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 eligi-
ble dependents of personnel stationed in a U.S. territory 
as defined in section 227 of this Act at costs not in excess 
of those paid for or reimbursed by the Department of De-
fense. 
(RESCISSION) 
SEC. 237. Of the unobligated balances in the ‘‘Non-
recurring Expenses Fund’’ established in section 223 of 
division G of Public Law 110–161, $500,000,000 are 
hereby rescinded not later than September 30, 2022. 
SEC. 238. The Secretary is authorized to provide, 
from funds made available in this title for such purposes, 
mental health and other supportive services, including 
through grants, contracts, or cooperative agreements, for 
children, parents, and legal guardians who were separated 
at the United States-Mexico border between January 20, 
2017, and January 20, 2021, in connection with the Zero- 
Tolerance Policy (as discussed in the Attorney General’s 
memorandum of April 6, 2018, entitled ‘‘Zero-Tolerance 
for Offenses Under 8 U.S.C. 1325(a)’’) or any other 
United States Government practice, policy, program, or 
initiative that resulted in the separation of children who 
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arrived at the United States-Mexico border with their par-
ents or legal guardians during such period. The Secretary 
may identify the individuals eligible to receive such mental 
health and other supportive services under this section 
through reference to the identified members of the classes, 
and their minor children, in the class-action lawsuits Ms. 
J.P. v. Barr and Ms. L. v. ICE. 
SEC. 239. The unobligated balances of amounts ap-
propriated or transferred to the Centers for Disease Con-
trol and Prevention under the heading ‘‘Buildings and Fa-
cilities’’ in title II of division H of the Consolidated Appro-
priations Act, 2018 (Public Law 115–141) for a biosafety 
level 4 laboratory shall also be available for the acquisition 
of real property, equipment, construction, demolition, ren-
ovation of facilities, and installation expenses, including 
moving expenses, related to such laboratory: Provided, 
That not later than September 30, 2022, the remaining 
unobligated balances of such funds are hereby rescinded, 
and an amount of additional new budget authority equiva-
lent to the amount rescinded is hereby appropriated, to 
remain available until expended, for the same purposes as 
such unobligated balances, in addition to any other 
amounts available for such purposes. 
SEC. 240. (a) PREMIUM PAY AUTHORITY.—If serv-
ices performed by a Department of Health and Human 
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Services employee during a public health emergency de-
clared under section 319 of the Public Health Service Act 
are determined by the Secretary to be primarily related 
to preparation for, prevention of, or response to such pub-
lic 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 pro-
vision of law limiting the aggregate amount of premium 
pay 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 over-
time 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 shall not include pay exempted under this 
section. 
(d) LIMITATION ON 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 Execu-
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tive Schedule under section 5313 of title 5, United States 
Code. 
(e) DANGER PAY FOR SERVICE IN PUBLIC HEALTH 
EMERGENCIES.—The Secretary 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 Depart-
ment 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, 2020. 
SEC. 241. (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 parts B or E of title IV of the Social Security Act, 
that does not comply with paragraphs (c) and (d) of sec-
tion 75.300 of title 45, Code of Federal Regulations (pro-
hibiting 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. 
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(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. 
SEC. 242. During this fiscal year, an Operating or 
Staff Division in HHS may enter into a reimbursable 
agreement with another major organizational unit within 
HHS or of another agency under which the ordering agen-
cy or unit delegates to the servicing agency or unit the 
authority and funding to issue a grant or cooperative 
agreement on its behalf: Provided, That the head of the 
ordering agency or unit certifies that amounts are avail-
able and that the order is in the best interests of the 
United States Government: Provided further, That fund-
ing may be provided by way of advance or reimbursement, 
as deemed appropriate by the ordering agency or unit, 
with proper adjustments of estimated amounts provided 
in advance to be made based on actual costs: Provided fur-
ther, That an agreement made under this section obligates 
an appropriation of the ordering agency or unit, including 
for costs to administer such grant or cooperative agree-
ment, and such obligation shall be deemed to be an obliga-
tion for any purpose of law: Provided further, That an 
agreement made under this section may be performed for 
a period that extends beyond the current fiscal year. 
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SEC. 243. (a) None of the funds made available by 
this Act may be used to prepare or issue any solicitation 
for a contract for the CMS Contact Center Operations 
that contemplates a total period of performance, including 
option periods, that exceeds 24 months. 
(b) None of the funds made available by this Act may 
be used to award or fund a contract for the CMS Contact 
Center Operations with a total period of performance, in-
cluding option periods, that exceeds 24 months. 
