[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7614 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 362
116th CONGRESS
  2d Session
                                H. R. 7614

                          [Report No. 116-450]

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2021, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2020

    Ms. DeLauro, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2021, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 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, 2021, and for other purposes, namely:

                                TITLE 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'') and the National 
Apprenticeship Act, $3,696,700,000, plus reimbursements, shall be 
available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,869,832,000 as follows:
                    (A) $864,649,000 for adult employment and training 
                activities, of which $152,649,000 shall be available 
                for the period July 1, 2021 through June 30, 2022, and 
                of which $712,000,000 shall be available for the period 
                October 1, 2021 through June 30, 2022;
                    (B) $925,130,000 for youth activities, which shall 
                be available for the period April 1, 2021 through June 
                30, 2022; and
                    (C) $1,080,053,000 for dislocated worker employment 
                and training activities, of which $220,053,000 shall be 
                available for the period July 1, 2021 through June 30, 
                2022, and of which $860,000,000 shall be available for 
                the period October 1, 2021 through June 30, 2022:
          Provided, That the funds available for allotment to outlying 
        areas to carry out subtitle B of title I of the WIOA shall not 
        be subject to the requirements of section 127(b)(1)(B)(ii) of 
        such Act:  Provided further, That notwithstanding the 
        requirements of the WIOA, the Secretary may waive certain 
        requirements to permit the outlying areas to submit a single 
        application for a consolidated grant that awards funds that 
        would otherwise be available to such areas to carry out the 
        activities described in subtitle B of title I of the WIOA:  
        Provided further, That upon receipt of a waiver, an application 
        shall be submitted to the Secretary at such time, in such 
        manner and containing respective spending plans with a funding 
        floor for each program and activity authorized under such 
        subtitle B of title I of the WIOA as the Secretary may require: 
         Provided further, That outlying areas awarded a consolidated 
        grant described in the preceding provisos may use identified 
        excess funding above the funding floor for each activity for 
        any of the other programs and activities authorized under such 
        subtitle B of title I of the WIOA subject to such reporting 
        requirements issued by the Secretary; and
            (2) for national programs, $826,868,000 as follows:
                    (A) $280,859,000 for the dislocated workers 
                assistance national reserve, of which $80,859,000 shall 
                be available for the period July 1, 2021 through 
                September 30, 2022, and of which $200,000,000 shall be 
                available for the period October 1, 2021 through 
                September 30, 2022:  Provided, That funds provided to 
                carry out section 132(a)(2)(A) of the WIOA may be used 
                to provide assistance to a State for statewide or local 
                use in order to address cases where there have been 
                worker dislocations across multiple sectors or across 
                multiple local areas and such workers remain 
                dislocated; coordinate the State workforce development 
                plan with emerging economic development needs; and 
                train such eligible dislocated workers:  Provided 
                further, That funds provided to carry out sections 
                168(b) and 169(c) of the WIOA may be used for technical 
                assistance and demonstration projects, respectively, 
                that provide assistance to new entrants in the 
                workforce and incumbent workers:  Provided further, 
                That notwithstanding section 168(b) of the WIOA, of the 
                funds provided under this subparagraph, the Secretary 
                of Labor (referred to in this title as ``Secretary'') 
                may reserve not more than 10 percent of such funds to 
                provide technical assistance and carry out additional 
                activities related to the transition to the WIOA:  
                Provided further, That of the funds provided under this 
                subparagraph, $50,000,000 shall be for training and 
                employment assistance under sections 168(b), 169(c) 
                (notwithstanding the 10 percent limitation in such 
                section) and 170 of the WIOA 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 
                further, That the Secretary shall follow the 
                requirements for the program in House Report 116-62:  
                Provided further, That any grant funds used for 
                apprenticeships shall be used to support only 
                apprenticeship programs registered under the National 
                Apprenticeship Act and as referred to in section 
                3(7)(B) of the WIOA:  Provided further, That the 
                Department shall issue a Solicitation for Grant 
                Applications (SGA) within 120 days of enactment of this 
                Act:  Provided further, That the funds made available 
                in this title under the heading ``DEPARTMENTAL 
                MANAGEMENT'' for Executive Direction shall be reduced 
                by $100,000 for each day the SGA is not issued beyond 
                the 120 day requirement and such funds shall be 
                rescinded in the amount for each such reduction:  
                Provided further, That the reduction required by the 
                preceding proviso shall be taken only from the 
                ``Executive Direction'' line in the table at the end of 
                the committee report accompanying this Act;
                    (B) $55,500,000 for Native American programs under 
                section 166 of the WIOA, which shall be available for 
                the period July 1, 2021 through June 30, 2022;
                    (C) $95,896,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIOA, including 
                $88,938,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $6,389,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $569,000 for other 
                discretionary purposes, which shall be available for 
                the period April 1, 2021 through June 30, 2022:  
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services:  Provided further, That notwithstanding the 
                definition of ``eligible seasonal farmworker'' in 
                section 167(i)(3) of the WIOA, an individual is 
                eligible for migrant and seasonal farmworker programs 
                under section 167 of the WIOA if such individual is a 
                member of a family with a total family income equal to 
                or less than 150 percent of the poverty line;
                    (D) $100,534,000 for YouthBuild activities as 
                described in section 171 of the WIOA, which shall be 
                available for the period April 1, 2021 through June 30, 
                2022;
                    (E) $103,079,000 for ex-offender activities, under 
                the authority of section 169 of the WIOA, which shall 
                be available for the period April 1, 2021 through June 
                30, 2022:  Provided, That of this amount, $25,000,000 
                shall be for competitive grants to national and 
                regional intermediaries for activities that prepare for 
                employment young adults with criminal records or young 
                adults who have been justice system-involved or who 
                have dropped out of school or other educational 
                programs, with a priority for projects serving high-
                crime, high-poverty areas;
                    (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, 
                2021 through June 30, 2022; and
                    (G) $185,000,000 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, 2021 through June 30, 2022:  Provided, That of 
                the funds provided to carry out this subparagraph, not 
                less than 20 percent shall be for making competitive 
                contracts, grants, and cooperative agreements to 
                national apprenticeship intermediaries, not less than 
                20 percent shall be for competitive contracts, grants, 
                and cooperative agreements to local apprenticeship 
                intermediaries, and not less than 50 percent shall be 
                used to fund grants to States:  Provided further, That 
                the Secretary shall require any information publicly 
                disclosed related to the credentials and competencies 
                earned through registered apprenticeships, including 
                through Apprenticeship.gov, its successor website or 
                any data or website published by the Secretary for a 
                similar function, to be published using an open source 
                description language that is designed to allow for 
                public search and comparison of such data. Such 
                information may be published through open data formats 
                such as the credential transparency description 
                language specifications or a substantially similar 
                approach.

                                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, $1,755,655,000, plus reimbursements, 
as follows:
            (1) $1,603,325,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2021 through June 30, 2022;
            (2) $120,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2021 through June 30, 2024, and which may 
        include the acquisition, maintenance, and repair of major items 
        of equipment:  Provided, That the Secretary may transfer up to 
        15 percent of such funds to meet the operational needs of such 
        centers or to achieve administrative efficiencies:  Provided 
        further, That any funds transferred pursuant to the preceding 
        provision shall not be available for obligation after June 30, 
        2022:  Provided further, That the Committees on Appropriations 
        of the House of Representatives and the Senate are notified at 
        least 15 days in advance of any transfer; and
            (3) $32,330,000 for necessary expenses of Job Corps, which 
        shall be available for obligation for the period October 1, 
        2020 through September 30, 2021:
  Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers.

            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''), $410,000,000, which shall be available for 
the period April 1, 2021 through June 30, 2022, and may be recaptured 
and reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 2021 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 section 405(a) of the Trade Preferences Extension Act 
of 2015, $633,600,000 together with such amounts as may be necessary to 
be charged to the subsequent appropriation for payments for any period 
subsequent to September 15, 2021:  Provided, That notwithstanding 
section 502 of this Act, any part of the appropriation provided under 
this heading may remain available for obligation beyond the current 
fiscal year pursuant to the authorities of section 245(c) of the Trade 
Act of 1974 (19 U.S.C. 2317(c)).

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $84,066,000, together with 
not to exceed $3,421,953,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,649,686,000 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 $200,000,000 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, That of such amount, $117,000,000 is 
        specified for grants under section 306 of the Social Security 
        Act and is provided to meet the terms of section 
        251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, as amended, and $83,000,000 is additional 
        new budget authority specified for purposes of section 
        251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued 
        support of the Unemployment Insurance Integrity Center of 
        Excellence), the administration of unemployment insurance for 
        Federal employees and for ex-service members as authorized 
        under 5 U.S.C. 8501-8523, and the administration of trade 
        readjustment allowances, reemployment trade adjustment 
        assistance, and alternative trade adjustment assistance under 
        the Trade Act of 1974 and under section 231(a) of the Trade 
        Adjustment Assistance Extension Act of 2011 and section 405(a) 
        of the Trade Preferences Extension Act of 2015, and shall be 
        available for obligation by the States through December 31, 
        2021, except that funds used for automation shall be available 
        for Federal obligation through December 31, 2021, and for State 
        obligation through September 30, 2023, or, if the automation is 
        being carried out through consortia of States, for State 
        obligation through September 30, 2027, and for expenditure 
        through September 30, 2028, and funds for competitive grants 
        awarded to States for improved operations and to conduct in-
        person reemployment and eligibility assessments and 
        unemployment insurance improper payment reviews and provide 
        reemployment services and referrals to training, as 
        appropriate, shall be available for Federal obligation through 
        December 31, 2021, and for obligation by the States through 
        September 30, 2023, and funds for the Unemployment Insurance 
        Integrity Center of Excellence shall be available for 
        obligation by the State through September 30, 2022, and funds 
        used for unemployment insurance workloads experienced through 
        September 30, 2021 shall be available for Federal obligation 
        through December 31, 2021;
            (2) $18,000,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $651,639,000 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, 2021 through June 30, 2022;
            (4) $24,818,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986 (including assisting States in 
        adopting or modernizing information technology for use in the 
        processing of certification requests), and the provision of 
        technical assistance and staff training under the Wagner-Peyser 
        Act;
            (5) $77,810,000 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 $57,528,000 shall be available for the 
        Federal administration of such activities, and $20,282,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $62,653,000 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, 2021 
        through June 30, 2022:  Provided, That the Secretary shall 
        require publicly disclosed information contained in ongoing, 
        nationwide datasets funded by the Department of Labor relating 
        to licenses and credentials to be published using an open 
        source description language that is designed to allow for 
        public search and comparison of such data, including any such 
        data on credentials and competencies. Such information may be 
        published through open data formats such as the credential 
        transparency description language specifications or a 
        substantially similar approach:
  Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2021 is projected by the 
Department of Labor to exceed 1,728,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act:  Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act:  Provided further, That the Secretary may use 
funds appropriated for grants to States under title III of the Social 
Security Act to make payments on behalf of States for the use of the 
National Directory of New Hires under section 453(j)(8) of such Act:  
Provided further, That the Secretary may use funds appropriated for 
grants to States under title III of the Social Security Act to make 
payments on behalf of States to the entity operating the State 
Information Data Exchange System:  Provided further, That funds 
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national 
activities of the Federal-State unemployment insurance, employment 
service, or immigration programs, may be obligated in contracts, 
grants, or agreements with States and non-State entities:  Provided 
further, That States awarded competitive grants for improved operations 
under title III of the Social Security Act, or awarded grants to 
support the national activities of the Federal-State unemployment 
insurance system, may award subgrants to other States and non-State 
entities under such grants, subject to the conditions applicable to the 
grants:  Provided further, That funds appropriated under this Act for 
activities authorized under title III of the Social Security Act and 
the Wagner-Peyser Act may be used by States to fund integrated 
Unemployment Insurance and Employment Service automation efforts, 
notwithstanding cost allocation principles prescribed under the final 
rule entitled ``Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards'' at part 200 of title 2, 
Code of Federal Regulations:  Provided further, That the Secretary, at 
the request of a State participating in a consortium with other States, 
may reallot funds allotted to such State under title III of the Social 
Security Act to other States participating in the consortium or to the 
entity operating the Unemployment Insurance Information Technology 
Support Center in order to carry out activities that benefit the 
administration of the unemployment compensation law of the State making 
the request:  Provided further, That the Secretary may collect fees for 
the costs associated with additional data collection, analyses, and 
reporting services relating to the National Agricultural Workers Survey 
requested by State and local governments, public and private 
institutions of higher education, and nonprofit organizations and may 
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, 
for the National Agricultural Workers Survey infrastructure, 
methodology, and data to meet the information collection and reporting 
needs of such entities, which shall be credited to this appropriation 
and shall remain available until September 30, 2022, for such purposes.

        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) of 
the Internal Revenue Code of 1986; and for nonrepayable advances to the 
revolving fund established by section 901(e) of the Social Security 
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and 
to the ``Federal Unemployment Benefits and Allowances'' account, such 
sums as may be necessary, which shall be available for obligation 
through September 30, 2022.

                         program administration

    For expenses of administering employment and training programs, 
$108,674,000, together with not to exceed $49,982,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund:  Provided, That funds made available for the 
Office of Apprenticeship shall only be used for the administration of 
apprenticeship programs only registered under the National 
Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA 
and to provide for the full and adequate staffing of the Federal Office 
of Apprenticeship and each of the State Offices of Apprenticeship.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $181,000,000, of which up to $3,000,000 shall be made 
available through September 30, 2022, for the procurement of expert 
witnesses for enforcement litigation.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104, as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2021, for the Corporation:  Provided, That none of the 
funds available to the Corporation for fiscal year 2021 shall be 
available for obligations for administrative expenses in excess of 
$465,289,000:  Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2021, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2025, for 
obligations for administrative expenses for every 20,000 additional 
terminated participants:  Provided further, That obligations in excess 
of the amounts provided for administrative expenses in this paragraph 
may be incurred and shall be available through September 30, 2025 for 
obligation for unforeseen and extraordinary pre-termination or 
termination expenses or extraordinary multiemployer program related 
expenses after approval by the Office of Management and Budget and 
notification of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That an additional 
amount shall be available for obligation through September 30, 2025 to 
the extent the Corporation's costs exceed $250,000 for the provision of 
credit or identity monitoring to affected individuals upon suffering a 
security incident or privacy breach, not to exceed an additional $100 
per affected individual.

                         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, $246,283,000.

