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Referenced Laws
40 U.S.C. 14102(a)(1)
Public Law 100–460
7 U.S.C. 2009aa(2)
40 U.S.C. 15733
Public Law 119–4
19 U.S.C. 2317(c)
5 U.S.C. 8501–8523
section 51
29 U.S.C. 9a
section 9501(c)(1)
5 U.S.C. 8509
38 U.S.C. 4102A(b)(5)
10 U.S.C. 1144
Public Law 115–31
31 U.S.C. 1553
38 U.S.C. 4100
31 U.S.C. 9104
5 U.S.C. 81
50 U.S.C. App. 2012
42 U.S.C. 1701 et seq.
5 U.S.C. 8147(a)
Public Law 107–275
31 U.S.C. 3302
29 U.S.C. 2916a
29 U.S.C. 207
8 U.S.C. 1101(a)(15)(H)(ii)(B)
chapter 5
chapter 119
42 U.S.C. 1395ww(d)(3)(E)
42 U.S.C. 9902(2)
Public Law 106–554
Public Law 115–245
section 9008
Public Law 113–93
Public Law 97–248
Public Law 115–141
42 U.S.C. 8621 et seq.
42 U.S.C. 618
42 U.S.C. 10802
20 U.S.C. 15002(8)(A)
15 U.S.C. 3719
42 U.S.C. 300jj–52
chapter 63
Public Law 111–148
42 U.S.C. 1395x(jj)
Public Law 111–152
6 U.S.C. 279(g)(2)
42 U.S.C. 9901 et seq.
Public Law 110–161
section 4968
section 501(c)(3)
42 U.S.C. 247d
42 U.S.C. 202 et seq.
42 U.S.C. 238n
8 U.S.C. 1227(a)
42 U.S.C. 294b
Public Law 116–260
Public Law 117–328
20 U.S.C. 1234a
20 U.S.C. 1011c(f)
20 U.S.C. 1087h(a)
20 U.S.C. 1087aa et seq.
31 U.S.C. 1513(b)
5 U.S.C. 3109
Public Law 92–544
chapter 85
Public Law 114–113
Public Law 98–76
Public Law 92–603
Public Law 93–66
Public Law 95–216
5 U.S.C. 7131
Public Law 104–121
42 U.S.C. 289g(b)
38 U.S.C. 4212(d)
21 U.S.C. 812
Public Law 117–2
Public Law 116–283
20 U.S.C. 1002
15 U.S.C. 8841
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Section 1
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, 2026, and for other purposes, namely:
Section 2
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.
Section 3
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.
Section 4
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.
Section 5
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.
Section 6
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.
Section 7
106. 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. Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to Program Administration in order to carry out program integrity activities relating to any of the programs or activities that are funded under any such discretionary appropriations: Provided, That notwithstanding section 102 and the preceding proviso, the Secretary may transfer not more than 0.5 percent of funds made available in paragraphs (1) and (2) of the Office of Job Corps account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program: Provided further, That funds transferred under 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, 2027.
Section 8
107. 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, 2027: 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. 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, Veterans' Employment and Training, 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, and funding made available to the Bureau of International Labor Affairs and Women's Bureau within the Departmental Management account.
Section 9
108. Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall be applied hereafter as if the following text is part of such section: The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— 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; 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 whose duties include any of the following: interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; inspecting property damage or reviewing factual information to prepare damage estimates; evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; negotiating settlements; or making recommendations regarding litigation. The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). For purposes of this subsection— the term major disaster means any disaster or catastrophe declared or designated by any State or Federal agency or department; 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 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. This section shall be effective on the date of enactment of this Act. (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..
Section 10
109. 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. 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— completes a new assessment of the local labor market by— listing job orders in local newspapers on 2 separate Sundays; and posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and offers the job to an equally or better qualified United States worker who— applies for the job; and will be available at the time and place of need. 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. 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)).
Section 11
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.
Section 12
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).
Section 13
112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $450,000 of excess personal property, at a value determined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs.
