[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4659 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4659
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2023, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2023, 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, 2023, 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, $4,083,437,000, 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, $2,959,332,000 as follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available
for the period July 1, 2023 through June 30, 2024, and
of which $712,000,000 shall be available for the period
October 1, 2023 through June 30, 2024;
(B) $958,130,000 for youth activities, which shall
be available for the period April 1, 2023 through June
30, 2024; and
(C) $1,115,553,000 for dislocated worker employment
and training activities, of which $255,553,000 shall be
available for the period July 1, 2023 through June 30,
2024, and of which $860,000,000 shall be available for
the period October 1, 2023 through June 30, 2024:
Provided, 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 WIOA, outlying areas may 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 such application shall be submitted to
the Secretary of Labor (referred to in this title as
``Secretary''), at such time, in such manner and containing
such information as the Secretary may require: Provided
further, That outlying areas awarded a consolidated grant
described in the preceding provisos may use the funds for any
of the programs and activities authorized under such subtitle B
of title I of the WIOA subject to approval of the application
and such reporting requirements issued by the Secretary; and
(2) for national programs, $1,124,105,000 as follows:
(A) $330,859,000 for the dislocated workers
assistance national reserve, of which $130,859,000
shall be available for the period July 1, 2023 through
September 30, 2024, and of which $200,000,000 shall be
available for the period October 1, 2023 through
September 30, 2024: Provided, 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
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, $120,000,000 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 as follows:
(i) $50,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1), workers in the Lower Mississippi,
as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2)), and workers in the
region served by the Northern Border Regional
Commission, as defined by 40 U.S.C. 15733;
(ii) $50,000,000 shall be for the purpose
of developing, offering, or improving
educational or career training programs at
community colleges, defined as public
institutions of higher education, as described
in section 101(a) of the Higher Education Act
of 1965 and at which the associate's degree is
primarily the highest degree awarded, with
other eligible institutions of higher
education, as defined in section 101(a) of the
Higher Education Act of 1965, eligible to
participate through consortia, with community
colleges as the lead grantee: Provided, 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;
(iii) $10,000,000 shall be for grants for
developing and implementing innovative
strategies to significantly expand, stabilize,
and retain direct support workers who provide
home and community-based services to people
with disabilities and older adults; and
(iv) $10,000,000 shall be for training and
employment assistance for workers in
communities that have experienced job losses
due to dislocations in the coal industry;
(B) $60,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2023 through June 30, 2024;
(C) $96,711,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$89,315,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,556,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $840,000 for other
discretionary purposes, which shall be available for
the period April 1, 2023 through June 30, 2024:
Provided, 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)(A) of the WIOA relating to an
individual being ``low-income'', an individual is
eligible for migrant and seasonal farmworker programs
under section 167 of the WIOA under that definition if,
in addition to meeting the requirements of clauses (i)
and (ii) of section 167(i)(3)(A), 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) $113,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2023 through June 30,
2024;
(E) $125,000,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall
be available for the period April 1, 2023 through June
30, 2024: Provided, 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 legal histories,
young adults who have been justice system-involved, or
young adults 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,
2023 through June 30, 2024;
(G) $300,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA, to be available to the Secretary
to carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, including equity
intermediaries and business and labor industry partner
intermediaries, which shall be available for the period
July 1, 2023 through June 30, 2024; and
(H) $92,535,000 for carrying out Demonstration and
Pilot projects under section 169(c) of the WIOA, which
shall be available for the period April 1, 2023 through
June 30, 2024, in addition to funds available for such
activities under subparagraph (A) for the projects, and
in the amounts, specified in the table titled
``Congressionally Directed Spending Items'' included in
the explanatory statement accompanying this Act:
Provided, That such funds may be used for projects that
are related to the employment and training needs of
dislocated workers, other adults, or youth: Provided
further, That the 10 percent funding limitation under
such section shall not apply to such funds: Provided
further, That section 169(b)(6)(C) of the WIOA shall
not apply to such funds: Provided further, That
sections 102 and 107 of this Act shall not apply to
such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,773,655,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2023 through June 30, 2024:
Provided, That the Secretary may transfer up to 3 percent of
such funds for construction, rehabilitation, and acquisition of
Job Corps Centers pursuant to paragraph (2): Provided further,
That any funds transferred pursuant to the preceding proviso
shall not be available for obligation after June 30, 2026:
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;
(2) $135,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2023 through June 30, 2026, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, 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 pursuant to
paragraph (1): Provided further, That any funds transferred
pursuant to the preceding proviso shall not be available for
obligation after June 30, 2023: 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) $35,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2022 through September 30, 2023:
Provided, 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''), $405,000,000, which shall be available for
the period April 1, 2023 through June 30, 2024, 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 2023 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, and sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, $494,400,000 together with such amounts as may
be necessary to be charged to the subsequent appropriation for payments
for any period subsequent to September 15, 2023: Provided, 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)): Provided further, That
the termination provisions in sections 246(b) and 285(a) of the Trade
Act of 1974, as amended, including the application of those provisions
described in paragraphs (4) and (7) of section 406(a) of the Trade
Preferences Extension Act of 2015, shall not apply.
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $89,066,000, together with
not to exceed $3,998,084,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $3,184,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $375,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, 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 a concurrent
resolution on the budget, and $258,000,000 is additional new
budget authority specified for purposes of a concurrent
resolution on the budget; 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, sections 405(a) and 406 of
the Trade Preferences Extension Act of 2015 (except that the
termination provisions in sections 246(b) and 285(a) of the
Trade Act of 1974, as amended, including the application of
those provisions described in paragraphs (4) and (7) of section
406 of the Trade Preferences Extension Act of 2015, shall not
apply), and shall be available for obligation by the States
through December 31, 2023, except that funds used for
automation shall be available for Federal obligation through
December 31, 2023, and for State obligation through September
30, 2025, or, if the automation is being carried out through
consortia of States, for State obligation through September 30,
2029, and for expenditure through September 30, 2030, 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, 2023 (except that funds for
outcome payments pursuant to section 306(f)(2) of the Social
Security Act shall be available for Federal obligation through
March 31, 2024), and for obligation by the States through
September 30, 2025, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2024, and funds
used for unemployment insurance workloads experienced through
September 30, 2023 shall be available for Federal obligation
through December 31, 2023;
(2) $36,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $663,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2023 through June 30, 2024;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 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) $88,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $64,528,000 shall be available for the
Federal administration of such activities, and $24,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $67,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2023
through June 30, 2024, of which up to $9,800,000 may be used to
carry out research and demonstration projects related to
testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available for research and
demonstration projects under this paragraph to the ``Office of
Disability Employment Policy'' account for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2023 is projected by the
Department of Labor to exceed 1,778,000, 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, 2024, 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, 2024.
program administration
For expenses of administering employment and training programs,
$133,287,000, together with not to exceed $60,128,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $217,761,000, of which up to $3,000,000 shall be made
available through September 30, 2024, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') 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, 2023, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2023 shall be
available for obligations for administrative expenses in excess of
$493,314,000: 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 2023, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2027, 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, 2027 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, 2027 to
the extent the Corporation's expenses 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, $288,120,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $120,500,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $127,395,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81;
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,
$250,000,000, 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, 2022, 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, 2023: 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, $81,752,000 shall be made available to the Secretary
as follows:
(1) for enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,727,000;
(2) for automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,125,000;
(3) for periodic roll disability management and medical
review, $26,126,000;
(4) for program integrity, $1,774,000; and
(5) the remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, 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, $36,031,000, 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 2024, $10,250,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $64,564,000, to remain
available until expended: Provided, 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 2023 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $42,194,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$38,407,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $353,000 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, $679,809,000, including not to exceed $121,000,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
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, 2023, 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 none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $12,787,000 shall be available for Susan Harwood training
grants, of which not more than $6,500,000 is for Susan Harwood Training
Capacity Building Developmental grants, for program activities starting
not later than September 30, 2023 and lasting for a period of 12
months: Provided further, That not less 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, $409,551,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, 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, $655,454,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $42,928,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available under this heading for
research and demonstration projects to the ``State Unemployment
Insurance and Employment Service Operations'' account for such
purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $429,672,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$83,000,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2023: 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 less than $30,175,000 shall
be for programs to combat exploitative child labor internationally and
not less than $30,175,000 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 the Secretary may
waive the application of section 505 of this Act to awards made from
funds available to the Bureau of International Labor Affairs if the
Secretary determines that the waiver is necessary to protect human
health, safety or welfare: Provided further, That $9,564,000 shall be
used for program evaluation and shall be available for obligation
through September 30, 2024: 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
$2,500,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $267,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
(1) $183,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) 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
expenditure by the States through September 30, 2025, 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) $33,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $48,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, 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, $64,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2023, 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, $33,380,000, which shall be available
through September 30, 2024.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$96,757,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That not more than $2,000,000 of
the amount provided under this heading may be available until expended.