                  Office of Labor-Management Standards

                         salaries and expenses

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

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $115,424,000, together with $2,177,000 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) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act 
(50 U.S.C. App. 2012); obligations incurred under the War Hazards 
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the 
additional compensation and benefits required by section 10(h) of the 
Longshore and Harbor Workers' Compensation Act, $239,000,000, together 
with such amounts as may be necessary to be charged to the subsequent 
year appropriation for the payment of compensation and other benefits 
for any period subsequent to August 15 of the current year, for deposit 
into and to assume the attributes of the Employees' Compensation Fund 
established under 5 U.S.C. 8147(a):  Provided, That amounts 
appropriated may be used under 5 U.S.C. 8104 by the Secretary to 
reimburse an employer, who is not the employer at the time of injury, 
for portions of the salary of a re-employed, disabled beneficiary:  
Provided further, That balances of reimbursements unobligated on 
September 30, 2020, shall remain available until expended for the 
payment of compensation, benefits, and expenses:  Provided further, 
That in addition there shall be transferred to this appropriation from 
the Postal Service and from any other corporation or instrumentality 
required under 5 U.S.C. 8147(c) to pay an amount for its fair share of 
the cost of administration, such sums as the Secretary determines to be 
the cost of administration for employees of such fair share entities 
through September 30, 2021:  Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration of the Federal Employees' Compensation Act, 
$80,257,000 shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems operations and telecommunications systems, 
        $27,220,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $25,647,000;
            (3) For periodic roll disability management and medical 
        review, $25,648,000;
            (4) For program integrity, $1,742,000; and
            (5) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:
  Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or 
the Longshore and Harbor Workers' Compensation Act, provide as part of 
such notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               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, $40,970,000, to remain 
available until expended.
    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 2022, $14,000,000, 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, $62,507,000, to remain 
available until expended:  Provided, That the Secretary may require 
that any person filing a claim for benefits under the Act provide as 
part of such claim such identifying information (including Social 
Security account number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

    Such sums as may be necessary from the Black Lung Disability Trust 
Fund (the ``Fund''), to remain available until expended, for payment of 
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the 
Internal Revenue Code of 1986; and repayment of, and payment of 
interest on advances, as authorized by section 9501(d)(4) of that Act. 
In addition, the following amounts may be expended from the Fund for 
fiscal year 2021 for expenses of operation and administration of the 
Black Lung Benefits program, as authorized by section 9501(d)(5): not 
to exceed $40,643,000 for transfer to the Office of Workers' 
Compensation Programs, ``Salaries and Expenses''; not to exceed 
$33,033,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; not to exceed $333,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $593,787,000, including not to exceed $108,575,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $499,000 per fiscal year of 
training institute course tuition and fees, otherwise authorized by law 
to be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2021, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace:  
Provided further, That $13,537,000 shall be available for Susan Harwood 
training grants, of which not less than $4,500,000 is for Susan Harwood 
Training Capacity Building Developmental grants, as described in 
Funding Opportunity Number SHTG-FY-16-02 (referenced in the notice of 
availability of funds published in the Federal Register on May 3, 2016 
(81 Fed. Reg. 30568)) for program activities starting not later than 
September 30, 2021 and lasting for a period of 12 months:  Provided 
further, That not more than $3,500,000 shall be for Voluntary 
Protection Programs.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $379,816,000, 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, That 
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected 
by the National Mine Health and Safety Academy for room, board, 
tuition, and the sale of training materials, otherwise authorized by 
law to be collected, to be available for mine safety and health 
education and training activities:  Provided further, That 
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health 
Administration is authorized to collect and retain up to $2,499,000 
from fees collected for the approval and certification of equipment, 
materials, and explosives for use in mines, and may utilize such sums 
for such activities:  Provided further, That the Secretary is 
authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private:  
Provided further, That the Mine Safety and Health Administration is 
authorized to promote health and safety education and training in the 
mining community through cooperative programs with States, industry, 
and safety associations:  Provided further, That the Secretary is 
authorized to recognize the Joseph A. Holmes Safety Association as a 
principal safety association and, notwithstanding any other provision 
of law, may provide funds and, with or without reimbursement, 
personnel, including service of Mine Safety and Health Administration 
officials as officers in local chapters or in the national 
organization:  Provided further, That any funds available to the 
Department of Labor may be used, with the approval of the Secretary, to 
provide for the costs of mine rescue and survival operations in the 
event of a major disaster.

                       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, $587,000,000, 
together with not to exceed $68,000,000 which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.
    Within this amount, $13,000,000 to remain available until September 
30, 2024, for costs associated with the physical move of the Bureau of 
Labor Statistics' headquarters, including replication of space, 
furniture, fixtures, equipment, and related costs, as well as 
relocation of the data center to a shared facility.

                 Office of Disability Employment Policy

                         salaries and expenses

    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, $38,500,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $349,056,000, together with not 
to exceed $308,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund:  Provided, That 
$67,325,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2021:  Provided further, 
That funds available to the Bureau of International Labor Affairs may 
be used to administer or operate international labor activities, 
bilateral and multilateral technical assistance, and microfinance 
programs, by or through contracts, grants, subgrants and other 
arrangements:  Provided further, That not more than $53,825,000 shall 
be for programs to combat exploitative child labor internationally and 
not less than $13,500,000 shall be used to implement model programs 
that address worker rights issues through technical assistance in 
countries with which the United States has free trade agreements or 
trade preference programs:  Provided further, That $8,040,000 shall be 
used for program evaluation and shall be available for obligation 
through September 30, 2022:  Provided further, That funds available for 
program evaluation may be used to administer grants for the purpose of 
evaluation:  Provided further, That grants made for the purpose of 
evaluation shall be awarded through fair and open competition:  
Provided further, That funds available for program evaluation may be 
transferred to any other appropriate account in the Department for such 
purpose:  Provided further, That the Committees on Appropriations of 
the House of Representatives and the Senate are notified at least 15 
days in advance of any transfer:  Provided further, That the funds 
available to the Women's Bureau may be used for grants to serve and 
promote the interests of women in the workforce:  Provided further, 
That of the amounts made available to the Women's Bureau, not less than 
$1,794,000 shall be used for grants authorized by the Women in 
Apprenticeship and Nontraditional Occupations Act.

                    veterans employment and training

    Not to exceed $256,341,000 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) $180,000,000 is for Jobs for Veterans State grants 
        under 38 U.S.C. 4102A(b)(5) to support disabled veterans' 
        outreach program specialists under section 4103A of such title 
        and local veterans' employment representatives under section 
        4104(b) of such title, and for the expenses described in 
        section 4102A(b)(5)(C), which shall be available for obligation 
        by the States through December 31, 2021, and not to exceed 3 
        percent for the necessary Federal expenditures for data systems 
        and contract support to allow for the tracking of participant 
        and performance information:  Provided, That, in addition, such 
        funds may be used to support such specialists and 
        representatives in the provision of services to transitioning 
        members of the Armed Forces who have participated in the 
        Transition Assistance Program and have been identified as in 
        need of intensive services, to members of the Armed Forces who 
        are wounded, ill, or injured and receiving treatment in 
        military treatment facilities or warrior transition units, and 
        to the spouses or other family caregivers of such wounded, ill, 
        or injured members;
            (2) $29,379,000 is for carrying out the Transition 
        Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
            (3) $43,548,000 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, That, up to 
        $500,000 may be used to carry out the Hire VETS Act (division O 
        of Public Law 115-31); and
            (4) $3,414,000 is for the National Veterans' Employment and 
        Training Services Institute under 38 U.S.C. 4109:
  Provided, That the Secretary may reallocate among the appropriations 
provided under paragraphs (1) through (4) above an amount not to exceed 
3 percent of the appropriation from which such reallocation is made.
    In addition, from the General Fund of the Treasury, $57,500,000 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, That notwithstanding subsections (c)(3) and (d) of section 
2023, the Secretary may award grants through September 30, 2021, to 
provide services under such section:  Provided further, That services 
provided under sections 2021 or under 2021A may include, in addition to 
services to homeless veterans described in section 2002(a)(1), services 
to veterans who were homeless at some point within the 60 days prior to 
program entry or veterans who are at risk of homelessness within the 
next 60 days, and that services provided under section 2023 may 
include, in addition to services to the individuals described in 
subsection (e) of such section, services to veterans recently released 
from incarceration who are at risk of homelessness:  Provided further, 
That notwithstanding paragraph (3) under this heading, funds 
appropriated in this paragraph may be used for data systems and 
contract support to allow for the tracking of participant and 
performance information:  Provided further, That notwithstanding 
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, 
such funds shall be available for expenditure pursuant to 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, That such sums shall be in 
addition to any other funds available for such purposes, including 
funds available under paragraph (3) of this heading:  Provided further, 
That section 2(d) of division O of the Consolidated Appropriations Act, 
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.

                            it modernization

    For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $25,269,000, which shall be available 
through September 30, 2022.

                      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, 
$86,187,000, together with not to exceed $5,660,000 which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 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)

    Sec. 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, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and 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 Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 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.
    Sec. 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) may be used for any purpose 
other than competitive grants for training individuals who are older 
than 16 years of age and are not currently enrolled in school within a 
local educational agency in the occupations and industries for which 
employers are using H-1B visas to hire foreign workers, and the related 
activities necessary to support such training.
    Sec. 105.  None of the funds made available by this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved including Employment and Training Administration 
programs.

                          (transfer of funds)

    Sec. 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'' 
when it is determined that those services will be more efficiently 
performed by Federal employees:  Provided, That this section shall not 
apply to section 171 of the WIOA.
    (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'' in order to carry out program integrity 
activities relating to any of the programs or activities that are 
funded under any such discretionary appropriations:  Provided, That 
notwithstanding section 102 and the preceding proviso, the Secretary 
may transfer not more than 0.5 percent of funds made available in 
paragraphs (1) and (2) of the ``Office of Job Corps'' account to 
paragraph (3) of such account to carry out program integrity activities 
related to the Job Corps program:  Provided further, That funds 
transferred under the authority provided by this subsection shall be 
available for obligation through September 30, 2022.

                          (transfer of funds)

    Sec. 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'' 
for use by the Office of the Chief Evaluation Officer within the 
Department of Labor, and shall be available for obligation through 
September 30, 2022:  Provided, That such funds shall only be available 
if the Chief Evaluation Officer of the Department of Labor submits a 
plan to the Committees on Appropriations of the House of 
Representatives and the Senate describing the evaluations to be carried 
out 15 days in advance of any transfer.
    (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'', funding made available to 
the ``Bureau of International Labor Affairs'' and ``Women's Bureau'' 
within the ``Departmental Management, Salaries and Expenses'' account, 
and ``Veterans Employment and Training''.
    Sec. 108.  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.
    Sec. 109. (a) The Act entitled ``An Act to create a Department of 
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be 
applied as if the following text is part of such Act:

``SEC. 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 
        at the Secretary's direction in the performance of his 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.
    Sec. 110.  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 of title 40 of the United States Code and 
subchapter V of chapter 119 of title 42 of the United States Code. The 
net proceeds of such a sale shall be transferred to the Secretary, 
which shall be available until expended to carry out the Job Corps 
Program on Treasure Island.

                              (rescission)

    Sec. 111.  Of the unobligated funds available under section 
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), 
$349,000,000 are hereby rescinded.
    Sec. 112.  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.
    Sec. 113.  None of the funds made available by this Act may be used 
to implement or enforce, or take any actions in furtherance of, the 
final regulations on ``Joint Employer Status under the Fair Labor 
Standards Act'' published by the Department of Labor in the Federal 
Register on January 16, 2020 (85 Fed. Reg. 2820 et seq.).
    Sec. 114.  None of the funds made available by this Act may be used 
to develop, promulgate, issue, or implement a final rule, or take any 
actions in furtherance of the proposed rule, on ``Implementing Legal 
Requirements Regarding the Equal Opportunity Clause's Religious 
Exemption'' published by Department of Labor in the Federal Register on 
August 15, 2019 (84 Fed. Reg. 41677 et seq.).
    Sec. 115.  None of the funds made available by this Act may be used 
to implement or enforce or take any actions in furtherance of, the 
final rule on ``Wagner-Peyser Act Staffing Flexibility'' published by 
the Department of Labor in the Federal Register on January 06, 2020 (85 
Fed. Reg. 592 et seq.).
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2021''.

                                TITLE 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'') with respect to primary 
health care and the Native Hawaiian Health Care Act of 1988, 
$1,651,522,000:  Provided, That no more than $1,000,000 shall be 
available until expended for carrying out the provisions of section 
224(o) of the PHS Act:  Provided further, That no more than 
$120,000,000 shall be available until expended for carrying out 
subsections (g) through (n) and (q) of section 224 of the PHS Act, and 
for expenses incurred by the Department of Health and Human Services 
(referred to in this Act as ``HHS'') pertaining to administrative 
claims made under such law.

                            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, 
$1,242,505,000:  Provided, That sections 751(j)(2) and 762(k) of the 
PHS Act and the proportional funding amounts in paragraphs (1) through 
(4) of section 756(f) of the PHS Act shall not apply to funds made 
available under this heading:  Provided further, That for any program 
operating under section 751 of the PHS Act on or before January 1, 
2009, the Secretary of Health and Human Services (referred to in this 
title as the ``Secretary'') may hereafter waive any of the requirements 
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the 
full project period of a grant under such section:  Provided further, 
That no funds shall be available for section 340G-1 of the PHS Act:  
Provided further, That fees collected for the disclosure of information 
under section 427(b) of the Health Care Quality Improvement Act of 1986 
and sections 1128E(d)(2) and 1921 of the Social Security Act shall be 
sufficient to recover the full costs of operating the programs 
authorized by such sections and shall remain available until expended 
for the National Practitioner Data Bank:  Provided further, That funds 
transferred to this account to carry out section 846 and subpart 3 of 
part D of title III of the PHS Act may be used to make prior year 
adjustments to awards made under such section and subpart:  Provided 
further, That $120,000,000 shall remain available until expended for 
the purposes of providing primary health services, assigning National 
Health Service Corps (``NHSC'') members to expand the delivery of 
substance use disorder treatment services, notwithstanding the 
assignment priorities and limitations under sections 333(a)(1)(D), 
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under 
the NHSC Loan Repayment Program under section 338B of such Act:  
Provided further, That, within the amount made available in the 
previous proviso, $15,000,000 shall remain available until expended for 
the purposes of making payments under the NHSC Loan Repayment Program 
under section 338B of the PHS Act to individuals participating in such 
program who provide primary health services in Indian Health Service 
facilities, Tribally-Operated 638 Health Programs, and Urban Indian 
Health Programs (as those terms are defined by the Secretary), 
notwithstanding the assignment priorities and limitations under section 
333(b) of such Act:  Provided further, That for purposes of the 
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be 
applied as if the term ``primary health services'' includes clinical 
substance use disorder treatment services, including those provided by 
masters level, licensed substance use disorder treatment counselors:  
Provided further, That of the funds made available under this heading, 
$5,000,000 shall be available to make grants to establish or expand 
optional community-based nurse practitioner fellowship programs that 
are accredited or in the accreditation process, with a preference for 
those in Federally Qualified Health Centers, for practicing 
postgraduate nurse practitioners in primary care or behavioral health.
    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, That, in awarding such 
grants, the Secretary shall give priority to public institutions of 
higher education located in States with a projected primary care 
provider shortage in 2025, as determined by the Secretary:  Provided 
further, That grants so awarded are limited to such public institutions 
of higher education in States in the top quintile of States with a 
projected primary care provider shortage in 2025, as determined by the 
Secretary:  Provided further, That the minimum amount of a grant so 
awarded to such an institution shall be not less than $1,000,000 per 
year:  Provided further, That such a grant may be awarded for a period 
not to exceed 5 years:  Provided further, That such a grant awarded 
with respect to a year to such an institution shall be subject to a 
matching requirement of non-Federal funds in an amount that is not less 
than 10 percent of the total amount of Federal funds provided in the 
grant to such institution with respect to such year.

                       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, $980,784,000:  Provided, That notwithstanding sections 502(a)(1) 
and 502(b)(1) of the Social Security Act, not more than $127,116,000 
shall be available for carrying out special projects of regional and 
national significance pursuant to section 501(a)(2) of such Act and 
$10,276,000 shall be available for projects described in subparagraphs 
(A) through (F) of section 501(a)(3) of such Act.

                      ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,413,781,000, of which $1,970,881,000 shall 
remain available to the Secretary through September 30, 2023, 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 
$95,000,000, 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, $131,093,000, of which $122,000 shall be available until expended 
for facilities renovations at the Gillis W. Long Hansen's Disease 
Center.

                              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, 
$334,294,000, of which $55,609,000 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, That of the funds made available under this 
heading for Medicare rural hospital flexibility grants, $21,942,000 
shall be available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology and up to $1,000,000 shall be to carry out section 
1820(g)(6) of the Social Security Act, with funds provided for grants 
under section 1820(g)(6) available for the purchase and implementation 
of telehealth services, including pilots and demonstrations on the use 
of electronic health records to coordinate rural veterans care between 
rural providers and the Department of Veterans Affairs electronic 
health record system:  Provided further, That notwithstanding section 
338J(k) of the PHS Act, $12,500,000 shall be available for State 
Offices of Rural Health:  Provided further, That $11,000,000 shall 
remain available through September 30, 2023, to support the Rural 
Residency Development Program:  Provided further, That $110,000,000 
shall be for the Rural Communities Opioids Response Program.