Section 14
113. The Act of March 4, 1913 entitled An Act to create a Department of Labor (37 Stat. 736, chapter 141) is amended— in section 11, by inserting (except for section 12) before shall take effect; and by adding the following after section 11: The Secretary of Labor is authorized to employ law enforcement officers or special agents to provide— protection for the Secretary and Deputy Secretary during the performance of official duties by each such officer and during any activity that is preliminary or postliminary to the performance of official duties by each such officer; protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such officer who is participating in an activity or event relating to the official duties of each such officer when there is an articulable threat to such individual; continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and protection of another senior officer (including a person nominated to be the Secretary during the pendency of such nomination) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary. The Secretary may authorize officers or special agents employed pursuant to subsection (a)— to carry firearms; to conduct criminal investigations into potential threats to the security of persons protected under this section; to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent; to perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and coordinate with local law enforcement agencies. The authority provided by this section shall be exercised in accordance with any— guidelines issued by the Attorney General; and such additional guidelines as may be issued by the Secretary. The authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of Title 31. 12.Security detail(a)In generalThe Secretary of Labor is authorized to employ law enforcement officers or special agents to provide—(1)protection for the Secretary and Deputy Secretary during the performance of official duties by each such officer and during any activity that is preliminary or postliminary to the performance of official duties by each such officer;(2)protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such officer who is participating in an activity or event relating to the official duties of each such officer when there is an articulable threat to such individual;(3)continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and(4)protection of another senior officer (including a person nominated to be the Secretary during the pendency of such nomination) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary.(b)Authorities of the Protective Operation(1)In generalThe Secretary may authorize officers or special agents employed pursuant to subsection (a)—(A)to carry firearms;(B)to conduct criminal investigations into potential threats to the security of persons protected under this section;(C)to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent;(D)to perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and(E)coordinate with local law enforcement agencies.(2)GuidelinesThe authority provided by this section shall be exercised in accordance with any—(A)guidelines issued by the Attorney General; and(B)such additional guidelines as may be issued by the Secretary.(c)ExceptionThe authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of Title 31..
Section 15
12. Security detail The Secretary of Labor is authorized to employ law enforcement officers or special agents to provide— protection for the Secretary and Deputy Secretary during the performance of official duties by each such officer and during any activity that is preliminary or postliminary to the performance of official duties by each such officer; protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such officer who is participating in an activity or event relating to the official duties of each such officer when there is an articulable threat to such individual; continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and protection of another senior officer (including a person nominated to be the Secretary during the pendency of such nomination) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary. The Secretary may authorize officers or special agents employed pursuant to subsection (a)— to carry firearms; to conduct criminal investigations into potential threats to the security of persons protected under this section; to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent; to perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and coordinate with local law enforcement agencies. The authority provided by this section shall be exercised in accordance with any— guidelines issued by the Attorney General; and such additional guidelines as may be issued by the Secretary. The authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of Title 31.
Section 16
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 and the Gary Job Corps Center are situated. Any sale or other disposition, to include any associated construction project, will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property or relating to Federal procurement, including but not limited to subchapter III of chapter 5 of title 40 of the United States Code, subchapter V of chapter 119 of title 42 of the United States Code, and chapter 33 of division C of subtitle I of title 41 of the United States Code. The net proceeds of such a sale shall be transferred to the Secretary, which shall be available until expended for such project to carry out the Job Corps Program on Treasure Island and the Job Corps Program in and around San Marcos, Texas, respectively.
Section 17
115. None of the funds made available by this Act may be used to— alter or terminate the Interagency Agreement between the United States Department of Labor and the United States Department of Agriculture; or 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.
Section 18
116. For the 2-year period beginning on the date of the enactment of this Act, the Adverse Effect Wage Rate in effect under 20 CFR 655.120(b) shall be the Adverse Effect Wage Rate in effect on January 31, 2023.
Section 19
117. None of the funds made available by this Act may be used to administer, implement, or enforce— the final rule entitled Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, (88 Fed. Reg. 12760 (effective March 30, 2023)); 20 CFR 655.131(b) (relating to joint employer requirements); or the final rule entitled Improving Protections for Workers in Temporary Agricultural Employment in the United States, (89 Fed. Reg. 33898 (effective June 28, 2024)).
Section 20
118. None of the funds made available by this Act may be used to administer, implement, or enforce the final rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act, (89 Fed. Reg. 1638 (effective March 11, 2024)).
Section 21
119. PROHIBITION ON CLOSING, REDUCING, OR CONSOLIDATING JOB CORPS CENTERS. None of the funds made available by this Act may be used to close, consolidate, or reduce operations at any Job Corps center unless the Secretary of Labor certifies to the Committee on Appropriations of the House of Representatives that such action will not— increase the local youth unemployment rate; increase rates of homelessness in the region served by a Job Corps Center; shift costs to State and municipal governments or nonprofit entities for housing, education, or retraining of displaced students; or negatively affect local public safety, including increases in youth crime or incarceration.
Section 22
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.
Section 23
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.
Section 24
203. None of the funds appropriated in this or any other 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.
Section 25
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.
Section 26
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.
Section 27
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 2026 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.
Section 28
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.
Section 29
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.
Section 30
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.
Section 31
210. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control.
Section 32
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.
Section 33
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 2026: 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. 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. 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.
Section 34
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.
Section 35
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.
Section 36
215. 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). 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.
Section 37
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.
Section 38
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.