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 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 that lead to a reduction in improper payments or prevent the
unauthorized use of funds in 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
that lead to a reduction in improper payments or prevent the
unauthorized use of funds in the Job Corps program: Provided further,
That funds transferred under this subsection shall be available to the
Secretary to carry out program integrity activities directly or through
grants, cooperative agreements, contracts and other arrangements with
States and other appropriate entities: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2024.
(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, 2024: 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. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses
arising from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one or
more companies, directly or indirectly, controls, is controlled
by, or is under common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for which
the employer is seeking the services of the nonimmigrants
without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers
on 2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time and
place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the United
States during the 120-day period specified in paragraph (1) to
be staggering the date of need in violation of section
655.20(d) of title 20, Code of Federal Regulations, or any
other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 113. (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
in the performance of official duties at a public event outside
of the United States if there is a significant and articulable
threat of physical harm and protective services are not
provided as part of an official U.S. visit.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property, including but not limited to
subchapter III of chapter 5 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.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$60,000,000 are hereby permanently rescinded.
Sec. 117. Funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, to
provide technical assistance services to grantees may also be used by
the Employment and Training Administration to assist in the
establishment and operation of workforce development technical
assistance centers, through grants, contracts, or cooperative
agreements, to provide technical assistance relating to any of the
activities administered by the Employment and Training Administration.
This title may be cited as the``Department of Labor Appropriations
Act, 2023''.
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,
$1,918,772,000: 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,
$1,515,876,000: Provided, That section 751(j)(2) 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 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
$135,600,000 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, $15,600,000 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,
$6,000,000 shall be available to make grants to establish, expand, or
maintain 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: Provided further, That of the funds made available
under this heading, $15,000,000 shall remain available until expended
for activities under section 775 of the PHS Act: Provided further,
That the United States may recover liquidated damages in an amount
determined by the formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service obligated by a
contract under section 775(b) of the PHS Act: Provided further, That
for purposes of section 775(c)(1) of the PHS Act, the Secretary may
include other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate
a contract entered into under section 775 of the PHS Act in the same
manner articulated in section 206 of this title for fiscal year 2023
contracts entered into under section 338B of the PHS Act.
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 2026, 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 2026, 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, $1,251,284,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $342,116,000
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, $2,630,306,000, of which $2,014,698,000 shall
remain available to the Secretary through September 30, 2025, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$260,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $139,093,000, of which $122,000 shall be available until expended
for facilities-related expenses of the National Hansen's Disease
Program.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$392,137,000, of which $62,277,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $20,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology, up to $5,000,000 shall be available to establish by grant
to public or non-profit private entities the Rural Emergency Hospital
Technical Assistance Program, 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
$12,500,000 shall remain available through September 30, 2025, to
support the Rural Residency Development Program: Provided further,
That $145,000,000 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, $512,000,000:
Provided, 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 all entities funded under this heading shall provide clinical
services consistent with nationally recognized clinical standards:
Provided further, That projects funded under section 1001 of the PHS
Act shall provide the full range of contraceptive products approved by
the Food and Drug Administration: Provided further, That all patients
served under title X of the PHS Act with a positive pregnancy test
shall be given the opportunity to be provided information and
counseling regarding: (1) prenatal care and delivery; (2) infant care,
foster care, and adoption; and (3) pregnancy termination: Provided
further, That if such a patient requests information specified in the
preceding proviso, such patient shall be provided with neutral, factual
information consistent with nationally recognized clinical standards
and nondirective counseling on each such option, including upon request
of a patient a referral to medical providers for the purposes of
terminating a pregnancy: Provided further, That no information shall
be provided under the preceding proviso, 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, $1,029,152,000: 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'': Provided
further, That of the amount made available under this heading,
$860,181,0000 shall be used for the projects financing the construction
and renovation (including equipment) of health care and other
facilities, and for the projects financing one-time grants that support
health-related activities, including training and information
technology, and in the amounts specified in the table titled
``Congressionally Directed Spending Items'' in the explanatory
statement accompanying this Act: Provided further, That none of the
funds made available for projects described in the two preceding
provisos shall be subject to section 241 of the PHS Act or section 205
of this Act.
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
$20,200,000 shall be available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000, to
remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $698,780,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,461,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $741,772,000: Provided,
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,
$1,340,464,000: 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,
$16,500,000 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, $231,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $797,997,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $376,850,000: Provided, That of the
amounts appropriated under this heading up to $3,000,000 may remain
available until expended for carrying out the Vessel Sanitation
Program, in addition to user fee collections available 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 use of funds pursuant to the preceding proviso.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $1,025,279,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$367,300,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, 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, $760,843,000, of which: (1) $128,921,000
shall remain available through September 30, 2024 for international
HIV/AIDS; and (2) $353,200,000 shall remain available through September
30, 2025 for global public health protection: Provided, 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, $888,200,000: 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 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, 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, and an update of such report every 180 days
until staff are no longer on detail without reimbursement to the CDC
Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $35,000,000,
which shall remain available until September 30, 2027: Provided, 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, $817,070,000, of which: (1)
$600,000,000 shall remain available through September 30, 2024, for
public health infrastructure and capacity; and (2) $50,000,000 shall
remain available through September 30, 2024 for forecasting epidemics
and outbreak analytics: Provided, 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, $35,000,000, 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 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: 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, 2024.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,987,064,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,946,557,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $526,769,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,290,798,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,540,918,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,449,804,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,218,237,000, of which
$1,429,313,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $423,177,000 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, $1,745,682,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $890,700,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $918,276,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,343,005,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$686,025,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $530,847,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $196,468,000.
national institute on alcohol effects and alcohol-associated disorders
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol misuse, alcohol use disorder, and other alcohol-
associated disorders, $591,434,000.
national institute on drugs and addiction
For carrying out section 301 and title IV of the PHS Act with
respect to drugs and addiction, $1,684,230,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,107,672,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $658,873,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$437,752,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $174,305,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$534,287,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $89,574,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $494,302,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2024: Provided
further, That in fiscal year 2023, 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, $907,756,000: Provided, That up to
$90,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $625,452,000 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, $2,560,065,000: 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 $707,401,000 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 $70,000,000 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 2023 and 2024 no later than
30 days after the date of enactment of this Act: Provided further,
That amounts made 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: Provided further, That
the funds made available under this heading for the Office of Research
on Women's Health shall also be available for making grants to serve
and promote the interests of women in research, and the Director of
such Office may, in making such grants, use the authorities available
to NIH Institutes and Centers.
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 the Internal Revenue Code
of 1986 (26 U.S.C. 9008), 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.
advanced research projects agency for health
For carrying out section 301 and title IV of the PHS Act with
respect to advanced research projects for health, $1,000,000,000, to
remain available through September 30, 2025: Provided, That the
President shall appoint in the Department of Health and Human Services
a director of advanced research projects for health (Director):
Provided further, That funds may be used to make or rescind
appointments of scientific, medical, and professional personnel without
regard to any provision in title 5 governing appointments under the
civil service laws: Provided further, That funds may be used to fix
the compensation of such personnel at a rate to be determined by the
Director, up to the amount of annual compensation (excluding expenses)
specified in section 102 of title 3, United States Code: Provided
further, That the Director may use funds made available under this
heading to make awards in the form of grants, contracts, cooperative
agreements, and cash prizes, and enter into other transactions (as
defined in section 319L(a)(3) of the PHS Act): Provided further, That
activities supported with funds provided under this heading shall not
be subject to the requirements of section 406(a)(3)(A)(ii) or 492 of
the PHS 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, $350,000,000, to remain
available through September 30, 2027.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $1,085,000,000, to remain available until
expended: Provided, 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 Use and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$3,590,090,000: Provided, That of the funds made available under this
heading, $111,887,000 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
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, at least 10
percent 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 2023: Provided further, That $385,000,000
shall be available until September 30, 2025 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,
$21,420,000 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):
Provided further, That notwithstanding sections 1911(b) and 1912 of the
PHS Act, amounts made available under this heading for subpart I of
part B of title XIX of such Act shall also be available to support
evidence-based programs that address early intervention and prevention
of mental disorders among at-risk children and adults: 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 early intervention and prevention
of mental disorders among at-risk children and adults: Provided
further, That notwithstanding section 1912 of the PHS Act, the plan
described in such section and section 1911(b) of the PHS Act shall also
include the evidence-based programs described in the preceding proviso,
pursuant to plan criteria established by the Secretary.