                            family planning

    For carrying out the program under title X of the PHS Act to 
provide for voluntary family planning projects, $286,479,000:  
Provided, That the Secretary shall carry out section 1001 of the PHS 
Act solely in accordance with any regulations or other conditions or 
instructions established by the Secretary pursuant to the authority 
under section 1006 of the PHS Act that applied as of January 18, 2017, 
to grants and contracts awarded under section 1001 of the PHS Act:  
Provided further, That amounts provided to said projects under such 
title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall not be 
expended for any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public office:  
Provided further, That for each entity that, in fiscal year 2019, 
received an award under section 1001 of the PHS Act and whose award was 
terminated or relinquished before the planned end of the period of 
performance, the Secretary shall, not later than 60 days after the date 
of enactment of this Act, issue a new award to such entity using funds 
made available herein, equal to the amount of the award that was 
terminated or relinquished and consistent with any terms and conditions 
that applied at the time that the fiscal year 2019 award was made 
except as modified by this Act, but only if--
            (1) the Secretary has not, prior to the enactment of this 
        Act, awarded grants or contracts for the performance of 
        substantially similar activities in the geographical areas that 
        were served by the terminated or relinquished award, but if 
        such grants or contracts awarded prior to the enactment of this 
        Act would only partially replace the activities or areas 
        covered by the terminated or relinquished award, the Secretary 
        shall seek to restore the terminated award with respect to the 
        remaining activities or areas;
            (2) the Secretary has secured assurance from the entity 
        that its termination or relinquishment was due to its inability 
        or unwillingness to comply with the provisions of the final 
        rule titled ``Compliance with Statutory Program Integrity 
        Requirements'', published on March 4, 2019 (84 Fed. Reg. 7714 
        et seq.); and
            (3) the Secretary has secured assurance from the entity 
        that it is willing to resume project activities consistent with 
        the terms and conditions that applied at the time that the 
        terminated or relinquished award was made except as modified by 
        this Act:
  Provided further, That the provisos under this heading are not 
intended to limit the equitable powers of the courts to further protect 
historical providers previously awarded grants or contracts in fiscal 
year 2019 or prior fiscal years under Title X of the PHS:  Provided 
further, That all patients under Title X of the PHS Act with a positive 
pregnancy test--
                    (A) are given the opportunity to be provided 
                information and counseling regarding each of the 
                following options--
                            (i) prenatal care and delivery;
                            (ii) infant care, foster care, and 
                        adoption; and
                            (iii) pregnancy termination;
                    (B) if a patient requests such information and 
                counseling, such patient shall be provided with 
                neutral, factual information and nondirective 
                counseling on each such option, including referral upon 
                request, except with respect to any option about which 
                the patient indicates no interest in receiving such 
                information and counseling.

                           program management

    For program support in the Health Resources and Services 
Administration, $155,300,000:  Provided, That funds made available 
under this heading may be used to supplement program support funding 
provided under the headings ``Primary Health Care'', ``Health 
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS 
Program'', ``Health Care Systems'', and ``Rural Health''.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (the ``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the PHS Act, to remain available until expended:  
Provided, That for necessary administrative expenses, not to exceed 
$10,200,000 shall be available from the Trust Fund to the Secretary.

               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, $469,705,000.

     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, $1,287,556,000.

               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, $593,972,000:  Provided, 
That of the amounts made available under this heading, up to $1,000,000 
shall remain available until expended to pay for the transportation, 
medical care, treatment, and other related costs of persons quarantined 
or isolated under Federal or State quarantine law.

            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, 
$1,049,564,000:  Provided, That funds made available under this heading 
may be available for making grants under section 1509 of the PHS Act 
for not less than 21 States, tribes, or tribal organizations:  Provided 
further, That of the funds made available under this heading, 
$15,000,000 shall be available to continue and expand community 
specific extension and outreach programs to combat obesity in counties 
with the highest levels of obesity:  Provided further, That the 
proportional funding requirements under section 1503(a) of the PHS Act 
shall not apply to funds made available under this heading.

   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, $162,810,000.

                   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, $593,497,000.

                          environmental health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to environmental health, $219,850,000, of which $10,000,000 
shall be available until September 30, 2023, for carrying out 
activities under section 2203(b) of the Water Infrastructure 
Improvements for the Nation Act (Public Law 114-322).

                     injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to injury prevention and control, $694,879,000, of which 
$25,000,000 shall be for firearm injury and mortality prevention 
research.

         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, 
$344,700,000.

       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, That this amount shall be 
available consistent with the provision regarding administrative 
expenses in section 151(b) of division B, title I of Public Law 106-
554.

                             global health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to global health, $572,843,000, of which: (1) $128,421,000 
shall remain available through September 30, 2022 for international 
HIV/AIDS; and (2) $183,200,000 shall remain available through September 
30, 2023 for global public health protection:  Provided, That funds may 
be used for purchase and insurance of official motor vehicles in 
foreign countries.

                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, $852,200,000:  Provided, That the Director of the Centers 
for Disease Control and Prevention (referred to in this title as 
``CDC'') or the Administrator of the Agency for Toxic Substances and 
Disease Registry may detail staff without reimbursement for up to 180 
days to support an activation of the CDC Emergency Operations Center, 
so long as the Director or Administrator, as applicable, provides a 
notice to the Committees on Appropriations of the House of 
Representatives and the Senate within 15 days of the use of this 
authority and a full report within 30 days after use of this authority 
which includes the number of staff and funding level broken down by the 
originating center and number of days detailed:  Provided further, That 
funds appropriated under this heading may be used to support a contract 
for the operation and maintenance of an aircraft in direct support of 
activities throughout CDC to ensure the agency is prepared to address 
public health preparedness emergencies.

                        buildings and facilities

                     (including transfer of funds)

    For acquisition of real property, equipment, construction, 
installation, demolition, and renovation of facilities, $30,000,000, 
which shall remain available until September 30, 2025:  Provided, That 
funds made available to this account in this or any prior Act that are 
available for the acquisition of real property or for construction or 
improvement of facilities shall be available to make improvements on 
non-federally owned property, provided that any improvements that are 
not adjacent to federally owned property do not exceed $2,500,000, and 
that the primary benefit of such improvements accrues to CDC:  Provided 
further, That funds previously set-aside by CDC for repair and upgrade 
of the Lake Lynn Experimental Mine and Laboratory shall be used to 
acquire a replacement mine safety research facility:  Provided further, 
That in addition, the prior year unobligated balance of any amounts 
assigned to former employees in accounts of CDC made available for 
Individual Learning Accounts shall be credited to and merged with the 
amounts made available under this heading to support the replacement of 
the mine safety research facility.

                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, $198,570,000, of which up 
to $5,000,000 may be transferred to the reserve of the Working Capital 
Fund authorized under this heading in division F of Public Law 112-74:  
Provided, That paragraphs (1) through (3) of subsection (b) of section 
2821 of the PHS Act shall not apply to funds appropriated under this 
heading and in all other accounts of the CDC:  Provided further, That 
of the amounts made available under this heading, $85,000,000, to 
remain available until expended, shall be available to the Director of 
the CDC for deposit in the Infectious Diseases Rapid Response Reserve 
Fund established by section 231 of division B of Public Law 115-245:  
Provided further, That employees of CDC or the Public Health Service, 
both civilian and commissioned officers, detailed to States, 
municipalities, or other organizations under authority of section 214 
of the PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be included 
within any personnel ceiling applicable to the Agency, Service, or HHS 
during the period of detail or assignment:  Provided further, That CDC 
may use up to $10,000 from amounts appropriated to CDC in this Act for 
official reception and representation expenses when specifically 
approved by the Director of CDC:  Provided further, That in addition, 
such sums as may be derived from authorized user fees, which shall be 
credited to the appropriation charged with the cost thereof:  Provided 
further, That with respect to the previous proviso, authorized user 
fees from the Vessel Sanitation Program and the Respirator 
Certification Program shall be available through September 30, 2022.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $6,299,155,000, 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, $3,655,428,000.

         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, $481,535,000.

    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, $2,132,498,000.

        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, $2,415,110,000.

         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, $6,013,087,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,972,479,000, of which 
$1,341,313,000 shall be from funds available under section 241 of the 
PHS Act:  Provided, That not less than $396,573,000 is provided for the 
Institutional Development Awards program.

  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, $1,570,269,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $831,177,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $809,501,000.

                      national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $3,609,150,000.

 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, 
$630,263,000.

    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, $494,912,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $170,567,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $550,063,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,474,590,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $2,005,303,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $611,564,000.

      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, 
$407,109,000.

        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, $153,045,000.

      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, 
$343,700,000:  Provided, That funds may be used to implement a 
reorganization that is presented to an advisory council in a public 
meeting and for which the Committees on Appropriations of the House of 
Representatives and the Senate have been notified 30 days in advance.

                  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), $86,455,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $460,841,000:  Provided, 
That of the amounts available for improvement of information systems, 
$4,000,000 shall be available until September 30, 2022:  Provided 
further, That in fiscal year 2021, the National Library of Medicine may 
enter into personal services contracts for the provision of services in 
facilities owned, operated, or constructed under the jurisdiction of 
the National Institutes of Health (referred to in this title as 
``NIH'').

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $840,051,000:  Provided, That up to 
$60,000,000 shall be available to implement section 480 of the PHS Act, 
relating to the Cures Acceleration Network:  Provided further, That at 
least $578,141,000 is provided to the Clinical and Translational 
Sciences Awards program.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, NIH, $2,324,548,000:  Provided, That funding shall be 
available for the purchase of not to exceed 29 passenger motor vehicles 
for replacement only:  Provided further, That all funds credited to the 
NIH Management Fund shall remain available for one fiscal year after 
the fiscal year in which they are deposited:  Provided further, That 
$180,000,000 shall be for the Environmental Influences on Child Health 
Outcomes study:  Provided further, That $631,899,000 shall be available 
for the Common Fund established under section 402A(c)(1) of the PHS 
Act:  Provided further, That of the funds provided, $10,000 shall be 
for official reception and representation expenses when specifically 
approved by the Director of the NIH:  Provided further, That the Office 
of AIDS Research within the Office of the Director of the NIH may spend 
up to $8,000,000 to make grants for construction or renovation of 
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:  
Provided further, That $50,000,000 shall be used to carry out section 
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and 
behavioral research facilities:  Provided further, That $5,000,000 
shall be transferred to and merged with the appropriation for the 
``Office of Inspector General'' for oversight of grant programs and 
operations of the NIH, including agency efforts to ensure the integrity 
of its grant application evaluation and selection processes, and shall 
be in addition to funds otherwise made available for oversight of the 
NIH:  Provided further, That the funds provided in the previous proviso 
may be transferred from one specified activity to another with 15 days 
prior approval of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That the Inspector 
General shall consult with the Committees on Appropriations of the 
House of Representatives and the Senate before submitting to the 
Committees an audit plan for fiscal years 2021 and 2022 no later than 
30 days after the date of enactment of this Act:  Provided further, 
That amounts available under this heading are also available to 
establish, operate, and support the Research Policy Board authorized by 
section 2034(f) of the 21st Century Cures Act.
    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 of title 26, United States 
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the 
PHS Act (relating to pediatric research), as authorized in the 
Gabriella Miller Kids First Research Act.

                        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, $200,000,000, to remain 
available through September 30, 2025.

                   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, $404,000,000, to remain available until expended:  
Provided, That such amounts are appropriated pursuant to section 
1001(b)(3) of such Act, are to be derived from amounts transferred 
under section 1001(b)(2)(A) of such Act, and may be transferred by the 
Director of the National Institutes of Health to other accounts of the 
National Institutes of Health solely for the purposes provided in such 
Act:  Provided further, That upon a determination by the Director that 
funds transferred pursuant to the previous proviso are not necessary 
for the purposes provided, such amounts may be transferred back to the 
Account:  Provided further, That the transfer authority provided under 
this heading is in addition to any other transfer authority provided by 
law.

       Substance Abuse and Mental Health Services Administration

                             mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to mental health, and the Protection and Advocacy for Individuals with 
Mental Illness Act, $1,727,974,000:  Provided, That of the funds made 
available under this heading, $71,887,000 shall be for the National 
Child Traumatic Stress Initiative:  Provided further, That 
notwithstanding section 520A(f)(2) of the PHS Act, no funds 
appropriated for carrying out section 520A shall be available for 
carrying out section 1971 of the PHS Act:  Provided further, That in 
addition to amounts provided herein, $21,039,000 shall be available 
under section 241 of the PHS Act to supplement funds otherwise 
available for mental health activities and to carry out subpart I of 
part B of title XIX of the PHS Act to fund section 1920(b) technical 
assistance, national data, data collection and evaluation activities, 
and further that the total available under this Act for section 1920(b) 
activities shall not exceed 5 percent of the amounts appropriated for 
subpart I of part B of title XIX:  Provided further, That of the funds 
made available under this heading for subpart I of part B of title XIX 
of the PHS Act, $35,000,000 shall be available to support evidence-
based crisis systems:  Provided further, That up to 10 percent of the 
amounts made available to carry out the Children's Mental Health 
Services program may be used to carry out demonstration grants or 
contracts for early interventions with persons not more than 25 years 
of age at clinical high risk of developing a first episode of 
psychosis:  Provided further, That section 520E(b)(2) of the PHS Act 
shall not apply to funds appropriated in this Act for fiscal year 2021: 
 Provided further, That States shall expend at least 10 percent of the 
amount each receives for carrying out section 1911 of the PHS Act to 
support evidence-based programs that address the needs of individuals 
with early serious mental illness, including psychotic disorders, 
regardless of the age of the individual at onset: Provided further, 
That $225,000,000 shall be available until September 30, 2023 for 
grants to communities and community organizations who meet criteria for 
Certified Community Behavioral Health Clinics pursuant to section 
223(a) of Public Law 113-93:  Provided further, That none of the funds 
provided for section 1911 of the PHS Act shall be subject to section 
241 of such Act: Provided further, That of the funds made available 
under this heading, $19,000,000 shall be to carry out section 224 of 
the Protecting Access to Medicare Act of 2014 (Public Law 113-93; 42 
U.S.C. 290aa 22 note).

                        substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse treatment and title XIX of such Act with respect to 
substance abuse treatment and prevention, and the SUPPORT for Patients 
and Communities Act, $3,766,556,000:  Provided, That $1,500,000,000 
shall be for State Opioid Response Grants for carrying out activities 
pertaining to opioids and stimulants undertaken by the State agency 
responsible for administering the substance abuse prevention and 
treatment block grant under subpart II of part B of title XIX of the 
PHS Act (42 U.S.C. 300x-21 et seq.):  Provided further, That of such 
amount $50,000,000 shall be made available to Indian Tribes or tribal 
organizations:  Provided further, That 15 percent of the remaining 
amount shall be for the States with the highest mortality rate related 
to opioid use disorders:  Provided further, That of the amounts 
provided for State Opioid Response Grants not more than 2 percent shall 
be available for Federal administrative expenses, training, technical 
assistance, and evaluation:  Provided further, That of the amount not 
reserved by the previous three provisos, the Secretary shall make 
allocations to States, territories, and the District of Columbia 
according to a formula using national survey results that the Secretary 
determines are the most objective and reliable measure of drug use and 
drug-related deaths:  Provided further, That the Secretary shall submit 
the formula methodology to the Committees on Appropriations of the 
House of Representatives and the Senate not less than 15 days prior to 
publishing a Funding Opportunity Announcement:  Provided further, That 
prevention and treatment activities funded through such grants may 
include education, treatment (including the provision of medication), 
behavioral health services for individuals in treatment programs, 
referral to treatment services, recovery support, and medical screening 
associated with such treatment:  Provided further, That each State, as 
well as the District of Columbia, shall receive not less than 
$4,000,000:  Provided further, That in addition to amounts provided 
herein, the following amounts shall be available under section 241 of 
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title 
XIX of the PHS Act to fund section 1935(b) technical assistance, 
national data, data collection and evaluation activities, and further 
that the total available under this Act for section 1935(b) activities 
shall not exceed 5 percent of the amounts appropriated for subpart II 
of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse 
treatment programs:  Provided further, That none of the funds provided 
for section 1921 of the PHS Act or State Opioid Response Grants shall 
be subject to section 241 of such Act.

                       substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $209,469,000.

                health surveillance and program support

    For program support and cross-cutting activities that supplement 
activities funded under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out 
titles III, V, and XIX of the PHS Act and the Protection and Advocacy 
for Individuals with Mental Illness Act in the Substance Abuse and 
Mental Health Services Administration, $128,830,000:  Provided, That in 
addition to amounts provided herein, $31,428,000 shall be available 
under section 241 of the PHS Act to supplement funds available to carry 
out national surveys on drug abuse and mental health, to collect and 
analyze program data, and to conduct public awareness and technical 
assistance activities:  Provided further, That, in addition, fees may 
be collected for the costs of publications, data, data tabulations, and 
data analysis completed under title V of the PHS Act and provided to a 
public or private entity upon request, which shall be credited to this 
appropriation and shall remain available until expended for such 
purposes:  Provided further, That amounts made available in this Act 
for carrying out section 501(o) of the PHS Act shall remain available 
through September 30, 2022:  Provided further, That funds made 
available under this heading may be used to supplement program support 
funding provided under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention''.