Section 39
218. 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— funds are available and obligated— for the full period of the contract or for the first fiscal year in which the contract is in effect; and for the estimated costs associated with a necessary termination of the contract; and 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. A contract entered into under this section— shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and shall be subject to the congressional notice requirement stated in subsection (d) of such section.
Section 40
219. The Secretary shall publish in the fiscal year 2027 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the ACA, and the amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA. With respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information: For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations. For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph (1). In carrying out this section, the Secretary may exclude from the report employees or contractors who— are supported through appropriations enacted in laws other than the ACA and work on programs that existed prior to the passage of the ACA; spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; or work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts.
Section 41
220. The Secretary shall publish, as part of the fiscal year 2027 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 2027. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading Health Insurance Exchange Transparency in the report accompanying this Act.
Section 42
221. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare & Medicaid Services—Program Management account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating to risk corridors).
Section 43
222. Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund in the report accompanying this Act. Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. 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.
Section 44
223. Effective during the period beginning on November 1, 2015 and ending January 1, 2028, 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— 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 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)).
Section 45
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.
Section 46
225. The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate: 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 Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act. 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.
Section 47
226. In addition to the amounts otherwise available for Centers for Medicare & Medicaid Services, Program Management, the Secretary of Health and Human Services may transfer up to $455,000,000 to such account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to support program management activity related to the Medicare Program: Provided, That except for the foregoing purpose, such funds may not be used to support any provision of Public Law 111–148 or Public Law 111–152 (or any amendment made by either such Public Law) or to supplant any other amounts within such account.
Section 48
227. 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.
Section 49
228. The Department of Health and Human Services may accept donations from the private sector, nongovernmental organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee Resettlement of the Administration for Children and Families, including medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items intended to promote the wellbeing of such children.
Section 50
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.
Section 51
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.
Section 52
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: 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 the documented cause of separation, as reported by DHS when each child was referred.
Section 53
232. 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 at costs not in excess of those paid for or reimbursed by the Department of Defense. 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
Section 54
233. The Community Services Block Grant Act (42 U.S.C. 9901 et seq.) is amended— in section 675C(a)— in paragraph (2) by striking , subject to paragraph (3); and by striking paragraph (3); and in section 680(a)(2) by adding at the end the following: Funds made available to carry out this paragraph may be used for financing construction and rehabilitation, and for loans or investments, in private business enterprises, including those owned by community development corporations. 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, grants made under this paragraph, to become the sole property of the grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with subsection (a)(2)(A). 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 subsection (a)(2)(A). (F)Uses of fundsFunds made available to carry out this paragraph may be used for financing construction and rehabilitation, and for loans or investments, in private business enterprises, including those owned by community development corporations.(G)Ownership of intangible property and earningsThe Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grants made under this paragraph, to become the sole property of the grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with subsection (a)(2)(A).(H)Use of intangible assetsIntangible 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 subsection (a)(2)(A)..
Section 55
234. Of the unobligated balances in the Nonrecurring Expenses Fund established in section 223 of division G of Public Law 110–161, $1,613,000,000 are hereby rescinded not later than September 30, 2026, except that no amounts may be rescinded from amounts that were previously designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That from any remaining unobligated balances in such Fund, the Secretary may transfer up to $30,000,000 to General Departmental Management for cybersecurity: Provided further, That the Secretary may obligate funds from such Fund for any program, project, or activity for which a notification was submitted before the date of enactment of this Act: Provided further, That the Secretary may transfer amounts into such Fund: Provided further, That any amounts transferred into such Fund are available for the purposes provided by this section or for which a notification was submitted to such Committees on Appropriations before the date of enactment of this Act: Provided further, That the authority to transfer amounts under this section is in addition to any other transfer authority in law.
Section 56
235. None of the funds made available by this Act to the National Institutes of Health may be used for facilities and administration costs (as defined in section 200.414 of title 2, Code of Federal Regulations) that exceed 30 percent of an award to an applicable educational institution that is an organization subject to taxation under section 4968 of the Internal Revenue Code of 1986.
Section 57
236. None of the funds provided in this Act may be used to conduct or support research using human fetal tissue if such tissue is obtained pursuant to an induced abortion.
Section 58
237. None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be made available to a hospital or any other entity that administers any postgraduate physician training program, or any other program of training in the health professions, that provides training in the performance of, or assisting in the performance of, induced abortions, or in counseling or referrals for such abortions, if such program— provides or requires such training for any participant in such program without the participant first voluntarily electing to opt in to undergo such training; or subjects any participant in such program to discrimination on the basis that the participant does not— voluntarily elect to opt in to undergo such training; or perform, assist in the performance of, or provide counseling or referrals for, such abortions. Nothing in this section shall be construed to permit training described in subsection (a) that is not otherwise allowed by law.