substance use services
For carrying out titles III and V of the PHS Act with respect to
substance use treatment and title XIX of such Act with respect to
substance use treatment and prevention, and the SUPPORT for Patients
and Communities Act, $4,963,889,000: Provided, That $2,025,000,000
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 use 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 $75,000,000 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 in allocating the
amount made available in the preceding proviso, the Secretary shall
ensure that the formula avoids a significant cliff between States with
similar mortality rates related to opioid use disorders to prevent
unusually large funding changes in States when compared to prior year
allocations: 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 four 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 21 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
$5,000,000: 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 use
treatment programs: Provided further, That for purposes of calculating
the HIV set-aside under subpart II of part B of title XIX, the rate of
cases of HIV shall be used instead of the rate of cases of AIDS:
Provided further, That each State that receives funds appropriated
under this heading for carrying out subpart II of part B of title XIX
of the PHS Act shall expend not less than 10 percent of such funds for
recovery support services: 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 use prevention services
For carrying out titles III and V of the PHS Act with respect to
substance use prevention, $248,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance Use
Services'', and ``Substance Use Prevention Services'' 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 Use And Mental
Health Services Administration, $200,636,000: Provided, That of the
amount made available under this heading, $59,941,000 shall be used for
the projects, and in the amounts, specified in the table titled
``Congressionally Directed Spending Items'' in the explanatory
statement accompanying this Act: Provided further, That none of the
funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this
Act: Provided further, 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 use
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, 2024:
Provided further, That funds made available under this heading (other
than amounts specified in the first proviso under this heading) may be
used to supplement program support funding provided under the headings
``Mental Health'', ``Substance Use Services'', and ``Substance Use
Prevention Services''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$385,400,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2023: 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, 2024.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $367,357,090,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2023, for
the last quarter of fiscal year 2023 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2024, $197,580,474,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$548,130,000,000.
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 $4,186,399,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, 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 2023 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, $473,989,000
shall remain available until September 30, 2024, 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).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $893,000,000, to remain available through
September 30, 2024, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $668,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $112,145,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $112,207,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2023 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, $317,000,000
is provided to meet the terms of a concurrent resolution, and
$576,000,000 is additional new budget authority specified for purposes
of a concurrent resolution on the budget for additional health care
fraud and abuse control activities: Provided further, That the
Secretary shall provide not less than $30,000,000 from amounts made
available under this heading and amounts made available for fiscal year
2023 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, $2,883,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2024, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low-income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $4,000,000,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $7,300,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies and
procedures, and to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, 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 all but
$884,848,000 of the amount appropriated under this heading shall be
allocated as though the total appropriation for such payments for
fiscal year 2023 was less than $1,975,000,000: Provided further, That,
after applying all applicable provisions of section 2604 of such Act
and the previous proviso, each State or territory that would otherwise
receive an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2022 from amounts
appropriated in Public Law 117-103 shall have its allocation increased
to that 97 percent level, with the portions of other States' and
territories' allocations that would exceed 100 percent of the amounts
they respectively received in such fashion for fiscal year 2022 being
ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$9,370,013,000, of which $9,316,258,000 shall remain available through
September 30, 2025 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 the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent'': 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: Provided further, That the Director of
the Office of Refugee Resettlement, in carrying out section
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1522(c)(1)(A)), may allocate amounts made available under this heading
for such section among the States in a manner that accounts for the
most current data available.
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''), $7,165,330,000 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,
$214,960,000 shall be for Indian Tribes and Tribal organizations:
Provided further, That of the amounts made available under this
heading, the Secretary may reserve up to 0.5 percent for Federal
administrative expenses.
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, and section 2204 of the American Rescue Plan Act of 2021,
$14,765,967,000, of which $75,000,000, to remain available through
September 30, 2024, 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, 2023: Provided, That
$12,036,820,000 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) $596,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
Act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
and such funds shall not be included in the calculation of
``base grant'' in subsequent fiscal years, as such term is used
in section 640(a)(7)(A) of such Act;
(3) $262,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in
such section, of which not less than $10,000,000 shall be
available to migrant and seasonal Head Start programs for such
activities, in addition to funds made available for migrant and
seasonal Head Start programs under any other provision of
section 640(a) of such Act;
(4) $140,000,000, in addition to funds otherwise available
for such purposes under section 640 of the Head Start Act,
shall be available through September 30, 2024, for awards to
eligible entities for Head Start and Early Head Start programs
and to entities defined as eligible under section 645A(d) of
such Act for high quality infant and toddler care through Early
Head Start-Child Care Partnerships, and for training and
technical assistance for such activities: Provided further,
That of the funds made available in this paragraph, up to
$21,000,000 shall be available to the Secretary for the
administrative costs of carrying out this paragraph;
(5) $8,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent with
section 648(g) of such Act; and
(6) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, 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 $350,000,000 shall be
available until December 31, 2023 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 in this fiscal year, a
renewal grant awarded under section 9212(g) of Public Law 114-95 may be
renewed for a period of not more than 3 years: Provided further, That
$806,383,000 shall be for making payments under the CSBG Act: Provided
further, That for services furnished under the CSBG Act with funds made
available for such purpose in this fiscal year and in fiscal year 2022,
States may apply the last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided further,
That $36,383,000 shall be for section 680 of the CSBG Act, of which not
less than $23,383,000 shall be for section 680(a)(2) and not less than
$13,000,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That, notwithstanding section 675C(a)(3) of the CSBG 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 $300,000,000 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 and of which $6,750,000
shall be for necessary administrative expenses to carry out such Act
and section 2204 of the American Rescue Plan Act of 2021, in addition
to amounts otherwise available for such purposes: Provided further,
That funds made available in the preceding proviso may be used for
direct payments to any victim of family violence, domestic violence, or
dating violence, or to any dependent of such victim, notwithstanding
section 308(d)(1) of the Family Violence Prevention and Services 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
$3,000,000 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: Provided further, That $40,480,000 shall be used for
the projects, and in the amounts, specified in the table titled
``Congressionally Directed Spending Items'' in the explanatory
statement accompanying this Act: Provided further, That none of the
funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this
Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $94,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $28,000,000 shall be for grants to each State, territory,
and Indian Tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act and $6,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, shall be for the Family
First Clearinghouse and to support evaluation and technical assistance
relating to the evaluation of child and family services: Provided
further, That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be used
for identifying, establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C): Provided further, That the
reservation in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso: Provided
further, That the minimum grant award for kinship navigator programs in
the case of States and territories shall be $200,000, and, in the case
of Tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $7,606,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2024,
$3,200,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), 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, $2,461,973,000, together with $53,115,000 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 1 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: Provided further, That of the amount made available
under this heading, $12,006,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Congressionally Directed
Spending Items'' in the explanatory statement accompanying this Act:
Provided further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section 241 of
the PHS Act or section 205 of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$565,394,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $60,000,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $130,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to 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 test additional models and innovative strategies for
preventing teenage pregnancy: 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)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $196,000,000 shall remain available until
September 30, 2024, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $74,238,000 shall be from
amounts made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$87,400,000: Provided, 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 appropriated under this heading, necessary sums shall be
available for carrying out activities authorized under section 3022 of
the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$60,250,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,592,479,000, of which $818,505,000 shall remain
available through September 30, 2024, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, 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, 2025: Provided further, That $82,801,000 of the
amounts made available to support coordination of the development,
production, and distribution of vaccines, therapeutics, and other
medical countermeasures shall remain available through September 30,
2024.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $790,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $875,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $382,000,000; of which $347,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, 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 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
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 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
2023 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
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 2023:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 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 $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
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. The Secretary shall publish, as part of the fiscal year
2024 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2024. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
accompanying this Act.
Sec. 220. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 221. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement 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. 222. Effective during the period beginning on November 1,
2015 and ending January 1, 2025, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention
last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 223. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall 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. 224. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the previous
proviso is in addition to any other transfer authority provided by law.