               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, 
$143,091,000:  Provided, That in addition to amounts provided herein, 
$199,909,000 shall be available from amounts available under section 
241 of the PHS Act:  Provided further, That section 947(c) of the PHS 
Act shall not apply in fiscal year 2021:  Provided further, That in 
addition, amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data shall be 
credited to this appropriation and shall remain available until 
September 30, 2022.

                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, $313,904,098,000, to remain available until 
expended.
    In addition, for carrying out such titles after May 31, 2021, for 
the last quarter of fiscal year 2021 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 2022, $148,732,315,000, 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, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$439,514,000,000.
    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 $3,984,744,000, 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, That 
all funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the PHS Act shall be credited to and 
available for carrying out the purposes of this appropriation:  
Provided further, That the Secretary is directed to collect fees in 
fiscal year 2021 from Medicare Advantage organizations pursuant to 
section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of that 
Act pursuant to section 1876(k)(4)(D) of that Act:  Provided further, 
That of the amount made available under this heading, $407,334,000 
shall remain available until September 30, 2022, and shall be available 
for the Survey and Certification Program:  Provided further, That 
amounts available under this heading to support quality improvement 
organizations (as defined in section 1152 of the Social Security Act) 
shall not exceed the amount specifically provided for such purpose 
under this heading in division H of the Consolidated Appropriations 
Act, 2018 (Public Law 115-141).
    In addition, the Secretary shall obligate not less than 
$100,000,000 in fiscal year 2021 out of amounts collected through the 
user fees on participating health insurance issuers pursuant to section 
156.50 of title 45, Code of Federal Regulations (or any successor 
regulations) to carry out the navigator program (as described in 
section 1311(i) of the Patient Protection and Affordable Care Act (42 
U.S.C. 18031(i)), and to carry out outreach and educational activities, 
for purposes of informing potential enrollees in qualified health plans 
(as defined in section 1301(a) of such Act (42 U.S.C. 18021(a)) offered 
through an Exchange established or operated by the Secretary within a 
State, of the availability of coverage under such plans and financial 
assistance for coverage under such plans:  Provided, That awards under 
such program shall be based solely on an entity's demonstrated capacity 
to carry out each of the duties specified in section 1311(i)(3) of such 
Act:  Provided further, That not less than $15,000,000 shall be 
obligated for national television and not less than $15,000,000 shall 
be obligated for internet search advertising for purposes of carrying 
out such outreach and educational activities:  Provided further, That 
not less than $30,000,000 of the funds made available in this paragraph 
shall be obligated for advertising during the final two weeks of the 
open enrollment period specified by the Secretary pursuant to section 
1311(c)(6)(B) of such Act occurring during 2019:  Provided further, 
That no amounts collected through such user fees shall be available for 
expenditures for promoting health insurance coverage or a group health 
plan (as such terms are defined in section 2791 of the PHS Act (42 
U.S.C. 300gg-91)) that is not a qualified health plan.

              health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity 
and program management, $807,000,000, to remain available through 
September 30, 2022, 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 $615,000,000 shall be for the Centers for Medicare & Medicaid 
Services program integrity activities, of which $98,000,000 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 $94,000,000 shall be for the 
Department of Justice to carry out fraud and abuse activities 
authorized by section 1817(k)(3) of such Act:  Provided, That the 
report required by section 1817(k)(5) of the Social Security Act for 
fiscal year 2021 shall include measures of the operational efficiency 
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and 
CHIP programs for the funds provided by this appropriation:  Provided 
further, That of the amount provided under this heading, $311,000,000 
is provided to meet the terms of section 251(b)(2)(C)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
and $496,000,000 is additional new budget authority specified for 
purposes of section 251(b)(2)(C) of such Act:  Provided further, That 
the Secretary shall provide not less than $20,000,000 from amounts made 
available under this heading and amounts made available for fiscal year 
2021 under section 1817(k)(3)(A) of the Social Security Act for the 
Senior Medicare Patrol program to combat health care fraud and abuse.

                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, $3,039,000,000, to remain available until expended; and for such 
purposes for the first quarter of fiscal year 2022, $1,400,000,000, 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.), $3,765,304,000:  Provided, That notwithstanding section 2609A(a) 
of such Act, not more than $2,988,000 may be reserved by the Secretary 
of Health and Human Services for technical assistance, training, and 
monitoring of program activities for compliance with internal controls, 
policies and procedures and the Secretary may, in addition to the 
authorities provided in section 2609A(a)(1), use such funds through 
contracts with private entities that do not qualify as nonprofit 
organizations:  Provided further, That $3,737,316,000 of the amount 
appropriated under this heading shall be allocated to each State and 
territory in amounts equal to the amount each State and territory was 
allocated in fiscal year 2020 pursuant to allocations made from amounts 
appropriated under this heading in title II of division A of the 
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):  
Provided further, That of the remaining amount made available under 
this heading that is not designated for allocation in the preceding two 
provisos, $12,500,000 shall be allocated as though the total 
appropriation for such payments for fiscal year 2021 was less than 
$1,975,000,000.

                     refugee and entrant assistance

    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''), and the Torture Victims Relief Act of 1998, 
$1,911,201,000, of which $1,864,446,000 shall remain available through 
September 30, 2023 for carrying out such sections 414, 501, 462, and 
235:  Provided, That amounts available under this heading to carry out 
the TVPA shall also be available for research and evaluation with 
respect to activities under such Act:  Provided further, That not less 
than $190,000,000 shall be used for legal services, child advocates, 
and post-release services:  Provided further, That the contribution of 
funds requirement under section 235(c)(6)(C)(iii) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
shall not apply to funds made available under this heading.

   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''), $5,926,000,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families:  Provided, That technical assistance under section 
658I(a)(3) of such Act may be provided directly, or through the use of 
contracts, grants, cooperative agreements, or interagency agreements:  
Provided further, That all funds made available to carry out section 
418 of the Social Security Act (42 U.S.C. 618), including funds 
appropriated for that purpose in such section 418 or any other 
provision of law, shall be subject to the reservation of funds 
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG 
Act:  Provided further, That in addition to the amounts required to be 
reserved by the Secretary under section 658O(a)(2)(A) of such Act, 
$174,780,000 shall be for Indian tribes and tribal organizations.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000:  Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX-A of such Act shall be 10 percent.

                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''); and for necessary administrative expenses to carry 
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security 
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act 
of 1981, the Child Care and Development Block Grant Act of 1990, the 
Assets for Independence Act, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assistance 
Act of 1980, $13,098,181,000, of which $75,000,000, to remain available 
through September 30, 2022, shall be for grants to States for adoption 
and legal guardianship incentive payments, as defined by section 473A 
of the Social Security Act and may be made for adoptions and legal 
guardianships completed before September 30, 2021:  Provided, That 
$10,763,095,000 shall be for making payments under the Head Start Act, 
including for Early Head Start-Child Care Partnerships, and, of which, 
notwithstanding section 640 of such Act:
            (1) $135,000,000 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'' in subsequent fiscal years, as such term is used 
        in section 640(a)(7)(A) of such Act;
            (3) $15,000,000 shall be available to migrant and seasonal 
        Head Start programs, in addition to funds made available for 
        migrant and seasonal Head Start programs under section 640(a) 
        of the Head Start Act, for the purposes of 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 (5):  Provided further, that funds derived from a 
        migrant and seasonal Head Start program held by the Secretary 
        as a result of recapturing, withholding, or reducing a base 
        grant that were unable to be redistributed consistent with 
        Section 641A(h)(6)(A)(ii) of such Act shall be added to the 
        amount in the previous proviso;
            (4) $4,000,000 shall be available for the purposes of the 
        Tribal Colleges and Universities Head Start Partnership Program 
        consistent with section 648(g) of such Act; and
            (5) $19,000,000 shall be available to supplement funding 
        otherwise available for research, evaluation, and Federal 
        administrative costs:
  Provided further, That the Secretary may reduce the reservation of 
funds under section 640(a)(2)(C) of such Act in lieu of reducing the 
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 
640(a)(2)(E) of such Act:  Provided further, That $300,000,000 shall be 
available until December 31, 2021 for carrying out sections 9212 and 
9213 of the Every Student Succeeds Act:  Provided further, That up to 3 
percent of the funds in the preceding proviso shall be available for 
technical assistance and evaluation related to grants awarded under 
such section 9212:  Provided further, That $780,383,000 shall be for 
making payments under the CSBG Act:  Provided further, That for the 
purposes of carrying out the CSBG Act, the term ``poverty line'' as 
defined in section 673(2) of the CSBG Act means 200 percent of the 
poverty line otherwise applicable under such section (excluding the 
last sentence of such section) without regard to such section:  
Provided further, That $30,383,000 shall be for section 680 of the CSBG 
Act, of which not less than $20,383,000 shall be for section 680(a)(2) 
and not less than $10,000,000 shall be for section 680(a)(3)(B) of such 
Act:  Provided further, That, notwithstanding section 675C(a)(3) of 
such Act, to the extent Community Services Block Grant funds are 
distributed as grant funds by a State to an eligible entity as provided 
under such Act, and have not been expended by such entity, they shall 
remain with such entity for carryover into the next fiscal year for 
expenditure by such entity consistent with program purposes:  Provided 
further, That the Secretary shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act:  Provided further, That 
intangible assets in the form of loans, equity investments and other 
debt instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:  
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999:  Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations:  Provided further, That $185,000,000 shall be for 
carrying out section 303(a) of the Family Violence Prevention and 
Services Act, of which $7,000,000 shall be allocated notwithstanding 
section 303(a)(2) of such Act for carrying out section 309 of such Act: 
 Provided further, That the percentages specified in section 112(a)(2) 
of the Child Abuse Prevention and Treatment Act shall not apply to 
funds appropriated under this heading:  Provided further, That 
$1,864,000 shall be for a human services case management system for 
federally declared disasters, to include a comprehensive national case 
management contract and Federal costs of administering the system:  
Provided further, That up to $2,000,000 shall be for improving the 
Public Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system's 
effectiveness.

                   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, $59,765,000.

                payments for foster care and permanency

    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, $7,012,000,000.
    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, for the first quarter of fiscal year 2022, 
$3,000,000,000.
    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''), the RAISE Family Caregivers Act, the 
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX 
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of 
the Medicare Improvements for Patients and Providers Act of 2008, title 
XX-B of the Social Security Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title 
II of the Help America Vote Act of 2002, the Assistive Technology Act 
of 1998, titles II and VII (and section 14 with respect to such titles) 
of the Rehabilitation Act of 1973, and for Department-wide coordination 
of policy and program activities that assist individuals with 
disabilities, $2,225,390,000, together with $54,115,000 to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to carry out section 
4360 of the Omnibus Budget Reconciliation Act of 1990:  Provided, That 
amounts appropriated under this heading may be used for grants to 
States under section 361 of the OAA only for disease prevention and 
health promotion programs and activities which have been demonstrated 
through rigorous evaluation to be evidence-based and effective:  
Provided further, That of amounts made available under this heading to 
carry out sections 311, 331, and 336 of the OAA, up to one percent of 
such amounts shall be available for developing and implementing 
evidence-based practices for enhancing senior nutrition, including 
medically-tailored meals:  Provided further, That notwithstanding any 
other provision of this Act, funds made available under this heading to 
carry out section 311 of the OAA may be transferred to the Secretary of 
Agriculture in accordance with such section:  Provided further, That 
$2,000,000 shall be for competitive grants to support alternative 
financing programs that provide for the purchase of assistive 
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance 
program:  Provided further, That applicants shall provide an assurance 
that, and information describing the manner in which, the alternative 
financing program will expand and emphasize consumer choice and 
control:  Provided further, That State agencies and community-based 
disability organizations that are directed 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 
Developmental 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 
provided to such individuals (or, in the case of mental incapacitation, 
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 Procedure:  Provided 
further, That the limitations in the immediately 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 public 
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 research studies under section 1110 of the Social Security Act, 
$457,959,000, 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, That of the 
funds made available under this heading, $56,900,000 shall be for 
minority AIDS prevention and treatment activities:  Provided further, 
That of the funds made available under this heading, $101,000,000 shall 
be for making competitive grants to public and private entities to fund 
medically accurate and complete and age-appropriate (as those terms are 
defined in section 513(e) of the Social Security Act (42 U.S.C. 
713(e))) programs that reduce teen pregnancy and that do not withhold 
information about the effectiveness and benefits of correct and 
consistent use of condoms and other contraceptives, and for the Federal 
costs associated with administering and evaluating such grants, of 
which not more than 10 percent of the available funds shall be for 
training and technical assistance, 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 reduce teenage pregnancy, behavioral risk factors 
underlying teenage pregnancy, or other associated risk factors, and 25 
percent shall be available for research and demonstration grants to 
develop, replicate, refine, and rigorously test (defined as randomized 
control trial, quasi-experimental design, or regression discontinuity 
design) additional models and innovative strategies for preventing 
teenage pregnancy:  Provided further, That amounts made available under 
this heading for programs to reduce teen pregnancy shall meet the 
requirements listed in clauses (ii) through (vi) of section 
513(b)(2)(B) of the Social Security Act (42 U.S.C. 713(b)(2)(B)(ii)-
(vi)) and shall not be made available by interagency agreement or 
otherwise to any agency within the Department of Health and Human 
Services other than the Office of the Secretary to carry out or support 
such programs:  Provided further, That of the amounts provided 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 evaluations) of teenage pregnancy prevention approaches:  
Provided 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 heading, 
$5,000,000 shall be for carrying out prize competitions sponsored by 
the Office of the Secretary to accelerate innovation in the prevention, 
diagnosis, and treatment of kidney diseases (as authorized by section 
24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3719)).  Provided further, That of the funds made available under this 
heading, $3,000,000 shall be for establishing a National Health Care 
Workforce Commission (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, $191,881,000 shall remain available until 
September 30, 2022, 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, $60,367,000.

                      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, 
$80,000,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228:  Provided further, That of 
the amount made available under this heading, $5,300,000 shall be 
available through September 30, 2022, for activities authorized under 
section 3022 of the PHS Act relating to information blocking.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$38,798,000.

     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, $1,077,458,000, of which $561,700,000 shall remain 
available through September 30, 2022, 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 heading for the purpose of acquisition of security 
countermeasures shall be in addition to any other funds available for 
such purpose:  Provided further, That products purchased with funds 
provided under this heading may, at the discretion of the Secretary, be 
deposited in the Strategic 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, 2023:  Provided further, That of the amount made 
available under this heading for policy and planning, $5,000,000 shall 
remain available until expended for implementation activities related 
to the National Biodefense Strategy.
    For expenses necessary for procuring security countermeasures (as 
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to 
remain available until expended.
    For expenses necessary to carry out section 319F-2(a) of the PHS 
Act, $705,000,000, to remain available until expended.
    For an additional amount for expenses necessary to prepare for or 
respond to an influenza pandemic, $310,000,000; of which $275,000,000 
shall be available until expended, for activities including the 
development and purchase of vaccine, antivirals, necessary medical 
supplies, diagnostics, and other surveillance tools:  Provided, 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.