SEC. 244. For fiscal year 2022, the notification re-
quirements described in sections 1804(a) and 1851(d) of 
the Social Security Act may be fulfilled by the Secretary 
in a manner similar to that described in paragraphs (1) 
and (2) of section 1806(c) of such Act. 
SEC. 245. Section 402A(d) of the Public Health Serv-
ice Act (42 U.S.C. 282a(d)) is amended— 
(1) in the first sentence by striking ‘‘under sub-
section (a)(1)’’ and inserting ‘‘to carry out this 
title’’; and 
(2) in the second sentence by striking ‘‘account 
under subsection (a)(1)’’. 
SEC. 246. The Secretary of Health and Human Serv-
ices 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 
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‘‘Department of Health and Human Services—Health Re-
sources and Services Administration’’ in this or any other 
appropriations Act for this fiscal year, including amounts 
made available to such heading by transfer. 
SEC. 247. The Director of the National Institutes of 
Health shall hereafter require institutions that receive 
funds through a grant or cooperative agreement during 
fiscal year 2022 and in future years to notify the Director 
when individuals identified as a principal investigator or 
as key personnel in an NIH notice of award are removed 
from their position or are otherwise disciplined due to con-
cerns about harassment, bullying, retaliation, or hostile 
working conditions. The Director may issue regulations 
consistent with this section. 
SEC. 248. (a) Funds made available in Public Law 
114-113 to the accounts of the National Institutes of 
Health that were available for obligation through fiscal 
year 2016 and were obligated for multi-year research 
grants shall be available through fiscal year 2022 for the 
liquidation of valid obligations incurred in fiscal year 2016 
if the Director of the National Institutes of Health deter-
mines the project suffered an interruption of activities at-
tributable to SARS-CoV-2. 
(b)(1) Subject to paragraph (2), this section shall be-
come effective immediately upon enactment of this Act. 
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(2) If this Act is enacted after September 30, 
2021, this section shall be applied as if it were in 
effect on September 30, 2021. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2022’’. 
TITLE 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’’) and section 
418A of the Higher Education Act of 1965 (referred to 
in this Act as ‘‘HEA’’), $36,756,790,000, of which 
$25,813,490,000 shall become available on July 1, 2022, 
and shall remain available through September 30, 2023, 
and of which $10,841,177,000 shall become available on 
October 1, 2022, and shall remain available through Sep-
tember 30, 2023, for academic year 2022–2023: Provided, 
That $6,459,401,000 shall be for basic grants under sec-
tion 1124 of the ESEA: Provided further, That up to 
$5,000,000 of these funds shall be available to the Sec-
retary of Education (referred to in this title as ‘‘Sec-
retary’’) on October 1, 2021, to obtain annually updated 
local educational agency-level census poverty data from 
the Bureau of the Census: Provided further, That 
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$1,362,301,000 shall be for concentration grants under 
section 1124A of the ESEA: Provided further, That 
$14,107,550,000 shall be for targeted grants under sec-
tion 1125 of the ESEA: Provided further, That 
$14,107,550,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided fur-
ther, That $223,000,000 shall be for carrying out subpart 
2 of part B of title II: Provided further, That $66,123,000 
shall be for carrying out section 418A of the HEA. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VII of the 
ESEA, $1,552,112,000, of which $1,404,242,000 shall be 
for basic support payments under section 7003(b), 
$48,316,000 shall be for payments for children with dis-
abilities under section 7003(d), $17,406,000 shall be for 
construction under section 7007(a), $77,313,000 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, 
That for purposes of computing the amount of a payment 
for an eligible local educational agency under section 
7003(a) for school year 2021–2022, children enrolled in 
a school of such agency that would otherwise be eligible 
for payment under section 7003(a)(1)(B) of such Act, but 
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due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children 
reside on Federal property as described in section 
7003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they at-
tended prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized 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 McKin-
ney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Com-
pact of Free Association Amendments Act of 2003; and 
the Civil Rights Act of 1964, $5,803,539,000, of which 
$3,963,652,000 shall become available on July 1, 2022, 
and remain available through September 30, 2023, and 
of which $1,681,441,000 shall become available on Octo-
ber 1, 2022, and shall remain available through September 
30, 2023, for academic year 2022–2023: Provided, That 
$378,000,000 shall be for part B of title I: Provided fur-
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ther, That $1,359,673,000 shall be for part B of title IV: 