Sec. 225. (a) The Secretary shall provide to the Committees on
Appropriations of the House of 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. 226. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' 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. 227. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including monetary donations, 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. 228. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not
State-licensed for the care of unaccompanied alien children, except in
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than 6
consecutive months shall require compliance with--
(A) the same requirements as licensed placements,
as listed in Exhibit 1 of the Flores Settlement
Agreement that the Secretary determines are applicable
to non-State licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1) if
the Secretary certifies and provides a report to Congress on
the contractor's or grantee's good-faith efforts and progress
towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than 3 consecutive months, ORR shall conduct a minimum of one
comprehensive monitoring visit during the first 3 months of
operation, with quarterly monitoring visits thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed facilities.
Sec. 229. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days before operationalizing
an unlicensed facility, and shall (1) specify whether the facility is
hard-sided or soft-sided, and (2) provide analysis that indicates that,
in the absence of the influx facility, the likely outcome is that
unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in danger. Within
60 days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a report detailing the total
number of children in care at the facility, the average length of stay
and average length of care of children at the facility, and, for any
child that has been at the facility for more than 60 days, their length
of stay and reason for delay in release.
Sec. 230. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee Resettlement
not less than two business days in advance to ensure that such visit
would not interfere with the operations (including child welfare and
child safety operations) of such facility.
Sec. 231. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 232. Amounts made available to the Department of Health and
Human Services in this or any other Act under the heading
``Administration for Children and Families--Refugee and Entrant
Assistance'' may in this fiscal year and hereafter be used to provide,
including through grants, contracts, or cooperative agreements, mental
health and other supportive services, including access to legal
services, to children, parents, and legal guardians who were separated
at the United States-Mexico border between January 20, 2017, and
January 20, 2021: Provided, That such services shall also be available
to immediate family members of such individuals if such family members
are in the United States and in the same household: Provided further,
That the Secretary of Health and Human Services may identify the
children, parents, and legal guardians eligible to receive mental
health and other supportive services described under this section
through reference to the identified members of the classes, and their
minor children, in the class-action lawsuits Ms. J.P. v. Barr and Ms.
L. v. ICE: Provided further, That the Secretary has sole discretion to
identify the individuals who will receive services under this section
due to their status as immediate family members residing in the same
household of class members or class members' minor children.
Sec. 233. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 226 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
(rescission)
Sec. 234. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $650,000,000 are hereby rescinded not later than September 30,
2023.
Sec. 235. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $37,500,000, in addition to any funds otherwise
made available for such purpose in this, previous, or subsequent fiscal
years, shall be available for acquisition of real property, equipment,
design, construction, installation, renovation, and repair and
improvement for the Centers for Disease Control and Prevention to
develop the replacement Lake Lynn Experimental Mine and Laboratory
facility.
Sec. 236. The Secretary of Health and Human Services may waive
penalties and administrative requirements in title XXVI of the Public
Health Service Act for awards under such title from amounts provided
under the heading ``Department of Health and Human Services--Health
Resources and Services Administration'' in this or any other
appropriations Act for this fiscal year, including amounts made
available to such heading by transfer.
Sec. 237. (a) Premium Pay Authority.--If services performed by a
Department of Health and Human Services employee during a public health
emergency declared under section 319 of the Public Health Service Act
are determined by the Secretary of Health and Human Services to be
primarily related to the preparation for, prevention of, or response to
such public health emergency, any premium pay that is provided for such
services shall be exempted from the aggregate of basic pay and premium
pay calculated under section 5547(a) of title 5, United States Code,
and any other provision of law limiting the aggregate amount of premium
payable on a biweekly or calendar year basis.
(b) Overtime Authority.--Any overtime that is provided for such
services described in subsection (a) shall be exempted from any annual
limit on the amount of overtime payable in a calendar or fiscal year.
(c) Applicability of Aggregate Limitation on Pay.--In determining,
for purposes of section 5307 of title 5, United States Code, whether an
employee's total pay exceeds the annual rate payable under such
section, the Secretary of Health and Human Services shall not include
pay exempted under this section.
(d) Limitation of Pay Authority.--Pay exempted from otherwise
applicable limits under subsection (a) shall not cause the aggregate
pay earned for the calendar year in which the exempted pay is earned to
exceed the rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United States Code.
(e) Danger Pay for Service in Public Health Emergencies.--The
Secretary of Health and Human Services may grant a danger pay allowance
under section 5928 of title 5, United States Code, without regard to
the conditions of the first sentence of such section, for work that is
performed by a Department of Health and Human Services employee during
a public health emergency declared under section 319 of the Public
Health Service Act that the Secretary determines is primarily related
to preparation for, prevention of, or response to such public health
emergency and is performed under conditions that threaten physical harm
or imminent danger to the health or well-being of the employee.
(f) Effective Date.--This section shall take effect as if enacted
on September 30, 2021.
Sec. 238. (a) None of the funds made available by this Act may be
awarded to any organization, including under the Child Welfare or
Federal Foster Care programs under part B or E of title IV of the
Social Security Act, that does not comply with subsections (c) and (d)
of section 75.300 of title 45, Code of Federal Regulations (prohibiting
discrimination on the basis of age, disability, sex, race, color,
national origin, religion, gender identity, or sexual orientation), as
in effect on October 1, 2019.
(b) None of the funds made available by this Act may be used by the
Department of Health and Human Services to grant an exception from
either such paragraph for any Federal grantee.
Sec. 239. Section 317G of the Public Health Service Act (42 U.S.C.
247b-8) is amended by adding at the end the following: ``The Secretary
may, no later than 120 days after the end of an individual's
participation in such a fellowship or training program, and without
regard to those provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a participant in such
a fellowship or training program to a term or permanent position in the
Centers for Disease Control and Prevention.''.
Sec. 240. (a) The Public Health Service Act (42 U.S.C. 201 et
seq.), the Controlled Substances Act (21 U.S.C. 801 et seq.), the
Comprehensive Smoking Education Act (15 U.S.C. 1331 et seq.), the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198),
the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C.
1101 et seq.), the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.), and title 5 of the United States Code are
each amended (including in headings)--
(1) by striking ``National Institute on Drug Abuse'' each
place it appears and inserting ``National Institute on Drugs
and Addiction''; and
(2) by striking ``National Advisory Council on Drug Abuse''
each place it appears and inserting ``National Advisory Council
on Drugs and Addiction''.
(b) Title IV of the Public Health Service Act (42 U.S.C. 281 et
seq.) is amended--
(1) in section 464H(b)(5), by striking ``National Institute
of Drug Abuse'' and inserting ``National Institute on Drugs and
Addiction'';
(2) in sections 464L, 464M(a), 464O, and 494A, by striking
``drug abuse'' each place it appears and inserting ``drug
use'';
(3) in section 464L(a), by striking ``treatment of drug
abusers'' and inserting ``treatment of drug addiction'';
(4) in section 464M(a), by striking ``prevention of such
abuse'' and inserting ``prevention of such use'';
(5) in section 464N--
(A) in the section heading, by striking ``drug
abuse research centers'' and inserting ``drugs and
addiction research centers'';
(B) in subsection (a)--
(i) in matter preceding paragraph (1), by
striking ``National Drug Abuse Research
Centers'' and inserting ``National Drugs and
Addiction Research Centers''; and
(ii) in paragraph (1)(C), by striking
``treatment of drug abuse'' and inserting
``treatment of drug addiction''; and
(C) in subsection (c)--
(i) by striking ``Drug Abuse and Addiction
Research'' and inserting ``Drugs and Addiction
Research Centers'';
(ii) in paragraph (1), by striking
``National Drug Abuse Treatment Clinical Trials
Network'' and inserting ``National Drug
Addiction Treatment Clinical Trials Network'';
and
(iii) in paragraph (2)(H), by striking
``reasons that individuals abuse drugs, or
refrain from abusing drugs'' and inserting
``reasons that individuals use drugs or refrain
from using drugs''; and
(6) in section 464P--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``drug
abuse treatments'' and inserting ``drug
addiction treatments''; and
(ii) in paragraph (6), by striking
``treatment of drug abuse'' and inserting
``treatment of drug addiction''; and
(B) in subsection (d)--
(i) by striking ``disease of drug abuse''
and inserting ``disease of drug addiction'';
(ii) by striking ``abused drugs'' each
place it appears and inserting ``addictive
drugs''; and
(iii) by striking ``drugs of abuse'' and
inserting ``drugs of addiction''.
(c) Section 464N of the Public Health Service Act (42 U.S.C. 285o-
2), as amended by subsection (b)(5), is further amended by striking
``drug abuse'' each place it appears and inserting ``drug use''.
(d) Any reference in any law, regulation, map, document, paper, or
other record of the United States to the National Institute on Drug
Abuse shall be considered to be a reference to the National Institute
on Drugs and Addiction.