                           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 individual 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 report by the Secretary to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
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 3 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)

    Sec. 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, That the transfer authority granted by this 
section shall be available only to meet emergency needs and 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 Representatives 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 
2021 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.
    Sec. 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.
    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 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, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees):  Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information 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 promote 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 international health 
activities, including HIV/AIDS and other infectious disease, chronic 
and environmental disease, and other health activities abroad during 
fiscal year 2021:
            (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 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving 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 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 Director of NIH and the Director of the 
Office of AIDS Research, 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 necessary 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 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.
    Sec. 216.  Not to exceed $45,000,000 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 $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 Research Service Awards (``NRSA'') 
shall be made available to the Administrator of the Health Resources 
and Services Administration to make NRSA awards for research in primary 
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 Quality 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 program years, for purchase of research services or of 
security 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 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.
    Sec. 219. (a) The Secretary shall publish in the fiscal year 2021 
budget justification and on Departmental Web sites information 
concerning the employment of full-time equivalent Federal employees or 
contractors for the purposes of implementing, administering, enforcing, 
or otherwise carrying out the provisions of the ACA, and the amendments 
made by that Act, in the proposed fiscal year and each fiscal year 
since the enactment of the ACA.
    (b) With respect to employees or contractors supported by all funds 
appropriated for purposes of carrying out the ACA (and the amendments 
made by that Act), the Secretary shall include, at a minimum, the 
following information:
            (1) For each such fiscal year, the section of such Act 
        under which such funds were appropriated, a statement 
        indicating the program, project, or activity receiving such 
        funds, the Federal operating division or office that 
        administers such program, and the amount of funding received in 
        discretionary or mandatory appropriations.
            (2) For each such fiscal year, the number of full-time 
        equivalent employees or contracted employees assigned to each 
        authorized and funded provision detailed in accordance with 
        paragraph (1).
    (c) In carrying out this section, the Secretary may exclude from 
the report employees or contractors who--
            (1) are supported through appropriations enacted in laws 
        other than the ACA and work on programs that existed prior to 
        the passage of the ACA;
            (2) spend less than 50 percent of their time on activities 
        funded by or newly authorized in the ACA; or
            (3) work on contracts for which FTE reporting is not a 
        requirement of their contract, such as fixed-price contracts.
    Sec. 220.  The Secretary shall publish, as part of the fiscal year 
2022 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 2022. 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 explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).
    Sec. 221.  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. 222. (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 committee report accompanying this Act.
    (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.
    Sec. 223.  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)).
    Sec. 224.  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)

    Sec. 225.  The NIH Director may transfer discretionary amounts 
identified by the Director as funding for opioid addiction, opioid 
alternatives, pain management, and addiction treatment among Institutes 
and Centers of the NIH to be used for the same purpose 15 days after 
notifying the Committees on Appropriations:  Provided, That the 
transfer authority provided in the previous proviso is in addition to 
any other transfer authority provided by law.
    Sec. 226. (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.
    Sec. 227.  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 described in the committee report accompanying 
this Act.
    Sec. 228.  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'' 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. 229.  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))) in the care of the 
Office of Refugee Resettlement of the Administration for Children and 
Families, including medical goods and services, which may include early 
childhood developmental screenings, school supplies, toys, clothing, 
and any other items intended to promote the wellbeing of such children.
    Sec. 230.  None of the funds provided by this or any prior 
appropriations Act may be used to reverse changes in procedures made by 
operational directives issued to providers by the Office of Refugee 
Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019 
regarding the Memorandum of Agreement on Information Sharing executed 
April 13, 2018.
    Sec. 231.  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'' 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.
    Sec. 232.  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. 233.  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;
            (2) the documented cause of separation, as reported by DHS 
        when each child was referred;
            (3) the length of any such separation;
            (4) the status of any efforts undertaken by the Secretary 
        to reunify such children with a parent or legal guardian; and
            (5) the number of any such reunifications, and whether the 
        reunified families were placed in family detention.
    Sec. 234.  None of the funds made available in this or any prior 
appropriations Act may be used to implement or enforce the Memorandum 
of Agreement Among the Office of Refugee Resettlement of the Department 
of Health and Human Services and U.S. Immigration and Customs 
Enforcement and U.S. Customs and Border Protection of the Department of 
Homeland Security Regarding Consultation and Information Sharing in 
Unaccompanied Alien Children Matters, dated April 13, 2018. Nothing in 
this section shall be construed to prohibit or restrict the continued 
implementation of interagency agreements or coordination of policy 
memoranda issued prior to April 13, 2018.
    Sec. 235.  None of the funds made available in this Act or any 
other Act may be used by the Secretary of Health and Human Services to 
share information provided by unaccompanied alien children (as defined 
in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2))) during mental health or therapeutic services with the 
Department of Homeland Security or the Department of Justice for 
immigration enforcement.
    Sec. 236.  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 of the Department of Health and Human 
Services is responsible 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.
    Sec. 237.  The Secretary of Health and Human Services is directed 
to report the death of any unaccompanied alien child in Office of 
Refugee Resettlement (ORR) custody or in the custody of any grantee on 
behalf of ORR within 24 hours, including relevant details regarding the 
circumstances of the fatality, to the Committees on Appropriations of 
the House of Representatives and the Senate.
    Sec. 238.  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 Representatives and the Senate a 
detailed spend plan of anticipated uses of all funds made available 
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant 
Assistance'', including the following: a list of existing grants and 
contracts for both permanent and influx facilities, including their 
costs, capacity, and timelines; costs for expanding capacity through 
the use of community-based residential care placements (including long-
term and transitional foster care and small group homes) through new or 
modified grants and contracts; current and planned efforts to expand 
small-scale shelters and available foster care placements, 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 
administration; and the average number of weekly referrals and 
discharge rate assumed in the spend plan:  Provided, That such plan 
shall be updated to reflect changes and expenditures 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.
    Sec. 239.  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 228 at costs not in excess of those 
paid for or reimbursed by the Department of Defense.
    Sec. 240.  Amounts made available in section 238 of division A of 
Public Law 116-94 shall remain available until September 30, 2024, for 
installation expenses, including moving expenses, relating to the 
Centers for Disease Control and Prevention's Chamblee Campus.

                              (rescission)

    Sec. 241.  Of the unobligated balances in the ``Nonrecurring 
Expenses Fund'' established in section 223 of division G of Public Law 
110-161, $600,000,000 are hereby rescinded not later than September 30, 
2021.
    Sec. 242.  Funds made available in Public Law 113-235 to the 
accounts of the National Institutes of Health that were available for 
obligation through fiscal year 2015 and were obligated for multi-year 
research grants shall be available through fiscal year 2021 for the 
liquidation of valid obligations if the Director of the National 
Institutes of Health determines the project suffered an interruption of 
activities attributable to SARS-CoV-2.
    Sec. 243.  Not later than seven days after the date of enactment of 
this Act, and weekly thereafter until the public health emergency 
related to COVID-19 is no longer in effect, the Secretary of Health and 
Human Services shall report to the Committees on Appropriations of the 
House of Representatives and the Senate on the current inventory of 
ventilators and personal protective equipment in the Strategic National 
Stockpile, including the numbers of face shields, gloves, goggles and 
glasses, gowns, head covers, masks, and respirators, as well as 
deployment of ventilators and personal protective equipment during the 
previous week, reported by State and other jurisdiction:  Provided, 
That after the date that a report is required to be submitted by the 
preceding proviso, amounts made available for ``Department of Health 
and Human Services--Office of the Secretary--General Departmental 
Management'' in Public Law 116-94 for salaries and expenses of the 
immediate Office of the Secretary shall be reduced by $250,000 for each 
day that such report has not been submitted:  Provided further, That 
not later than the first Monday in February of fiscal year 2021 and 
each fiscal year thereafter, the Secretary shall include in the annual 
budget submission for the Department of Health and Human Services, and 
submit to the Congress, a professional judgment budget with respect to 
expenditures necessary to maintain the minimum level of relevant 
supplies in the Strategic National Stockpile, including in case of a 
significant pandemic, in consultation with the working group under 
section 319F(a) of the Public Health Service Act and the Public Health 
Emergency Medical Countermeasures Enterprise established under section 
2811-1 of such Act.
    Sec. 244.  None of the funds made available by this Act may be used 
to implement, enforce, or otherwise give effect to the final rule 
entitled ``Protecting Statutory Conscience Rights in Health Care; 
Delegations of Authority'' (84 Fed. Reg. 23170-23272, May 21, 2019).
    Sec. 245.  None of the funds made available by this Act may be used 
to implement, enforce, or otherwise give effect to the rule entitled 
``Nondiscrimination in Health and Health Education Programs or 
Activities'' published in the Federal Register on June 19, 2020 (85 
Fed. Reg. 37160 et seq.).
    Sec. 246.  None of the funds appropriated in this Act or otherwise 
made available to the Department of Health and Human Services shall be 
used to publish the proposed regulation in the Budget of the United 
States Government, Fiscal Year 2021 relating to the Medicaid 
Nonemergency Medical Transportation benefit for Medicaid beneficiaries.
    Sec. 247.  None of the funds made available in this Act may be used 
to Act may be used to implement, enforce, or otherwise give effect to 
the revision to section 447.10 of title 42, Code of Federal 
Regulations, contained in the final rule entitled ``Medicaid Program; 
Reassignment of Medicaid Provider Claims'' (84 Fed. Reg. 19718 (May 6, 
2019)).
    Sec. 248. (a) None of the funds made available by this Act may be 
awarded to any organization, including under the Federal Foster Care 
program under part E of title IV of the Social Security Act, that does 
not comply with paragraphs (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.
    Sec. 249.  None of the funds made available by this Act or any 
other Act may be used to relocate any facility providing call center 
operations for the Centers for Medicare & Medicaid Services unless the 
Comptroller General has submitted to the Committees on Appropriations 
of the House of Representatives and the Senate an evaluation of 
relocation options, which shall include any impact on wages and 
benefits for employees, contractors, or subcontractors in connection 
with call center operations.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2021''.

                               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''), $17,258,290,000, of which 
$6,336,990,000 shall become available on July 1, 2021, and shall remain 
available through September 30, 2022, and of which $10,841,177,000 
shall become available on October 1, 2021, and shall remain available 
through September 30, 2022, for academic year 2021-2022:  Provided, 
That $6,459,401,000 shall be for basic grants under section 1124 of the 
ESEA:  Provided further, That up to $5,000,000 of these funds shall be 
available to the Secretary of Education (referred to in this title as 
``Secretary'') on October 1, 2020, to obtain annually updated local 
educational agency-level census poverty data from the Bureau of the 
Census:  Provided further, That $1,362,301,000 shall be for 
concentration grants under section 1124A of the ESEA:  Provided 
further, That $4,371,050,000 shall be for targeted grants under section 
1125 of the ESEA:  Provided further, That $4,371,050,000 shall be for 
education finance incentive grants under section 1125A of the ESEA:  
Provided further, That $220,500,000 shall be for carrying out subpart 2 
of part B of title II:  Provided further, That $46,623,000 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, $1,491,112,000, 
of which $1,345,242,000 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), $17,406,000 shall be for 
construction under section 7007(b), $75,313,000 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 2020-2021, 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 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 
attended prior to their change in eligibility status.

                      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, 
$5,453,617,000, of which $3,623,052,000 shall become available on July 
1, 2021, and remain available through September 30, 2022, and of which 
$1,681,441,000 shall become available on October 1, 2021, and shall 
remain available through September 30, 2022, for academic year 2021-
2022:  Provided, That $378,000,000 shall be for part B of title I:  
Provided further, That $1,262,673,000 shall be for part B of title IV:  
Provided further, That $37,897,000 shall be for part B of title VI, 
which may be used for construction, renovation, and modernization of 
any public elementary school, secondary school, or structure related to 
a public elementary school or secondary school that serves a 
predominantly Native Hawaiian student body, and that the 5 percent 
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 $35,953,000 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 Assistance Act of 2002 and the Secretary shall make such 
arrangements as determined to be necessary to ensure that the Bureau of 
Indian Education has access to services provided under this section:  
Provided further, That $16,699,000 shall be available to carry out the 
Supplemental Education Grants program for the Federated States of 
Micronesia and the Republic of the Marshall Islands:  Provided further, 
That the Secretary may reserve up to 5 percent of the amount referred 
to in the previous proviso to provide technical assistance in the 
implementation of these grants:  Provided further, That $186,840,000 
shall be for part B of title V:  Provided further, That $1,220,000,000 
shall be available for grants under subpart 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, $181,239,000, of which 
$67,993,000 shall be for subpart 2 of part A of title VI and $7,865,000 
shall be for subpart 3 of part A of title VI:  Provided, That the 5 
percent limitation 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.

                       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, $1,074,815,000:  Provided, That $285,815,000 
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 $594,000,000 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), $195,000,000 shall be 
available through December 31, 2021 for subpart 1 of part F of title 
IV, of which $110,000,000 shall be for social and emotional learning 
grants, and $85,000,000 shall be used for science, technology, 
engineering, arts, and mathematics, including computer science 
education grants.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part 
F of title IV of the ESEA, $218,000,000:  Provided, That $106,000,000 
shall be available for section 4631, of which up to $5,000,000, to 
remain available until expended, shall be for the Project School 
Emergency Response to Violence (Project SERV) program:  Provided 
further, That $30,000,000 shall be available for section 4625:  
Provided further, That $82,000,000 shall be available through December 
31, 2021, for section 4624.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $797,400,000, 
which shall become available on July 1, 2021, and shall remain 
available through September 30, 2022, except that 6.5 percent of such 
amount shall be available on October 1, 2020, and shall remain 
available through September 30, 2022, 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, 
$14,092,995,000, of which $4,553,979,000 shall become available on July 
1, 2021, and shall remain available through September 30, 2022, and of 
which $9,283,383,000 shall become available on October 1, 2021, and 
shall remain available through September 30, 2022, for academic year 
2021-2022:  Provided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2020, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2020:  Provided 
further, That the Secretary shall, without regard to section 611(d) of 
the IDEA, distribute to all other States (as that term is defined in 
section 611(g)(2)), subject to the third proviso, any amount by which a 
State's allocation under section 611, from funds appropriated under 
this heading, is reduced under section 612(a)(18)(B), according to the 
following: 85 percent on the basis of the States' relative populations 
of children aged 3 through 21 who are of the same age as children with 
disabilities for whom the State ensures the availability of a free 
appropriate public education under this part, and 15 percent to States 
on the basis of the States' relative populations of those children who 
are living in poverty:  Provided further, That the Secretary may not 
distribute any funds under the previous proviso to any State whose 
reduction in allocation from funds appropriated under this heading made 
funds available for such a distribution:  Provided further, That the 
States shall allocate such funds distributed under the second proviso 
to local educational agencies in accordance with section 611(f):  
Provided further, That the amount by which a State's allocation under 
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and 
the amounts distributed to States under the previous provisos in fiscal 
year 2012 or any subsequent year shall not be considered in calculating 
the awards under section 611(d) for fiscal year 2013 or for any 
subsequent fiscal years:  Provided further, That, notwithstanding the 
provision in section 612(a)(18)(B) regarding the fiscal year in which a 
State's allocation under section 611(d) is reduced for failure to 
comply with the requirement of section 612(a)(18)(A), the Secretary may 
apply the reduction specified in section 612(a)(18)(B) over a period of 
consecutive fiscal years, not to exceed five, until the entire 
reduction is applied:  Provided further, That the Secretary may, in any 
fiscal year in which a State's allocation under section 611 is reduced 
in accordance with section 612(a)(18)(B), reduce the amount a State may 
reserve under section 611(e)(1) by an amount that bears the same 
relation to the maximum amount described in that paragraph as the 
reduction under section 612(a)(18)(B) bears to the total allocation the 
State would have received in that fiscal year under section 611(d) in 
the absence of the reduction:  Provided further, That the Secretary 
shall either reduce the allocation of funds under section 611 for any 
fiscal year following the fiscal year for which the State fails to 
comply with the requirement of section 612(a)(18)(A) as authorized by 
section 612(a)(18)(B), or seek to recover funds under section 452 of 
the General Education Provisions Act (20 U.S.C. 1234a):  Provided 
further, That the funds reserved under 611(c) of the IDEA may be used 
to provide technical assistance to States to improve the capacity of 
the States to meet the data collection requirements of sections 616 and 
618 and to administer and carry out other services and activities to 
improve data collection, coordination, quality, and use under parts B 
and C of the IDEA:  Provided further, That the Secretary may use funds 
made available for the State Personnel Development Grants program under 
part D, subpart 1 of IDEA to evaluate program performance under such 
subpart:  Provided further, That States may use funds reserved for 
other State-level activities under sections 611(e)(2) and 619(f) of the 
IDEA to make subgrants to local educational agencies, institutions of 
higher education, other public agencies, and private non-profit 
organizations to carry out activities authorized by those sections:  
Provided further, That, notwithstanding section 643(e)(2)(A) of the 
IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) 
of such Act, the Secretary shall provide a grant to each State in an 
amount equal to the maximum amount described in section 643(e)(2)(B) of 
such Act:  Provided further, That if more than 5 States apply for 
grants pursuant to section 643(e) of the IDEA, the Secretary shall 
award funds to those States on the basis of the States' relative 
populations of infants and toddlers except that no such State shall 
receive a grant in excess of the amount described in section 
643(e)(2)(B) of such Act:  Provided further, That States may use funds 
received under part C of the IDEA to make subgrants to local 
educational agencies, institutions of higher education, other public 
agencies and private nonprofit organizations to carry out activities 
authorized by such part.

