rected by and operated for individuals with disabilities 
shall be eligible to compete: Provided further, That none 
of the funds made available under this heading may be 
used by an eligible system (as defined in section 102 of 
the Protection and Advocacy for Individuals with Mental 
Illness Act (42 U.S.C. 10802)) to continue to pursue any 
legal action in a Federal or State court on behalf of an 
individual or group of individuals with a developmental 
disability (as defined in section 102(8)(A) of the Develop-
mental Disabilities and Assistance and Bill of Rights Act 
of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to 
a mental impairment (or a combination of mental and 
physical impairments), that has as the requested remedy 
the closure of State operated intermediate care facilities 
for people with intellectual or developmental disabilities, 
unless reasonable public notice of the action has been pro-
vided to such individuals (or, in the case of mental inca-
pacitation, the legal guardians who have been specifically 
awarded authority by the courts to make healthcare and 
residential decisions on behalf of such individuals) who are 
affected by such action, within 90 days of instituting such 
legal action, which informs such individuals (or such legal 
guardians) of their legal rights and how to exercise such 
rights consistent with current Federal Rules of Civil Pro-
cedure: Provided further, That the limitations in the imme-
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diately preceding proviso shall not apply in the case of an 
individual who is neither competent to consent nor has a 
legal guardian, nor shall the proviso apply in the case of 
individuals who are a ward of the State or subject to pub-
lic guardianship. 
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 re-
search studies under section 1110 of the Social Security 
Act, $582,981,000, together with $74,828,000 from the 
amounts available under section 241 of the PHS Act to 
carry out national health or human services research and 
evaluation activities: Provided, That of this amount, 
$58,400,000 shall be for minority AIDS prevention and 
treatment activities: Provided further, That of the funds 
made available under this heading, $130,000,000 shall be 
for making competitive contracts and grants to public and 
private entities to fund medically accurate and age appro-
priate programs that reduce teen pregnancy and for the 
Federal costs associated with administering and evalu-
ating such contracts and grants, of which not more than 
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10 percent of the available funds shall be for training and 
technical assistance, evaluation, outreach, and additional 
program support activities, and of the remaining amount 
75 percent shall be for replicating programs that have 
been proven effective through rigorous evaluation to re-
duce teenage pregnancy, behavioral risk factors underlying 
teenage pregnancy, or other associated risk factors, and 
25 percent shall be available for research and demonstra-
tion grants to develop, replicate, refine, and test additional 
models and innovative strategies for preventing teenage 
pregnancy: Provided further, That of the amounts pro-
vided under this heading from amounts available under 
section 241 of the PHS Act, $6,800,000 shall be available 
to carry out evaluations (including longitudinal evalua-
tions) of teenage pregnancy prevention approaches: Pro-
vided further, That funds provided in this Act for embryo 
adoption activities may be used to provide to individuals 
adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for 
such adoptions: Provided further, That such services shall 
be provided consistent with 42 CFR 59.5(a)(4): Provided 
further, That of the funds made available under this head-
ing, $5,000,000 shall be for carrying out prize competi-
tions sponsored by the Office of the Secretary to accelerate 
innovation in the prevention, diagnosis, and treatment of 
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102 
kidney diseases (as authorized by section 24 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3719)): Provided further, That notwithstanding any other 
provision of law, the Secretary may use $7,891,000 of the 
amounts appropriated under this heading to supplement 
funds otherwise available to the Secretary for the hire and 
purchase of electric vehicles and electric vehicle charging 
stations, and to cover other costs related to electrifying 
the motor vehicle fleet within HHS: Provided further, That 
electric chargers installed in a parking area with such 
funds described in the preceding proviso shall be deemed 
personal property under the control and custody of the 
Department of Health and Human Services managing 
such parking area: Provided further, That of the funds 
made available under this heading $3,000,000 shall be for 
establishing a National Health Care Workforce Commis-
sion (as authorized by section 5101 of Public Law 111- 
148). 
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, 2023, to be trans-
ferred in appropriate part from the Federal Hospital In-
surance Trust Fund and the Federal Supplementary Med-
ical Insurance Trust Fund. 
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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 de-
velopment and advancement of interoperable health infor-
mation technology, $86,614,000 shall be available from 
amounts 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 Inspec-
tor General Act of 1978, $100,000,000: Provided, That 
of such amount, necessary sums shall be available for pro-
viding protective services to the Secretary and inves-
tigating non-payment of child support cases for which non- 
payment is a Federal offense under 18 U.S.C. 228: Pro-
vided further, That, of the amount appropriated under this 
heading $5,300,000 shall be available through September 
30, 2023, for activities authorized under section 3022 of 
the PHS Act (42 U.S.C. 300jj-52). 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, $47,931,000. 
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104 
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 med-
ical 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, $1,508,036,000, 
of which $823,380,000 shall remain available through 
September 30, 2023, 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, That funds provided under this head-
ing for the purpose of acquisition of security counter-
measures shall be in addition to any other funds available 
for such purpose: Provided further, That products pur-
chased with funds provided under this heading may, at 
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the discretion of the Secretary, be deposited in the Stra-
tegic National Stockpile pursuant to section 319F–2 of 
the PHS Act: Provided further, That $5,000,000 of the 
amounts made available to support emergency operations 
shall remain available through September 30, 2024. 
For expenses necessary for procuring security coun-
termeasures (as defined in section 319F–2(c)(1)(B) of the 
PHS Act), $770,000,000, to remain available until ex-
pended. 
For expenses necessary to carry out section 319F– 
2(a) of the PHS Act, $905,000,000, to remain available 
until expended. 
For an additional amount for expenses necessary to 
prepare for or respond to an influenza pandemic, 
$335,000,000; of which $300,000,000 shall be available 
until expended, for activities including the development 
and purchase of vaccine, antivirals, necessary medical sup-
plies, diagnostics, and other surveillance tools: Provided, 
That notwithstanding section 496(b) of the PHS Act, 
funds may be used for the construction or renovation of 
privately owned facilities for the production of pandemic 
influenza vaccines and other biologics, if the Secretary 
finds such construction or renovation necessary to secure 
sufficient supplies of such vaccines or biologics. 
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106 
GENERAL PROVISIONS 
SEC. 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. 
SEC. 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, That none of the funds 
appropriated in this title shall be used to prevent the NIH 
from paying up to 100 percent of the salary of an indi-
vidual at this rate. 
SEC. 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 re-
port by the Secretary to the Committees on Appropria-
tions of the House of Representatives and the Senate de-
tailing the planned uses of such funds. 
SEC. 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 appro-
priated for programs authorized under such Act shall be 
made available for the evaluation (directly, or by grants 
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or contracts) and the implementation and effectiveness of 
programs funded in this title. 
(TRANSFER OF FUNDS) 
SEC. 205. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated 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, That the transfer author-
ity granted by this section shall not be used to create any 
new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate are notified at least 15 days 
in advance of any transfer. 
SEC. 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 2022 under sec-
tion 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. 
SEC. 207. None of the funds appropriated in this Act 
may be made available to any entity under title X of the 
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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 at-
tempts to coerce minors into engaging in sexual activities. 
SEC. 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. 
SEC. 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 oth-
erwise eligible entity (including a Provider Sponsored Or-
ganization) because the entity informs the Secretary that 
it will not provide, pay for, provide coverage of, or provide 
referrals for abortions: Provided, That the Secretary shall 
make appropriate prospective adjustments to the capita-
tion payment to such an entity (based on an actuarially 
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care program’s coverage for such services and a Medicare 
Advantage organization described in this section shall be 
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