Section 59
238. IN GENERAL.—Notwithstanding any other provision of law, none of the funds made available by this Act may be made available either directly, through a State (including through managed care contracts with a State), or through any other means, to a prohibited entity. PROHIBITED ENTITY.—The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics— that, as of the date of enactment of this Act— is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; is an essential community provider described in section 156.235 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act), that is primarily engaged in family planning services, reproductive health, and related medical care; and performs, or provides any funds to any other entity that performs, abortions other than an abortion performed— in the case of a pregnancy that is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by, or arising from, the pregnancy itself; and for which the total amount of Federal grants to such entity, including grants to any affiliates, subsidiaries, or clinics of such entity, under title X of the Public Health Service Act in fiscal year 2016 exceeded $23,000,000. END OF PROHIBITION.—The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion as described in subsection (b)(1)(C). REPAYMENT.—The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in paragraph (1) and subsequently violated the terms of such certification.
Section 60
239. None of the funds made available by this Act may be used to establish, support, administer, oversee, or issue a grant, contract, or cooperative agreement for the purposes of providing information on, promoting access to, or facilitating an abortion.
Section 61
240. None of the funds made available by this Act may be used to require any project under title X of the PHS Act to refer for abortions: Provided, That no provider of services under title X of the PHS Act shall be required to subvert or operate in conflict with any State law limiting referral for abortion/pregnancy counseling.
Section 62
241. None of the funds made available by this Act may be used to implement, administer, or enforce Executive Order 14076 (Protecting Access to Reproductive Healthcare Services) or Executive Order 14079 (Securing Access to Reproductive and Other Healthcare Services).
Section 63
242. None of the funds made available by this Act, or provided under a previous or subsequent appropriations Act to the Department of Health and Human Services, or provided from any account in the Treasury of the United States derived by the collection of fees available to such Department, may be used to enforce the final rule titled Medicare and Medicaid Programs; Policy and Regulatory Changes to the Omnibus COVID-19 Health Care Staff Vaccination Requirements (86 Fed. Reg. 61555), or any substantially similar rule.
Section 64
243. None of the funds made available by this Act may be used to implement, administer, or enforce Executive Order 13988, entitled Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, published by the Executive Office of the President on January 25, 2021 (86 Fed. Reg. 7023).
Section 65
244. None of the funds made available by this Act may be used for any social, psychological, behavioral, or medical intervention performed for the purposes of intentionally changing the body of an individual (including by disrupting the body’s development, inhibiting its natural functions, or modifying its appearance) to no longer correspond to the individual’s biological sex.
Section 66
245. None of the funds made available by this Act may be used to issue or implement as a final rule the proposed rule entitled Nondiscrimination in Health Programs and Activities published by the Department of Health and Human Services in the Federal Register on August 4, 2022 (87 Fed. Reg. 47824) (relating to section 1557 of the Affordable Care Act) or any successor or substantially similar rule.
Section 67
246. None of the funds made available by this Act may be used to administer, implement, or enforce the final rule entitled Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children, 89 Fed. Reg. 34818 (effective July 1, 2024) or any successor or substantially similar rule.
Section 68
247. None of the funds made available by this Act may be used to administer, implement, or enforce the final rule entitled Unaccompanied Children Program Foundational Rule, (89 Fed. Reg. 34384 (effective July 1, 2024)) or any successor or substantially similar rule.
Section 69
248. None of the funds appropriated by this Act may be used to place an unaccompanied alien child with a sponsor in any case where such unaccompanied alien child has been convicted of a crime, or has a pending criminal charge relating to gang affiliation or activity, in the United States or in such unaccompanied alien child’s country of origin or country of last habitual residence.
Section 70
249. None of the funds made available by this Act may be used to administer, implement, or enforce the final rule entitled Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting, (89 Fed. Reg. 40876 (effective June 21, 2024)) or any successor or substantially similar rule.
Section 71
250. None of the funds made available by this Act may be used to administer, implement, or enforce the final rule entitled Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage, (89 Fed. Reg. 23338 (effective June 17, 2024)) or any successor or substantially similar rule.
Section 72
251. None of the funds made available by this Act may be used by the Secretary of Health and Human Services to determine that a public health emergency exists pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), or issue any related order that would impede, limit, or restrict a citizen’s Second Amendment rights.