                        Rehabilitation Services

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Helen Keller National Center Act, and 
the Randolph-Sheppard Act, $3,827,500,000, of which $3,667,801,000 
shall be for grants for vocational rehabilitation services under title 
I of the Rehabilitation Act:  Provided, That the Secretary may use 
amounts provided in this Act that remain available subsequent to the 
reallotment of funds to States pursuant to section 110(b) of the 
Rehabilitation Act for innovative activities aimed at improving the 
outcomes of individuals with disabilities as defined in section 
7(20)(B) of the Rehabilitation Act, including activities aimed at 
improving the education and post-school outcomes of children receiving 
Supplemental Security Income (``SSI'') and their families that may 
result in long-term improvement in the SSI child recipient's economic 
status and self-sufficiency:  Provided further, That States may award 
subgrants for a portion of the funds to other public and private, 
nonprofit entities:  Provided further, That any funds made available 
subsequent to reallotment for innovative activities aimed at improving 
the outcomes of individuals with disabilities shall remain available 
until September 30, 2022:  Provided further, That $20,000,000 of these 
funds shall be available to the Secretary for one-time emergency relief 
and restoration grants consistent with the purposes of the Randolph-
Sheppard Act as authorized under 20 U.S.C. 107f:  Provided further, 
That the Secretary shall use such funds to make grants to each State 
licensing agency in the same proportion as the number of blind vendors 
operating a vending facility in such State as compared to the number of 
blind vendors operating a vending facility in all the States on 
September 30, 2019:  Provided further, That the State licensing agency 
shall use these grants to make financial relief and restoration 
payments to offset losses of blind vendors resulting from the COVID-19 
emergency, but only to the extent that such losses are not otherwise 
compensated:  Provided further, That any funds in excess of the amount 
needed for relief and restoration payments to blind vendors shall be 
used by the State licensing agency for other purposes authorized by 
section 395.9 of title 34, Code of Federal Regulations, as in effect on 
the date of enactment of this Act, and determined through active 
participation with the State committee of blind vendors as required.

           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, $32,931,000.

               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, $81,000,000:  
Provided, That from the total amount available, the Institute may at 
its discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          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, $139,861,000:  Provided, That from the total amount available, 
the University may at its discretion use funds for the endowment 
program as authorized under section 207 of such Act.

                 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'') 
and the Adult Education and Family Literacy Act (``AEFLA''), 
$1,985,686,000, of which $1,194,686,000 shall become available on July 
1, 2021, and shall remain available through September 30, 2022, and of 
which $791,000,000 shall become available on October 1, 2021, and shall 
remain available through September 30, 2022:  Provided, That of the 
amounts made available for AEFLA, $13,712,000 shall be for national 
leadership activities under section 242.

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 10 of part A, and part C of 
title IV of the HEA, $24,565,352,000 which shall remain available 
through September 30, 2022.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2021-2022 shall be $5,435.

                       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, $1,768,943,000, to remain available through 
September 30, 2022:  Provided, That the Secretary shall allocate new 
student loan borrower accounts to eligible student loan servicers on 
the basis of their past performance compared to all loan servicers 
utilizing established common metrics, and on the basis of the capacity 
of each servicer to process new and existing accounts and compliance 
with Federal and State law:  Provided further, That for student loan 
contracts awarded prior to October 1, 2017, the Secretary shall allow 
student loan borrowers who are consolidating Federal student loans to 
select from any student loan servicer to service their new consolidated 
student loan:  Provided further, That in order to promote 
accountability and high-quality service to borrowers, the Secretary 
shall not award funding for any contract solicitation for a new Federal 
student loan servicing environment, including the solicitation for the 
Federal Student Aid (FSA) Next Generation Processing and Servicing 
Environment, unless such an environment provides for the participation 
of multiple student loan servicers that contract directly with the 
Department of Education:  Provided further, That the FSA Next 
Generation Processing and Servicing Environment, or any new Federal 
student loan servicing environment, shall include accountability 
measures that account for the performance of the portfolio and 
contractor compliance with FSA guidelines:  Provided further, That the 
Department shall re-allocate accounts from servicers for recurring non-
compliance with FSA guidelines, contractual requirements, and Federal 
and State law, including for failure to sufficiently inform borrowers 
of available repayment options:  Provided further, That such servicers 
shall be evaluated based on their ability to meet contract requirements 
(including an understanding of Federal and State law), future 
performance on the contracts, and history of compliance with applicable 
consumer protections laws, including Federal and State law:  Provided 
further, That to the extent FSA permits student loan servicing 
subcontracting, FSA shall hold prime contractors accountable for 
meeting the requirements of the contract, and the performance and 
expectations of subcontractors shall be accounted for in the prime 
contract and in the overall performance of the prime contractor:  
Provided further, That FSA shall ensure that the Next Generation 
Processing and Servicing Environment, or any new Federal loan servicing 
environment, incentivize more support to borrowers at risk of 
delinquency or default:  Provided further, That FSA shall ensure that 
in such environment contractors have the capacity to meet and are held 
accountable for performance on service levels; are held accountable for 
and have a history of compliance with applicable consumer protection 
laws, including Federal and State law; and have relevant experience and 
demonstrated effectiveness:  Provided further, That the Secretary shall 
not delay, prevent, or otherwise obstruct, directly or indirectly, 
State oversight of the Department's contractors conducting business in 
such State, including loan servicers:  Provided further, That the 
Secretary shall provide quarterly briefings to the Committees on 
Appropriations and Education and Labor of the House of Representatives 
and the Committees on Appropriations and Health, Education, Labor, and 
Pensions of the Senate on general progress related to solicitations for 
Federal student loan servicing contracts:  Provided further, That FSA 
shall strengthen transparency through expanded publication of aggregate 
data on student loan and servicer performance:  Provided further, That 
FSA shall provide a detailed strategic plan for Next Gen to the 
Committees on Appropriations of the House of Representatives and the 
Senate within 60 days of enactment of this Act, accounting for the cost 
of all activities associated with the full implementation of Next Gen, 
including transition costs, the amount of funding that has been used 
from Student Aid Administration in each of the previous three fiscal 
years on Next Gen, including an explanation of each cost and activity, 
details about contracts awarded, including any change request issued 
prior to enactment:  Provided further, That not later than 30 days 
after enactment of this Act, FSA shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a 
detailed spend plan of anticipated uses made available in this account 
for fiscal year 2021, including the following: contracts awarded, 
change requests, bonuses paid to staff, reorganization costs, and any 
other activity supported by this appropriation.

                            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, 
$2,556,815,000, of which $31,000,000 shall remain available through 
December 31, 2021:  Provided, That notwithstanding any other provision 
of law, funds made available in this Act to carry out title VI of the 
HEA and section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in foreign 
countries by individuals who are participating in advanced foreign 
language training and international studies in areas that are vital to 
United States national security and who plan to apply their language 
skills and knowledge of these countries in the fields of government, 
the professions, or international development:  Provided further, That 
of the funds referred to in the preceding proviso up to 1 percent may 
be used for program evaluation, national outreach, and information 
dissemination activities:  Provided further, That up to 1.5 percent of 
the funds made available under chapter 2 of subpart 2 of part A of 
title IV of the HEA may be used for evaluation:  Provided further, That 
section 313(d) of the HEA shall not apply to an institution of higher 
education that is eligible to receive funding under section 318 of the 
HEA.

                           Howard University

    For partial support of Howard University, $254,018,000, 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, 
$435,000.

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $22,150,000, as authorized 
pursuant to part D of title III of the HEA, which shall remain 
available through September 30, 2022:  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $278,266,000:  
Provided further, That these funds may be used to support loans to 
public and private Historically Black Colleges and Universities without 
regard to the limitations within section 344(a) of the HEA.
    In addition, $16,000,000 shall be made available to provide for the 
deferment of loans made under part D of title III of the HEA to 
eligible institutions that are private Historically Black Colleges and 
Universities, which apply for the deferment of such a loan and 
demonstrate financial need for such deferment by having a score of 2.6 
or less on the Department of Education's financial responsibility test: 
 Provided, That the loan has not been paid in full and is not paid in 
full during the period of deferment:  Provided further, That during the 
period of deferment of such a loan, interest on the loan will not 
accrue or be capitalized, and the period of deferment shall be for at 
least a period of 3-fiscal years and not more than 6-fiscal years:  
Provided further, That funds available under this paragraph shall be 
used to fund eligible deferment requests submitted for this purpose in 
fiscal year 2018:  Provided further, That the Secretary shall create 
and execute an outreach plan to work with States and the Capital 
Financing Advisory Board to improve outreach to States and help 
additional public Historically Black Colleges and Universities 
participate in the program.
    In addition, $10,000,000 shall be made available to provide for the 
deferment of loans made under part D of title III of the HEA to 
eligible institutions that are public Historically Black Colleges and 
Universities, which apply for the deferment of such a loan and 
demonstrate financial need for such deferment, which shall be 
determined by the Secretary of Education based on factors including, 
but not limited to, equal to or greater than 5 percent of the school's 
operating revenue relative to its annual debt service payment:  
Provided, That during the period of deferment of such a loan, interest 
on the loan will not accrue or be capitalized, and the period of 
deferment shall be for at least a period of 3-fiscal years and not more 
than 6-fiscal years.
    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, $334,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, 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, $630,462,000, which shall remain available through 
September 30, 2022:  Provided, That funds available to carry out 
section 208 of the Educational Technical Assistance Act may be used to 
link Statewide elementary and secondary data systems with early 
childhood, postsecondary, and workforce data systems, or to further 
develop such systems:  Provided further, That up to $6,000,000 of the 
funds available to carry out section 208 of the Educational Technical 
Assistance Act may be used for awards to public or private 
organizations or agencies to support activities to improve data 
coordination, quality, and use at the local, State, and national 
levels.

                        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, $430,000,000:  Provided, That, 
notwithstanding any other provision of law, none of the funds provided 
by this Act or provided by previous Appropriations Acts to the 
Department of Education available for obligation or expenditure in the 
current fiscal year may be used for any activity relating to 
implementing a reorganization that decentralizes, reduces the staffing 
level, or alters the responsibilities, structure, authority, or 
functionality of the Budget Service of the Department of Education, 
relative to the organization and operation of the Budget Service as in 
effect on January 1, 2018.

                        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, $132,000,000.

                      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, $64,000,000, of which $2,000,000 shall remain available until 
expended.

                           General Provisions

    Sec. 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)

    Sec. 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, That the transfer authority granted by this 
section shall be available only to meet emergency needs and 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 Representatives and 
the Senate are notified at least 15 days in advance of any transfer.
    Sec. 303.  Funds appropriated in this Act and consolidated for 
evaluation purposes under section 8601(c) of the ESEA shall be 
available from July 1, 2021, through September 30, 2022.
    Sec. 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 2021 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.
    Sec. 305.  Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is 
amended by striking ``2020'' and inserting ``2021''.
    Sec. 306.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)(4)) is 
amended by striking ``2020'' and inserting ``2021''.
    Sec. 307.  Funds appropriated in this Act under the heading 
``Student Aid Administration'' shall also be available for payments for 
student loan servicing to an institution of higher education that 
services outstanding Federal Perkins Loans under part E of title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).

                              (rescission)

