Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021

IB Union Calendar No. 362 116TH CONGRESS 2D SESSION H. R. 7614 [Report No. 116–450] Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2021, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 15, 2020 Ms. DELAURO, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agen- cies for the fiscal year ending September 30, 2021, and for other purposes. VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7614 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Departments of Labor, Health and Human Services, and 5 Education, and related agencies for the fiscal year ending 6 September 30, 2021, and for other purposes, namely: 7 TITLE I 8 DEPARTMENT OF LABOR 9 EMPLOYMENT AND TRAINING ADMINISTRATION 10 TRAINING AND EMPLOYMENT SERVICES 11 For necessary expenses of the Workforce Innovation 12 and Opportunity Act (referred to in this Act as ‘‘WIOA’’) 13 and the National Apprenticeship Act, $3,696,700,000, 14 plus reimbursements, shall be available. Of the amounts 15 provided: 16 (1) for grants to States for adult employment 17 and training activities, youth activities, and dis- 18 located worker employment and training activities, 19 $2,869,832,000 as follows: 20 (A) $864,649,000 for adult employment 21 and training activities, of which $152,649,000 22 shall be available for the period July 1, 2021 23 through June 30, 2022, and of which 24 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7614 RH $712,000,000 shall be available for the period 1 October 1, 2021 through June 30, 2022; 2 (B) $925,130,000 for youth activities, 3 which shall be available for the period April 1, 4 2021 through June 30, 2022; and 5 (C) $1,080,053,000 for dislocated worker 6 employment and training activities, of which 7 $220,053,000 shall be available for the period 8 July 1, 2021 through June 30, 2022, and of 9 which $860,000,000 shall be available for the 10 period October 1, 2021 through June 30, 2022: 11 Provided, That the funds available for allotment to 12 outlying areas to carry out subtitle B of title I of the 13 WIOA shall not be subject to the requirements of 14 section 127(b)(1)(B)(ii) of such Act: Provided fur- 15 ther, That notwithstanding the requirements of the 16 WIOA, the Secretary may waive certain require- 17 ments to permit the outlying areas to submit a sin- 18 gle application for a consolidated grant that awards 19 funds that would otherwise be available to such 20 areas to carry out the activities described in subtitle 21 B of title I of the WIOA: Provided further, That 22 upon receipt of a waiver, an application shall be sub- 23 mitted to the Secretary at such time, in such man- 24 ner and containing respective spending plans with a 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7614 RH funding floor for each program and activity author- 1 ized under such subtitle B of title I of the WIOA as 2 the Secretary may require: Provided further, That 3 outlying areas awarded a consolidated grant de- 4 scribed in the preceding provisos may use identified 5 excess funding above the funding floor for each ac- 6 tivity for any of the other programs and activities 7 authorized under such subtitle B of title I of the 8 WIOA subject to such reporting requirements issued 9 by the Secretary; and 10 (2) for national programs, $826,868,000 as fol- 11 lows: 12 (A) $280,859,000 for the dislocated work- 13 ers assistance national reserve, of which 14 $80,859,000 shall be available for the period 15 July 1, 2021 through September 30, 2022, and 16 of which $200,000,000 shall be available for the 17 period October 1, 2021 through September 30, 18 2022: Provided, That funds provided to carry 19 out section 132(a)(2)(A) of the WIOA may be 20 used to provide assistance to a State for state- 21 wide or local use in order to address cases 22 where there have been worker dislocations 23 across multiple sectors or across multiple local 24 areas and such workers remain dislocated; co- 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7614 RH ordinate the State workforce development plan 1 with emerging economic development needs; and 2 train such eligible dislocated workers: Provided 3 further, That funds provided to carry out sec- 4 tions 168(b) and 169(c) of the WIOA may be 5 used for technical assistance and demonstration 6 projects, respectively, that provide assistance to 7 new entrants in the workforce and incumbent 8 workers: Provided further, That notwithstanding 9 section 168(b) of the WIOA, of the funds pro- 10 vided under this subparagraph, the Secretary of 11 Labor (referred to in this title as ‘‘Secretary’’) 12 may reserve not more than 10 percent of such 13 funds to provide technical assistance and carry 14 out additional activities related to the transition 15 to the WIOA: Provided further, That of the 16 funds provided under this subparagraph, 17 $50,000,000 shall be for training and employ- 18 ment assistance under sections 168(b), 169(c) 19 (notwithstanding the 10 percent limitation in 20 such section) and 170 of the WIOA for the pur- 21 pose of developing, offering, or improving edu- 22 cational or career training programs at commu- 23 nity colleges, defined as public institutions of 24 higher education, as described in section 101(a) 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7614 RH of the Higher Education Act of 1965 and at 1 which the associate’s degree is primarily the 2 highest degree awarded, with other eligible in- 3 stitutions of higher education, as defined in sec- 4 tion 101(a) of the Higher Education Act of 5 1965, eligible to participate through consortia, 6 with community colleges as the lead grantee: 7 Provided further, That the Secretary shall fol- 8 low the requirements for the program in House 9 Report 116–62: Provided further, That any 10 grant funds used for apprenticeships shall be 11 used to support only apprenticeship programs 12 registered under the National Apprenticeship 13 Act and as referred to in section 3(7)(B) of the 14 WIOA: Provided further, That the Department 15 shall issue a Solicitation for Grant Applications 16 (SGA) within 120 days of enactment of this 17 Act: Provided further, That the funds made 18 available in this title under the heading ‘‘DE- 19 PARTMENTAL MANAGEMENT’’ for Execu- 20 tive Direction shall be reduced by $100,000 for 21 each day the SGA is not issued beyond the 120 22 day requirement and such funds shall be re- 23 scinded in the amount for each such reduction: 24 Provided further, That the reduction required 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7614 RH by the preceding proviso shall be taken only 1 from the ‘‘Executive Direction’’ line in the table 2 at the end of the committee report accom- 3 panying this Act; 4 (B) $55,500,000 for Native American pro- 5 grams under section 166 of the WIOA, which 6 shall be available for the period July 1, 2021 7 through June 30, 2022; 8 (C) $95,896,000 for migrant and seasonal 9 farmworker programs under section 167 of the 10 WIOA, including $88,938,000 for formula 11 grants (of which not less than 70 percent shall 12 be for employment and training services), 13 $6,389,000 for migrant and seasonal housing 14 (of which not less than 70 percent shall be for 15 permanent housing), and $569,000 for other 16 discretionary purposes, which shall be available 17 for the period April 1, 2021 through June 30, 18 2022: Provided, That notwithstanding any 19 other provision of law or related regulation, the 20 Department of Labor shall take no action lim- 21 iting the number or proportion of eligible par- 22 ticipants receiving related assistance services or 23 discouraging grantees from providing such serv- 24 ices: Provided further, That notwithstanding the 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7614 RH definition of ‘‘eligible seasonal farmworker’’ in 1 section 167(i)(3) of the WIOA, an individual is 2 eligible for migrant and seasonal farmworker 3 programs under section 167 of the WIOA if 4 such individual is a member of a family with a 5 total family income equal to or less than 150 6 percent of the poverty line; 7 (D) $100,534,000 for YouthBuild activi- 8 ties as described in section 171 of the WIOA, 9 which shall be available for the period April 1, 10 2021 through June 30, 2022; 11 (E) $103,079,000 for ex-offender activi- 12 ties, under the authority of section 169 of the 13 WIOA, which shall be available for the period 14 April 1, 2021 through June 30, 2022: Provided, 15 That of this amount, $25,000,000 shall be for 16 competitive grants to national and regional 17 intermediaries for activities that prepare for 18 employment young adults with criminal records 19 or young adults who have been justice system- 20 involved or who have dropped out of school or 21 other educational programs, with a priority for 22 projects serving high-crime, high-poverty areas; 23 (F) $6,000,000 for the Workforce Data 24 Quality Initiative, under the authority of section 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7614 RH 169 of the WIOA, which shall be available for 1 the period July 1, 2021 through June 30, 2 2022; and 3 (G) $185,000,000 to expand opportunities 4 through apprenticeships only registered under 5 the National Apprenticeship Act and as referred 6 to in section 3(7)(B) of the WIOA, to be avail- 7 able to the Secretary to carry out activities 8 through grants, cooperative agreements, con- 9 tracts and other arrangements, with States and 10 other appropriate entities, including equity 11 intermediaries and business and labor industry 12 partner intermediaries, which shall be available 13 for the period July 1, 2021 through June 30, 14 2022: Provided, That of the funds provided to 15 carry out this subparagraph, not less than 20 16 percent shall be for making competitive con- 17 tracts, grants, and cooperative agreements to 18 national apprenticeship intermediaries, not less 19 than 20 percent shall be for competitive con- 20 tracts, grants, and cooperative agreements to 21 local apprenticeship intermediaries, and not less 22 than 50 percent shall be used to fund grants to 23 States: Provided further, That the Secretary 24 shall require any information publicly disclosed 25 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7614 RH related to the credentials and competencies 1 earned through registered apprenticeships, in- 2 cluding through Apprenticeship.gov, its suc- 3 cessor website or any data or website published 4 by the Secretary for a similar function, to be 5 published using an open source description lan- 6 guage that is designed to allow for public 7 search and comparison of such data. Such in- 8 formation may be published through open data 9 formats such as the credential transparency de- 10 scription language specifications or a substan- 11 tially similar approach. 12 JOB CORPS 13 (INCLUDING TRANSFER OF FUNDS) 14 To carry out subtitle C of title I of the WIOA, includ- 15 ing Federal administrative expenses, the purchase and 16 hire of passenger motor vehicles, the construction, alter- 17 ation, and repairs of buildings and other facilities, and the 18 purchase of real property for training centers as author- 19 ized by the WIOA, $1,755,655,000, plus reimbursements, 20 as follows: 21 (1) $1,603,325,000 for Job Corps Operations, 22 which shall be available for the period July 1, 2021 23 through June 30, 2022; 24 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7614 RH (2) $120,000,000 for construction, rehabilita- 1 tion and acquisition of Job Corps Centers, which 2 shall be available for the period July 1, 2021 3 through June 30, 2024, and which may include the 4 acquisition, maintenance, and repair of major items 5 of equipment: Provided, That the Secretary may 6 transfer up to 15 percent of such funds to meet the 7 operational needs of such centers or to achieve ad- 8 ministrative efficiencies: Provided further, That any 9 funds transferred pursuant to the preceding provi- 10 sion shall not be available for obligation after June 11 30, 2022: Provided further, That the Committees on 12 Appropriations of the House of Representatives and 13 the Senate are notified at least 15 days in advance 14 of any transfer; and 15 (3) $32,330,000 for necessary expenses of Job 16 Corps, which shall be available for obligation for the 17 period October 1, 2020 through September 30, 18 2021: 19 Provided, That no funds from any other appropriation 20 shall be used to provide meal services at or for Job Corps 21 centers. 22 VerDate Sep 11 2014 19:25 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7614.RH H7614 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7614 RH COMMUNITY SERVICE EMPLOYMENT FOR OLDER 1 AMERICANS 2 To carry out title V of the Older Americans Act of 3 1965 (referred to in this Act as ‘‘OAA’’), $410,000,000, 4 which shall be available for the period April 1, 2021 5 through June 30, 2022, and may be recaptured and reobli- 6 gated in accordance with section 517(c) of the OAA. 7 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 8 For payments during fiscal year 2021 of trade ad- 9 justment benefit payments and allowances under part I 10 of subchapter B of chapter 2 of t [Text truncated for display. 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