Provided further, That $40,397,000 shall be for part B 
of title VI, which may be used for construction, renova-
tion, and modernization of any public elementary school, 
secondary school, or structure related to a public elemen-
tary school or secondary school that serves a predomi-
nantly Native Hawaiian student body, and that the 5 per-
cent limitation in section 6205(b) of the ESEA on the use 
of funds for administrative purposes shall apply only to 
direct administrative costs: Provided further, That 
$36,453,000 shall be for part C of title VI, which shall 
be awarded on a competitive basis, and may be used for 
construction, and that the 5 percent limitation in section 
6305 of the ESEA on the use of funds for administrative 
purposes shall apply only to direct administrative costs: 
Provided further, That $52,000,000 shall be available to 
carry out section 203 of the Educational Technical Assist-
ance Act of 2002 and the Secretary shall make such ar-
rangements as determined to be necessary to ensure that 
the Bureau of Indian Education has access to services pro-
vided under this section: Provided 
further, That 
$23,021,000 shall be available to carry out the Supple-
mental Education Grants program for the Federated 
States of Micronesia and the Republic of the Marshall Is-
lands: Provided further, That the Secretary may reserve 
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up to 5 percent of the amount referred to in the previous 
proviso to provide technical assistance in the implementa-
tion of these grants: Provided further, That $192,840,000 
shall be for part B of title V: Provided further, That 
$1,305,000,000 shall be available for grants under sub-
part 1 of part A of title IV. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent 
not otherwise provided, title VI, part A of the ESEA, 
$187,739,000, of which $67,993,000 shall be for subpart 
2 of part A of title VI and $9,365,000 shall be for subpart 
3 of part A of title VI: Provided, That the 5 percent limita-
tion in sections 6115(d), 6121(e), and 6133(g) of the 
ESEA on the use of funds for administrative purposes 
shall apply only to direct administrative costs: Provided 
further, That the Secretary may make awards under sub-
part 3 of Part A of title VI without regard to the funding 
limitation in section 6133(b)(1) of the ESEA: Provided 
further, That notwithstanding sections 6132(c)(2) and 
6133(d)(1) of such Act, the Secretary may make such 
awards for a period of up to 5 years. 
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, 
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$1,297,276,000: Provided, That $300,500,000 shall be for 
subparts 1, 3 and 4 of part B of title II and shall be made 
available without regard to sections 2201, 2231(b) and 
2241: Provided further, That $642,776,000 shall be for 
parts C, D, and E and subpart 4 of part F of title IV, 
and shall be made available without regard to sections 
4311, 4409(a), and 4601 of the ESEA: Provided further, 
That notwithstanding section 4601(b), $254,000,000 shall 
be available through December 31, 2022 for subpart 1 of 
part F of title IV: Provided further, That $100,000,000 
shall be for competitive grants to local educational agen-
cies and State educational agencies to reduce racial and 
socioeconomic segregation across and within school dis-
tricts. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by subparts 2 
and 3 of part F of title IV of the ESEA, $1,666,000,000: 
Provided, That $1,127,000,000 shall be available for sec-
tion 4631, of which $500,000,000 shall be for Mental 
Health Services Professional Demonstration Grants; 
$500,000,000 shall be for School-Based Mental Health 
Services Grants; and up to $5,000,000, to remain avail-
able until expended, shall be for the Project School Emer-
gency Response to Violence (Project SERV) program: 
Provided further, That $443,000,000 shall be available for 
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section 4625: Provided further, That $96,000,000 shall be 
available through December 31, 2022, for section 4624: 
Provided further, That $5,000,000 of the funds made 
available in the preceding proviso shall be available for 
planning grants consistent with section 4624(d)(1) of the 
ESEA, which shall include as a required activity the needs 
analysis specified in section 4624(a)(4). 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the ESEA, 
$1,000,000,000, which shall become available on July 1, 
2022, and shall remain available through September 30, 
2023, except that 6.5 percent of such amount shall be 
available on October 1, 2021, and shall remain available 
through September 30, 2023, to carry out activities under 
section 3111(c)(1)(C). 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (IDEA) and the Special Olympics Sport 
and Empowerment Act of 2004, $17,200,256,000, of 
which $7,488,516,000 shall become available on July 1, 
2022, and shall remain available through September 30, 
2023, and of which $9,283,383,000 shall become available 
on October 1, 2022, and shall remain available through 
September 30, 2023, for academic year 2022–2023: Pro-
vided, That the amount for section 611(b)(2) of the IDEA 
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