Section 73
252. Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 245 (42 U.S.C. 238n) the following: A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. For purposes of this section: The term designated violation means an actual or threatened violation of— section 507(d) of division D of the Further Consolidated Appropriations Act, 2024 (or any subsequent substantially similar provision); or any funding condition imposed by the Federal Government pursuant to such section 507(d) (or such substantially similar provision). The term qualified party means— the Attorney General of the United States; any attorney general of a State; or any person or entity adversely affected by the designated violation without regard to whether such person or entity is a health care provider. The term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State, or of such a local government. An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies. An action under this section may be maintained against a Federal agency committing a designated violation described in subsection (b)(1)(A) or any recipient or subrecipient of Federal assistance committing a designated violation described in subsection (b)(1)(B), including a State governmental entity. In an action under this section, the court shall grant— all appropriate relief, including injunctive relief, declaratory relief, and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs. No State or governmental official that commits a designated violation shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action under subsection (a). 245A.Civil action for certain violations(a)In generalA qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation.(b)DefinitionsFor purposes of this section:(1)Designated violationThe term designated violation means an actual or threatened violation of—(A)section 507(d) of division D of the Further Consolidated Appropriations Act, 2024 (or any subsequent substantially similar provision); or(B)any funding condition imposed by the Federal Government pursuant to such section 507(d) (or such substantially similar provision).(2)Qualified partyThe term qualified party means—(A)the Attorney General of the United States;(B)any attorney general of a State; or(C)any person or entity adversely affected by the designated violation without regard to whether such person or entity is a health care provider.(3)State governmental entityThe term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State, or of such a local government.(c)Administrative remedies not requiredAn action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies.(d)DefendantsAn action under this section may be maintained against a Federal agency committing a designated violation described in subsection (b)(1)(A) or any recipient or subrecipient of Federal assistance committing a designated violation described in subsection (b)(1)(B), including a State governmental entity.(e)Nature of reliefIn an action under this section, the court shall grant—(1)all appropriate relief, including injunctive relief, declaratory relief, and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and(2)to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs.Relief in an action under this section may include money damages even if the defendant is a governmental entity.(f)Abrogation of State ImmunityNo State or governmental official that commits a designated violation shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action under subsection (a)..
Section 74
245A. Civil action for certain violations A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. For purposes of this section: The term designated violation means an actual or threatened violation of— section 507(d) of division D of the Further Consolidated Appropriations Act, 2024 (or any subsequent substantially similar provision); or any funding condition imposed by the Federal Government pursuant to such section 507(d) (or such substantially similar provision). The term qualified party means— the Attorney General of the United States; any attorney general of a State; or any person or entity adversely affected by the designated violation without regard to whether such person or entity is a health care provider. The term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State, or of such a local government. An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies. An action under this section may be maintained against a Federal agency committing a designated violation described in subsection (b)(1)(A) or any recipient or subrecipient of Federal assistance committing a designated violation described in subsection (b)(1)(B), including a State governmental entity. In an action under this section, the court shall grant— all appropriate relief, including injunctive relief, declaratory relief, and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs. No State or governmental official that commits a designated violation shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action under subsection (a).
Section 75
253. None of the funds made available by this Act may be used to administer, implement, or enforce the final rule entitled Improving Child Care Access, Affordability, and Stability in the Child Care and Development Fund (CCDF), (89 Fed. Reg. 15366 (effective April 30, 2024)) insofar as such rule makes changes relating to sections 98.16(z) and 98.30(b)(1) of title 45, Code of Federal Regulations.
Section 76
254. None of the funds appropriated or otherwise made available by this Act may be used to place an unaccompanied alien child with an alien sponsor who has not been admitted (as defined in paragraph (13) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) or who is deportable under section 237(a) of such Act (8 U.S.C. 1227(a)).
Section 77
255. None of the funds in this Act may be used for the Centers for Disease Control and Prevention, National Institutes of Health, and Substance Abuse and Mental Health Services Administration to fund or carry out any research relating to gunshot injury or mortality prevention that treats crimes committed with a firearm as a public health epidemic, including advocating, promoting, or studying firearm-related restrictions or policies; firearm disenfranchisement, bans, confiscation, or registration, or other gun control measures; and any other restriction on firearms: Provided, That nothing shall prevent the Centers for Disease Control and Prevention, the National Institutes of Health, and the Substance Abuse and Mental Health Services Administration from carrying out research on medical procedures, practices, treatments, medicines, and therapies related to gunshot injuries and recovery.
Section 78
256. None of the funds made available by this Act may be used for research on vertebrate animals for the purpose of studying the effects of drugs, surgery, or other interventions to alter the human body (including by disrupting the body’s development, inhibiting its natural functions, or modifying its appearance) to no longer correspond to its biological sex.
Section 79
257. None of the funds made available in this Act may be used to implement CMS-5056-N, Implementation of Prior Authorization for Select Services for the Wasteful and Inappropriate Services Reduction (WISeR) Model, or any such model that implements prior authorizations in traditional Medicare.
Section 80
258. Section 752 of the Public Health Service Act (42 U.S.C. 294b) is amended in subsection (g) by striking fiscal years 2023 through 2025 and inserting fiscal years 2026 through 2028.
Section 81
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.