    Sec. 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)), $21,000,000 are hereby rescinded, to be 
derived from amounts made available by such section for fiscal year 
2021.
    Sec. 309.  Of the amounts made available under this title under the 
heading ``Student Aid Administration'', $2,300,000 shall be used by the 
Secretary of Education to conduct outreach to borrowers of loans made 
under part D of title IV of the Higher Education Act of 1965 who may 
intend to qualify for loan cancellation under section 455(m) of such 
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the 
terms and conditions of such loan cancellation:  Provided, That the 
Secretary shall specifically conduct outreach to assist borrowers who 
would qualify for loan cancellation under section 455(m) of such Act 
except that the borrower has made some, or all, of the 120 required 
payments under a repayment plan that is not described under section 
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying 
repayment plan:  Provided further, That the Secretary shall also 
communicate to all Direct Loan borrowers the full requirements of 
section 455(m) of such Act and improve the filing of employment 
certification by providing improved outreach and information such as 
outbound calls, electronic communications, ensuring prominent access to 
program requirements and benefits on each servicer's website, and 
creating an option for all borrowers to complete the entire payment 
certification process electronically and on a centralized website.
    Sec. 310.  None of the funds made available by this Act may be used 
in contravention of section 203 of the Department of Education 
Organization Act (20 U.S.C. 3413).
    Sec. 311.  For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $50,000,000, to remain 
available until expended, shall be for the cost, as defined under 
section 502 of the Congressional Budget Act of 1974, of the Secretary 
of Education providing loan cancellation in the same manner as under 
section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 
1087e(m)), for borrowers of loans made under part D of title IV of such 
Act who would qualify for loan cancellation under section 455(m) except 
some, or all, of the 120 required payments under section 455(m)(1)(A) 
do not qualify for purposes of the program because they were monthly 
payments made in accordance with graduated or extended repayment plans 
as described under subparagraph (B) or (C) of section 455(d)(1) or the 
corresponding repayment plan for a consolidation loan made under 
section 455(g), with exception for a borrower who would have otherwise 
been eligible under this section but demonstrates an unusual 
fluctuation of income over the past 5 years:  Provided, That the total 
loan volume, including outstanding principal, fees, capitalized 
interest, or accrued interest, at application that is eligible for such 
loan cancellation by such borrowers shall not exceed $75,000,000:  
Provided further, That the Secretary shall develop and make available a 
simple method for borrowers to apply for loan cancellation under this 
section within 60 days of enactment of this Act:  Provided further, 
That the Secretary shall provide loan cancellation under this section 
to eligible borrowers on a first-come, first-serve basis, based on the 
date of application and subject to both the limitation on total loan 
volume at application for such loan cancellation specified in the first 
proviso and the availability of appropriations under this section:  
Provided further, That no borrower may, for the same service, receive a 
reduction of loan obligations under both this section and section 428J, 
428K, 428L, or 460 of such Act:  Provided further, That the Secretary 
shall inform all borrowers who have submitted an Employment 
Certification Form and are in the incorrect repayment program about the 
Temporary Expanded Public Service Loan Forgiveness Program and 
requirements for qualification under the program.
    Sec. 312. (a) The General Education Provisions Act (20 U.S.C. 1221 
et seq.) is amended by striking section 426.
    (b) Paragraph (9) of section 4407(a) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7231f(a)) is amended by 
striking "notwithstanding section 426 of the General Education 
Provisions Act (20 U.S.C. 1228),".
    Sec. 313. (a) Section 487(d) of the Higher Education Act of 1965 
(20 U.S.C. 1094(d)) is amended--
            (1) in paragraph (1)(C), in the matter preceding clause 
        (i), by striking ``any funds for a program under this title'' 
        and inserting ``any Federal education assistance funds''; and
            (2) in paragraph (4)(A), by striking ``sources under this 
        title'' and inserting ``Federal education assistance funds''.
    (b) Section 102(b) of the HEA is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) meets the requirements of paragraph (3),''; 
                and
            (2) by adding at the end the following:
            ``(3) Revenue sources.-- In order to qualify as a 
        proprietary institution of higher education under this 
        subsection, an institution shall derive not less than 15 
        percent of the institution's revenues from sources other than 
        Federal education assistance funds, as calculated in accordance 
        with paragraph (4).''.
    (c) Paragraph (1) of section 487(d) of the HEA (as amended by 
subsection (a)) is--
            (1) transferred to section 102(b) of such Act;
            (2) inserted so as to appear after paragraph (3) of such 
        section 102(b) (as added by subsection (b);
            (3) redesignated as paragraph (4) of such section 102(b); 
        and
            (4) further amended by striking ``subsection (a)(24)'' and 
        inserting ``paragraph (3)''.
    (d) Paragraph (3) of section 487(d) of the HEA is--
            (1) transferred to section 102(b) of such Act;
            (2) inserted so as to appear after paragraph (4) of such 
        section 102(b) (as added by subsection (c));
            (3) redesignated as paragraph (5) of such section 102(b); 
        and
            (4) further amended by striking ``subsection (a)(24)'' and 
        inserting ``paragraph (3)''.
    (e) Paragraph (4) of section 487(d) of the HEA (as amended by 
subsection (a)) is--
            (1) transferred to section 102(b) of such Act;
            (2) inserted so as to appear after paragraph (5) of such 
        section 102(b) (as added by subsection (d));
            (3) redesignated as paragraph (6) of such section 102(b); 
        and
            (4) further amended by striking ``subsection (a)(24)'' and 
        inserting ``paragraph (3)''.
    (f) Section 103 of the HEA (20 U.S.C. 1003) is amended by adding at 
the end the following:
            ``(25) Federal education assistance funds.-- The term 
        `Federal education assistance funds'--
                    ``(A) except as provided in subparagraph (B), means 
                any Federal funds provided, under this Act or any other 
                Federal law, through a grant, contract, subsidy, loan, 
                or guarantee, or through insurance or other means 
                (including Federal funds disbursed or delivered to an 
                institution or on behalf of a student or to a student 
                to be used to attend the institution); and
                    ``(B) does not include any monthly housing stipend 
                provided under the Post-9/11 Educational Assistance 
                Program under chapter 33 of title 38, United States 
                Code.''.
    (g) Subsection (a)(24), the subsection designation and heading of 
subsection (d), and subsection (d)(2) of section 487 the Higher 
Education Act of 1965 (20 U.S.C. 1094) are repealed.
    Sec. 314. (a) None of the funds appropriated by this title may be 
used to--
            (1) implement, enforce, or otherwise give effect to the 
        final rule entitled, ``Nondiscrimination on the Basis of Sex in 
        Education Programs or Activities Receiving Federal Financial 
        Assistance'' as published in the Federal Register on May 19, 
        2020 (85 Fed. Reg. 30,026); or
            (2) propose or issue any rule or guidance that is in 
        substantially the same form or substantially the same as any of 
        such proposed amendments.
    (b) Nothing in this section shall prevent the Secretary of 
Education or the Office for Civil Rights of the Department of Education 
from enforcing the protection provided by title IX of the Education 
Amendments of 1972 against sexual harassment in accordance with the 
standards set out in the guidance, entitled ``Revised Sexual Harassment 
Guidance: Harassment of Students by School Employees, Other Students, 
or Third Parties'' as published in the Federal Register on January 19, 
2001 (66 Fed. Reg. 5,512).
    Sec. 315. (a) Notwithstanding section 401(b)(6) of the HEA, a 
Federal Pell Grant under section 401 of the HEA may be awarded to an 
incarcerated individual (or on behalf of such individual) for each 
academic year during which that individual is enrolled at an eligible 
institution that meets the criteria described in subsection (b).
    (b) The criteria described in this subsection are as follows:
    (1) The eligible institution--
            (A) is an institution of higher education (as defined in 
        section 101 of the HEA) or a postsecondary vocational 
        institution (as defined in section 102(c) of the HEA); and
            (B) during the preceding five years, has not been subject 
        to the denial, withdrawal, suspension, or termination of 
        accreditation.
    (2) Such institution provides each incarcerated individual, upon 
completion of a course offered by the institution, with academic 
credits that are the equivalent to credits earned by non-incarcerated 
students for an equivalent course of study.
    (3) Such institution provides to the Secretary confirmation from 
each facility involved that the course of study offered by the 
institution at such facility is accessible to incarcerated individuals 
(including such individuals who are individuals with disabilities).
    (4) Such institution does not (directly or indirectly) charge an 
incarcerated individual for an award year, an amount that exceeds the 
total grant aid received by the individual for such award year.
    (5) Such institution makes available to incarcerated individuals 
who are considering enrolling in a course of study offered by the 
institution, in simple and understandable terms, the following:
            (A) Information with respect to each course of study at the 
        institution for which such an individual may receive a Federal 
        Pell Grant, including--
                    (i) the cost of attendance (as defined in section 
                472 of the HEA);
                    (ii) the mode of instruction (such as distance 
                education, in-person instruction, or a combination of 
                such modes);
                    (iii) how enrollment in such course of study will 
                impact the period of eligibility for Federal Pell 
                Grants for such an individual, including in a case in 
                which the individual is transferred to another facility 
                or released before the completion of such course;
                    (iv) the transferability of credits earned, and the 
                acceptability of such credits toward a certificate or 
                degree program offered by the institution;
                    (v) the process for continuing postsecondary 
                education--
                            (I) upon transfer to another facility; or
                            (II) after the student's period of 
                        incarceration or confinement; and
                    (vi) the process for continuing enrollment at the 
                institution after the student's period of incarceration 
                or confinement, including any barriers to admission 
                (such as criminal history questions on applications for 
                admission to such institution).
            (B) In the case of an institution that offers a program to 
        prepare incarcerated individuals for gainful employment in a 
        recognized occupation (as such term is used in sections 
        101(b)(1), 102(c)(1)(A), and 481(b)(1)(A)(i) of the HEA)--
                    (i) information on any applicable State licensure 
                and certification requirements, including the 
                requirements of the State in which the facility 
                involved is located and each State in which such 
                individuals permanently reside; and
                    (ii) restrictions related to the employment of 
                formerly incarcerated individuals for each recognized 
                occupation for which the course of study prepares 
                students, including such restrictions--
                            (I) in Federal law; and
                            (II) in the laws of the State in which the 
                        facility involved is located and each State in 
                        which such individuals permanently reside.
    (c) In this section:
            (1) The term ``facility'' means--
                    (A) a place used for the confinement of individuals 
                convicted of a criminal offense that is owned by, or 
                under contract to, the Bureau of Prisons, a State, or a 
                unit of local government: or
                    (B) a facility to which an individual subject to 
                involuntary civil confinement is committed.
            (2) The term ``facility involved'' means, when used with 
        respect to an institution of higher education, a facility at 
        which a course of study of the institution is offered to 
        incarcerated individuals.
            (3) The term ``incarcerated individual'' means an 
        individual who is incarcerated in a facility or who is subject 
        to an involuntary civil commitment.
            (4) The term ``non-incarcerated student'' means a student 
        at an institution of higher education who is not an 
        incarcerated individual.
    (d) This section shall be in effect until titles I, II, III, IV and 
V of the HEA are reauthorized.
    Sec. 316.  None of the funds appropriated by this title for the 
Department of Education shall be withheld from an institution of higher 
education solely because that institution is conducting or preparing to 
conduct research on marihuana as defined in 21 U.S.C. 802(16).
    Sec. 317.  The Secretary shall require any information required to 
be publicly disclosed for the purpose of comparing institutions of 
higher education, programs and credentials (including their 
competencies), to be published using an open source description schema 
that is designed to allow for public search and comparison through 
linked open data, such as the credential transparency description 
language specifications or a substantially similar approach.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2021''.

                                TITLE 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'') established under section 8502 of title 41, United States 
Code, $10,000,000:  Provided, That in order to authorize any central 
nonprofit agency designated pursuant to section 8503(c) of title 41, 
United States Code, to perform requirements of the Committee as 
prescribed under section 51-3.2 of title 41, Code of Federal 
Regulations, the Committee shall enter into a written agreement with 
any such central nonprofit agency:  Provided further, That such 
agreement shall contain such auditing, oversight, and reporting 
provisions as necessary to implement chapter 85 of title 41, United 
States Code:  Provided further, That such agreement shall include the 
elements listed under the heading ``Committee For Purchase From People 
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the 
explanatory statement described in section 4 of Public Law 114-113 (in 
the matter preceding division A of that consolidated Act):  Provided 
further, That any such central nonprofit agency may not charge a fee 
under section 51-3.5 of title 41, Code of Federal Regulations, prior to 
executing a written agreement with the Committee:  Provided further, 
That no less than $1,650,000 shall be available for the Office of 
Inspector General.

             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'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title 
as ``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $848,529,000, 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management 
of the grants cycle; (2) $19,538,000 shall be available to provide 
assistance to State commissions on national and community service, 
under section 126(a) of the 1990 Act and notwithstanding section 
501(a)(5)(B) of the 1990 Act; (3) $34,500,000 shall be available to 
carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be 
available for expenses authorized under section 501(a)(4)(F) of the 
1990 Act, which, notwithstanding the provisions of section 198P shall 
be awarded by CNCS on a competitive basis:  Provided further, That for 
the purposes of carrying out the 1990 Act, satisfying the requirements 
in section 122(c)(1)(D) may include a determination of need by the 
local community.

                 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, $212,342,000, to remain 
available until expended:  Provided, That CNCS may transfer additional 
funds from the amount provided within ``Operating Expenses'' allocated 
to grants under subtitle C of title I of the 1990 Act to the National 
Service Trust upon determination that such transfer is necessary to 
support the activities of national service participants and after 
notice is transmitted to the Committees on Appropriations of the House 
of Representatives and the Senate:  Provided further, That amounts 
appropriated for or transferred to the National Service Trust may be 
invested under section 145(b) of the 1990 Act without regard to the 
requirement to apportion funds under 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, and not to exceed $2,500 for official reception and 
representation expenses, $86,737,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $6,750,000.

                       administrative provisions

    Sec. 401.  CNCS shall make any significant changes to program 
requirements, service delivery or policy only through public notice and 
comment rulemaking. For fiscal year 2021, 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.
    Sec. 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.
    Sec. 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.
    Sec. 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.
    Sec. 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'' under section 3 of 
        the National Child Protection Act of 1993 (``NCPA'');
            (2) individuals described in such section shall be 
        considered ``volunteers'' under section 3 of NCPA; and
            (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.
    Sec. 406.  Notwithstanding sections 139(b), 146 and 147 of the 1990 
Act, an individual who successfully completes a term of service of not 
less than 1,200 hours during a period of not more than one year may 
receive a national service education award having a value of 70 percent 
of the value of a national service education award determined under 
section 147(a) of the Act.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (``CPB''), 
as authorized by the Communications Act of 1934, an amount which shall 
be available within limitations specified by that Act, for the fiscal 
year 2023, $515,000,000:  Provided, That none of the funds made 
available to CPB by this Act shall be used to pay for receptions, 
parties, or similar forms of entertainment for Government officials or 
employees:  Provided further, That none of the funds made available to 
CPB by this Act shall be available or used to aid or support any 
program or activity from which any person is excluded, or is denied 
benefits, or is discriminated against, on the basis of race, color, 
national origin, religion, or sex:  Provided further, That none of the 
funds made available to CPB by this Act shall be used to apply any 
political test or qualification in selecting, appointing, promoting, or 
taking any other personnel action with respect to officers, agents, and 
employees of CPB.
    In addition, for the costs associated with replacing and upgrading 
the public broadcasting interconnection system and other technologies 
and services that create infrastructure and efficiencies within the 
public media system, $20,000,000.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$48,600,000, including up to $900,000 to remain available through 
September 30, 2022, for activities authorized by the Labor-Management 
Cooperation Act of 1978:  Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and other conflict resolution services and technical 
assistance, including those provided to foreign governments and 
international organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended:  Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce:  Provided further, That the 
Director of the Service is authorized to accept and use on behalf of 
the United States gifts of services and real, personal, or other 
property in the aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $17,184,000.

                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, 
$257,000,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $8,780,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $12,905,000, 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, $3,350,000.

                     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, $277,824,000 of which $1,000,000 shall be 
used to develop a system and procedures to conduct union representation 
elections electronically:  Provided, That the National Labor Relations 
Board shall use funds provided under this heading to expand the number 
of regional full-time equivalent staff above the amount on-board at the 
end of the fourth quarter of fiscal year 2019:  Provided further, That 
the system and procedures described in the previous proviso shall be 
available to conduct union representation elections electronically no 
later than 30 days after the date of enactment of this Act.

                       administrative provisions

    Sec. 407.  None of the funds made available by this Act may be used 
to implement , enforce, or take any action in furtherance of the final 
rule on ``The Standard for Determining Joint-Employer Status'' 
published by the National Labor Relations Board in the Federal Register 
on February 26, 2020 (85 Fed. Reg. 11184 et seq.).
    Sec. 408.  None of the funds made available by this Act may be used 
to implement, enforce, or take any actions in furtherance of, the final 
rule on ``Representation-Case Procedures'' published by the National 
Labor Relations Board in the Federal Register on December 18, 2019 (84 
Fed. Reg. 69524 et seq.).
    Sec. 409. (a) None of the funds made available by this Act may be 
used to restructure or realign the National Labor Relations Board until 
240 days after the National Labor Relations Board submits to the 
Committees on Appropriations of the House of Representatives and the 
Senate (in this section referred to as the ``Committees on 
Appropriations'') and to the Comptroller General of the United States, 
the proposed restructuring or realignment plan of the National Labor 
Relations Board.
    (b) Not later than 180 days after the National Labor Relations 
Board submits to the Committees on Appropriations the plan described in 
subsection (a), the Comptroller General shall submit to the Committees 
on Appropriations a report assessing such plan.

                        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, 
$14,300,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $13,225,000.

                       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, $13,000,000, 
which shall include amounts becoming available in fiscal year 2021 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits:  Provided, That the 
total amount provided herein shall be credited in 12 approximately 
equal amounts on the first day of each month in the fiscal year.

          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, 2022, 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'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $126,500,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund:  Provided, That notwithstanding section 
7(b)(9) of the Railroad Retirement Act this limitation may be used to 
hire attorneys only through the excepted service:  Provided further, 
That the previous proviso shall not change the status under Federal 
employment laws of any attorney hired by the Railroad Retirement Board 
prior to January 1, 2013:  Provided further, That notwithstanding 
section 7(b)(9) of the Railroad Retirement Act, this limitation may be 
used to hire students attending qualifying educational institutions or 
individuals who have recently completed qualifying educational programs 
using current excepted hiring authorities established by the Office of 
Personnel Management:  Provided further, That $10,000,000, to remain 
available until expended, shall be used to supplement, not supplant, 
existing resources devoted to operations and improvements for the 
Board's Information Technology Investment Initiatives.