Sec. 241. (a) The Public Health Service Act (42 U.S.C. 201 et seq.)
and the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4541 et seq.) are
each amended (including in headings)--
(1) by striking ``National Institute on Alcohol Abuse and
Alcoholism'' each place it appears and inserting ``National
Institute on Alcohol Effects and Alcohol-Associated
Disorders''; and
(2) by striking ``National Advisory Council on Alcohol
Abuse and Alcoholism'' each place it appears and inserting
``National Advisory Council on Alcohol Effects and Alcohol-
Associated Disorders''.
(b) Title IV of the Public Health Service Act (42 U.S.C. 281 et
seq.) is amended--
(1) in section 464H--
(A) in subsection (a)--
(i) by striking ``prevention of alcohol
abuse'' and inserting ``prevention of alcohol
misuse''; and
(ii) by striking ``treatment of
alcoholism'' and inserting ``treatment of
alcohol-associated disorders''; and
(B) in subsection (b)--
(i) in paragraph (3)--
(I) in subparagraph (A), by
striking ``alcohol abuse and domestic
violence'' and inserting ``alcohol
misuse and domestic violence'';
(II) in subparagraph (D), by
striking ``abuse of alcohol'' and
inserting ``misuse of alcohol'';
(III) by amending subparagraph (E)
to read as follows:
``(E) the effect of social pressures, legal
requirements regarding the use of alcoholic beverages,
the cost of such beverages, and the economic status and
education of users of such beverages on the incidence
of alcohol misuse, alcohol use disorder, and other
alcohol-associated disorders,''; and
(ii) in paragraph (5), by striking ``impact
of alcohol abuse'' and inserting ``impact of
alcohol misuse'';
(2) in sections 464H(b), 464I, and 494A, by striking
``alcohol abuse and alcoholism'' each place it appears and
inserting ``alcohol misuse, alcohol use disorder, and other
alcohol-associated disorders'';
(3) in sections 464H(b) and 464J(a), by striking
``alcoholism and alcohol abuse'' each place it appears and
inserting ``alcohol misuse, alcohol use disorder, and other
alcohol-associated disorders''; and
(4) in section 464J(a)--
(A) by striking ``alcoholism and other alcohol
problems'' each place it appears and inserting
``alcohol misuse, alcohol use disorder, and other
alcohol-associated disorders'';
(B) in the matter preceding paragraph (1), by
striking ``interdisciplinary research related to
alcoholism'' and inserting ``interdisciplinary research
related to alcohol-associated disorders''; and
(C) in paragraph (1)(E), by striking ``alcohol
problems'' each place it appears and inserting
``alcohol misuse, alcohol use disorder, and other
alcohol-associated disorders''.
(c) Any reference in any law, regulation, map, document, paper, or
other record of the United States to the National Institute on Alcohol
Abuse and Alcoholism shall be considered to be a reference to the
National Institute on Alcohol Effects and Alcohol-Associated Disorders.
Sec. 242. (a) The Public Health Service Act (42 U.S.C. 201 et seq.)
is amended (including in headings)--
(1) by striking ``Substance Abuse and Mental Health
Services Administration'' each place it appears and inserting
``Substance Use And Mental Health Services Administration'';
(2) by striking ``Center for Substance Abuse Treatment''
each place it appears and inserting ``Center for Substance Use
Services''; and
(3) by striking ``Center for Substance Abuse Prevention''
each place it appears and inserting ``Center for Substance Use
Prevention Services''.
(b) Title V of the Public Health Service Act (42 U.S.C. 290aa et
seq.) is amended--
(1) in the title heading, by striking ``SUBSTANCE ABUSE AND
MENTAL HEALTH SERVICES ADMINISTRATION'' and inserting
``SUBSTANCE USE AND MENTAL HEALTH SERVICES ADMINISTRATION'';
(2) in section 501--
(A) in the section heading, by striking ``substance
abuse and mental health services administration'' and
inserting ``substance use and mental health services
administration''; and
(B) in subsection (a), by striking ``(hereafter
referred to in this title as the `Administration')''
and inserting ``(hereafter referred to in this title as
`SAMHSA' or the `Administration')'';
(3) in section 507, in the section heading, by striking
``center for substance abuse treatment'' and inserting ``center
for substance use services'';
(4) in section 513(a), in the subsection heading, by
striking ``Center for Substance Abuse Treatment'' and inserting
``Center for Substance Use Services''; and
(5) in section 515, in the section heading, by striking
``center for substance abuse prevention'' and inserting
``center for substance use prevention services''.
(c) Section 1932(b)(3) of the Public Health Service Act (42 U.S.C.
300x-32(b)(3)) is amended in the paragraph heading by striking ``center
for substance abuse prevention'' and inserting ``center for substance
use prevention services''.
(d) Section 1935(b)(2) of the Public Health Service Act (42 U.S.C.
300x-35(b)(2)) is amended in the paragraph heading by striking ``center
for substance abuse prevention'' and inserting ``center for substance
use prevention services''.
(e) Subtitle C of title IV of Public Law 99-570, as amended (25
U.S.C. 2401 et seq.) is amended (including in headings) by striking
``Substance Abuse and Mental Health Services Administration'' each
place it appears and inserting ``Substance Use And Mental Health
Services Administration''.
(f) The Social Security Act is amended in sections 1861, 1866F, and
1945 (42 U.S.C. 1395x, 1395cc-6, 1396w-4) by striking ``Substance Abuse
and Mental Health Services Administration'' each place it appears and
inserting ``Substance Use And Mental Health Services Administration''.
(g) Section 105(a)(7)(C)(i)(III) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(a)(7)(C)(i)(III)) is amended by striking
``Substance Abuse and Mental Health Services Administration'' and
inserting ``Substance Use And Mental Health Services Administration''.
(h)(1) Except as provided in paragraph (2), any reference in any
law, regulation, map, document, paper, or other record of the United
States to the Substance Abuse and Mental Health Services
Administration, the Center for Substance Abuse Treatment of such
Administration, or the Center for Substance Abuse Prevention of such
Administration shall be considered to be a reference to the Substance
Use And Mental Health Services Administration, the Center for Substance
Use Services of such Administration, or the Center for Substance Use
Prevention Services of such Administration, respectively.
(2) Paragraph (1) shall not be construed to alter or affect section
6001(d) of the 21st Century Cures Act (42 U.S.C. 290aa note), providing
that a reference to the Administrator of the Substance Abuse and Mental
Health Services Administration shall be construed to be a reference to
the Assistant Secretary for Mental Health and Substance Use.
(including transfer of funds)
Sec. 243. In addition to amounts otherwise appropriated by this
Act under the heading ``Office of the Secretary--General Departmental
Management'' there are hereby appropriated an additional $350,000,000,
to remain available until expended, for the Secretary to make grants
to, and enter into contracts with, public or nonprofit private entities
that assist individuals in accessing abortion services and overcoming
barriers that might impede access to such services, including by
covering the costs of travel, lodging, and childcare, through hiring,
and the construction and renovation (including equipment) of health
care and other facilities, and by otherwise assisting providers:
Provided, That the Secretary may transfer amounts made available under
this section to other accounts of the Department of Health and Human
Services for such purposes.
Sec. 244. Of the amounts made available by this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'', $2,500,000,000
is designated by the Congress as being for an emergency requirement
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and section
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2023''.
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''), $20,852,667,000, of which
$9,915,490,000 shall become available on July 1, 2023, and shall remain
available through September 30, 2024, and of which $10,841,177,000
shall become available on October 1, 2023, and shall remain available
through September 30, 2024, for academic year 2023-2024: 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, 2022, 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 $6,157,550,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $6,157,550,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That of the amount available for section 1124 of the
ESEA, the Secretary may reserve up to $50,000,000 for grants to States
for voluntary activities designed to improve State performance on
effort and equity factors described in section 1125A of the ESEA:
Provided further, That $229,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $59,000,000 shall be for
carrying out section 418A of the HEA: Provided further, That the
Secretary may reduce, but not eliminate, the percentage of funds
available for new awards for a program under such section if the
Secretary determines that there are not a sufficient number of high-
quality applications for that program: 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 such reduction:
Provided further, That subsection (b) of section 1004 of the ESEA shall
apply to amounts appropriated under this heading as if the amount
specified in such subsection is the amount appropriated for such
purposes in division H of Public Law 117-103: Provided further, That
paragraph (2) of section 1004(a) of the ESEA shall apply to funds
available under this heading as if the amount specified for States in
such paragraph is $800,000.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,610,112,000,
of which $1,459,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $18,406,000, to remain available
through September 30, 2024, shall be for construction under section
7007(b), $79,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008: Provided, That for
purposes of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year 2022-2023,
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,
$5,910,843,000, of which $4,047,513,000 shall become available on July
1, 2023, and remain available through September 30, 2024, and of which
$1,681,441,000 shall become available on October 1, 2023, and shall
remain available through September 30, 2024, for academic year 2023-
2024: Provided, That $390,000,000 shall be for part B of title I:
Provided further, That $1,374,673,000 shall be for part B of title IV:
Provided further, That $53,897,000 shall be for part B of title VI, of
which not less than $10,000,000 shall 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 $39,953,000 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 $57,000,000 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
$24,464,000 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 $215,840,000 shall be for part B of
title V: Provided further, That $1,345,000,000 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, $194,746,000, of which
$72,000,000 shall be for subpart 2 of part A of title VI and
$12,365,000 shall be for subpart 3 of part A of title VI: Provided,
That not less than $5,500,000 shall be available for carrying out
section 6133 of the ESEA: Provided further, 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: Provided further, That grants awarded under
sections 6132 and 6133 of the ESEA with funds provided under this
heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,305,500,000: Provided, That $245,500,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be
made available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $700,000,000 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 section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use not more than
$65,000,000 to carry out section 4304, of which not more than
$10,000,000 shall be available to carry out section 4304(k),
$140,000,000, to remain available through March 31, 2024, to carry out
section 4305(b), and not more than $16,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $360,000,000 shall be available
through December 31, 2023 for subpart 1 of part F of title IV:
Provided further, That of the funds available for subpart 4 of part F
of title IV, not less than $8,000,000 shall be for continuation grants
for eligible national nonprofit organizations, as described in the
Applications for New Awards; Assistance for Arts Education Program
published in the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $442,000,000, to remain available through
December 31, 2023: Provided, That $201,000,000 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 $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $954,041,000,
which shall become available on July 1, 2023, and shall remain
available through September 30, 2024, except that 6.5 percent of such
amount shall be available on October 1, 2022, and shall remain
available through September 30, 2024, to carry out activities under
section 3111(c)(1)(C): Provided, That the Secretary may reserve up to
2 percent of the amount made available under this heading for technical
assistance.
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$16,744,570,000, of which $7,071,627,000 shall become available on July
1, 2023, and shall remain available through September 30, 2024, and of
which $9,283,383,000 shall become available on October 1, 2023, and
shall remain available through September 30, 2024, for academic year
2023-2024: Provided, 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 2022, 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 2021: 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 5, 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 five 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 five
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
allotted under section 643(c) 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 section 638 of IDEA: Provided further, That,
notwithstanding section 638 of the IDEA, a State may use funds it
receives under section 633 of the IDEA to offer continued early
intervention services to a child who previously received services under
part C of the IDEA from age 3 until the beginning of the school year
following the child's third birthday with parental consent and without
regard to the procedures in section 635(c) of the IDEA: Provided
further, That, notwithstanding section 643(e)(1) of the IDEA, the
Secretary may reserve up to $45,000,000 of the funds appropriated under
part C of the IDEA to provide grants to States that are either carrying
out the policy described in sections 632(5)(B)(ii) and 635(c) or are
serving at-risk infants and toddlers as defined in section 632(1) and
632(5)(B)(i) in order to facilitate the implementation of such policy:
Provided further, That, notwithstanding section 638 of the IDEA, any
State receiving a grant under section 633 of the IDEA may reserve from
its award an amount necessary for use in a manner described in a State
plan, approved in the State, to ensure equitable access to and
participation in part C services in the State, particularly for
populations that have been traditionally underrepresented in the
program: Provided further, That any State seeking to amend its
eligibility criteria under section 635(a)(1) of the IDEA in such a way
that would have the effect of reducing the number of infants and
families who are eligible under part C must conduct the public
participation under section 637(a)(8) of the IDEA at least 24 months
prior to implementing such a change: Provided further, That,
notwithstanding section 638 of the IDEA, a State may use funds
appropriated under part C of the IDEA to conduct child find, public
awareness and referral activities for an individual who is expected to
become a parent of an infant with a disability (as that term is defined
in section 632(5)), as established by medical or other records:
Provided further, That any State electing to use funds under the
preceding proviso shall ensure, that as soon as possible but not later
than 45 days after the child's birth, it completes the referral and
eligibility process under this part for that child: Provided further,
That, notwithstanding section 611 of the IDEA, the Secretary may
reserve up to $5,000,000 to study issues related to the creation and
implementation of a comprehensive system of services and supports for
children with disabilities from birth through age 5.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$4,093,406,000, of which $3,949,707,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, 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 increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities: Provided further, That up to 15 percent of the amounts
available for innovative activities described in the preceding proviso
from funds provided under this paragraph in this Act may be used for
evaluation and technical assistance related to such activities:
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 provided in this Act and made available
subsequent to reallotment for innovative activities aimed at improving
the outcomes of individuals with disabilities shall remain available
until September 30, 2024: Provided further, That the Secretary may
transfer up to $35,000,000 of the funds provided in this Act and made
available subsequent to reallotment for innovative activities aimed at
improving the outcomes of individuals with disabilities to ``Institute
of Education Sciences'' for an evaluation of outcomes for students
receiving services and supports under IDEA and section 504
accommodations: Provided further, That the transfer authority in the
preceding proviso is in addition to any other transfer authority in
this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $92,500,000:
Provided, 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, $180,361,000, of which up to $30,000,000, to remain available
until expended, shall be for construction, as defined by section 201(2)
of such Act: Provided, 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''),
$2,246,436,000, of which $1,445,436,000 shall become available on July
1, 2023, and shall remain available through September 30, 2024, and of
which $791,000,000 shall become available on October 1, 2023, and shall
remain available through September 30, 2024: Provided, That
$60,000,000 shall be available for innovation and modernization grants
under such section 114(e) of such Act: Provided further, 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, $24,625,352,000 which shall remain available
through September 30, 2024.
The maximum Pell Grant for which a student shall be eligible during
award year 2023-2024 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,594,034,000, to remain available through
September 30, 2024: Provided, 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: 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 to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
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: 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
the Secretary shall ensure that all contractors in the current and
future servicing environments are held accountable for performance on
service levels, non-compliance with Department guidelines, non-
compliance with contractual requirements, and non-compliance with
applicable Federal and State consumer protection law, including for
failure to sufficiently inform borrowers of available repayment,
forgiveness, or discharge options: Provided further, That FSA shall
strengthen transparency through expanded publication of quarterly data
on student loan discharges and forgiveness, collections, and contractor
performance and outcomes: Provided further, That 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
Secretary shall not delay, prevent, or otherwise obstruct, directly or
indirectly, Federal or State law enforcement, regulation, or
information collection from the Department's contractors: Provided
further, That the Secretary shall ensure that the future servicing
environment provides for a single, centralized website and phone line
with U.S. Department of Education branding for all federally-held
student loan borrowers to manage account information and make payments:
Provided further, That, in any future servicing environment, the
Secretary shall make available upon request or complaint from a
borrower or Federal or State law enforcement, or upon finding of
noncompliance with applicable Federal or State consumer protection laws
or contractual requirements, the name and other identifying information
of any contractor that interacts directly with a borrower, including
the nature of such interaction with the borrower: 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 not later than 60 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 of funds made available in this account for fiscal year 2023 and
provide quarterly updates on this plan (including contracts awarded,
change orders, bonuses paid to staff, reorganization costs, and any
other activity carried out using amounts provided under this heading
for fiscal year 2023).
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$3,547,681,000, of which $214,000,000 shall remain available through
December 31, 2023: Provided, 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: Provided further, That amounts made available for carrying out
section 419N of the HEA may be awarded notwithstanding the limitations
in section 419N(b)(2) of the HEA: Provided further, That of the
amounts made available under this heading, $218,593,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Congressionally Directed Spending Items'' in the explanatory
statement accompanying this Act: Provided further, That none of the
funds made available for projects described in the preceding proviso
shall be subject to section 302 of this Act.
Howard University
For partial support of Howard University, $359,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$298,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2024: Provided, 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 $752,065,725:
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, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment
of Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664 of the
Individuals with Disabilities Education Act, $831,395,000, which shall
remain available through September 30, 2024: Provided, 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, $448,000,000, of which up to $8,000,000, to
remain available until expended, shall be available for relocation
expenses, and for the renovation and repair of leased buildings:
Provided, 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: Provided further, That, from the amount
available under this heading, the Secretary may use up to $5,000,000 to
support a commission on supporting the teaching profession that
addresses the pressing needs of elementary and secondary school
students, public schools and the field, including improving the racial,
ethnic, and linguistic diversity of the teaching profession, the
recruitment and retention of effective teachers, the equitable
distribution of effective teachers in high-need local educational
agencies and high-need schools, the provision of professional support
and growth opportunities, and how states and local educational agencies
can improve compensation and working conditions of educators so that
their compensation is competitive with similarly educated
professionals.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $161,300,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $77,000,000, of which $3,000,000 shall remain available until
expended.
General Provisions
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 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, 2023, through September 30, 2024.
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 2023 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be
applied by substituting ``2023'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall
be applied by substituting ``2023'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may 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)) for fiscal year 2023, $221,000,000 are hereby
rescinded.
Sec. 309. Of the amounts made available in 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. The Secretary may reserve not more than 0.5 percent from
any amount made available in this Act for an HEA program, except for
any amounts made available for subpart 1 of part A of title IV of the
HEA, to carry out rigorous and independent evaluations and to collect
and analyze outcome data for any program authorized by the HEA:
Provided, That no funds made available in this Act for the ``Student
Aid Administration'' account shall be subject to the reservation under
this section: Provided further, That any funds reserved under this
section shall be available through September 30, 2025: Provided
further, That if, under any other provision of law, funds are
authorized to be reserved or used for evaluation activities with
respect to a program or project, the Secretary may also reserve funds
for such program or project for the purposes described in this section
so long as the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial obligation of
funds reserved under this section, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor and Pensions
of the Senate, and the Committee on Education and Labor of the House of
Representatives a plan that identifies the source and amount of funds
reserved under this section, the impact on program grantees if funds
are withheld for the purposes of this section, and the activities to be
carried out with such funds.
Sec. 311. In addition to amounts otherwise appropriated by this
Act under the heading ``Innovation and Improvement'' for purposes
authorized by the Elementary and Secondary Education Act of 1965, there
are hereby appropriated an additional $56,264,000 which shall be used
for the projects, and in the amounts, specified in the table titled
``Congressionally Directed Spending Items'' in the explanatory
statement accompanying this Act: Provided, That none of the funds made
available for such projects shall be subject to section 302 of this
Act.
Sec. 312. The Education Amendments Act of 1972 is amended by
striking section 802.
Sec. 313. Of the amounts appropriated in this Act for ``Institute
of Education Sciences'', $18,000,000 shall be available for the
Secretary of Education (``the Secretary'') to provide support services
to the Institute of Education Sciences (including, but not limited to
information technology services, lease or procurement of office space,
human resource services, financial management services, financial
systems support, budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants administration
and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of Education
methodology for allocating the cost of all such support services:
Provided further, That the Secretary may transfer any amounts available
for IES support services in excess of actual amounts needed for IES
support services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between amounts
available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary
amounts to the ``Institute of Education Sciences'' account from the
``Program Administration'' account: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 14 days in advance of any transfer made
pursuant to this section.
Sec. 314. (a)(1) Section 484(a)(5) of the HEA of 1965 (20 U.S.C.
1091(a)(5)) is amended--(A) by inserting ``or a DACA recipient (as
defined in subsection (u)), have temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), be
subject to a grant of deferred enforced departure,'' after ``a
permanent resident of the United States,''; and (B) by inserting ``be''
before ``able''.
(2) Section 484(a) of such Act (20 U.S.C. 1091(a)) is amended by
adding at the end the following:
``(u) DACA Recipient.--In this section, the term `DACA recipient'
means an alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)) who is inadmissible to the United
State or deportable from the United States under the immigration laws
(as defined in section 101(a)(17) of such Act (8 U.S.C. 1101(a)(17)),
and who the Secretary of Homeland Security has, in his or her
discretion, determined should be afforded a grant of deferred action
under the Deferred Action for Childhood Arrivals (DACA) policy.''.
(3) The amendments made by this subsection shall take effect on
July 1, 2023.
(b)(1) Subsection (n)(1)(A)(iv) of section 702 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-260) is
amended by striking ``by adding at the end'' and inserting ``by
inserting after subsection (r), as redesignated under clause (i),''.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of the FAFSA Simplification Act (title VII of
division FF of Public Law 116-260).
This title may be cited as the ``Department of Education
Appropriations Act, 2023''.
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, $13,124,000: 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 accompanying this 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 $3,124,000 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''), $912,690,000,
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) $36,375,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $8,558,000 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, $210,550,000, 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, $95,082,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,000,000.
administrative provisions
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 2023, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
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, CNCS may determine the number of hours required to successfully
complete any term of service less than 1,700 hours, except that any
reduction of the required term of service below 1,700 hours shall
include a corresponding reduction in the amount of any national service
educational award that may be available under subtitle D with regard to
that service.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ``an approved national service position'' for ``a
national service program that receives grants under subtitle C''.
Sec. 408. (a) Section 137(a)(5) of the 1990 Act shall be applied in
fiscal year 2023 as if the following were inserted before the period:
``, or has submitted a request for administrative relief pursuant to
the policy established in the memorandum of the Secretary of Homeland
Security dated June 15, 2012, and entitled `Exercising Discretion with
Respect to Individuals Who Came to the United States as Children'
(Deferred Action for Childhood Arrivals)''.
(b) Section 146(a)(3) of the 1990 Act shall be applied in fiscal
year 2023 as if the following were inserted before the period: ``, or
has submitted a request for administrative relief pursuant to the
policy established in the memorandum of the Secretary of Homeland
Security dated June 15, 2012, and entitled `Exercising Discretion with
Respect to Individuals Who Came to the United States as Children'
(Deferred Action for Childhood Arrivals)''.
(c) Notwithstanding sections 141 and 146 of the 1990 Act, or any
other provision of law, a participant in a national service program
carried out under the authority of the 1973 Act shall be eligible for
the national service educational award described in subtitle D of title
I of the 1990 Act if the participant--
(1) meets the criteria specified in paragraphs (1) through
(4) of subsection (a) of section 137 of the 1990 Act; and
(2) is a citizen or national of the United States or lawful
permanent resident alien of the United States, is able to
provide evidence from the Department of Homeland Security that
he or she is in the United States for other than a temporary
purpose with the intention of becoming a citizen or permanent
resident, or has submitted a request for administrative relief
pursuant to the policy established in the memorandum of the
Secretary of Homeland Security dated June 15, 2012, and
entitled ``Exercising Discretion with Respect to Individuals
Who Came to the United States as Children'' (Deferred Action
for Childhood Arrivals).
Sec. 409. An individual in an approved national service position
in a program under section 152(a) of the 1990 Act may upon the approval
of the Director of the National Civilian Community Corps continue in a
term of service for up to 180 days beyond the period otherwise
specified in section 153(d), or 90 days beyond the period otherwise
specified in section 154(c).
Sec. 410. (a) Notwithstanding sections 139, 147, 153, and 154 of
the 1990 Act, the Director of the National Civilian Community Corps may
enter into agreements with eligible individuals to participate in a
National Civilian Community Corps program for a period of not less than
90 days and not more than 180 days.
(b) An eligible individual who enters into an agreement with the
Director under subsection (a) may receive an educational award
equivalent to a proportional amount of the full-time national service
educational award authorized under section 147(a) of the 1990 Act that
corresponds to the term of service that such individual completes.
(c) For purposes of this section, the term ``eligible individual''
means an individual who is at least 18 years of age and not more than
26 years of age as of the date the term of service commences.
Sec. 411. In carrying out section 198(i) of the 1990 Act, CNCS may
make grants to, enter into cooperative agreements with, and provide
other support to eligible entities, without regard to the limitation on
Federal share contained in section 198(i)(4) of the 1990 Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2025, $565,000,000: 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, including the costs of
interconnection facilities and operations under subsections
(k)(3)(A)(i)(II) and (k)(3)(A)(iv)(I) of section 396 of the
Communications Act of 1934, and for other technologies and services
that create infrastructure and efficiencies within the public media
system, $60,000,000: Provided, That such amount shall be in addition
to any other funds available for such purposes.
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,
$53,705,000, of which not to exceed $1,000,000 shall remain available
through September 30, 2024, for assistance 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, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$301,800,000: Provided, That notwithstanding section 210A of the
Museum and Library Services Act, $20,000,000 shall be available through
September 30, 2024 for the purpose of making grants to support
improvements to public library and museum facilities: Provided
further, That in awarding such grants, the Director of the Institute of
Museum and Library Services shall give priority to public libraries and
museums located or serving in rural and underserved communities,
including economically disadvantaged areas, as determined by the
Director: Provided further, That the Director shall reserve not more
than $2,000,000 of the funds described in the first proviso to conduct
a comprehensive study of the physical condition of public libraries and
museums in each State and outlying area.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,727,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $13,440,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $319,424,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $9,000,000, which
shall include amounts becoming available in fiscal year 2023 pursuant
to section 224(c)(1)(B) of Public Law 98-76; 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, 2024, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $135,400,000, 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.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $13,269,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, 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,
$48,644,795,000, 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, 2025.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2024, $15,800,000,000, to
remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $14,103,014,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,700,000 shall be for the
Social Security Advisory Board: Provided further, That unobligated
balances of funds provided under this paragraph at the end of fiscal
year 2023 not needed for fiscal year 2023 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
preceding 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.
From funds provided under the first paragraph, not more than
$1,784,000,000, to remain available through March 31, 2024, is for the
costs associated with continuing disability reviews under titles II and
XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost
associated with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000 is
provided to meet the terms of a concurrent resolution on the budget,
and $1,511,000,000 is additional new budget authority specified for
purposes of a concurrent resolution on the budget: Provided further,
That, of the additional new budget authority described in the preceding
proviso, up to $15,100,000 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: Provided
further, That none of the funds described in this paragraph shall be
available for transfer or reprogramming except as specified in this
paragraph.
In addition, $140,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2023 exceed $140,000,000, the amounts shall be available in
fiscal year 2024 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,
$32,000,000, together with not to exceed $82,665,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000
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.
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 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. 507. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 508. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
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. 509. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 510. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 511. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2023, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 512. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 513. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2023 that are different than those
specified in this Act, the explanatory statement accompanying this Act
or the fiscal year 2023 budget request.
Sec. 514. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2023, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 515. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 516. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 517. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 518. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 519. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
United States taxpayer expense. The funds used by a Federal agency to
carry out this requirement shall be derived from amounts made available
to the agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 520. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2023'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2027'' 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, section 524 of
division A of Public Law 116-94,section 524 of division H of Public Law
116-260, and section 523 of division H of Public Law 117-103.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 521. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2023 the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, 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. 522. The Departments of Labor, Health and Human Services, and
Education shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a comprehensive list of any new
or competitive grant award notifications, including supplements, issued
at the discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is announced
by the Department or its offices (other than emergency response grants
at any time of the year or for grant awards made during the last 10
business days of the fiscal year, or if applicable, of the program
year).
Sec. 523. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
Sec. 524. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section
2104(n)(2)(C) of that Act, $14,561,000,000 shall not be available for
obligation in this fiscal year.
Sec. 525. (a) This section applies to: (1) the Administration for
Children and Families in the Department of Health and Human Services;
and (2) the Chief Evaluation Office and the statistical-related
cooperative and interagency agreements and contracting activities of
the Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be
available for obligation through September 30, 2027: Provided, That
when an office referenced in subsection (a) receives research and
evaluation funding from multiple appropriations, such offices may use a
single Treasury account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may
be deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts
are available.
TITLE VI
EMERGENCY CORONAVIRUS RESPONSE SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $16,000,000,000, to remain available until September
30, 2026, to prevent, prepare for, and respond to coronavirus or any
disease with potential for creating a pandemic, including for necessary
expenses with respect to the research and development, manufacturing,
production, purchase, and distribution of vaccines, therapeutics,
diagnostics, and medical products, services, and supplies: Provided,
That of the amount provided under this heading in this title, up to
$9,000,000,000 shall be available to the Biomedical Advanced Research
and Development Authority for necessary expenses of advanced research
and development, manufacturing, production, and purchase, at the
discretion of the Secretary of Health and Human Services, of vaccines,
therapeutics, diagnostics, and supplies necessary for the
administration of such vaccines, therapeutics, and diagnostics:
Provided further, That from the amount made available under this
heading in this title, not less than $750,000,000 shall be available
for research and clinical trials related to research on, clinical
trials for, and development and procurement of, vaccines for emerging
coronavirus variants, and to support the sustainment and expansion of
vaccine manufacturing capacity, including fill-finish capacity:
Provided further, That products, supplies, and equipment purchased with
amounts provided under this heading in this title may, at the
discretion of the Secretary of Health and Human Services, be deposited
in the Strategic National Stockpile under section 319F-2(a) of the
Public Health Service Act: Provided further, That amounts provided
under this heading in this title may be used for the construction,
alteration, or renovation of non-federally owned U.S.-based facilities
for the production of vaccines, therapeutics, diagnostics, and
ancillary medical supplies where the Secretary determines that such a
contract is necessary to secure sufficient amounts of such supplies:
Provided further, That amounts provided under this heading in this
title may be transferred to, and merged with, the fund authorized by
section 319F-4, the Covered Countermeasure Process Fund, of the Public
Health Service Act: Provided further, That the transfer authority
provided under this heading in this title is in addition to any other
transfer authority provided by law: Provided further, That the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 2 days in advance of any
obligation in excess of $50,000,000, including but not limited to
contracts and interagency agreements, from amounts provided under this
heading in this title: Provided further, That the Secretary shall
provide a report to the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days after the date of
enactment of this Act, and every 30 days thereafter until all amounts
provided under this heading in this title have been expended, detailing
obligations of such amounts in excess of $20,000,000, with annotation
of which Department or agency, and component thereof is managing the
contract; the current inventory of COVID-19 vaccines, therapeutics, and
diagnostics; and the distribution of COVID-19 vaccines, therapeutics,
and diagnostics during the previous month, reported by State and other
jurisdiction.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 601. Each amount appropriated or made available by this title
is in addition to amounts otherwise appropriated for fiscal year 2022.
Sec. 602. No part of any appropriation contained in this title
shall remain available for obligation beyond fiscal year 2022 unless
expressly so provided herein.
Sec. 603. Unless otherwise provided for by this title, the
additional amounts appropriated by this title to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for funds appropriated in
fiscal year 2022.
Sec. 604. Funds appropriated by this title under the heading
``Public Health and Social Services Emergency Fund'' may be transferred
to, and merged with, other appropriation accounts under the heading
``National Institutes of Health'' to prevent, prepare for, and respond
to coronavirus: Provided, That the Committees on Appropriations of the
House of Representatives and the Senate shall be notified 10 days in
advance of any such transfer: Provided further, That the transfer
authority provided by this section is in addition to any other transfer
authority provided by law: Provided further, That, upon determination
that all or part of the funds transferred from an appropriation by this
title are not necessary, such amounts may be transferred back to that
appropriation: Provided further, That none of the funds made available
by this title may be transferred pursuant to the authority in section
205 of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2022 or section
241(a) of the Public Health Service Act.
Sec. 605. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide a
detailed spend plan of anticipated uses of funds made available in this
title, including estimated personnel and administrative costs, to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That such plans shall be updated and submitted to
the Committees every 60 days until all funds are expended: 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 such obligation:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate shall be briefed on obligations
quarterly until all funds are expended.
Sec. 606. Not later than 60 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide
biweekly obligation reports, including anticipated use of funds made
available in this title, to the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That such reports
shall be updated and submitted biweekly to the Committees until all
funds are expended.
Sec. 607. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide
monthly reports on obligations made with these supplemental funds
related to: (1) research; (2) advanced development; (3) procurement; or
(4) administration activities to the Committees on Appropriations of
the House of Representatives and the Senate and the Committee on Energy
and Commerce of the House of Representatives and Committee on Health,
Education, Labor, and Pensions of the Senate: Provided, That such
report shall include for procurement contracts: (1) recipient; (2)
total number of units purchased; (3) delivery dates; (4) any options on
such contracts; and (5) location of manufactured product: Provided
further, That such report shall include projections of the supply of
and domestic need for vaccines, therapeutics, tests, and ancillary
medical supplies over the next 90 days to prepare for and respond to
coronavirus, to the extent such information is available: Provided
further, That such reports shall be updated and submitted monthly to
the Committees until all funds are expended.
Sec. 608. This title shall become effective immediately upon
enactment of this Act.
Sec. 609. If this Act is enacted after September 30, 2022, this
title shall be applied as if it were in effect on September 30, 2022.
Sec. 610. Each amount made available by this title is designated
by the Congress as being for an emergency requirement pursuant to
section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022.
Sec. 611. In this title, the term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2023''.
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