Section 82
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.
Section 83
303. Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2026, through September 30, 2027.
Section 84
304. 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 2026 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. Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized.
Section 85
305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be applied by substituting 2026 for 2021.
Section 86
306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall be applied by substituting 2027 for 2021.
Section 87
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.).
Section 88
308. 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, 2028: 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 Workforce 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.
Section 89
309. Of the amounts appropriated in this Act for Institute of Education Sciences, up to $13,000,000 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.
Section 90
310. Of the unobligated balances in the Department of Education Nonrecurring Expenses Fund established in section 313 of division H of Public Law 116–260, $197,000,000 are hereby rescinded not later than September 30, 2026: Provided, That from any remaining unobligated balances in such Fund, the Secretary may transfer up to $15,000,000 to Student Aid Administration for information technology, to remain available through September 30, 2027: Provided further, That the Secretary may obligate funds from such Fund for any program, project, or activity for which a notification was submitted before the date of enactment of this Act: Provided further, That the Secretary may transfer amounts into such Fund: Provided further, That any amounts transferred into such Fund are available for the purposes provided by this section or for which a notification was submitted to the Committees on Appropriations of the House of Representatives and the Senate before the date of enactment of this Act: Provided further, That the authority to transfer amounts under this section is in addition to any other transfer authority in law.
Section 91
311. None of the funds made available by this Act may be used to provide financial assistance to an educational institution that allows an individual whose sex is male to participate in an athletic program or activity that is designated for women or girls. For the purpose of this section, the term sex means the reproductive biology and genetics of an individual as determined solely at birth.
Section 92
312. None of the funds provided in this Act to the Department of Education, or provided under a previous or subsequent appropriations Act to such Department, may be used to enforce any of the following rules or interpretations related to title IX of the Education Amendments of 1972 (20 U.S.C.1681-1688): The final rule titled, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 Fed. Reg. 33474 (effective August 1, 2024). The proposed rule titled, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams, (88 Fed. Reg. 22860; published April 13, 2023). The notice of interpretation titled, Enforcement of Title IX of the Education Amendments of 1972 With Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, (86 Fed. Reg. 32637; published June 22, 2021). Any substantially similar rule or interpretation.
Section 93
313. None of the funds made available under this Act may be provided to any public institution of higher education that denies to a religious student organization any right, benefit, or privilege that is otherwise afforded to other student organizations at the institution (including full access to the facilities of the institution and official recognition of the organization by the institution) because of the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization.
Section 94
314. None of the funds made available by this Act may be used to— implement the modifications of statutory and regulatory provisions relating to debt discharge described in the rule published by the Department of Education in the Federal Register on October 12, 2022 (87 Fed. Reg. 61514), or take any substantially similar action; implement, administer, or enforce section 682.215 or section 685 of title 34, Code of Federal Regulations (relating to income-based repayment and income-driven repayment), as amended by the final regulations published by the Department of Education in the Federal Register on July 10, 2023 (88 Fed. Reg. 43820 et seq.) or take any substantially similar action; implement, administer, or enforce section 685.401 of title 34, Code of Federal Regulations (relating to borrower defense to repayment), as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2022 (87 Fed. Reg. 65904 et seq.) or take any substantially similar action; implement, administer, or enforce section 668.28 of title 34, Code of Federal Regulations (relating to the 90/10 rule), as added or amended by the final regulations published by the Department of Education in the Federal Register on October 28, 2022 (87 Fed. Reg. 65426 et. seq.) or take any substantially similar action; implement, administer, or enforce sections 600.10, 600.21, 668.2, 668.13, 668.43, 668.91, 668.402 through 668.409 (excluding section 668.408), and 668.601 through 668.606 of title 34, Code of Federal Regulations (relating to financial value transparency and gainful employment), as added or amended by the final regulations published by the Department of Education in the Federal Register on October 10, 2023 (88 Fed. Reg. 70004 et. seq.) or take any substantially similar action; or finalize, implement, administer, or enforce the proposed rule titled Student Debt Relief for the William D. Ford Federal Direct Loan Program (Direct Loans), the Federal Family Education Loan (FFEL) Program, the Federal Perkins Loan (Perkins) Program, and the Health Education Assistance Loan (HEAL) Program published by the Department of Education in the Federal Register on April 17, 2024 (89 FR 27564) or any substantially similar rule.
Section 95
315. The Workforce Pell Grants authorized under section 401(k) of the Higher Education Act of 1965 shall hereafter be known and designated as Trump Grants.
Section 96
316. None of the funds made available in this Act may be used by any local education agency to conduct student-involved active shooter drills in schools without first providing student participants under 16 years old with the ability to opt out of such exercises with parental or legal guardianship consent.
Section 97
401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2026, 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.
Section 98
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.
Section 99
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.
Section 100
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.
Section 101
405. For the purpose of carrying out section 189D of the 1990 Act— 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); individuals described in such section shall be considered volunteers under section 3 of NCPA; and 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.
Section 102
406. Notwithstanding sections 139(b), 146, and 147 of the 1990 Act, an individual who successfully completes a term of service of not less than 1,200 hours during a period of not more than one year may receive a national service education award having a value of 70 percent of the value of a national service education award determined under section 147(a) of the Act.
Section 103
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.
Section 104
408. CNCS and AmeriCorps shall hereafter be known and designated as America First Corps.
Section 105
409. None of the funds provided by this Act or previous Acts making appropriations for the National Labor Relations Board may be used to issue any new administrative directive or regulation that would provide employees any means of voting through any electronic means in an election to determine a representative for the purposes of collective bargaining.
Section 106
410. None of the funds made available by this Act may be used to reduce availability of phone services for Social Security beneficiaries or to close any Social Security field offices.
Section 107
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.
Section 108
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.
Section 109
503. 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. 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. 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.
Section 110
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.
Section 111
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— the percentage of the total costs of the program or project which will be financed with Federal money; the dollar amount of Federal funds for the project or program; and percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.
Section 112
506. None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion. The term health benefits coverage means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.
Section 113
507. The limitations established in the preceding section shall not apply to an abortion— if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. In this subsection, the term health care entity includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
Section 114
508. None of the funds made available in this Act may be used for— the creation of a human embryo or embryos for research purposes; or 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)). 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.
Section 115
509. 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. 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.
Section 116
510. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
Section 117
511. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— 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 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.
Section 118
512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.
Section 119
513. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section.
Section 120
514. 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 2026, 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— creates new programs; eliminates a program, project, or activity; increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; relocates an office or employees; reorganizes or renames offices; reorganizes programs or activities; or contracts out or privatizes any functions or activities presently performed by Federal employees; 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 2026, 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— augments existing programs, projects (including construction projects), or activities; reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or 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;
Section 121
515. 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. None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading.
Section 122
516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2026 that are different than those specified in this Act, the detailed table in the Committee report accompanying this Act, or the fiscal year 2026 budget request.
Section 123
517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000, individually or in total for a particular project, activity, or programmatic initiative, in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2026, 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.
Section 124
518. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant's number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act.
Section 125
519. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement.
Section 126
520. 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. 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.
Section 127
521. For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: the operating divisions of HHS shall be considered independent agencies; and attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals.
Section 128
522. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at 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.
Section 129
523. Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2026 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.
Section 130
524. 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).
Section 131
525. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided, That such limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law: Provided further, That none of the funds appropriated in this Act may be used for the operation of a supervised drug consumption facility that permits the consumption onsite of any substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812).
Section 132
526. Each department and related agency funded through this Act shall provide answers to questions submitted for the record by members of the Committee within 45 business days after receipt.
Section 133
527. 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. 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, 2030: 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. 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.
Section 134
528. 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, $12,835,000,000 are hereby permanently rescinded.
Section 135
529. Of the unobligated balances of funds made available by sections 2023, 2206, 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2601, 2602, 2603, 2605, 2701, 2702, 2703, 2704, 2705, 2706, 2707, 2708, 2709, 2710, 2711, 2712, 2713, 2904, 2912, 3101, and 9911 of the American Rescue Plan Act of 2021 (Public Law 117–2), $183,000,000 are hereby rescinded: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the unobligated balances rescinded pursuant to this section by both account and amount from each applicable appropriation in Public Law 117–2.
Section 136
530. In general.—Notwithstanding section 7 of title 1, United States Code, section 1738C of title 28, United States Code, or any other provision of law, none of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman. Discriminatory action defined.—As used in subsection (a), a discriminatory action means any action taken by the Federal Government to— alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a); disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person; withhold, reduce the amount or funding for, exclude, terminate, or otherwise make unavailable or deny, any Federal grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, employment, or other similar position or status from or to such person; withhold, reduce, exclude, terminate, or otherwise make unavailable or deny, any entitlement or benefit under a Federal benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program, from or to such person; or withhold, reduce, exclude, terminate, or otherwise make unavailable or deny access or an entitlement to Federal property, facilities, educational institutions, speech fora (including traditional, limited, and nonpublic fora), or charitable fundraising campaigns from or to such person. Accreditation; Licensure; Certification.—The Federal Government shall consider accredited, licensed, or certified for purposes of Federal law any person that would be accredited, licensed, or certified, respectively, for such purposes but for a determination against such person wholly or partially on the basis that the person speaks, or acts, in accordance with a sincerely held religious belief or moral conviction described in subsection (a).
Section 137
531. None of the funds made available by this Act may be used by the Secretaries of Labor, Health and Human Services, or Education, the Commissioner of the Social Security Administration, or the head of any other agency funded in this Act to fly or display a flag over a Federal facility other than— the flag of the United States; the flag of a State, territory, or the District of Columbia; the flag of an Indian Tribal Government; the official Flag of a Federal agency; the POW/MIA flag; the flag of the Public Health Service; or the flag of the United States Surgeon General.
Section 138
532. None of the funds made available by this Act may be used to implement, enforce, or otherwise carry out the following— Executive Order 13990, relating to Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis; Executive Order 14008, relating to Tackling the Climate Crisis at Home and Abroad; Section 6 of Executive Order 14013, relating to Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration; Executive Order 14030, relating to Climate-Related Financial Risk; Executive Order 14037, relating to Strengthening American Leadership in Clean Cars and Trucks; Executive Order 14057, relating to Catalyzing Clean Energy Industries and Jobs through Federal Sustainability; Executive Order 14082, relating to Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022; and Executive Order 14096, relating to Revitalizing Our Nation’s Commitment to Environmental Justice for All.
Section 139
533. None of the funds appropriated or otherwise made available by this Act may be made available to implement, administer, apply, enforce, or carry out Executive Order 13985 of January 20, 2021 (86 Fed. Reg. 7009, relating to advancing racial equity and support for under-served communities through the Federal government); Executive Order 14035 of June 25, 2021 (86 Fed. Reg. 34593, relating to diversity, equity, inclusion, and accessibility in the Federal workforce); or Executive Order 14091 of February 16, 2023 (88 Fed. Reg. 10825, relating to further advancing racial equity and support for underserved communities through the Federal Government).
Section 140
534. None of the funds appropriated or otherwise made available by this Act may be made available for diversity, equity, and inclusion initiatives, training, programs, offices, officers, policies, or any program, project, or activity that promotes or advances Critical Race Theory, or any concept associated with Critical Race Theory.
Section 141
535. None of the funds appropriated or otherwise made available by this Act may be used to carry out any program, project, or activity that teaches or trains any idea or concept that condones an individual being discriminated against or receiving adverse or beneficial treatment based on race or sex, that condones an individual feeling discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex, as well as any idea or concept that regards one race as inherently superior to another race, the United States or its institutions as being systemically racist or sexist, an individual as being inherently racist, sexist, or oppressive by virtue of that individual’s race or sex, an individual’s moral character as being necessarily determined by race or sex, an individual as bearing responsibility for actions committed in the past by other members of the same race or sex, or meritocracy being racist, sexist, or having been created by a particular race to oppress another race.
Section 142
536. None of the funds appropriated or otherwise made available by this Act may be made available to a United States institution of higher education unless and until such institution adopts a prohibition on antisemitic conduct that creates a hostile environment in violation of Title VI of the Civil Rights Act of 1964 in all documents relating to student or employee conduct. None of the funds appropriated or otherwise made available by this Act may be made available to a United States institution of higher education that has failed to take administrative action against any student, staff member, or student group that commits acts of antisemitism while utilizing the facilities, grounds, or resources of such institution.
Section 143
537. Notwithstanding any other provision of law, none of the funds made available by this Act may be made available to support directly or indirectly— the Wuhan Institute of Virology located in the City of Wuhan in the People’s Republic of China; the EcoHealth Alliance, Inc.; any laboratory owned or controlled by the governments of the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros, or any other country determined by the Secretary of State to be a foreign adversary; or gain-of-function research.
Section 144
538. None of the funds made available by this Act may be used to establish, implement, administer, or enforce any COVID–19 mask or vaccine mandate.
Section 145
539. None of the funds made available by this Act may be used to enter into a procurement contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or guarantee to, any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) or any subsidiary of such entity.
Section 146
540. None of the funds appropriated by this Act may be made available for any institution of higher education (as defined by 20 U.S.C. 1002), that engages in a partnership or other formalized academic collaboration in STEM (as defined in 15 U.S.C. 8841) including but not limited to a joint institute with an entity, such as a college or university that is located, operated, or controlled by the Chinese Communist Party or the Government of the People’s Republic of China.
Section 147
541. None of the funds made available by this Act or otherwise made available for fiscal year 2026 may be obligated or expended to procure or purchase computers, printers, or interoperable videoconferencing services needed for an office environment in which the manufacturer, bidder, or offeror, or any subsidiary or parent entity of the manufacturer, bidder, or offeror, of the equipment is an entity, or parent company of an entity in which the People’s Republic of China has any ownership stake. The prohibition in subsection (a) also applies in cases in which the agency has contracted with a third party for the procurement, purchase, or expenditure of funds on any of the equipment and software described in such subsection.
Section 148
542. $0.