             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 $11,000,000, 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, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$40,172,492,000, to remain available until expended:  Provided, That 
any portion of the funds provided to a State in the current fiscal year 
and not obligated by the State during that year shall be returned to 
the Treasury:  Provided further, That not more than $86,000,000 shall 
be available for research and demonstrations under sections 1110, 1115, 
and 1144 of the Social Security Act, and remain available through 
September 30, 2023.
    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 2022, $19,600,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $20,000 for official reception and 
representation expenses, not more than $12,834,945,000 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, 
That not less than $2,500,000 shall be for the Social Security Advisory 
Board:  Provided further, That $45,000,000 shall remain available until 
expended for information technology modernization, including related 
hardware and software infrastructure and equipment, and for 
administrative expenses directly associated with information technology 
modernization:  Provided further, That of the amount made available in 
the preceding proviso, $4,000,000 shall be transferred to the ``Office 
of Inspector General'', Social Security Administration, for information 
technology modernization, including related hardware and software 
infrastructure and equipment, and for administrative expenses directly 
associated with information technology modernization:  Provided 
further, That such transfer authority is in addition to any other 
transfer authority provided by law:  Provided further, That $50,000,000 
shall remain available through September 30, 2022, for activities to 
address the disability hearings backlog within the Office of Hearings 
Operations:  Provided further, That unobligated balances of funds 
provided under this paragraph at the end of fiscal year 2021 not needed 
for fiscal year 2021 shall remain available until expended to invest in 
the Social Security Administration information technology and 
telecommunications hardware and software infrastructure, including 
related equipment and non-payroll administrative expenses associated 
solely with this information technology and telecommunications 
infrastructure:  Provided further, That the Commissioner of Social 
Security shall notify the Committees on Appropriations of the House of 
Representatives and the Senate prior to making unobligated balances 
available under the authority in the previous proviso:  Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    Of the total amount made available in the first paragraph under 
this heading, not more than $1,575,000,000, to remain available through 
March 31, 2022, 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, 
That, of such amount, $273,000,000 is provided to meet the terms of 
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, and $1,302,000,000 is 
additional new budget authority specified for purposes of section 
251(b)(2)(B) of such Act:  Provided further, That, of the additional 
new budget authority described in the preceding proviso, up to 
$11,200,000 may be transferred to the ``Office of Inspector General'', 
Social Security Administration, for the cost of jointly operated co-
operative disability investigation units:  Provided further, That such 
transfer authority is in addition to any other transfer authority 
provided by law:  Provided further, That the Commissioner shall provide 
to the Congress (at the conclusion of the fiscal year) a report on the 
obligation and expenditure of these funds, similar to the reports that 
were required by section 103(d)(2) of Public Law 104-121 for fiscal 
years 1996 through 2002.
    In addition, $135,000,000 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, which shall remain available until expended:  Provided, That to 
the extent that the amounts collected pursuant to such sections in 
fiscal year 2021 exceed $135,000,000, the amounts shall be available in 
fiscal year 2022 only to the extent provided in advance in 
appropriations Acts.
    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, 
$30,000,000, together with not to exceed $75,500,000, 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.
    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'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available:  Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate at least 
15 days in advance of any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

    Sec. 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.
    Sec. 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.
    Sec. 503. (a) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 shall be 
used, other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, for the 
preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, electronic communication, radio, television, or video 
presentation designed to support or defeat the enactment of legislation 
before the Congress or any State or local legislature or legislative 
body, except in presentation to the Congress or any State or local 
legislature itself, or designed to support or defeat any proposed or 
pending regulation, administrative action, or order issued by the 
executive branch of any State or local government, except in 
presentation to the executive branch of any State or local government 
itself.
    (b) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence the enactment of legislation, appropriations, regulation, 
administrative action, or Executive order proposed or pending before 
the Congress or any State government, State legislature or local 
legislature or legislative body, other than for normal and recognized 
executive-legislative relationships or participation by an agency or 
officer of a State, local or tribal government in policymaking and 
administrative processes within the executive branch of that 
government.
    (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.
    Sec. 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''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and Expenses''.
    Sec. 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.
    Sec. 506. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 508. (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'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 509. (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.
    Sec. 510.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 511.  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) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (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.
    Sec. 512.  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.
    Sec. 513.  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.
    Sec. 514. (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 2021, 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; or
            (4) 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 2021, 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.
    (c) 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 the current year 
fiscal year, 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 that--
            (1) relocates an office or employees;
            (2) reorganizes or renames offices; or
            (3) reorganizes programs or activities;
unless the relocation, renaming, or reorganization was included in the 
President's fiscal year 2021 budget proposal, including the 
accompanying justification documents submitted to the Committees on 
Appropriations of the House of Representatives and the Senate, and such 
committees are consulted at least 15 days in advance of such 
relocation, renaming, or reorganization.
    Sec. 515. (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.
    Sec. 516.  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 2021 that are different than those 
specified in this Act, the detailed table in the committee report 
accompanying this Act, or the fiscal year 2021 budget request.
    Sec. 517.  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 2021, 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.
    Sec. 518.  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.
    Sec. 519.  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.
    Sec. 520. (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.
    Sec. 521.  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.
    Sec. 522.  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 
U.S. 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.
    Sec. 523. (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, except that in carrying 
out such Pilots section 526 shall be applied by substituting ``Fiscal 
Year 2021'' for ``Fiscal Year 2014'' in the title of subsection (b) and 
by substituting ``September 30, 2025'' for ``September 30, 2018'' each 
place it appears:  Provided, That such pilots shall include communities 
that have experienced civil unrest.
    (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, section 524 
of division G of Public Law 113-235, section 525 of division H of 
Public Law 114-113, section 525 of division H of Public Law 115-31, 
section 525 of division H of Public Law 115-141, and section 524 of 
division A of Public Law 116-94.
    (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.
    Sec. 524.  Not later than 30 days after the end of each calendar 
quarter, beginning with the first month of fiscal year 2021, 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, That for balances 
that are unobligated and uncommitted, committed, and obligated but 
unexpended, the monthly reports shall separately identify the amounts 
attributable to each source year of appropriation (beginning with 
fiscal year 2012, or, to the extent feasible, earlier fiscal years) 
from which balances were derived.
    Sec. 525.  The Departments of Labor, Health and Human Services, or 
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).
    Sec. 526.  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.
    Sec. 527.  None of the funds appropriated in this Act may be used 
to finalize or implement the proposed regulation titled ``Rules 
Regarding the Frequency and Notice of Continuing Disability Reviews'' 
published by the Social Security Administration on November 18, 2019 
(84 Fed. Reg. 63588 et seq.).
    Sec. 528.  None of the funds appropriated in this Act may be used 
to finalize or implement the notice of proposed rulemaking titled 
``Hearings Held by Administrative Appeals Judges of the Appeals 
Council'' published by the Social Security Administration on December 
20, 2019 (84 Fed. Reg. 70080 et seq.).

                              (rescission)

    Sec. 529.  Of the unobligated balances made available by section 
301(b)(3) of Public Law 114-10, $5,185,000,000 are hereby permanently 
rescinded.
    Sec. 530.  Of the unobligated balances made available for purposes 
of carrying out section 2105(a)(3) of the Social Security Act, 
$6,566,000,000 shall not be available for obligation in this fiscal 
year.
    Sec. 531. (a) Any funds made available by this Act that are used to 
fund an apprenticeship or apprenticeship program shall only be used 
for, or provided to, an apprenticeship or apprenticeship program that 
meets the definition in subsection (b), including any funds awarded for 
the purposes of grants, contracts, or cooperative agreements, or the 
development, implementation, or administration, of an apprenticeship or 
an apprenticeship program.
    (b) The term ``apprenticeship'' or ``apprenticeship program'' means 
an apprenticeship program registered under the Act of August 16, 1937 
(commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.), including any requirement, 
standard, or rule promulgated under such Act, as such requirement, 
standard, or rule was in effect on December 30, 2019.

                                TITLE VI

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

    For an additional amount for ``CDC-Wide Activities and Program 
Support'', $9,000,000,000, to remain available until September 30, 
2025, for public health and emergency preparedness and response, 
domestically or internationally:  Provided, That of the amount made 
available under this heading, $2,000,000,000 shall be for public health 
emergency preparedness cooperative agreements under section 319C-1 of 
the PHS Act:  Provided further, That of the amount made available under 
this heading, $1,000,000,000 shall be for epidemiology and laboratory 
capacity cooperative agreements under section 2821 of the PHS:  
Provided further, That funds made available in the preceding proviso 
may be used for construction, alteration, or renovation of non-
federally owned facilities, or the purchase of equipment:  Provided 
further, That all construction, alteration, or renovation work, carried 
out in whole or in part with funds appropriated under this heading in 
this Act, shall be subject to the requirements of section 1621(b)(1)(I) 
of the PHS Act (42 U.S.C. 300s-1(b)(1)(I)):  Provided further, That of 
the amount made available under this heading for specified programs, 
not less than $150,000,000 shall be allocated to Tribes, Tribal 
organizations, urban Indian health organizations, or health service 
providers to Tribes:  Provided further, That of the amount made 
available under this heading, $1,000,000,000 shall be for global 
disease detection and emergency response:  Provided further, That of 
the amount made available under this heading, $4,000,000,000 shall be 
for a vaccination campaign, including preparedness, operations, and 
distribution, and a comprehensive campaign to achieve coverage goals, 
and for an enhanced influenza vaccination campaign, including purchase 
of vaccine as necessary to increase coverage:  Provided further, That 
the Director of the Centers for Disease Control and Prevention shall 
provide a briefing to the Committees on Appropriations of the House of 
Representatives and the Senate at least one week prior to obligating 
funds made available in the preceding proviso on the CDC's plans for 
vaccination campaigns in fiscal year 2021:  Provided further, That of 
the amount made available under this heading, $400,000,000 shall be for 
public health data surveillance and analytics infrastructure 
modernization:  Provided further, That of the amount made available 
under this heading, $200,000,000 shall be for activities to support 
public health workforce development, including the Epidemic 
Intelligence Service fellowship program:  Provided further, That of the 
amount made available under this heading, $400,000,000 shall be 
transferred to and merged with amounts in the Infectious Diseases Rapid 
Response Reserve Fund, established by section 231 of Division B of 
Public Law 115-245:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     National Institutes of Health

                         office of the director

                     (including transfer of funds)

    For an additional amount for ``Office of the Director'', 
$5,000,000,000, to remain available until September 30, 2025:  
Provided, That funds made available under this heading may be used to 
offset the costs related to reductions in laboratory productivity 
resulting from interruptions or shutdowns of research activity in 
fiscal year 2020:  Provided further, That funds made available under 
this heading may be transferred to the accounts of the Institutes and 
Centers of the National Institutes of Health (``NIH''):  Provided 
further, That the transfer authority in the preceding proviso is in 
addition to any other transfer authority available to the NIH:  
Provided further, That of the amount made available under this heading, 
the Director of NIH shall transfer not less than $2,500,000,000 to the 
accounts of the Institutes and Centers of the NIH in proportion to the 
amounts otherwise made available to such Institutes and Centers under 
the heading ``National Institutes of Health'' in division A of the 
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):  
Provided further, That of the amount made available under this heading, 
the Director of NIH shall transfer to ``Buildings and Facilities'' an 
amount equal to the amount made available for buildings and facilities 
at the NIH in section 237 of division A of such Act:  Provided further, 
That the Director of the NIH shall provide a briefing to the Committees 
on Appropriations of the House of Representatives and the Senate at 
least one week prior to obligating funds made available under this 
heading on the NIH's plans for obligating emergency funds:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985. 

                        Office of the Secretary

            public health and social services emergency fund

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $4,500,000,000, to remain available until September 
30, 2025, for the development of necessary countermeasures and 
vaccines, prioritizing platform-based technologies with U.S.-based 
manufacturing capabilities, the purchase of vaccines, therapeutics, 
diagnostics, and necessary medical supplies, as well as initial advance 
manufacturing and novel dispensing:  Provided, That funds made 
available under this heading may be used to develop and demonstrate 
innovations and enhancements to manufacturing platforms to support such 
capabilities:  Provided further, That products purchased with funds 
appropriated under this heading may, at the discretion of the Secretary 
of Health and Human Services, be deposited in the Strategic National 
Stockpile under section 319F-2 of the PHS Act:  Provided further, That 
funds made available under this heading may be transferred to, and 
merged with, the fund authorized by section 319F-4, the Covered 
Countermeasure Process Fund, of the PHS Act:  Provided further, That of 
the amount made available under this heading, $3,500,000,000 shall be 
available to the Biomedical Advanced Research and Development Authority 
for necessary expenses of advanced research, development, 
manufacturing, production, and purchase of vaccines and therapeutics:  
Provided further, That the Director of the Biomedical Advanced Research 
and Development Authority shall provide a briefing to the Committees on 
Appropriations of the House of Representatives and the Senate at least 
one week prior to obligating funds made available in the preceding 
proviso on the Department's plans to produce a sufficient supply of 
vaccine for the U.S. population:  Provided further, That of the amount 
made available under this heading, $500,000,000 shall be available to 
the Biomedical Advanced Research and Development Authority for the 
construction, renovation, or equipping of U.S.-based next generation 
manufacturing facilities, other than facilities owned by the United 
States Government:  Provided further, That of the amount made available 
under this heading, $500,000,000 shall be available to the Biomedical 
Advanced Research and Development Authority to promote innovation in 
antibacterial research and development:  Provided further, That funds 
made available under this heading may be used for grants for the rent, 
lease, purchase, acquisition, construction, alteration, or renovation 
of non-federally owned facilities to improve preparedness and response 
capability at the State and local levels:  Provided further, That funds 
made available under this heading may be used for the construction, 
alteration, renovation or equipping of non-federally owned facilities 
for the production of vaccines, therapeutics, diagnostics, and 
medicines and other items purchased under section 319F-2(a) of the PHS 
Act where the Secretary determines that such use is necessary to assure 
sufficient domestic production of such supplies:  Provided further, 
That all construction, alteration, or renovation work, carried out in 
whole or in part with funds made available under this heading, shall be 
subject to the requirements of section 1621(b)(1)(I) of the PHS Act (42 
U.S.C. 300s-1(b)(1)(I)):  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                      public health emergency fund

    For an additional amount for ``Public Health Emergency Fund'', 
$5,000,000,000, to remain available until expended, to be deposited 
into the Public Health Emergency Fund, as established under section 
319(b) of the Public Health Service Act:  Provided, That products 
purchased with funds appropriated under this heading may, at the 
discretion of the Secretary of Health and Human Services, be deposited 
in the Strategic National Stockpile under section 319F-2 of the Public 
Health Service Act:  Provided further, That the Secretary of Health and 
Human Services (or the Assistant Secretary for Preparedness and 
Response on behalf of the Secretary) shall provide a briefing to the 
Committees on Appropriations of the House of Representatives and the 
Senate at least one week prior to obligating funds made available under 
this heading on the Department's plans for obligating emergency funds:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           General Provisions

    Sec. 601.  The amounts provided by the first proviso following 
paragraph (6) under the heading ``Department of Labor--Employment and 
Training Administration--State Unemployment Insurance and Employment 
Service Operations'' in title I of this Act are designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.
    Sec. 602.  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 to the 
Department of Health and Human Services in this title, including 
estimated personnel and administrative costs, to the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided, That such plans shall be updated and submitted to such 
Committees every 60 days until September 30, 2025:  Provided further, 
That the spend plans shall be accompanied by a listing of each contract 
obligation incurred that exceeds $5,000,000 which has not previously 
been reported, including the amount of each such obligation.
    Sec. 603.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 604.  Any amount appropriated by this Act, designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2021''.
                                                 Union Calendar No. 362

116th CONGRESS

  2d Session

                               H. R. 7614

                          [Report No. 116-450]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2021, and for other purposes.

_______________________________________________________________________

                             July 15, 2020

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed