Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2026
Sponsored By: Senator Shelley Capito
In Committee
Summary
This bill provides large, targeted discretionary funding across Labor, Health and Human Services, and Education to support job training, public health research, and K–12 and higher education programs. It bundles dozens of program-level allocations and rules that reshape how workforce, health, and education dollars are distributed and monitored.
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Bill Overview
Analyzed Economic Effects
32 provisions identified: 13 benefits, 9 costs, 10 mixed.
Faster state school grant payments
If enacted, the Department of Education would be required to send each State its formula grant money on the day the funds become available. The bill would also require agencies to publish competitive grant notices at least four months before money expires and try to award grants at least 30 days before funds lapse.
Holdback of child enrollment funds
If enacted, $12.685 billion in the Child Enrollment Contingency Fund would be unavailable to spend this fiscal year. That holdback could delay programs and services that would otherwise help children and families this year.
Older breast screening rules applied
If enacted, laws that point to the U.S. Preventive Services Task Force breast screening guidance would be read as if they referred to the recommendations issued before 2009. That rule would apply for references during Nov. 1, 2015 through Jan. 1, 2028 and could change coverage and screening guidance for mammography.
Rescind unspent balances from PL 117‑169
If enacted, $11.661 billion of unobligated balances made available under a prior law (Public Law 117‑169) would be rescinded. That would take back unspent funds previously set aside under that statutory provision.
Keep Title I and IDEA at Education
If enacted, the Department of Education could not transfer major responsibilities for Title I Part A or Parts B and C of IDEA to another agency using funds in this Act. The Department must keep staffing needed to carry out those programs and funded activities in a timely way.
Cap pay from HHS grants
If enacted, funds in this title could not be used to pay a person's salary through a grant or other extramural award at a rate above Executive Level II. The change does not stop NIH from using its specific authority to pay up to 100% of salary at that level.
Overtime change for disaster adjusters
If enacted, for two years after a major disaster, some employees who adjust or evaluate disaster claims and who earn at least $591 per week (or a higher Secretary-set amount) might be excluded from Section 7 overtime protections if their employer is not in insurance underwriting, selling, or marketing. This could reduce overtime pay for qualifying workers.
Limits on NIH and PHS research spending
If enacted, NIH would be restricted from front‑loading more multi‑year grants in 2026 than in 2024 unless it awards at least the same number of total grants. Programs under the Public Health Service Act could spend no more than 2.5% of their appropriation on evaluation and implementation work. The NIH must also keep using indirect cost rules as they were in Q3 of FY2017 and could not adopt changes that expand deviation effects beyond that quarter.
Limit ACWIA grants to H‑1B jobs
If enacted, grants under ACWIA section 414(c) could be used only for competitive training of people over age 16 who are not enrolled in local public school, and only for jobs and industries where employers use H‑1B visas. Support activities tied to that training would be allowed.
Cut to immigration unobligated funds
If enacted, $200 million of unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act would be permanently rescinded by September 30, 2026. That reduces funds available under that immigration authority.
Cuts to education and job reserves
If enacted, the bill would rescind $197 million from the Department of Education Nonrecurring Expenses Fund and permanently remove $25 million from the Institute of Education Sciences. It would also cut $75 million from the Dislocated Workers Assistance National Reserve, reducing funds for education innovation and rapid‑response worker services.
Title X family and reporting rules
If enacted, Title X providers would have to follow State laws that require reporting child abuse, sexual abuse, rape, or incest. Also, groups seeking Title X funds from this Act would need to certify that they encourage family participation in minors' family planning decisions and that they counsel minors on resisting sexual coercion. Groups that do not certify would not be eligible for these funds.
Community performance pilots extended
If enacted, Federal agencies could run up to 10 Performance Partnership Pilots through September 30, 2030, using discretionary funds in this Act. Pilots must include communities that experienced civil unrest and selected sites may get up to five extra years to operate under the authorities.
Limits on federal syringe purchases
If enacted, funds in this Act could not be used to buy sterile needles or syringes for illegal drug injection. There is an exception if a State or local health department, in consultation with the CDC, finds an HIV or hepatitis outbreak risk and the program follows State law. The limit covers purchases only, not other program activities.
Medicare plan and hospital protections
If enacted, Medicare Advantage plans could not be blocked from joining the program just because they say they will not provide or refer for abortions. The Secretary would have to prospectively adjust capitation payments to those plans to reflect expected costs. The bill would also require CMS to notify Congress and analyze impacts before ending some critical access hospital agreements, with extra consultation to protect rural hospital standards.
Job Corps and apprentice protections
If enacted, the bill would prevent using these funds to change the DOL–USDA interagency agreement and would block most Job Corps or Civilian Conservation Center closures except for strict safety or performance reasons. It also allows selling specified Job Corps property and using net proceeds for Job Corps projects, limits salaries paid from Job Corps and ETA grants to Executive Level II, and lets DOL transfer small shares for program integrity.
More funding for program evaluations
If enacted, Labor and Education could reserve small shares of appropriations to pay for evaluations and research. The bill would allow DOL to hold up to 0.75% of listed accounts, allow Education to reserve up to 0.5% from most HEA program funds, extend some evaluation funds' obligation windows, and let ACF and BLS use research dollars through 2030.
New H-2B wage and timing rules
If enacted, the prevailing wage for H-2B jobs would be the higher of what the employer pays similar workers or the local occupational wage. Private wage surveys would be accepted unless invalid. For seafood employers, petitioned workers could enter within a 120-day window without a new petition, but crossings after day 90 require a new local labor check and offering the job to qualified U.S. workers.
Allow endowment scholarship income
If enacted, colleges that got Title III or V endowment money for FY2026 could use income from that endowment to award scholarships, subject to an existing HEA limit. The change stays in effect until Titles III and V are reauthorized.
CDC can pay schooling in territories
If enacted, CDC salary-and-expense funds could pay for primary and secondary schooling for eligible dependents of CDC staff stationed in U.S. territories. Payments could not exceed the costs that the Department of Defense would pay or reimburse.
Targeted outreach for loan cancellation
If enacted, $2.3 million would fund outreach to borrowers who may qualify for loan cancellation under section 455(m). The effort would tell people how to enroll in qualifying plans and file employment certification and could improve chances of getting loan cancellation. The bill also lets Student Aid Administration funds pay institutions that service Perkins loans.
Labor Secretary may hire protective officers
If enacted, the Secretary of Labor could employ law enforcement officers or special agents to protect the Secretary and immediate family. Those officers could carry firearms, make certain warrantless arrests, and perform protective intelligence subject to Attorney General and Labor guidelines.
Limits on H‑2B enforcement rules
If enacted, the Act would bar use of funds in this Act to enforce certain Department of Labor rules about 'corresponding employment' and the three‑quarters guarantee for H‑2B workers. It would also adopt a specific 'temporary need' definition for H‑2B admissions. Employers and H‑2B workers could see easier admissions or hiring under these rules.
More transparency for agency actions
If enacted, agencies funded by this Act would need to give Congress advance notices and public plans before reorganizing CDC functions, making major workforce changes, announcing or ending certain grants, and must answer committee questions within 45 business days. Agencies would also report quarterly appropriation balances and follow labeling and small expense rules.
Stronger rules for child migrant care
If enacted, funds could not be used to house unaccompanied alien children in facilities that lack State licensing except briefly during an emergency. Long‑term facilities would have to meet Flores‑like standards and staff ratios. Members of Congress could visit such facilities for oversight if they coordinate two business days ahead and do not interfere with operations.
NIH can move opioid research funds
If enacted, the NIH Director could transfer funds for opioid addiction, alternatives, stimulant misuse, pain management, and addiction treatment to other NIH institutes and centers for the same purposes after notifying Appropriations and waiting 15 days. This aims to coordinate addiction research and treatment across NIH.
Allowed voluntary prayer in schools
If enacted, no funds in this Act could be used to prevent voluntary prayer or meditation programs in public schools where such programs are lawful. The change does not require schools to start these programs.
NIH must finish misconduct probes
If enacted, NIH would require institutions that get NIH awards to finish investigations into harassment, bullying, retaliation, or hostile work environments for any PI or key staff named in an award or report, even if they leave. NIH could block transfers of awards until concerns are resolved and share findings with other institutions.
Ban on buying goods from child forced labor
If enacted, the government could not use funds in this Act to buy goods or services made in whole or part by forced or indentured child labor in industries and countries the Department of Labor identified before enactment. The ban applies to purchases funded under this Act.
HHS spending, transfers, and networks rules
If enacted, HHS operating divisions would count conference attendance separately and follow new reporting rules for section 241 spending before using those administrative funds. The bill would require certain Prevention Fund transfers within 45 days and bar agencies using Act funds to run networks that allow viewing pornography, except for law enforcement needs.
Rules for unaccompanied children's care
If enacted, HHS could accept private donations for the care of unaccompanied alien children in ORR custody, including medical services, school supplies, and clothing. The Secretary would also need to notify Appropriations 15 days before opening an unlicensed influx facility and send monthly reports about separated children and those in ORR custody.
Small reprogramming authority for agencies
If enacted, the Departments of Labor and Education could move up to 1% of discretionary funds between accounts, and no single account could be increased by more than 3% from such transfers. Appropriations Committees would get 15 days' notice before transfers.
Sponsors & CoSponsors
Sponsor
Shelley Capito
WV • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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